EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Design Professionals- Architects/Engineers
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations , property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts , or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.
(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Cont ractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(m) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
1 AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and CSG CONSULTANTS, INC., a California corporation (hereinafter “CONTRACTOR”).
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into a n agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services (hereinafter “Project”) as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, sha ll perform the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time fra mes.
The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to 2 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at t he time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect d uring the life of this Agreement all such licenses, permits, qualifications, insurance and app rovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on November 1, 20 22 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first.
3 ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not under take any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, provi ding, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to perfo rmance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of inter viewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
4 ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing service s under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (includ ing reasonable attorney’s fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitati on reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
5 Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintai n during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and leg al representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Stephen Schwabauer
To CONTRACTOR: CSG Consultants, Inc.
1303 J Street, #270
Sacramento, CA 95814
Attn: Bob Latz
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to b e performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 6 the services and work to be performed hereunder. CITY, howev er, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon term ination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in pro gress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Cour t. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dis pute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.
7 Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fee s prior to performing any work hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matt ers covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document. Should any inconsisten cy occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use of such documents for any purpose other than the purpose for which they were intended.
8 Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Tr ansit Funding Conditions, the Federal Transit Funding Conditions will control.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterparts, ea ch 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 t he other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in “portable document format” (“.pdf”) or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software will have the same effect as physical delivery of the paper document bearing an original signature.
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Section 4.22 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 this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the 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. lN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.
ATTEST CITY OF LODI, a municipal corporation
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
STEPHEN SCHWABAUER
City Manager
CSG CONSULTANTS, lNC., a California corporation
Bob Latz
CBO Regional Manager,v
By: By
Name
Title:
Attachments:
Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit C - lnsurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 27081000.72450 & 10061000.72450
(Business Unit & Account No.)
Doc lD:
CA:Rev.O9.2022.LT
I
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
5 Approach to Work
CSG’s proposed team has been selected to best support the specific needs of the City and will deliver the highest level of service through its application of technical expertise, knowledge of municipal processes and procedures, efficient and effective customer care, and application of code compliance combined with innovative and helpful alternatives. Our extensive experience in furnishing comprehensive building and fire life safety services to jurisdictions provides a consistent, strong technical foundation to all projects. From providing leading-edge digital plan review and online plan check status reporting to delivering faster-than- scheduled turnaround times and code interpretations, CSG will deliver the highest quality services to the City of Rocklin. CSG’s approach to work includes the following methodologies and key benefits:
A wealth of fully committed and qualified personnel. We maintain staff that is fully licensed and certified at the highest level of industry standards. To keep our personnel on the industry’s leading edge, many serve as instructors and lecturers and sit on boards and committees for organizations developing and implementing important code regulations. We also keep current with the latest in procedures and use of products.
Customized, responsive services. We are skilled at assessing time commitments, developing accurate work plans and applying dedicated, professional personnel with the skills and experience best-suited for the project. We can quickly fine-tune staffing levels to match or adjust to changes in plan review, inspection, and front counter activity and ensure responsiveness to customers. With our digital plan review capabilities, we are able to utilize plan review resources from any of our regional offices. In addition, we excel at coordinating with all agency departments as well as outside agencies. Rapid turnarounds and expedited services. With extensive experience in both code application and the digital plan review process, our staff excels at performing expeditious turnarounds while delivering thorough and accurate reviews. We easily match and more often beat any required review turnaround deadlines.
Leading-edge, cost-saving technology and methods. CSG delivers a suite of digital options— speedy digital plan reviews and electronic versions of plan comments; an easy-to-use online application for plan submittal, tracking and approval of digital plans; and available full scanning and archiving services. In addition, through knowledge gained from service to over 200 public agencies, we are constantly improving and adapting to provide our clients with the most cost-effective services. Environmentally friendly practices. Our corporate policy on sustainability supports a healthy environment, reduces our carbon footprint and promotes environmental stewardship through environmentally preferable purchasing and other actions including use of a digital plan review system that bypasses paper consumption, and use of duplexing and recycled, post-consumer content paper when printing is necessary.
3 SE C TI ON
EXHIBIT A
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
6 B U I L D I N G & F I R E P L A N R E V I E W S E R V I C E S Our team of professionals is ready to assist in all aspects of plan review and to focus on the special needs and requirements of each of our clients. We pledge thorough and accurate reviews and prompt turnaround times and offer proven digital plan review services and comprehensive online status reports. CSG serves as an active partner, working as a seamless extension of our public agency clients in performing the requested services and working closely with the development community and public as directed.
Compliance Standards
Our engineers and plan reviewers carefully review all plans and documents for compliance with building codes, fire codes, energy conservation standards, and accessibility regulations adopted by the State of California, and all local policies and ordinances including but not limited to:
California Building Code, Volumes 1 and 2
California Residential Code
California Electrical Code
California Plumbing Code
California Mechanical Code
California Fire Code
California Energy Code
California Green Building Standards Code (CALGreen)
California Existing Building Code
California Health and Safety Code
National Fire Protection Association (NFPA) Standards as adopted and referenced by the State of California (California Code of Regulations, Title-19)
State Historical Building Code
NPDES/WQMP/SWPPP Compliance
Local adopted ordinances and amendments relative to building, fire and municipal codes, including project Conditions of Approval from other agency departments, divisions, and regulating agencies Digital Plan Review
CSG has been providing digital plan
review services for over 20 years,
leading the consultant field with this
ground-breaking service. All paper plans
submitted to CSG for building and fire
plan review are immediately scanned
into digital files and stored on CSG’s
servers for quick and easy access by both our clients and our plan reviewers.
Our plan reviewers furnish electronic versions of their plan comments conforming to each client’s established correction list templates. Any additional forms utilized by the agency will be incorporated into the correction comments and returned with the appropriate recommendations. Plan check comments can be delivered electronically by email or other agency-approved means, enabling staff to immediately modify CSG’s checklist for incorporation with other department comments. We provide convenient, environmentally friendly digital storage of all construction-related documents, and on request, can provide clients with a set of digitally scanned plans at no additional cost.
In addition, for jurisdictions requesting a pure digital plan review workflow, we can enable an applicant to submit digital files—with no size limitations—directly to CSG via our web-based application. Our application Leading the field in
digital plan review
services for over 20
years.
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
7 includes an online portal for the applicant/jurisdiction to retrieve comments and marked-up digital plans including redlines. Importantly, this service tracks the status of all submittals and re-submittals until the plans have been approved.
Key features of our digital plan review service include:
Efficient. Plans are pushed to plan review staff the same day they are received.
User-friendly. CSG developed its own online portal specifically to manage the electronic file submittal process. Through use of this interface, the applicant is no longer faced with size restrictions on email attachments or required to learn complex file transfer settings. Proven. We have provided a digital plan review option to our clients for over 20 years.
Non-Proprietary. CSG’s electronic review process is 100% PDF-based with no additional software required to view redlines.
Online Plan Check Status
CSG offers a convenient service allowing clients to check plan review status and comments online. By accessing our secure Plan Check Status website, agency staff as well as authorized applicants can view their project documents and plans and communicate with the specific plan checker via e-mail. Staff and authorized applicants can download comments upon completion of the plan check. There is no additional cost for this service.
Plans Pickup and Delivery
CSG will coordinate pickup and delivery of plans and other materials from/to the agency via CSG personnel or an approved alternative service.
Green Building and LEED Accreditation
Our Building Division team is experienced in plan review and inspection for compliance with CALGreen and local green building ordinances and includes LEED Accredited Professionals. In addition, CSG Consultants has the qualifications necessary to assist with both the development of policy and the implementation of green and sustainable building practices. CSG’s Sustainability Programs division can assist, for example, with construction and demolition debris recycling programs and public outreach to the building industry.
OSHPD 3 Reviews
Our professional engineers and certified plans examiners are well-versed in the differences between CBC and OSHPD 3 facilities and have successfully completed OSHPD 3 plan reviews for multiple client agencies.
All paper plans
submitted to CSG
are immediately
scanned into digital
files for quick and
easy access by our
clients and plan
reviewers.
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
8 B U I L D I N G I N S P E C T I O N S E RV I C E S
CSG provides fully integrated, multi-
disciplined building inspection services
for residential, commercial, and
industrial projects. Our inspection
personnel have an outstanding
mixture of technical expertise and
experience in all construction types.
We provide experienced, ICC certified
inspectors who work with a team
approach to ensure compliance with applicable codes and requirements and provide solutions to mitigate potential risks and safety hazards. Using well-honed customer service and communication skills our inspectors excel at educating stakeholders to keep projects moving forward. Our inspectors also utilize current technologies and equipment to view plans and documents, research related code requirements, document field conditions and progress, and share that information with stakeholders while in the field.
Key services include but are not limited to the following:
Providing inspection services to ensure project compliance with State adopted codes and local amendments including building, electrical, mechanical and plumbing codes
Offering code interpretation and education
Seamlessly integrating into client organizations and consistently enforcing policies and procedures
Addressing and resolving inquiries
Maintaining records and files
Providing all vehicles, fuel, maintenance and other equipment necessary for inspectors to carry out duties.
C E R T I F I E D A C C E S S S P E C I A L I S T P R O G R A M S E R V I C E S CASp Plan Review Services
We understand California Building Departments are required to have CASp certified staff in place and available for technical questions and interpretations. Our CASp certified team members are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. In accordance with current regulations, CSG can provide CASp certified professionals to review plans for accessibility and to facilitate compliance with regulations.
CASp Consultation Services
To facilitate the City’s compliance with current rules and regulations, CSG will provide a CASp certified professional for technical questions and interpretations and to perform accessibility compliance inspections upon request.
CSG provides all
vehicles, fuel,
maintenance, and
other equipment
necessary for
inspectors to carry
out duties, with no
additional charges.
CSG offers virtual
inspections utilizing
Google Duo,
FaceTime, Skype, MS
Teams or other
agency-preferred
platform.
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
9 F I RE IN S PE CTI O N SE RVI CE S
CSG offers experienced, CSFM/ICC certified inspectors. Typical responsibilities include but are not limited to providing inspection services for fire and life safety systems and construction and maintaining records and files concerning fire permits and code administration documents. We offer fully integrated, multi-disciplined fire inspection services for residential, commercial, and industrial projects, and are experienced in all construction types. Our inspectors ensure compliance with applicable codes and requirements by identifying code violations, offering solutions to developers, property owners and tenants on potential risks and safety hazards, and by working as a team to correct violations. Our inspection staff easily integrates into client organizations, consistently implementing policies and procedures and remaining transparent to applicants and customers. Specific inspections include, but are not limited to:
Automatic Fire Sprinkler Systems
Engineered and Pre-engineered Fire Protection Systems (e.g., kitchen hoods, spray booths, clean agent systems)
Fire Alarm Systems
Development Improvements (e.g., fire hydrant and other types of water supply systems, fire department access, underground fire Services)
Fire Code Maintenance/Life Safety (e.g., permitted sites, public and private schools, State licensed facilities, hotels, motels and apartment complexes)
C O D E EN F O RC EM E NT
CSG maintains experienced Code Enforcement Officers who are fully trained, licensed, and certified through the California Association of Code Enforcement Officers (CACEO) and the National Environmental Health Association (NEHA) for any code enforcement or health and safety challenges presented.
Code Enforcement Supervision
CSG can provide interim staffing to augment an agency’s code enforcement personnel and day-to-day activities, ensuring, for example, that procedures are followed, caseloads are managed effectively, and that code enforcement officers work fairly and consistently with property owners and reporting parties. Our personnel are adept at serving as liaisons for Code Enforcement units when interacting with members of other departments and the general public. CSG Code Enforcement Managers are available to attend department meetings, committee meetings and City Council meetings when appropriate.. They are also available to accompany code enforcement officers, law enforcement, and other City staff as well as representatives of other agencies on field visits when needed.
In addition, CSG personnel can review existing code enforcement programs—look for efficiencies and help establish appropriate policies and procedures to facilitate the mission of the code enforcement unit.
Code Enforcement Services
CSG’s Code Enforcement Officers work to identify code violations and engage stakeholders and responsible parties to correct code violations consistent with municipal and state codes tailored to the specific needs of the agency. Examples of codes and ordinances enforced include:
Zoning codes
Building codes
Housing codes
Public nuisance codes
State health & safety codes
Property Maintenance
Special concerns such as noise abatement issues, business licensing and permits, work and safety regulations, short term rental enforcement, massage, and human trafficking, and marijuana dispensaries
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
10 Our Code Enforcement Officers have extensive experience and skills in the following key areas:
Code enforcement program review and analysis
Code enforcement inspections to encourage voluntary compliance Preparing administrative remedies including issuing notices of violations and citations Conducting administrative hearings
Preparing program documentation and staff reports as well as committee and City Council presentations
Testifying on behalf of clients in administrative hearings or criminal court License and permit application review and processing
Coordination of activities with multiple departments including Building, Planning, Community Development, Police and City Attorneys
Providing information on municipal regulations to property owners, residents, businesses, and the public, as well as for agency departments
Meeting with property owners to obtain compliance
Maintaining records of inspections using online databases such as Infor, Trakit, Accela, and Citizenserve
Writing letters and preparing reports for filing and documentation Although a majority of our results are gained by voluntary compliance, our services include a full range of code enforcement activities, including:
Enforcing administrative abatements and managing receiverships Testifying in public hearings and court proceedings on behalf of the agency Facilitating settlement agreements
Recommending changes to the code
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
11 C O M MIT ME NT TO E XC ELL ENC E
Our People
Our clients benefit from the expertise of our team members who hold a wide variety of project experiences and are motivated to achieve the highest level of technical proficiency and certification. Knowing technical excellence is vital to successful service to our clients and to meeting their jurisdictions’ level of safety and code compliance, our team members are ICC certified, include registered engineers, and possess additional required professional certifications. They routinely update their knowledge and skills through attendance of specialized training classes and continuing certification seminars in the most current building codes and standards as well as approved and modern methods, materials, tools and safety practices used in the industry. In addition, we understand that integrity, responsive customer service, and excellent communication and interpersonal skills are critical to on-the-job success, and we actively seek these qualities in our team members.
We also support our team members in their participation in and contributions to the many important associations and organizations within our industry. Many of our team members hold or have held key positions within the organizations listed below and have served as in-demand instructors and trainers.
League of California Cities
International Code Council
California Building Officials
County Building Officials Association of California
ICC Chapters of Ventura, Central Coast, Los Angeles
Basin, Orange Empire, Foothill, Coachella, Redwood
Empire, Napa-Solano, Peninsula, East Bay, Monterey,
Sacramento Valley, Yosemite, Shasta Cascade
Certified Access Specialist Institute (CASI)
California Fire Chiefs Association
Northern California Fire Prevention Officers
Southern California Fire Prevention Officers
National Fire Protection Association
California Automatic Fire Alarm Association
American Fire Sprinkler Association
National Fire Sprinkler Association
American Public Works Association
American Society of Safety Engineers (ASSE)
Institute of Transportation Engineers
Structural Engineers Association of Northern California Structural Engineers Association of Southern California American Planning Association (APA) California Chapter
Orange, Los Angeles, Northern, Sacramento Valley,
Inland Empire, and Central
American Institute of Certified Planners (AIP)
Urban Land Institute (ULI)
International City/County Management Association (ICMA)
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
12 Quality Assurance
Key to our approach to quality assurance is that it must occur throughout the entirety of the project and with the right people involved every step of the way. Our team’s unwavering integrity and commitment are combined with our internal processes and leading-edge digital technology to consistently produce quality work products and maintain highly satisfied clients. At project outset, CSG’s project manager assigns the most technically specialized team members who, through their experience and training, best understand the needs of our client. Our quality control processes include verifying procedures and code requirements, defining and applying standards used in code applications, and assessing work products to ensure that jurisdictional requirements and expectations are met.
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
13 A V A I L A B I L I T Y A N D C U S T O M E R S E R V I C E We clearly understand the importance of our role in the success of the City and commit to providing project stakeholders and City staff with the highest level of service while functioning as a seamless extension of the City. We believe effective communication, responsiveness and an intense focus on customer service are essential to developing and continuing a successful working relationship between City staff, project stakeholders and CSG’s team members.
Office Hours and Meeting Availability
Plan Review
CSG plan checkers are available for inquiries, at no additional charge, anytime during normal business hours via phone or email, Monday through Friday. Our plan checkers can typically respond to the City for all questions or requests generated during any plan review on the same day, but no later than the following day a request is received.
For the City’s convenience, we can also meet in-person with City staff and project stakeholders, or can utilize video conferencing, if convenient for the parties involved. We recognize the value of pre-design consultation with prospective applicants and are available to provide this service as well. Our designated project manager will be available in-person for consultation and meetings with a reasonable lead time.
Inspection
CSG inspectors can be ready to provide services upon request to CSG’s designated project manager. We are flexible and can alter our hours to meet the City’s needs. Evening and weekend inspections for special construction events can be accommodated with sufficient notice. CSG staff can typically respond to the City for all questions or requests generated during field inspections on the same day, but no later than the following day a request is received.
Code Enforcement
CSG Code Enforcement Officers can be ready to provide services upon request to CSG’s designated project manager.
We recognize the
value of pre-design
consultation and are
available to provide
this important
service.
CSG PROPOSAL TO THE CITY OF LODI
BUILDING INSPECTION DIVISION CONTRACT SERVICES
21 Fee Schedule
CSG’s fee schedule for proposed work is provided below. CSG will coordinate the pickup and return of all plans to CSG via CSG staff or a licensed courier service. This service is provided at no additional cost.
Plan review is based on a percentage of plan check fees and includes the initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions, and RFIs will be charged at the appropriate hourly rate below or as otherwise determined by mutual agreement with the City. RFIs for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City.
PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE
BUILDING SERVICES
Off-site Building Plan Review 70% of City’s Plan Check Fee Expedited Plan review percentage 90% of City’s Plan Check Fee Certified Building Plan Reviewer $115
Structural Plan Review (Structural Engineer) $150
Structural Plan Review (Professional Engineer) $135
Expedited Plan Review hourly 1.5 x Hourly Rate
CASp Inspector $135
CASp Consultation $135
Certified Senior Building Inspector $125
Certified Building Inspector $110
FIRE SERVICES
Fire Plan Review $130
Fire Inspection $130
Fire Protection Engineer $250
CODE ENFORCEMENT SERVICES
Code Enforcement Manager $180
Senior Code Enforcement Officer $140
Code Enforcement Officer II $130
Code Enforcement Officer I $110
All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office expenses. Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. Overtime services will be billed at 1.5x the applicable hourly rate. On July 1 of each year following the contract start date, CSG will initiate an hourly rate increase based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice. 6 SE C TI ON
EXHIBIT B
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Design Professionals- Architects/Engineers
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations , property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts , or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.
(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Cont ractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(m) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
1 AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ______________, 2022, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and BPR CONSULTING GROUP, LLC (hereinafter “CONTRACTOR”).
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Building Codes Plans Examining, Building Codes Inspection, Fire Codes Plans Examining, Fire Codes Inspection, and Code Enforcement Services (hereinafter “Project”) as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR’s contract performance period. Also, any delays due to 2 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with rev iewing agencies and make all efforts to review and return all comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR’s capabilities and on the qualifications of CONTRACTOR’s principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY’s sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR’s project staff prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and app rovals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on November 1, 20 22 and terminates upon the completion of the Scope of Services or on October 31, 2024, whichever occurs first.
3 ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond t he scope of this Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitati on, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR’s compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreeme nt.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
4 ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the en gagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement , CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney’s fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed dire ctly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence , sole negligence, or sole willful misconduct of the City of Lodi , its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
5 Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protectio n of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of t his Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnig ht delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Stephen Schwabauer
To CONTRACTOR: BPR Consulting Group, LLC
2201 Francisco Drive, Suite #140-658
El Dorado Hills, CA 95762
Attn: Ron Beehler
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the dutie s to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 6 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as “Confidential” or “Proprietary”, except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney’s Fees This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superio r Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event a ny dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney’s fees from the party who does not prevail as determined by the San Joaquin County Superior Court.
7 Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropria te fees prior to performing any work hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to thos e matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document. Should any incon sistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY’s request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR’s regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY’s use o f such documents for any purpose other than the purpose for which they were intended.
8 Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Fede ral Transit Funding Conditions, the Federal Transit Funding Conditions will control.
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be executed in one or more counterpar ts, 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 delivere d to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by electronic mail in “portable document format” (“.pd f”) 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.
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Section 4.22 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 this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the 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. lN WTNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written.
ATTEST: CITY OF LODI, a municipal corporation
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
By:
STEPHEN SCHWABAUER
City Manager
BPR CONSULTING GROUP, LLC
By:
Name: Ron Beehler
Title: Principal-in-Charge
QIAttachments:
Exhibit A - Scope of Services
ExhibitB-FeeProposal
Exhibit G - lnsurance Requirements
Exhibit D - Federal Transit Funding Conditions (if applicable) Funding Source: 27081000.72450 & 10061000.72450
(Business Unit & Account No.)
Doc lD:
CAzRev.O9.2O22.LT
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CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
SECTION 5
PROJECT UNDERSTANDING & APPROACH
Our team has a proven track record of providing efficient and predictable building department services in support of California communities and for unique and fast paced building projects. Our key objectives in providing these services in support of the City of Lodi are as follows:
To provide timely and responsive plan review services. Our w
ell qualified, locally based and professionally licensed and/or CASp and ICC Certified team of plans examiners will provide you with comprehensive, efficient, and timely building department plan review services including clear and
collaborative communication of plan review results. We will work with you to tailor our services to align with your unique and specific community needs. Our experienced and licensed team of stru ctural, mechanical, electrical and fire protection engineers will ensure an appropriate level of plan review is provided for all assigned projects.
To be responsive to your specific inspection staffing needs. As construction and development activity fluctuates within your community, we will provide qualified and certified inspection staff to support your building department and adjust our service levels as needed to maintain seamless service to your customers.
T o provide staff who have the a ppropriate experience, certifications, and knowledge. We will utilize a
ppropriately experienced, licensed, qualified, and certified staff to perform all identified services.
From our review of the RFP , we understand the City ’s Building Inspection Division is looking to partner with experienced and highly qualified professionals to provide a variety of contract services.
BPR Consulting Group is interested in providing the following Services: BUILDING CODES (A) We understand the contract for Building Codes (A) is to include Building Code Plans Examination and Building Inspection services. BPR is well qualified and exceeds the objectives and criteria outlined in the City’s RFP.
Further, we understand the following:
• BPR will provide registered Structural Engineers and qualified support staff as appropriate. • BPR staff proposed to serve the City includes multiple CASp certified professionals. • BPR plans examination staff are capable of performing all structural and non-structural reviews including building, plumbing, mechanical, electrical, energy, disabled access, green building and fire if requested.
• BPR inspectors are qualified and capable of performing all structural and non-structural building inspections including building, plumbing, mechanical, electrical, energy, disabled access, green building and fire if requested.
EXHIBIT A
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
• Plan reviews will be completed within the City’s proposed turn-around times of 10 working days for residential and small miscellaneous projects first reviews and 5 working days for any sequential reviews. First reviews will be completed in 15 working days for non-residential projects and 10 working days for sequential reviews.
• BPR possesses and will maintain the required insurance requirements as defined in Exhibit C and illustrated in Section 5 of this proposal.
The team specifically selected to serve the City of Lodi has experience with the processes, procedures, ordinances and p ermitting services necessary to provide the requested services fully and efficiently. As our proposal will demonstrate, we have selected a team of staff that possess a high level of experience ; we offer a competitive fee proposal ; and have the available st affing to meet the requested turn-around times.
On the following pages you will find the detailed scope of services we are prepared to provide to the City of Lodi.
TECHNICAL PLANS EXAMINATION CAPABILITIES
BPR’s staff possesses significant technical capabilities in all areas of plans examination competency gained from years of experience providing these same services. All plans examiners are California Licensed Engineers or ICC Certified Plans Examiners with multiple years of experience providing plan review services. Our staff will conduct accelerated or project-specific, phased, plan reviews on an as -needed basis as requested by the City of Lodi.
Our plans examiners have a thorough understanding of code requirements, are able to read, understand and interpret construction documents, energy calculations, geotechnical reports, structural calculations, electrical load calculations, commissioning reports, and other associated design documents. Our plans examination staff have the ability to prepare well -written plan review letters, communicate effectively orally and in writing and work effectively with jurisdiction staff, project design teams, contractors and permit applicants. Our plans examiners possess knowledge of the most current state adopted building standards.
Architectural
BPR’s non-structural plans examiners have provided plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 2, 3 and 5 medical office buildings. Our non-structural plans examiners have extensive experience verifying that established conditions of approvl items are properly integrated within project documents. Many of our plans examiner s are CASp certified.
Completed plan review projects range from single-story, residential projects to complex high-rise buildings and numerous building additions and remodels. We are experienced and familiar with the use and application of the most current editions of the following model codes:
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
California Building Standards Code
(Title 24) Parts 1 through 6 and 9
International Building Code (IBC)
Americans with Disabilities Act
Standards for Accessible Design
ANSI Standards
NFPA Codes & Standards
CA Code of Regulations (CCR) Titles 19 and 25
Jurisdiction-Adopted Amendments or Ordinances
Structural
Our structural engineers have experience designing and reviewing building projects subjected to the significant seismic loads necessitated by the geographic loca tion of the City of Lodi . Our structural engineers have reviewed all types of projects including residential, multi- family, commercial, and multi -story projects including mid-rise and high -rise projects, institutional projects, industrial projects, retail buildings, schools, medical office buildings and court facilities.
Our structural engineers have experience designing and reviewing projects constructed with all building materials including the following:
Wood
Reinforced Masonry
Heavy Timber / Timber Frame / CLT
Reinforced and Prestressed Concrete
Stressed Skin Panels
Structural Steel
Light Gauge Steel Framing
Straw Bale
Rammed Earth
Insulated Concrete Forms, (ICF)
Our engineers have designed or reviewed a wide array of structural lateral force resisting systems including:
Structural steel moment frames
Buckling-restrained braced frames
Eccentric braced frames
Concentric braced frames
Concrete moment frames
Wood shear wall systems
Masonry shear wall systems
Concrete shear wall systems
Cantilevered column systems
Pre-stressed and post-Tensioned Concrete
Various proprietary lateral force resisting
systems
Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of:
CCR Title 24, Part 2, Volumes 2 & 2.5
International Building Code (IBC)
AISC 341, 358 and 360
ASCE 7
ASCE 41
AISI Standards for Cold Formed Steel
ANSI / AF&PA NDS for wood framing
ACI 318
ACI 530 / TMS 402/602
CA Historic Building Codes
CA Existing Building Codes
NEHRP
Mechanical, Plumbing & Electrical
BPR’s Mechanical and Electrical Engineers are well versed in the California Mechanical, Plumbing and Electrical codes. We will review submitted design documents to ensure compliance to the current edition of the following codes:
California Building Code
California Residential Code
California Plumbing Code
California Mechanical Code
California Electrical Code
Jurisdiction-adopted amendments
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
Specialty plan review services may be provided utilizing the most current editions of national standards including the following:
International Building Code
International Residential Code
International Mechanical Code
International Plumbing Code
NFPA Standards 13 (automatic fire
sprinkler systems)
NFPA Standards 20 (fire pumps)
NFPA Standards 72 (fire alarms)
NFPA Standards 99 (medical gases)
NFPA 101 Life Safety Code
NEHRP Requirements for Existing Building
Energy Compliance
Our engineers and plans examiners are up to date on all California Energy Code requirements as they relate to both new and remodel construction for all project types. Our staff have experience verifying CA Energy Code requirements for projects located within all climate zones. The Energy Efficiency Standards for Residential and Non-Residential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards have been updated since that time to address a multitude of building components, systems and equipment with the goal of having new and updated buildings be more energy efficient, comfortable for building occupants, and less reliant of fossil fuels.
Green Building Standards
BPR’s staff has a working knowledge of the proper incorporation of CALGreen building criteria into project designs and the resulting potential impact of these standards related to building code compliance and the environment. Our plans examiners will review project documents to verify compliance with adopted Green Building Code Standards as required by state law a nd local amendments and ordinances.
Access Compliance & CASp Review
All BPR CASp- certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our staff are experts in the industry, maintaining appropriate certifications demonstrating their expertise, and are experienced providing services for building departments in a seamless manner balanced and in coordination with our client’s expectations and needs. We work collaboratively with our clients to address accessibility plan review and inspection related issues as efficiently as possible.
Our plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance requirements and are available for plan review and/or inspection services. We offer support to municipalities for compliance enforcement and/or developing transition plans. We can assist our clien ts in researching and providing interpretations of various specific issues related to access compliance including access compliance obligation, transition plan development, construction costs and phasing, and regulation interpretations.
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
Flood Zones
BPR’s staff of engineers and plans examiners have
experience in providing plan reviews for projects located in FEMA designated flood zones and areas prone to flooding.
BPR Consulting Group’s staff has provided numerous plan reviews for projects located in flood zones using FEMA’s Technical Bulletins as well as locally adopted ordinances.
Additionally, members of our team have participated in
state-sponsored committees to establish guideline and
building code requirements for projects planned in areas designated as flood zones.
OSHPD 2, 3 & 5
BPR Consulting Group’s staff of plans examiners and building inspectors have extensive experience providing plan review and inspection services for OSHPD 2, 3 and 5 projects. Our staff is well versed with the OSHPD 2, 3 and 5 requirements included in the California Building Code. Our inspection staff has recent experience providing inspection services for hemodialysis, outpatient surgery, hyperbolic chamber, medical clinics and acute psychiatric facilities.
LEED
If requested we have LEED certified professionals on staff. Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design methodologies, construction, operatio ns, and building maintenance. LEED certification consists of a variety of rating systems applicable to multiple building types including commercial as well as residential. Ratings reflect a measure of how well a building performs across many sustainability metrics including: energy savings, water efficiency, CO2 emissions reduction, indoor environmental quality, energy usage and the projects impact on the local environment.
Fire Code Plan Reviews
If requested we have an experienced and licensed professional Fire Protection Engineer on staff to address your fire and life safety needs. If requested, our fire safety plan review and inspection staff can quickly and accurately check plans for compliance with applicable fire codes and standards. Our fire protection staff routinely review and inspect projects for compliance with fire and life safety regulations.
Our Fire Plans Examiners and Inspectors have extensive experience in the use and application of the following model codes, standards, and regulations:
California Fire Code (CFC) and California Building Code (CBC), with local amendments and regulations. Adopted National Fire Protection Standards
California Health and Safety Code
Appropriate listings (CSFM, U.L., etc.) for common systems and materials Fire Department Standards
Municipal, State or Federal regulations enforced by local Fire Agencies NFPA Standards 13 (automatic fire sprinkler systems
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
NFPA Standards 14 (standpipes)
NFPA Standards 20 (fire pumps)
NFPA Standards 72 (fire alarms)
NFPA Standards 96 (smoke control)
NFPA 101 Life Safety Code
BPR’s staff is active with California Fire Prevention Officer’s Association, as well as local chapters of International Code Council Building Officials Organizations throughout the State of California.
Transporting Plans
For paper submittal documents, we will arrange for all pick-up and delivery of the plan review documents from your office at no additional cost. We utilize specific methods for project document pick-up and delivery with the goal of providing same-day service.
Electronic Plan Review
BPR Consulting Group maintains an efficient cloud-based, electronic-document, submittal system for receiving and sending large electronic document files. Our electronic document portal utilizes a SharePoint system to allow permit applicants and client staff the ability to upload construction documents for our plan review services. BPR Consulting Group has provided electronic plan review services, serving building departments and other public agencies with efficient electronic plan review services. We are prepared to provide electronic plan check services for your community utilizing our Bluebeam electronic plan review system, or any electronic plan review system presently used by your department.
We have had the opportunity to work with many different electronic plan review systems and our preferred system is Bluebeam, an industry-leading software used by many jurisdictions, design teams and contractors to review and annotate construction documents. We have worked with multiple clients to purchase and deploy Bluebeam software, develop jurisdiction-specific stamps, develop tools to increase efficiencies for electronic plan reviews, and participate and provide ongoing training on the use of the software.
Communicating Plan Review Results
Plan review comments, when necessary, will be type written and refer to specific details, drawing or supporting document, and reference applicable code sections. BPR will provide a clear, concise, and thorough plan review letter itemized by specific discipline such as life safety, accessibility, structural, plumbing, mechanical, etc., that can be utilized by clients, designers, contractors, and owners to understand the noted deficiencies and make necessary corrections to the project documents. At the completion of each plan review cycle, BPR Consulting Group will return a copy of the plan review comment list to the designated applicant and project representative. If requested, we will coordinate plan review re- checks directly with the designated project applicant. Upon completion of the plan review process, we will return completed plan review documents, in either hard copy or electronic format as needed, bearing BPR’s plan review stamps and ready for final approval and permit issuance by the City.
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
Standard Plan Review Completion Timeframes
We complete all plan reviews within the timeframes shown below for both commercial and residential projects as our standard business practice. We will accommodate any turnaround schedule agreed to with our clients.
We can provide expedited plan review services when requested.
On-Site Consultant Services & Meeting Attendance
Our plan review staff is available for pre -construction or pre -design meetings, field visits, contacts with the design team, and support for field inspection personnel as needed. We understand, fully grasp, and utilize the efficiency afforded by the many e lectronic meeting platforms that have become available in recent years. We find electronic meeting platforms such as Microsoft Teams, Zoom, and others allow for efficient and constructive communication between parties located throughout the United States and are an efficient tool for resolution of challenging issues both during plan review and field inspections. Our staff is available to meet with the City, project applicants and their design teams either in person or via electronic platform to resolve plan review issues efficiently and collaboratively.
Customer Service | Responsiveness
BPR’s staff is always available and willing to discuss plan review issues for projects that we have reviewed with Building Division staff, applicants, designers and contractors via in-person or electronic meetings, telephone, or e -mail as required to resolve plan review related issues. We maintain Microsoft Teams, Zoom and GoToMeeting accounts to foster efficient communication with project proponents regardless of their physic al location. Voice mails and e-mails will be responded to the same day they are received, if possible, always within 24 hours.
BPR’s staff when not available immediately, will respond within one business day to questions from the Building Official or inspection staff which may be generated during field inspections of projects which were reviewed by BPR staff.
Project Type
Maximum Turn Around Time
(Business Days)
Initial Submittal Backcheck Reviews
Residential (Single Family)
New Construction 10 5
Addition 10 5
Remodel 10 5
Non-Residential
New Construction 10 5
Addition 10 5
Remodel, Tenant Improvement 10 5
Large, Complex Commercial or
Residential Multi-Family Projects 15 10
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
BUILDING INSPECTION SERVICES
BPR maintains the staffing and ability to provide
experienced and qualified building inspectors who
are appropriately ICC -certified to provide the
requested inspection services.
Our inspection staff will perform inspection services
to verify that the work of construction is in
conformance with approved project plans as well as
identifying issues of non-compliance with applicable
building codes. Our field inspection services will
include inspect ion of all portions of projects
including project sites as applicable. Our building
inspectors will write legible and understandable
correction notices, field reports and will be available to answer in -person, emailed, or telephone inquiries. All inspection personnel assigned will be ICC and/or CASp certified as required.
We understand that many municipalities have amended code sections, policies and ordinances that impact the work that is inspected and shown on approved project plans. Our inspection staff will familiarize themselves with local requirements to ensure that the projects we are inspecting are compliant with local and current code requirements. Specifically, our inspectors will ensure compliance with the applicable provisions of the Title 24 California Building Standards Code, Parts 1 through 12, covering structural, fire prevention, life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historical buildings.
BPR’s ICC/CASp certified inspectors have performed building inspection services on a wide variety of construction projects including master planned developments, single -family production , custom homes, commercial, manufacturing, institutional, assembly, essential service, industrial projects and historical designated buildings. When necessary for large or fast -paced projects, multiple inspectors can be made available. BPR’s inspectors will inspect projects to verify conformance with approved project drawings and specifications which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for size, setbacks, heights and other applicable requirements. At the completion of inspections, BPR’s inspectors will update database information and complete necessary forms and documents as required to provide seamless service. BPR will provide building and fire safety field inspectors as soon as possible after receiving the request for inspection staff from the City of Lodi . We understand the City reserves the right to accept proposed inspection staff.
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
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Inspector Qualifications & Certifications
BPR will work with the City of Lodi to select appropriately qualified inspectors with applicable experience and specific code knowledge based on the types of projects assigned for inspection . All BPR inspectors are ICC- certified, with many maintaining CASp certif ication. In addition, BPR employs OSHPD certi fied inspectors available for inspection of OSHPD designated facilities. Qualified inspectors having experience with inspection of new, existing and historical buildings/sites, building code enforcement, and building inspections for projects with steep slope grading requirements, will be assigned as appropriate.
Inspection personnel will have the ability to read, understand and interpret construction plans, truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, permit applicants, homeowners and agency staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building and fire standards. Our inspectors are familiar with most of the common scheduling and tracking systems utilized by building departments and can quickly adapt to your systems and requirements.
CITY OF LODI | BUILDING INSPECTION DIVISION CONTRACT SERVICES A: BUILDING PLAN REVIEW & BUILDING INSPECTION
BPR
SECTION 6
PROPOSED FEE STRUCTURE
PLAN REVIEW SERVICES: For complete plan review services for building projects reviewed in either hard copy of electronic format we propose a fee equal to 68% of the plan review fees based on the City‘s adopted fee schedule. Plan review services will include an initial first review and two back check reviews of the plans. Any additional plan review services required beyond the third review will be billed at our hourly rates listed within the Schedule of Hourly Billing Rates. Expedited plan checks will be billed at 145% of the standard rate.
For review of revisions to approved plans, review of deferred submittal items and similar reviews we propose to provide these services on an hourly basis using the rates listed in our Schedule of Hourly Billing Rates. For partial reviews such as foundation only, structural only, life safety only, preliminary reviews, fire reviews or others, we propose to negotiate a mutually agreeable fixed fee based on the specific services requested or provide services on an ho urly basis using the rates listed in our Schedule of Hourly Billing Rates. There is no charge for shipping, supplies, or material costs.
INSPECTION SERVICES: Inspection services, when requested, can be provided at the hourly rates listed in our Schedule of Hourly Billing Rates. There will be a minimum 8- hour daily inspection charge for all on call inspection services.
SCHEDULE OF HOURLY BILLING RATES
The rates displayed in the schedule below reflect BPR’s current hourly billing rates.
CLASSIFICATION HOURLY BILLING RATE
Licensed Plan Review Engineer (structural, civil, electrical, mechanical) ..................................... $135 ICC Certified Plans Examiner ............................................................................................................. 110 CASp Plans Examiner or Inspector .................................................................................................... 120 ICC Certified Inspector* ............................................................................................................ 95 to 115 Fire Protection Engineer .................................................................................................................... 135 ICC Fire Plans Examiner ..................................................................................................................... 110 ICC Fire Inspector ............................................................................................................................... 115 Permit Technician* ..................................................................................................................... 65 to 75 Permit Technician Trainee/ Building Department Support Staff ....................................................... 50 *Range based on qualifications and number of certifications held Shipping: There is no charge for courier or shipping services for plan reviews conducted off site. Overtime: Inspection services and other hourly services provided in excess of eight hours per day, nights, and weekends will be charged at 140% of the billing rates indicated above. Expedited Plan Reviews: Expedited plan reviews can be provided upon request. Fees for expedited plan review services will be 145% of the above noted hourly rates. Mileage: Vehicle mileage utilized in the performance of inspection services will be billed at th e c
urrent IRS vehicle mileage rate.
Minimum Daily Charge : There will be a minimum 8 -hour daily charge for all on -call plan review and/or inspection services provided within City offices.
EXHIBIT B
EXHIBIT C
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Design Professionals- Architects/Engineers
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations , property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts , or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used
(b) Primary and Non-Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring.
(d) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor’s insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City’s notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City’s right to exercise after the effective date.
(i) Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Cont ractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials , employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(l) Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
(m) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least “A-, VI” by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH 4 LEAF, INC., OF PLEASANTON; INTERWEST CONSULTING GROUP, INC., OF ROSEVILLE; BUREAU VERITAS NORTH AMERICA, INC., OF SACRAMENTO; BPR CONSULTING GROUP, LLC, OF EL DORADO HILLS; AND CSG CONSULTANTS, INC., OF SACRAMENTO, FOR BUILDING CODES PLANS
EXAMINING, BUILDING CODES INSPECTION, FIRE CODES PLANS EXAMINING,
FIRE CODES INSPECTION, AND CODE ENFORCEMENT SERVICES
========================================================================
WHEREAS, in August 2022, staff requested written quotes from five companies that can provide the required services for building codes plans examining, building codes inspection, fire codes plans examining, fire codes inspection, and code enforcement services. All five submitted the required documentation; and
WHEREAS, the Building and Safety Division relies on outside consultants to provide professional building industry services on an as -needed basis, and there is a need for multiple contracts to ensure availability . S taff has been operating with contracts that will terminate on October 31, 2022; and
WHEREAS, execution of the agreements does not obligate the C ity to use the services, but offers the flexibility in providing the best service to the public.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute two- year Professional Services Agreement s with two optional two-year extensions with 4 Leaf, Inc., of Pleasanton, California; Interwest Consulting Group, Inc. , of Roseville, California ; Bureau Veritas North America , Inc. , of Sacramento, California; BPR Consulting Group, LLC , of El Dorado Hills, California ; and CSG Consultants , Inc., of Sacramento, California, for building codes plans examining, building codes inspection, fire codes plans examining, fire codes inspection, and code enforcement services, in an amount not to exceed $1,200,000 over the possible six-year term; 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 19, 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 19, 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: Adopt Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Tree Lodi for Electric Utility Pilot Shade Tree Program for Fiscal Year 2023 (71,500).
M
EETING DATE: October 19, 2022
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt resolution authorizing the City Manager to execute Amendment No. 1 to the professional services agreement with Tree Lodi for Electric Utility Pilot Shade Tree Program for Fiscal Year 2023 (71,500).
B
ACKGROUND INFORMATION: On June 2, 2021, by Resolution No. 2021 -150, the Lodi City Council authorized the City Manager to contract with Tree Lodi for the implementation of a two-year Shade Tree Pilot Program and authorized the expenditure of $71,500 for the first year of implementation.
O
n August 3, 2022, by Resolution No. 2022-197, the Lodi City Council authorized the second year of funding of the Shade Tree Pilot Program in an amount not to exceed $71,500 through June 30, 2023. However, Resolution 2022-197 inadvertently omitted language to specifically amend the existing two-year agreement to include the additional funding so that the total paid under the full agreement term would equal $143,000.
F
ISCAL IMPACT: The second year of funding is in the amount of $71,500. The total funding for the agreement Term equals $143,000.
F
UNDING AVAILABLE: Funding for the second year of implementation is available in the FY 23 public benefits budget in account 50465100.72920.
_______________________________________
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. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH TREE LODI FOR ELECTRIC UTILITY PILOT SHADE TREE PROGRAM FOR FISCAL YEAR 2023
========================================================================
WHEREAS, Tree Lodi, a California non- profit corporation, is a long -standing partner to the City of Lodi, dedicated to building and sustaining healthy communities through planting trees and tree education. The Shade Tree Pilot Program provides Lodi homeowners with shade trees as a mechanism to achieve energy efficiency and reduce their carbon footprint; and
WHEREAS, on June 2, 2021, by Resolution No. 2021- 150, City Council authorized the City Manager to contract with Tree Lodi for the implementation of a two -year Shade Tree Pilot Program and authorized the expenditure of $71,500 for the first year of implementation, and Tree Lodi successfully completed the first year of the program in late spring 2022; and
WHEREAS, on August 3, 2022, by Resolution No. 2022- 197, City Council authorized the second year of funding of the Shade Tree Pilot Program in an amount not to exceed $71,500 through June 30, 2023; and
WHEREAS, Resolution 2022- 197 inadvertently omitted language to amend the existing two-year agreement to include the additional funding so that the total paid under the full Agreement term would equal $143,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Tree Lodi to include the second year of funding of the Shade Tree Pilot Program in an amount not to exceed $71,500 so that the total paid under the full Agr eement term will equal $143,000; 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 19, 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 19, 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-17
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Waiving the Bid Process and Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with NJ Associates, Inc., of Lodi, and Extending Term to December 31, 2023 , for Access Center Design Development, Civil Engineering, Construction Documents, Bid Documents, and Construction Administration in an Amount Not to Exceed $630,000
MEETING DATE: October 19, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt resolution waiving the bid process and authorizing the City Manager to execute amendment No.1 to the Professional Services Agreement with NJ Associates , Inc., of Lodi, and extending term to December 31, 2023 for Access Center
design development, civil engineering construction documents, bid documents, and construction administration in an amount not to exceed $630,000.
BACKGROUND INFORMATION: On October 6, 2021 City Council approved the location of the Lodi Access Center and Emergency Shelter (Access Center).
To complete the project, architectural design services are needed.
On December 01, 2021, City Council authorized the City Manager to e nter into a professional services agreement of NJ Associates, Inc. (NJA) for related architectural design services for an amount not to exceed $125,000. Community Development Department (CDD) is now at a pivotal juncture of the development of the Access Ce nter that further services are needed such as construction/bid documents, and construction administration. Due to various grant resources being utilized for the development of the Access Center, CDD has to meet tight expenditure deadlines for the use of the grant funds, which means schedule is crucial. As NJA has been working with CDD on the Access Center project since its inception, they are uniquely qualified to provide the necessary services and work product that meets our needs within the timelines provided.
Staff recommends that the City Council adopt a resolution waiving the bid process and authorizing the City Manager to execute amendment No.1 to the Professional Services Agreement with NJ Associates, Inc., of Lodi, and extend term to December 31, 2 023 for Access Center design development, civil engineering, construction documents, bid documents, and construction administration in an amount not to exceed $630,000.
Total contract not to exceed amount will be $755,000.
Adopt Reso for NJA PSA Amendment No.1
October 19, 2022
FISCAL IMPACT: It is anticipated costs for this project will be funded from the County and SJCoC Awarded Homeless Housing, Assistance and Prevention (HHAP) grant funds and San Joaquin County Capital Outlay funds designated to the Access Center. T here is no impact to the Cit y’s General Fund.
FUNDING AVAILABLE: ARPA-22001.Contracts.HHAP2 ($414,042) ARPA-22001.Contracts.County ($215,958)
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_____________________________________
John R. Della Monica, Jr.
Community Development Director
Attachments: Amendment No. 1 to NJ Associates, Inc. Professional Services Agreement
ACCESS
CENTER CD
SERVICES AGREEMENT
2 DATE September 19th, 2022
CLIENT John Della Monica
City of Lodi
221 W Pine Street
Lodi CA 95240
PROJECT Lodi Access Center
LOCATION 710 N Sacramento Street
Lodi CA 95240
SERVICE NJ Associates, Inc. DBA (NJA & NJA Architecture) PROVIDER Licensed Architect John Vierra (License No. C35199) Licensed Architect Nick Seward (License No. C38947)
1.1 PROJECT SCOPE
• Proposed Shelter & Access Center - Approximately 20,926 SF (Existing Building) • Congregate Housing- with support restrooms and medical sleeping area • Dining & Common Room
• Tote Storage & Service Area (including Laundry)
• Warming Kitchen
• Resource Center
• Admin & Access Center
• Public Lobby
• Security Check-In & (2) Restrooms
• Covered locker & charging area
• Covered Outdoor Dining Area
• Secured Courtyard - 5,000 SF
• Secured On-site Parking
• Future Training Facility Pad (future phase, not part of this scope)
1.2 DESIGN DEVELOPMENT
• Client meeting(s) to review and discuss design
• Refine site plan showing public path of travel and total parking requirements • Develop floor plan in accordance with the necessary code requirements • Develop exterior elevations
01 ARCHITECTURAL SERVICES
3 • Coordination with the following design consultants - civil, landscape, structural, mechanical, plumbing and electrical
• (2) revisions are factored into this phase
• Cost Estimate breakdown
1.3 CONSTRUCTION DOCUMENTS
• Client Meeting(s) to review Construction Documents
• Cover sheet with project information, building code analysis, vicinity Map & general notes • Civil Engineering
• On-Site
• Phase 1
1. Construction Notes & Details referring to City of Lodi standards
2. Topographic Survey & Demolition Plan
3. Striping, Signage, & Horizontal Control Plan
4. Grading (complete site), drainage, pavement and concrete curb design
5. Sanitary Sewer Conveyance
6. Domestic Water / Fire Water
7. Stormwater Conveyance
8. Erosion Control Plan
• Prepare specifications, details, and cost estimates for all of the above. • Identify stormwater quality BMP’s and coordinate details with project team • Meet with design team as needed in Lodi or via Internet/conference calls • Process plans through City of Lodi for approval
• One site visit to meet with city staff to discuss any outstanding issues, concerns, etc. for plan approval
• Storm Water Pollution Prevention Plan (SWPPP)
• Prepare SWPPP to meet NPDES General Permit No. 2009-0009-DWQ. • Prepare Permit Registration Documents (PRD’s)
• Assist LRP in uploading PRD’s to SMARTS website
• Assist LRP in electronic submittal of Annual Report
• Assist LRP in preparing Notice of Termination (NOT)
• Post-Construction Storm Water Plan
• Prepare Post-Construction SWP to City Standards
• Process through city for approval
• Project Approval Coordination
• Address plan check comments beyond 3rd Submittal
• Prepare Estimate for Bonding Purposes
• Facilitate plan submittals for permitting purposes
01 ARCHITECTURAL SERVICES
4 • Landscape Plans
• Architectural Plans
• Site plan showing public path of travel and parking requirements • Floor plan and general notes
• Reflected ceiling plan
• Roof plan and general notes
• Exterior elevations with material keynotes
• Building sections and wall sections as required
• Enlarged restroom plans and interior elevations as required • Door and window/storefront schedules
• Architectural design details as required
• Interior finish schedules as required
• Finish floor & ceiling plans
• Finish schedules and materials
• Life safety plan with occupancy load analysis and plumbing fixture count • Accessibility standards & details
• Mechanical Engineering
• Plumbing Engineering
• Electrical Engineering
• Title 24 energy calculations
• Structural Engineering
• Plan check revisions as necessary to secure permit approval • Cost Estimate Breakdown
1.4 BID DOCUMENTS
• Bidding Requirements
• Contract Forms
• Conditions of Contract
• Specifications
• Drawings
• Addendum
• Contract Modifications
• Cost Estimate Report
1.5 CONSTRUCTION ADMINISTRATION
• RFI’s
• Submittal review
01 ARCHITECTURAL SERVICES
5 • Review shop drawings
• Site visits
1.5 ARCHITECTURAL SERVICES NOT PROVIDED
• Changes in the project’s program defined in 1.1 Project Scope • Fire sprinkler plan / fire alarm (to be provided by design-build subcontractor during construction)
• Building Commissioning
• Geotechnical or any Survey (if required)
• Hazardous material reports and abatement if necessary • Joint trench design
• Solar design and engineering
• Any governmental fees required by this work
• NJA cannot assume responsibility for construction means, methods, techniques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, subcontractors, or others. 6 CONTRACT SERVICES PROVIDED
CIVIL ENGINEERING $37,600
LANDSCAPE $12,600
ARCHITECTURE
DESIGN DEVELOPMENT FEE $80,000
CONSTRUCTION DOCUMENTS FEE $110,000
BID DOCS & BID NEGOTIATION $26,000
STRUCTURAL ENGINEERING $38,000
MECHANICAL/PLUMBING ENGINEERING $58,000
ELECTRICAL ENGINEERING $26,500
FF&E DRAWINGS/SPEC/KITCHEN CONSULTANT $14,000
INTERIORS $15,250
COST ESTIMATING CONSULTANT $17,000
REIMBURSEMENT EXPENSES $3,000
TOTAL FOR ABOVE SERVICES $437,950
CONSTRUCTION ADMINISTRATION T&M $189,500 (ALLOWANCE)
2.1 COST BREAKDOWN
02 FEE SCHEDULE
7 2.2 ADDITIONAL SERVICES
At the request of Client, NJA shall provide additional services not included in the Architectural Services specified above. Additional services shall be provided on an hourly basis in accordance with the following hourly rate, and shall be billed on a monthly basis:
Architectural
Principal $195/hour
Project Architect/Manager $175/hour
Project Designer $150/hour
Draftsperson $125/hour
Admin Staff $80/hour
Landscape
Principal Landscape Architect $160/hour
Project Manager Landscape Architect $ 120/hour
Project Manager $95/hour
Senior Drafter $75/hour
Junior Drafter $65/hour
Intern $45 /hour
Clerical $65 /hour
Electrical
Principal $200 /hour
Senior Engineer $185/hour
Senior Project Manager $170/hour
Project Engineer $150/hour
Structural
Senior Structural $225/hour
Project Manager $185/hour
Mechanical/Plumbing
Principal $230 /hour
Senior Engineer $200/hour
Senior Project Manager $170/hour
Project Engineer $150/hour
Designer $125 /hour
02 FEE SCHEDULE
8 Civil Engineering
Engineering:
PRINCIPAL ............................................................................................................................ $ 225.00 CIVIL ENGINEER ............................................................................................................. $ 180.00 PROJECT MANAGER ................................................................................................... $ 165.00 DESIGNER ........................................................................................................................... $ 140.00 CAD TECHNICIAN ......................................................................................................... $ 115.00 COURT TESTIMONY .................................................................................................... $ 300.00 Administration:
CLERICAL ............................................................................................................................... $ 60.00 ADMINISTRATIVE ASSISTANT ............................................................................ $ 75.00 Construction Management:
CONSTRUCTION MANAGER ................................................................................ $ 165.00 CONSTRUCTION INSPECTOR ............................................................................ $ 130.00 QUALIFIED SWPPP DEVELOPER (QSD) .................................................... $150.00 QUALIFIED SWPPP PRACTITIONER (QSP) ............................................. $110.00 Surveying:
OFFICE SURVEYOR ...................................................................................................... $ 180.00 ASSISTANT OFFICE SURVEYOR ....................................................................... $ 130.00 ONE-PERSON SURVEY CREW ........................................................................... $ 200.00 TWO-PERSON SURVEY CREW .......................................................................... $ 300.00 THREE-PERSON SURVEY CREW ..................................................................... $ 380.00 COURT TESTIMONY .................................................................................................... $ 300.00 Reimbursable Expenses: Reimbursable expenses
Note - Amendments to Article 2.3 Payment Schedule will be updated at the time of approved additional services if any.
9 2.3 PAYMENT SCHEDULE
$20,000 initial deposit must be received by NJA prior to starting Architectural Services Remaining balance will be invoiced monthly on progress to date Final drawings will be issued to Client upon receipt of payment of remaining balance
2.4 REIMBURSABLE EXPENSES
Printing will be treated as a reimbursable expense on a per sheet basis noted below. Allowance for this project is not to exceed $3,000 in printing cost.
24 x 36 Black & White $4.00 ea.
8.5 x 11 Color $0.50 ea.
8.5 x 11 Black & White $0.25 ea.
12 x 18 Color $1.50 ea.
12 x 18 Black & White $1.00 ea.
11 x 17 Color $1.00 ea.
11 x 17 Black & White $0.75 ea.
Client Meetings - A total of (10) client meeting(s) (and/or site visits) are included in the flat fee.
Any meeting or site visit exceeding the amount specified will be billed a minimum of 1 hour at the hourly rate as specified in Article 2.2.
Any invoice amounts disputed in good faith by Client and the reasons therefore will be reported to NJA within five (5) calendar days after receipt of the applicable invoice, and Client and NJA agree to work diligently to resolve the dispute within ten (10) calendar days of NJA’s receipt of the notice of dispute from Client.
Payments are due and payable within (30) calendar days of Client’s receipt of NJA’s invoice.
Undisputed amounts unpaid (30) calendar days after the invoice date shall bear interest from the date payments are due at a rate of 10% per annum (.833% per month), or the maximum amount allowed by applicable law.
02 FEE SCHEDULE
10 EXHIBIT A
NOT IN SCOPE
NOT IN SCOPE
11 EXHIBIT B
Section 1.1 Parties
THIS AGREEMENT is entered into on
AGREEMENT FOR PROFESSIONAL SERVICES
ART¡CLE 1
PARTIES AND PURPOSE
Pca.^h''t '¿3, 2021, by and between
the CITY OF LODI, a municipal corporation (hereinafter'CITY"), and NJ ASSOCIATES, lNC, a California Corporation (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Architectural Services for Access Center and Affordable Housing Projects (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as othenruise designated in the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall t
remain in contact with reviewing agencies and make all efforts to review and'return all comments.
Section 2.3 Meetinqs
CONTRACTOR shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffinq
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otheruvise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change.
CONTRACïOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualificatíons, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement.
Section2.S Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on July 1, 2021 and terminates upon the completion of the Scope of Services or on December 31 ,2022, whichever occurs first.
Section 2.7 Option to Extend Term of Aqreement
At its option, City may extend the terms of this Agreement for an additional one (1) one (1)-year extension; provided, City gives Contractor no less than thirty (30) days written notice of its intent prior to expiration of the existing term. ln the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in fullforce and effect.
2 The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed two and one-half (2.5) years.
ARTICLE 3
COMPENSATION
Section3.l Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additionalwork is approved in advance and in writing by CITY.
Section 3.2 Method of Pavment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY.
Section 3.4 Auditinq
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
ln performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
ln performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 lndemnification and Responsibilitv for Damaqe CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. lf CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liabilitv
Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement.
4 Section 4.5 Responsibilitv of CITY
CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein.
Section 4.6 lnsurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assiqns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: John R. Della Monica, Jr.
To CONTRACTOR: NJ Associates, lnc.
212W Pine St, Suite 1
Lodi, CA 95240
Attn: John Vierra
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Emplovee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to 5 require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof.
Section 4.ll Termination
CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is requíred concerning whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentialitv
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent othen¡rise required by law or permitted in writing by CITY. CITY agrees to maintain confidentíality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act.
Section 4.13 Applicable Law. Jurisdiction. Severabilitv. and Attornev's Fees This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. lf any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. ln the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court.
Section 4.14 Citv Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder.
6 Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.
Section 4.16 lnteqration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severabilitv
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended.
Section 4.20 Authoritv
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
Section 4.21 Federal Transit Fundinq Conditions
n lf the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. ln the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control.
7 Section 4.22 Counterparts and Electronic Sisnatures
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 partiés and delivered to the other parties. Each party agrees that the electroníc signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby, bearing an original manual or electronic sþnature by facsimile transmission (includíng a facsimile delivered via the lntemet), 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 sofrware wíll have the same effect as physical delivery of the paper document bearing an original signature.
lN W|TNESS WHEREOF, CITY and CONTRACTOR have erecuted this Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
R S
Clerk City Manager
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
NJ ASSOCIATES, lNC., a California Corporation
->---
Name:
Title: Architect
Attachment¡:
Exhibit A - Scope of Services
ExhibitB-FeePropocal
Exhibit G - lnsurance Requirements
Exhíbit D - Federal Transit Funding Conditions (if applicable) Funding Source: Various orant fundino
(Business Unit & Account No.)
By:
I
I
Exhibit A & B
NJ
A/
NJA
ARCHITECTURE
SERVICES ACREEMENT
ocToBER t5th,2021
LODI ACCESS CENTER
MULTI SITE STUDY
COMPANY
PREPARED BY
JOHN A VIERRA
ARCH rrEcr (C3sr99)
NICHOLAS M SEWARD
ARCH rTECT (C38947)
NJA ARCHITECTURE
212 W PINE ST, SUITE I
LODt, CA 95240
CLIE NT
PREPARED FOR
JOHN DELLA MONICA
COMMUNITY DIRECTOR
CITY OF LODI
22I W PINE STREET
LODI CA 95240
ART¡CLE I
ARCH ITECTU RAL SERVICES
NJA shall provide ARCHITECIURAL SERVICES for the t0Dl ÁCCESS CENTER project located at VARIES S,TE t0CAII0NS covering the following project requirements described ín Attícle Ll Project Scope.
I.I PROJECT SCOPE
. WASHINGTON STREET SIIE MASTER PLAN
. Graphic Site Plan
. 3d Street Scape Design
. 3d Massing Studies
. KETTLEMAN/THURMAN/CENTURY SITE MASTER PLAN
. Graphic Site Plan
. SACRAMENTO STREET
. Graphic Site Plan
. 3d Street Scape Des¡gn
. 3d Massing Studies
1.2 PRELIMINARY DESIGN DELIVERABLES
. Provide conceptual site design studies for review by Owner . Provide conceptual exterior building elevation design studies for review by owne r
. Develop conceptual site plan showing path of travel and parking requ ire me nts
. Provide conceptual renderings showing mater¡als and finishes . Our proposal includes a maximum of two (2) revisions to initial concepts . Client meeting(s) to review and discuss design
t.3 ARCHITECTURAL SERVICES SHALL NOT INCLUDE
Changes in the project's program defined in l.l Project Scope Fire sprinkler plan, fire alarms and fire suppression system Boundary Survey and Topo
Givil Engineering
Geotechnical engineering and reports
Existing Environmental Analysis - Phase I & 2 reports
Mechanical Engineer¡ng
Electrical Engi neeri ng
Plumbing Engineer
Program Requirements
Schematic Design of buildings
2 ARTICLE I
ARCH ITECTU RAL SERVICES
Construction Documents
Equipment design and layout
Buildi ng commissioning
Hazardous material reports and abatement if necessary
Prepa ri ng esti mates of construction
NJA cannot assume responsibility for construct¡on means, methods, techn¡ques, sequences or procedures, safety precautions, programs connected with the work, or for acts and omissions by the Contractor, su bcontractors. or others
3 ARlICLE 2
FEE BREAKDOWN
2II-.
ARCHITECTURAL
- tNVOtCE 20023-1
- I N VO tCE 20023-2
- INVOICE 2lOO6-t
Principal Arch¡tect
Project Arch¡tect/Ma nager
Project Designer
D ra fts pe rso n
Admin Staff
$7,soo
$s,687.sO
$s,800
TOÎAL FOR ARCHITECTURAL SERV¡CES Sro,98t.so
2 .2 PAYMENT SCHEDULE
Remaing balance will be invoiced monthly on progress to date Final drawings w¡ll be issued to Client upon receipt of payment of remaining ba la nce
2.3 ADDITIONAL SERVICES
At the r'equest of Client, NJA shall provide additional services not included in the Architectural Services specified above. Additional services shall be provided on an hourly basis in accordance with the following hourly rate, and shall be billed on a monthly basis:
$175/hou r
$165/hour
$155/hour
$135/hour
$80/hou r
Note: Amendments to Art¡cle 2.2 Payment Schedule will be updated at the time of approved addítional services if any.
4 ARTICLE 2
FEE BREAKDOWN
2.4 A,EIMBURSABLE EXÞENSES
NJA shall be compensated for rèimbursable expenses such as reproductions and postage.
24 x 36 Black & Wh¡te
8.5 x 1l Color
8.5 x 1l Black & White
12 x 18 Color
l2 x 18 Black & white
ll x 17 Color
ll x 17 Black & White
$4.oo ea.
$0.5O ea.
$o.25 ea.
$1.5O ea.
$1.00 ea.
$1.oo ea.
$o.75 ea.
Client Meetings: A total of (lO) client meeting(s) (and/or site visits) are included in the flat fee. Any meeting or site visit exceeding the amount specified will be billed a minimum of I hour at an hourly rate of $175 for each Architect and Design Principal present.
Any invoice amounts disputed in good faith by Client and the reasons therefore will be reported to NJA within five (5) calendar days after receipt of the applicable invoice, and Cl¡ent and NJA agree to work diligently to resolve the dispute within ten (lo) calendar days of NJA's receipt of the notice of dispute from Client, Payments are due and payable within (30) calendar days of client's receipt of NJA's invoice. Undisputed amounts unpaid (3O) calendar days afterthe invoice date shall bear interest from the date payments are due at a rate oî lÙyo per annum (.833% per month), or the maximum amount allowed by applicable law.
Not to exceed $125,000.00
5 EXHIBIT C
NOTE: The City of Lodi ìs now using the online insurance prcgrírm PINS Advantage. Once you have been awarded a contract you will receive an emaíl from the City's online insurance program requesting you to to¡ward the email to your i n s u ra nc e p rov ide (s) to s u b m it the req u i red i n su ta n ce doc u m e ntatio n e lectro n ic a I ly lnsurance Requirements for Desiqn Professionals- Architects/Enoineers Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): lnsurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and comoleted operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. lf a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecllocation (lSO CG 25 03 or 25 04) or the qeneral aooreoate limit shall be twice the reouired occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non- owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workerc' Compensation: as required by the State of California, with Statutory Limits, and Employe/s Liability lnsurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) lnsurance appropriates to the Consultant's profession, with limits not less than $2,000,000 per occurrence or claim.
Other lnsurance Provisions :
(a) Additional Named lnsured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operat¡ons performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1 1 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; 49] CG 20 37 if a later edition is used
(b) Primarv and Non-Contributorv lnsurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, orvolunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(c) Waiver of Subroqation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the 9[LllllE-KlQlmust be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring.
(d) Severabilitv of lnterest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Chanqe in Coveraqe Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 Wesl Pine St., Lodi, CA 95240.
Page I I of2 pages I Risk: rev. 31112018
(i)
(f) Continuitv of Coveraqe
All policies shall be in effect on or before the first day of the ïerm of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. lf Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (S) Failure to Comply
lf Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first ( 1 st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coveraoe
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date.
Self-lnsured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retent¡on. The policy language shall provide, or be endorsed to provide, that the self-insured retent¡on may be satisfied by either the named insured or City. 0) lnsurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless underthe provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (t) Claims Made Policies
lf any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. lnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. lf coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
(m) Qualifiedlnsurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, Vl" by the AM Best Ratings Guide, and which are acceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.
Page2 | of2 pages I Risk: rev.3l1l2O18
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE LODI CITY COUNCIL WAIVING THE BID PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT WITH NJ ASSOCIATES, INC., OF LODI, FOR ACCESS CENTER DESIGN DEVELOPMENT, CIVIL
ENGINEERING, CONSTRUCTION DOCUMENTS, BID DOCUMENTS, AND
CONSTRUCTION ADMINISTRATION
========================================================================
WHEREAS, the Community Development Department had a need for architectural design servi ces for special projects , including, but not limited to, the Access Center and Emergency Shelter; and
WHEREAS, NJ Associates, Inc., has been fundamental in several key projects and has been working with staff since the inception of the Access Center project; and
WHEREAS, City Council authorized t he City Manger to enter into a P rofessional Services A greement with NJ Associates, Inc. , on December 1, 2021, for an amount not to exceed $125,000; and
WHEREAS, Homeless Housing, Assistance, and Prevention and San Joaquin County Capital Outlay grant funds will be utilized to support this contract with no General Fund impact; and
WHEREAS, staff recommends that the City Council waive the bid process and authorize the City Manager to execute Amendment No. 1 to th e Professional Services Agreement with NJ Associates, Inc., of Lodi, in an amendment amount not to exceed $630,000 and total contract amount not to exceed $755,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the formal bidding procedures required under Lodi Municipal Code Section 3.20.070; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services A greement with NJ Associates, Inc., of Lodi, California, in an amount not to exceed $630,000, for Access Center design development, civil engineering, construction documents, bid documents, and construction administration, thereby extending the term to December 31, 2023; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 19, 2022
========================================================================
I hereby certi fy that Resolution No. 202 2-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 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-18
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Authorize the Purchase of a Three Year License Renewal for Rubrik Data Backup Appliance and Cloud Management from ePlus Technology, Inc., of Rocklin and Appropriate Funds ($130,000) M
EETING DATE: October 19, 2022
P
REPARED BY: Information Technology Manager
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to a uthorize the purchase of a three-year license renewal for Rubrik d ata backup appliance and cl oud management from ePlus Technology, Inc., of Rocklin and appropriate funds. ($130,000)
B
ACKGROUND INFORMATION: The City is reliant on a functioning network of backup systems to prevent the loss of City data during disaster recovery. The backup system is designed to recover from “catastrophic loss,” meaning complete destruction of an application server or data storage device due to cyber-attack or system failure. It also protects against loss of data due to hardware failures within the City’s data center. Data backups can also protect against the loss of data due to human error.
On September 4, 2019, the City Council approved the purchase of a Rubrik backup appliance from ePlus Technology. This system met requirements and functionality needed in a backup solution. Rubrik offered the most simplified interface for administration, lessening the need for in depth training on a proprietary system.
Rubrik offers a three-year subscription and support that includes a software suite that aides in cloud management for the storage of the City’s back-ups offsite in the cloud.
Staff recommends approving the three-year renewal for licensing and support for the Rubrik backup appliance.
Rubrik offers a three-year subscription and support that includes a software suite that aides in cloud management for the storage of the City’s back-ups offsite in the cloud. Staff also recommends appropriating $130,000 from 642 fund to I.T. equipment replacement fund.
F
ISCAL IMPACT: A functioning data backup system is critical to City operations. A data backup system prevents the loss of critical data used to collect income, pay debtors and operate payroll.
Without a properly operating backup system, the City would not be able to recover from a cyber-attack, hardware failure, human error or natural disaster.
FUNDING AVAILABLE: Appropriate $130,000 from 642 f und to Fiscal Year 2022- 2023 account number 64299000.77030
________________________________________
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 PURCHASE A THREE-YEAR LICENSE RENEWAL FOR
RUBRIK DATA BACKUP APPLIANCE AND CLOUD MANAGEMENT FROM
EPLUS TECHNOLOGY, INC., OF ROCKLIN; AND FURTHER
APPROPRIATING FUNDS
========================================================================
WHEREAS, the City is reliant on a functioning network of backup systems to prevent the loss of City data during disaster recovery; and
WHEREAS, on September 4, 2019, City Council approved the purchase of a Rubrik backup appliance from ePlus Technology. This system met requirements and functionality needed in a backup solution. Rubrik offers a three-year subscription and support that includes a software suite that aides in cl oud management for the storage of the City’s back -ups offsite in the cloud; and
WHEREAS, staff recommends approving the three- year renewal for licensing and support for the Rubrik backup appliance; and
WHEREAS, staff also recommends appropriating $130,000 from 642 fund to Fiscal Year 2022-2023 account number 64299000.77030.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to purchase a three -year license renewal for Rubrik data backup appliance and cloud management from ePlus Technology, Inc., of Rocklin, California, in the amount of $130,000; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby herby appropriate $130,000 as set forth above; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: October 19, 2022
========================================================================
I hereby certi fy that Resolution No. 202 2-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-______
AGENDA ITEM C-19
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\Transit\Title VI\2022 FTA Title VI Program Update\Council Items\2022 Title VI Program_Council Communication - DRAFT.docx 9/28/2022 AGENDA TITLE: Adopt Resolution Approving 2022 City of Lodi Title VI Program and Language Assistance Plan
MEETING DATE: October 19, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving City of Lodi 2022 Title VI Program and Language Assistance Plan.
BACKGROUND INFORMATION: The City of Lodi’s Title VI Program is a requirement for United States Department of Transportation (DOT) funding, including Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) funding. Section 601, under Title VI of the Civil Rights Act of 1964, states the following: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
FTA Circular 4702.1B and FHWA 23 CFR Part 200 provide recipients of FTA and FHWA federal financial assistance with guidance and instructions to carry out DOT’s Title VI regulations, 49 CFR Part 21. City of Lodi is updating its Title VI Program and Language Assistance Plan to be compliant with FTA’s requirement that programs be updated every three years.
The City’s current, approved Title VI program was adopted on November 20, 2019. This new Title VI program updates the existing plan with more current contact information, Transit-system service standards, and Census Bureau demographics data.
The Title VI Program and Language Assistance Plan will be on file in the Public Works Department and available both on the main City webpage and the Transit webpage.
Once approved by the City Council, the document will be submitted to FTA for review and final approval.
FISCAL IMPACT: Approval of the City of Lodi Title VI Program and Language Assistance Plan is required for continued FTA and FHWA funding.
FUNDING AVAILABLE: Not applicable.
________________________________________
C harles E. Swimley, Jr.
Public Works Director
Prepared by: Frank Huang, Transportation Planner
CES/FH/cd
Attachment
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING 2022
CITY OF LODI TITLE VI PROGRAM & LANGUAGE ASSISTANCE PLAN
========================================================================
WHEREAS, the City of Lodi Title VI Program and Language Assistance Plan is a requirement for Federal Transit Administration (FTA) and Federal Highway Administration (FHWA) federal financial assistance; and
WHEREAS, City of Lodi is updating its Title VI Program and Language Assistance Plan to be compliant with FTA’s requirement that Programs be updated every three years; and
WHEREAS, staff recommends that the City Council approve the updated City of Lodi Title VI Program and Language Assistance Plan.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the 2022 City of Lodi Title VI Program and Language Assistance Plan.
Dated: October 19, 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 19, 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-20
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Ratifying the U.S. Department of Justice 2022 Edward Byrne Memorial Justice Assistance Grant Application, Authorize the Chief of Police to Accept Funding, and Appropriate Funds ($18,890)
M
EETING DATE: October 19, 2022
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Adopt resolution ratifying the U.S. Department of Justice 2020 Edward Byrne Memorial Justic e Assistance grant application, authorize the Chief of Police to accept funding and appropriate funds in the amount of $18,890.
B
ACKGROUND INFORMATION: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funding for states and local governments to support a broad range of activities and equipment to prevent and control crime and improve the criminal justice system. JAG funds are allocated based on a community’s population and crime statistics, in combination with a minimum allocation to ensure that each state and county receives an appropriate share.
T
his year, the department received an allocation of $18,890. The department is requesting the approval of grant funding expenditures to procure licensing and implementation costs associated with Desk Officer Reporting System (DORS) software integration with the computer automated dispatch system, Zuercher Technologies.
DO
RS is a controlled-access, online citizen reporting system. This innovative solution is the only "off-the-shelf" system that automatically interfaces information submitted online by community members with our records management system. The system benefits for the department are:
I
mprove Response Time
Free up officers to attend to higher priority calls with an online reporting system that enables citizen involvement.
Better Allocate Resources
Re-allocate valuable officer resources toward higher priority duties. Proactively focus on crime trends.
Adopt Resolution Ratifying the U.S. Department of Justice 2022 Edward Byrne Memorial Justice Assistance Grant Application, Authorize the Chief of Police to Accept Funding, and Appropriate Funds ($18,890) October 19, 2022
Boost Community Service
Improve response times, communications and relationships with the community by enabling anyone to file a report.
Around the Clock Service
The secure online reporting system is available 24/7/365 to citizens, businesses and agency personnel.
DORS implementation pending contract approval.
FISCAL IMPACT: $18,890 in revenue and expenses be appropriated in the PD Miscellaneous Grant accounts.
FUNDING AVAILABLE: Funds in the amount of $18,890 be appropriated as follows:
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Sierra Brucia
Chief of Police
Police Other Grants 21600000 56401 18,890.00$ Revenue Special Dept Materials 21699000 72352 18,890.00$ Expense RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE
U.S. DEPARTMENT OF JUSTICE 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION; AUTHORIZING THE CHIEF OF POLICE TO ACCEPT FUNDING; AND FURTHER APPROPRIATING FUNDS
========================================================================
WHEREAS, the Lo di Police Department was allocated funding from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance in the amount of $18,890; and
WHEREAS, the department is requesting the approval of grant funding expenditures to procure licensing and implementation costs associated with Desk Officer Reporting System (DORS) software integration with the computer automated dispatch system, Zuercher Technologies; and
WHEREAS, integrating these two programs will improve the public’s accessibility to file online police reports; and
WHEREAS, the program will be purchased upon approval of the contract.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify the U.S. Department of Justice 2022 Edward Byrne Memorial Justice Assistance Grant application in the amount of $ 18,890 to procure Desk Officer Reporting System (DORS) software integration with the computer-automated dispatch system, Zuercher Technologies; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the Chief of Police to accept the funding from the Department of Justice; and
BE IT FURTHER RESOLVED that funds in the amount of $18,890 be appropriated as follows:
Dated: October 19, 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 19, 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-21
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing Additional Appropriation of Funds to Substation Intrusive Maintenance Capital Improvement Project for Fiscal Year 2023 ($322,000) MEETI
NG DATE: October 19, 2022
PREP
ARED BY: Electric Utility Director
RECOM
MENDED ACTION: Adopt a resolution authorizing the additional appropriation of funds to the Substation Intrusive Maintenance Capital Improvement Project for Fiscal Year 2023 in the amount of $322,000.
BAC
KGROUND INFORMATION: Lodi Electric Utility’s (LEU) Industrial Substation is undergoing a relay modernization for all 60kV relay devices and components. Industrial Substation’s 60kV incoming and outgoing sub-transmission lines provide power to all of Lodi.
In Apr
il 2022, City Council approved an agreement with Schweitzer Engineering Laboratories, Inc. ( SEL) to complete full relay replacement at Industrial Substation (60kV) due to protection and coordination deficiencies between PG&E and LEU, end-of-life relays, device standardization and modernization, and power transmission reliability.
LEU i
s proposing to use Substation Technicians to simultaneously replace wiring between the 60kV circuit breakers and the relay control house. Existing wiring is nearing end-of-life at 30 years or older, with issues arising during both wet and dry seasons. Upgrading the wiring will provide additional reliability, in addition to replacement of all relays.
Coord
ination between SEL and LEU staff will result in synchronized replacement of all 60kV relays and circuit breaker wiring, with commission testing to be performed once to prove out all replaced components. Delay of wiring replacement will cause reliability issues for Lodi’s sub-transmission system.
Whil
e this work will be completed in coordination with the Substation Relay Modernization Project, wire replacement work to be performed by LEU staff falls under the Substation Intrusive Maintenance Project. The current budget for this project totals $20,000. With the additional $322,000 needed for the proposed wire replacement, the revised project budget for the Substation Intrusive Maintenance Project will total $342,000 for Fiscal Year 2023.
FIS
CAL IMPACT: This portion of the project is estimated to cost $322,000.
FUNDING
AVAILABLE: Staff are requesting an appropriation of funds in the amount of $322,000 from Fund 501 to 50199000.77020 (EUCP-23001).
__________
_____________________________
Andrew Keys
Deputy City Manager/Internal Services Director
__________
______________________________
Jeff Berkheimer
Electric Utility Director
#245
District Nos: Citywide Project Length Ongoing Priority Normal Section II
Expenditure Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
Internal Staff -$ 210,000$ 10,000$ 10,000$ 10,000$ 10,000$ 250,000$ Miscellaneous -$ 132,000$ 10,000$ 10,000$ 10,000$ 10,000$ 172,000$ -$ -$
-$ -$
Total Capital Costs -$ -$ 342,000$ 20,000$ 20,000$ 20,000$ 20,000$ -$ 422,000$ Section III
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 -$ 342,000$ 20,000$ 20,000$ 20,000$ 20,000$ 422,000$ -$ -$
-$ -$
-$ -$
Total Project Financing -$ -$ 342,000$ 20,000$ 20,000$ 20,000$ 20,000$ -$ 422,000$ Funding Sources/Methods of Financing
Estimated Project Costs
Section I:Description
Capital Improvement Program - Maintenance
Provides a schedule for complete testing of two (2) substation power transformers per year for four (4) years and a year of reprieve. (With the exception of Killelea Bank #2, which can be tested or run to failure if desired.) Year five (5) of the cycle can be utilized for LTC inspections. FY 23 includes an additional $322K appropriated by Council to replace the wiring between between the 60kV i it b k d th l t l h t I d t i l S b t ti t b di t d ith th d l ti th l d k Additional Information
Provides funding for a five (5) year cycle on substation power transformer testing from an outside vendor. Provides more accurate tracking and record keeping for annual reports and maintenance records. Will provide critical information on transformer condition and lifespan for furure replacement planning. Provides for a five (5) year cycle of LTC inspections.
Justification/factor driving project
Substation maintenance including but not limited to: substation power transformer testing; DGA oil testing for power transformers and load tap changers (LTCs) and materials/equipment not covered or tracked as part of a specific project. Also provides for LTC testing in year five (5) of the cycle.
Munis Project Code:
FY 2022-2023
Maintenance Project Title: Substation Intrusive Maintenance Work EUCP-23001 RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
APPROPRIATION OF FUNDS TO SUBSTATION INTRUSIVE MAINTENANCE CAPITAL IMPROVEMENT PROJECT FOR FISCAL YEAR 2023
========================================================================
WHEREAS, Lodi Electric Utility’s (LEU) Industrial Substation is undergoing a relay modernization for all 60 kV relay devices and components; and Industrial Substation’s 60kV incoming and outgoing sub-transmission lines provide power to all of Lodi; and
WHEREAS, in April 2022, City Council approved an agreement with Schweitzer Engineering Laboratories, Inc. (SEL) to complete full relay replacement at Industrial Substation (60kV) due to protection and coordination deficiencies between PG&E and LEU, end-of-life relays, device standardization and modernization, and power transmission reliability; and
WHEREAS, LEU is proposing to use Substation Techni cians to simultaneously replace wiring between the 60kV circuit breakers and the relay control house as existing wiring is nearing end-of-life at 30 years or older, with issues arising during both wet and dry seasons; and
WHEREAS, upgrading the wiring wil l provide additional reliability, in addition to replacement of all relays; and
WHEREAS, coordination between SEL and LEU staff will result in synchronized replacement of all 60kV relays and circuit breaker wiring, with commission testing to be performed once to prove out all replaced components; and
WHEREAS, delay of wiring replacement will cause reliability issues for Lodi’s sub- transmission system; and
WHEREAS, while this work will be completed in coordination with the Substation Relay Modernization Project, wire replacement work to be performed by LEU staff falls under the Substation Intrusive Maintenance Project; and
WHEREAS, staff is recommending to appropriate funds in the amount of $322,000 from Fund 501 to Account No. 50199000.77020 for said project (EUCP-23001).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the appropriation of funds to the Substation Intrusive Maintenance Capital Improvement Project (EUCP-23001) for Fiscal Year 2023 in the amount of $322,000 as noted above for a total approved budget of $342,000.
Dated: October 19, 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 19, 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-22
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Appoint Alexander Avila to the Lodi Arts Commission and Post for Expiring Terms on the Lodi Senior Citizens Commission, the Site Plan and Architectural Review Committee, and the San Joaquin Council of Governments Citizens’ Advisory Committee M
EETING DATE: October 19, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Appoint Alexander Avila to the Lodi Arts Commission and post for expiring terms on the Lodi Senior Citizens Commission, the Site Plan and Architectural Review Committee, and the San Joaquin Council of Governments Citizens’ Advisory Committee.
B
ACKGROUND INFORMATION: The City Council directed the City Clerk to post for four vacancies on the Lodi Arts Commission on February 16, March 16, May 23, and August 4, 2022.
The Mayor reviewed the applications, conducted interviews, and recommends the City Council concur with the appointment as detailed below.
The
re is one expiring term on the Lodi Senior Citizens Commission, one expiring term on the Site Plan and Architectural Review Committee, and one expiring term on the San Joaquin Council of Governments Citizens’ Advisory Committee. Staff recommends posting for the expiring terms on the Lodi Senior Citizens Commission and the San Joaquin Council of Governments Citizens’ Advisory Committee for the period of 30 days and for the expiring term on the Lodi Senior Citizens Commission until filled.
G
overnment Code Section 54970 et seq. requires that the City Clerk post for vacancies to allow citizens interested in serving to submit an application.
APPOINTMENT:
Lodi Arts Commission
Alexander Avila Term to expire July 1, 2024
POSTINGS:
Lodi Senior Citizens Commission
Joseph Woelfel Term to expire December 31, 2022
S
ite Plan and Architectural Review Committee
Peter Rosado Term to expire January 1, 2023
Appoint Alexander Avila to the Lodi Arts Commission and Post for Expiring Terms on the Lodi Senior Citizens Commission, the Site Plan and Architectural Review Committee, and the San Joaquin Council of Governments Citizens’ Advisory Committee
October 19, 2022
Page Two
San Joaquin Council of Governments Citizens’ Advisory Committee Richard Blackston Term to expire January 1, 2023
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
AGENDA ITEM C-23
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Accept Monthly Protocol Account Report through September 30, 2022 M
EETING DATE: October 19, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Accept Monthly Protocol Account Report through September 30, 2022.
B
ACKGROUND INFORMATION: The City Council, at its meeting of July 19, 2000, adopted Resolution No. 2000-126 approving a policy relating to the City’s “Protocol Account.” As a part of this policy, it was directed that a monthly itemized report of the “Protocol Account” be provided to the City Council.
A
ttached please find the cumulative report through September 30, 2022.
FI
SCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
_
______________________________
Olivia Nashed
City Clerk
Attachment
\\cvcfilv01\administration$\Administration\CLERK\Budget\Finance\Misc\ProtocolSummary2022-23.doc Page 1
PROTOCOL ACCOUNT SUMMARY
FISCAL YEAR 2022-23
Cumulative Report through September 30, 2022
Date Vendor Description Amount Balance
Starting Bal.
$6,500.00
9/13/22 Kaylee Clayton Reimbursement for
Creamer
$11.58 $6,488.42
Total
Expenditures:
($11.58)
Ending Bal.
$6,488.42
Prepared by: PMF
AGENDA ITEM C-24
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving City of Lodi Pay Schedule Dated October 19, 2022 M
EETING DATE: October 19, 2022
P
REPARED BY: Human Resources Manager
RE
COMMENDED ACTION: Adopt resolution approving City of Lodi pay schedule dated October 19, 2022.
B
ACKGROUND INFORMATION: Public Employees’ Retirement Law (PERL) Government Code sections 20636 and 20636.1 define earnable compensation for State, School, and Public Agency members. Only compensation that meets the provisions and regulations of the PERL will be considered by CalPERS for calculating retirement benefits. Government Code section 20636 and 20636.1 require pay schedules to be publicly available. Compensation earnable is further clarified by California Code of Regulations (CCR) Section 570.5.
C
CR 570.5 specifies the required elements necessary to meet the definition of a publicly available pay schedule as follows:
1. H
as been duly approved and adopted by the employer’s governing body in accordance with r
equirements of applicable public meeting laws;
2. Identifies the position title for every employee position;
3. Shows the payrate for each identified position, which may be stated as a single amount or as multiple am
ounts within a range;
4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
6. Indicates an effective date and date of any revisions;
7. Is retained by the employer and available for public inspection for not less than five years; and
8. Does not reference another document in lieu of disclosing the payrate.
A
ll eight (8) requirements must be met in one schedule for each member’s pay, in order for CalPERS to approve the pay amount as payrate and reportable compensation earnable. If an agency cannot provide a document meeting the requirements for a publicly available pay schedule, the CalPERS Board, in its sole
discretion, may determine an amount that will be considered to be payrate. CCR 570.5 outlines the process by which CalPERS may determine a member’s payrate when there is no publicly available pay schedule.
As such, and in accordance with the above regulations, the Human Resources Manager will present, from time to time, an updated pay schedule for City Council adoption.
Staff recommends that the City Council adopt the resolution approving the attached City of Lodi salary schedule effective October 19, 2022.
FISCAL IMPACT: There is no fiscal impact
FUNDING AVAILABLE:
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 G 2000 ACCOUNT CLERK 01/10/2022 43,038.81 45,190.69 47,450.21 49,822.73 52,313.98 B 1200 ACCOUNTANT 01/10/2022 71,483.73 75,057.25 78,810.74 82,751.51 86,888.68 CMM 1540 ACCOUNTING MANANGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 B 1385 ADMINISTRATIVE ANALYST 06/02/2022 60,229.59 63,241.07 66,403.13 69,723.28 73,209.45 CMM 1571 ADMINISTRATIVE ANALYST-C 07/25/2022 65,047.96 68,300.36 71,715.38 75,301.14 79,066.21 G 2702 ADMINISTRATIVE ASSISTANT 01/10/2022 51,842.37 54,434.57 57,156.31 60,014.10 63,014.77 CGS 1970 ADMINISTRATIVE ASSISTANT-C 07/25/2022 54,952.91 57,700.64 60,585.69 63,614.95 66,795.66 G 2700 ADMINISTRATIVE CLERK 01/10/2022 38,974.19 40,922.93 42,969.12 45,117.52 47,373.40 CGS 1900 ADMINISTRATIVE CLERK - C 01/10/2022 41,325.53 43,391.81 45,561.41 47,839.49 50,231.45 G 2021 ANIMAL SERVICES SUPERVISOR 01/10/2022 50,579.05 53,108.10 55,763.47 58,551.58 61,479.20 G 2603 AQUATIC COORDINATOR 01/10/2022 51,338.86 53,905.87 56,601.17 59,431.20 62,402.69 G 2020 ASSISTANT ANIMAL SERVICES OFFICER 01/10/2022 43,982.96 46,182.06 48,491.25 50,915.82 53,461.59 CMM 1500 ASSISTANT CITY CLERK 01/10/2022 64,326.05 67,542.35 70,919.46 74,465.43 78,188.69 B 1230 ASSISTANT ENGINEER 01/10/2022 92,264.39 96,877.62 101,721.48 106,807.58 112,147.78 B 1300 ASSISTANT ENGINEER/PLANS EXAMINER 01/10/2022 85,036.28 89,288.15 93,752.55 98,440.15 103,362.03 B 1235 ASSISTANT PLANNER 01/10/2022 64,256.41 67,469.21 70,842.63 74,384.71 78,103.94 B 1240 ASSOCIATE CIVIL ENGINEER 01/10/2022 101,490.73 106,565.22 111,893.43 117,488.22 123,362.55 B 1245 ASSOCIATE PLANNER 01/10/2022 70,682.02 74,216.22 77,926.94 81,823.32 85,914.42 CMM 1575 BUDGET ANALYST 07/25/2022 76,856.96 80,699.78 84,733.94 88,972.28 93,420.12 CMM 1511 BUDGET MANAGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 G 2072 BUILDING INSPECTOR I 01/10/2022 59,861.04 62,706.83 65,842.18 69,134.39 72,591.03 G 2073 BUILDING INSPECTOR II 01/10/2022 65,692.92 68,977.52 72,426.43 76,047.83 79,850.19 M 4701 BUILDING SERVICE SUPERVISOR 01/10/2022 61,977.68 65,076.45 68,330.24 71,746.87 75,334.32 CMM 1530 BUSINESS DEVELOPENT MANAGER 01/10/2022 103,454.56 108,627.29 114,058.65 119,761.58 125,749.65 G 2075 CDD PROGRAM SPECIALIST 01/10/2022 64,787.82 68,027.21 71,428.57 75,000.00 78,750.00 B 1310 CHIEF BUILDING OFFICIAL 01/10/2022 117,972.80 123,870.39 130,064.28 136,566.56 143,395.91 CA 1002 CITY ATTORNEY 01/10/2022 215,641.69 CA 1003 CITY CLERK 01/10/2022 132,831.59 B 1250 CITY ENGINEER/DEPUTY PW DIRECTOR 01/10/2022 135,063.88 141,816.97 148,907.55 156,353.31 164,073.34 CA 1001 CITY MANAGER 01/10/2022 236,095.76 B 1306 CITY PLANNER 09/21/2022 113,479.57 119,152.54 125,110.53 131,365.15 137,934.39 A 1170 COMMUNITY DEVELOPMENT DIRECTOR 01/10/2022 162,513.81 G 2032 COMMUNITY IMPROVEMENT OFFICER I 01/10/2022 56,877.03 59,720.88 62,706.92 65,842.28 69,134.38 G 2022 COMMUNITY IMPROVEMENT OFFICER II 01/10/2022 62,564.70 65,692.92 68,977.52 72,426.43 76,047.83 S 6400 COMMUNITY SERVICE OFFICERR 07/11/2022 56,073.61 58,877.31 61,821.30 64,912.32 68,157.84 B 1255 COMPLIANCE MANAGER 07/01/2022 92,264.26 96,877.47 101,721.34 106,807.41 112,147.78 B 1260 CONSTRUCTION PROJECT MANAGER 01/10/2022 89,213.50 93,674.26 98,357.90 103,275.75 108,439.58 I 6550 CONSTRUCTION/MAINTENANCE SUPRVSR 01/10/2022 172,323.32 G 2011 CUSTOMER SERVICE REPRESENTATIVE I 01/10/2022 39,126.35 41,082.66 43,136.75 45,293.49 47,558.19 G 2012 CUSTOMER SERVICE REPRESENTATIVE II 01/10/2022 43,038.81 45,190.69 47,450.21 49,822.73 52,313.98 B 1210 CUSTOMER SERVICE SUPERVISOR 01/10/2022 66,429.06 69,750.58 73,238.11 76,900.14 80,744.97 CMM 1520 DEPUTY CITY ATTORNEY 01/10/2022 130,176.18 136,684.95 143,519.20 150,695.15 158,229.91 A 1100 DEPUTY CITY MANAGER 01/10/2022 199,717.12 B 1375 DEPUTY DIRECTOR PRCS 01/10/2022 101,288.65 106,353.08 111,670.72 117,254.26 123,116.97 FM 6120 DEPUTY FIRE CHIEF 07/11/2022 151,745.86 159,333.04 167,299.69 175,664.73 184,447.97 PM 6430 DISPATCH SUPERVISOR 07/11/2022 85,170.56 89,429.23 93,900.70 98,595.67 103,525.44 S 6410 DISPATCHER/JAILER 07/11/2022 63,810.83 67,001.30 70,351.46 73,868.97 77,562.40 I 6503 ELECTRIC APPARATUS MECHANIC 01/10/2022 91,623.48 96,208.58 101,043.54 106,082.34 111,409.48 I 6535 ELECTRIC DISTRIBUTION OP SUPERVISOR 01/10/2022 147,060.42 154,426.48 I 6531 ELECTRIC DISTRIBUTY OPERATOR I 01/10/2022 109,988.06 115,487.32 121,651.40 127,325.12 133,691.22 I 6532 ELECTRIC DISTRIBUTY OPERATOR II 01/10/2022 133,691.22 140,375.82 B 1343 ELECTRIC ENGINEER 01/10/2022 114,571.39 120,300.04 126,314.91 132,630.72 139,262.26 I 6505 ELECTRIC FOREPERSON 01/10/2022 156,653.64 I 6500 ELECTRIC GROUNDWORKER 01/10/2022 72,447.18 76,068.20 79,867.84 83,871.32 88,053.42 I 6501 ELECTRIC LINE APPRENTICE I 01/11/2022 88,217.48 92,628.12 97,259.50 102,122.54 107,228.42 I 6502 ELECTRIC LINE APPRENTICE II 01/11/2022 117,951.86 123,849.70 City of Lodi
Salary Schedule Effective October 19, 2022
Annual Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6504 ELECTRIC LINEPERSON 01/10/2022 129,723.62 136,237.66 I 6507 ELECTRIC MATERIALS TECHNICIAN 01/10/2022 82,035.20 86,135.66 90,445.16 94,966.56 99,712.34 I 6520 ELECTRIC TROUBLESHOOTER 01/10/2022 139,421.62 B 1341 ELECTRIC UTILITY BUSINESS ANALYST 01/10/2022 85,786.95 90,076.56 94,580.41 99,309.43 104,274.89 A 1103 ELECTRIC UTILITY DIRECTOR 01/10/2022 214,029.72 B 1340 ELECTRIC UTILITY RATE ANALYST 01/10/2022 89,578.98 94,059.11 98,761.50 103,699.01 108,885.05 B 1328 ELECTRIC UTILITY RESOURCE ANALYST 01/10/2022 112,768.22 118,406.60 124,326.96 130,543.29 137,070.46 B 1330 ELECTRIC UTILITY SUPERINTENDENT 01/11/2022 155,947.96 163,745.35 171,932.63 180,529.26 189,555.71 I 6554 ELECTRICAL ENGINEERING TECHNICIAN 01/10/2022 84,942.52 89,175.58 93,637.96 98,329.92 103,225.98 I 6511 ELECTRICAL TECHNICIAN 01/10/2022 122,252.52 128,363.56 134,780.62 141,518.78 148,599.88 I 6506 ELECTRICIAN 01/10/2022 104,946.48 110,216.40 G 2199 ENGINEERING AID 01/10/2022 47,374.15 49,742.86 52,230.01 54,841.49 57,583.60 G 2200 ENGINEERING TECHNICIAN I 01/10/2022 60,288.47 63,302.81 66,467.92 69,791.39 73,280.97 G 2201 ENGINEERING TECHNICIAN II 01/10/2022 66,317.30 69,633.02 73,114.72 76,770.42 80,608.94 M 4160 ENVIRONMENTAL COMPLIANCE INSP 01/10/2022 63,603.88 66,784.08 70,123.26 73,629.43 77,310.87 M 4000 EQUIPMENT SERVICE WORKER 01/10/2022 46,603.54 48,933.70 51,380.34 53,949.36 56,646.89 G 2605 EVENTS COORDINATOR 01/10/2022 61,375.95 64,444.65 67,666.84 71,050.31 74,602.91 CGS 1955 EXECUTIVE ADMINISTRATIVE ASSISTANT 01/10/2022 65,182.91 68,442.07 71,864.17 75,457.37 79,230.24 M 4055 FACILITIES MAINTENANCE WORKER 01/10/2022 51,221.27 53,782.30 56,471.46 59,295.04 62,259.76 B 1393 FACILITIES SUPERINTENDENT 01/10/2022 85,152.20 89,409.82 93,880.30 98,574.32 103,503.03 M 4050 FACILITIES SUPERVISOR 01/10/2022 64,799.24 68,039.22 71,441.13 75,013.24 78,763.82 G 2050 FIELD SERVICE REPRESENTATIVE 01/10/2022 53,207.25 55,867.64 58,661.05 61,594.14 64,673.76 G 2051 FIELD SERVICEC SUPERVISOR 01/10/2022 61,248.11 64,310.56 67,526.09 70,902.25 74,447.40 G 2014 FINANCE TECHNICIAN 01/10/2022 52,076.96 54,680.86 57,414.89 60,285.74 63,299.91 FM 6100 FIRE BATTALION CHIEF - 80 07/11/2022 126,454.97 132,777.66 139,416.53 146,387.33 153,706.73 FM 6101 FIRE BATTALION CHIEF -112 07/11/2022 126,454.97 132,777.66 139,416.53 146,387.33 153,706.73 F 6040 FIRE CAPTAIN - 112 07/11/2022 101,399.55 106,469.43 111,792.87 117,382.30 123,251.68 F 6041 FIRE CAPTAIN - 80 07/11/2022 101,399.55 106,469.43 111,792.87 117,382.30 123,251.68 F 6042 FIRE CAPTAIN - ACTING 07/11/2022 98,446.16 103,368.41 108,536.69 113,963.53 119,661.73 A 1102 FIRE CHIEF 07/12/2021 188,680.92 F 6021 FIRE ENGINEER - 112 07/11/2022 87,592.76 91,972.35 96,571.01 101,399.55 106,469.43 F 6020 FIRE ENGINEER - 80 07/11/2022 87,592.76 91,972.35 96,571.01 101,399.55 106,469.43 F 6000 FIREFIGHTER I - 112 07/11/2022 68,631.11 F 6002 FIREFIGHTER II - 112 07/11/2022 75,665.31 79,448.52 83,420.79 87,591.95 91,971.38 F 6003 FIREFIGHTER II - 80 07/11/2022 75,665.31 79,448.52 83,420.79 87,591.95 91,971.38 F 6001 FIREFIGTHER I - 80 07/11/2022 68,631.11 B 1395 FLEET SUPERINTENDENT 01/10/2022 79,055.91 83,008.68 87,159.18 91,517.15 96,092.90 M 4020 HEAVY EQUIPMENT MECHANIC 01/10/2022 55,930.09 58,726.64 61,662.89 64,746.03 67,983.41 CMM 1550 HUMAN RESOURCES MANAGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 CGS 1930 HUMAN RESOURCES TECHNICIAN 07/25/2022 55,201.58 57,961.71 60,859.78 63,902.88 67,097.90 G 2400 INFORMATION SYSTEMS SPECIALIST 01/10/2022 59,147.70 62,105.23 65,214.47 68,470.83 71,894.38 B 1226 INFORMATION TECHNOLOGY MANAGER 01/10/2022 122,547.60 128,674.96 135,108.77 141,864.21 148,957.41 G 2203 JUNIOR ENGINEER 01/10/2022 78,784.84 82,724.12 86,860.23 91,203.26 95,763.42 G 2208 JUNIOR PLANNER 01/10/2022 59,532.62 62,509.15 65,634.62 68,916.35 72,362.20 G 2071 JUNIOR PLANS EXAMINER/ENGINEER 01/10/2022 65,692.92 68,977.52 72,426.43 76,047.83 79,850.19 G 2210 JUNIOR TRANSPORTATION PLANNER 01/10/2022 59,532.62 62,509.15 65,634.62 68,916.35 72,362.20 M 4075 LABORATORY SUPERVISOR 01/10/2022 76,809.50 80,649.98 84,682.45 88,916.57 93,362.41 M 4070 LABORATORY TECHNICIAN I 01/10/2022 50,661.68 53,194.86 55,854.65 58,647.39 61,579.63 M 4071 LABORATORY TECHNICIAN II 01/10/2022 55,723.53 58,509.69 61,435.20 64,507.01 67,732.26 S 6420 LEAD DISPATCHER/JAILER 07/11/2022 67,670.85 71,054.34 74,607.03 78,337.40 82,254.17 I 6508 LEAD ELECTRICIAN 01/10/2022 121,238.53 M 4010 LEAD EQUIPMENT MECHANIC 01/10/2022 61,523.07 64,599.28 67,829.17 71,220.64 74,781.71 B 1351 LIBRARIAN 01/10/2022 67,316.17 70,682.02 74,216.04 77,926.94 81,823.16 G 2500 LIBRARY ASSISTANT 01/10/2022 40,923.06 42,969.12 45,117.66 47,373.54 49,742.09 A 1105 LIBRARY DIRECTOR 01/10/2022 143,136.96 G 2510 LIBRARY TECHNICNICIAN 01/10/2022 51,767.46 54,355.81 57,073.63 59,927.32 62,923.65 B 1357 LITRACY/PROGRAM MANAGER 01/10/2022 64,583.91 67,813.10 71,203.79 74,763.96 78,502.14 M 4080 MAINTENANCE WORKER I 01/10/2022 44,359.74 46,578.85 48,907.02 51,352.15 53,922.09 M 4081 MAINTENANCE WORKER II 01/10/2022 48,787.56 51,227.02 53,788.37 56,477.78 59,301.63 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 B 1380 MANAGEMENT ANALYST 01/10/2022 71,163.85 74,722.02 78,457.35 82,381.74 86,500.11 CMM 1570 MANAGEMENT ANALYST-C 07/25/2022 76,856.96 80,699.78 84,733.94 88,972.28 93,420.12 B 1320 MANAGER ENGINEERING & OPERATIONS 01/10/2022 155,408.69 163,179.12 171,338.09 179,904.99 188,900.23 I 6540 METERING TECHNICIAN 01/10/2022 119,707.38 B 1315 NEIGHBORHOOD SERVICESS MANAGER 01/10/2022 102,613.18 107,742.46 113,130.37 118,786.76 124,726.24 B 1220 NETWORK ADMINISTRATOR 01/10/2022 96,778.30 101,617.06 106,698.48 112,033.41 117,635.13 G 2401 NETWORK TECHNICIAN 01/10/2022 70,932.32 74,479.00 78,202.89 82,113.08 86,218.83 M 4710 PARK MAINTENANCE WORKER I 01/10/2022 42,250.08 44,362.65 46,580.70 48,909.76 51,355.21 M 4711 PARK MAINTENANCE WORKER II 01/10/2022 46,470.76 48,794.16 51,233.91 53,795.57 56,485.43 M 4712 PARK MAINTENANCE WORKER III 01/10/2022 51,119.25 53,702.97 56,358.94 59,176.95 62,135.77 M 4740 PARK SUPERVISOR 01/10/2022 64,799.24 68,039.22 71,441.13 75,013.24 78,763.82 G 2600 PARKS PROJECT COORDINATOR 01/10/2022 72,948.92 76,596.41 80,426.14 84,447.48 88,669.84 B 1360 PARKS&PROPERTY SUPERINTENDENT 01/10/2022 88,077.16 92,481.00 97,105.04 101,960.30 107,058.30 M 4030 PARTS CLERK 01/10/2022 44,389.93 46,609.38 48,939.82 51,386.94 53,956.28 G 2016 PAYROLL TECHNICIAN 01/10/2022 52,076.96 54,680.86 57,414.89 60,285.74 63,299.91 A 1106 PBULIC WORKS DIRECTOR 01/10/2022 195,098.21 G 2070 PERMIT TECHNICIAN 01/10/2022 49,236.47 51,698.88 54,283.79 56,998.08 59,847.97 M 4130 PLANT & EQUIPMENT MAIN TECH 01/10/2022 57,820.63 60,710.56 63,744.48 66,930.65 70,277.37 P 6200 POLCE OFFICER TRAINEE 07/11/2022 73,862.45 77,555.52 81,433.37 85,505.05 89,780.28 PM 6300 POLICE CAPTAIN 07/11/2022 158,189.90 166,099.22 174,404.25 183,124.36 192,280.62 A 1101 POLICE CHIEF 07/12/2021 228,247.86 P 6220 POLICE CORPORAL 07/11/2022 96,104.50 100,909.81 105,955.35 111,253.08 116,815.68 PM 6310 POLICE LIEUTENANT 07/11/2022 131,824.96 138,416.06 145,336.85 152,603.73 160,233.85 P 6210 POLICE OFFICER 07/11/2022 90,664.66 95,197.90 99,957.84 104,955.79 110,203.53 G 2024 POLICE RECORDS CLERK I 01/10/2022 38,684.50 40,618.64 42,649.65 44,782.08 47,021.28 G 2023 POLICE RECORDS CLERK II 01/10/2022 42,553.09 44,680.65 46,914.68 49,260.45 51,723.46 G 2026 POLICE RECORDS CLERK SUPERVISOR 01/10/2022 48,928.54 51,375.00 53,943.69 56,640.80 59,472.95 PM 6320 POLICE SERGEANT 07/11/2022 109,854.14 115,346.62 121,113.97 127,169.71 133,528.30 A 1104 PRCS DIRECTOR 01/10/2022 158,673.02 G 2602 PROGRAM COORDINATOR 01/10/2022 45,541.76 47,818.73 50,209.62 52,720.14 55,356.24 G 2405 PROGRAM/ANALYST 01/10/2022 68,520.72 71,848.30 75,440.72 79,212.74 83,173.38 S 6440 PROPERTY & EVIDENCE TECHNICIAN 07/11/2022 56,073.61 58,877.31 61,821.30 64,912.32 68,157.84 CMM 1580 PUBLIC INFORMATION OFFICER-C 01/10/2022 73,264.36 76,927.59 80,773.95 84,812.65 89,053.28 G 2204 PUBLIC WORKS INSPECTOR I 01/10/2022 59,720.89 62,706.83 65,842.18 69,134.39 72,591.03 G 2205 PUBLIC WORKS INSPECTOR II 01/10/2022 65,692.92 68,977.52 72,426.43 76,047.83 79,850.19 B 1390 PW MANAGEMENT ANALYST 01/10/2022 81,838.36 85,930.36 90,226.86 94,738.23 99,475.14 B 1325 RATES & RESOURCES MANAGER 01/10/2022 155,408.69 163,179.12 171,338.09 179,904.99 188,900.23 B 1365 RECREATION MANAGER 01/10/2022 66,332.58 69,649.67 73,132.90 76,789.40 80,628.41 B 1206 REVENUE MANAGER 01/10/2022 105,597.70 110,877.58 116,421.47 122,242.54 128,354.66 CGS 1935 RISK MANAGEMENT TECHNICIAN 07/25/2022 55,201.58 57,961.71 60,859.78 63,902.88 67,097.90 CMM 1560 RISK MANAGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 G 2701 SENIOR ADMINISTRATIVE CLERK 01/10/2022 42,871.64 45,015.17 47,266.03 49,629.29 52,110.81 CGS 1960 SENIOR ADMINISTRATIVE CLERK-C 04/18/2022 45,443.94 47,716.08 50,101.99 52,607.05 55,237.46 B 1270 SENIOR CIVIL ENGINEER 01/10/2022 114,510.99 120,240.06 126,251.84 132,566.68 139,188.07 G 2010 SENIOR CUSTOMER SERVICE REP 01/10/2022 45,190.75 47,450.22 49,822.72 52,313.87 54,929.68 I 6555 SENIOR ELECTRICAL ENGINEERING TECH 01/10/2022 122,638.36 I 6512 SENIOR ELECTRICAL TECHNICIAN 01/10/2022 134,725.50 141,469.90 148,529.42 155,968.54 163,756.58 G 2202 SENIOR ENGINEERING TECHNICIAN 01/10/2022 72,948.92 76,596.41 80,426.14 84,447.48 88,669.84 M 4060 SENIOR FACCILITIES MAINTENANCE WRK 01/10/2022 56,343.30 59,160.40 62,118.44 65,224.41 68,485.71 G 2505 SENIOR LIBRARY ASSISTANT 01/10/2022 45,015.17 47,266.03 49,629.29 52,110.81 54,716.24 G 2017 SENIOR PAYROLL TECHNICIAN 01/10/2022 57,284.65 60,148.95 63,156.39 66,314.31 69,629.92 G 2069 SENIOR PERMIT TECHNICIAN 01/10/2022 56,621.94 59,453.71 62,426.36 65,547.79 68,825.06 B 1305 SENIOR PLANNER 01/10/2022 86,085.91 90,390.67 94,909.37 99,655.73 104,638.26 G 2025 SENIOR POLICE ADMINISTRATIVE CLERK 01/10/2022 45,381.71 47,650.95 50,033.34 52,534.91 55,161.75 B 1335 SENIOR POWER ENGINEER 01/10/2022 126,029.75 132,331.26 138,947.74 145,895.13 153,189.94 B 1215 SENIOR PROG/ANALYST 01/10/2022 87,966.46 92,364.63 96,983.47 101,833.83 106,925.52 M 4140 SENIOR STOREKEEPER 01/10/2022 52,531.40 55,157.91 57,915.84 60,811.62 63,852.26 B 1275 SENIOR TRAFFIC ENGINEER 01/10/2022 114,510.99 120,240.06 126,251.84 132,566.68 139,188.07 B 1276 SENIOR TRANSPORTATION PLANNER 01/10/2022 86,085.91 90,390.46 94,909.97 99,655.48 104,638.26 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 M 4035 SERVICE WRITER 01/10/2022 44,389.93 46,609.38 48,939.82 51,386.94 53,956.28 M 4110 STREET MAINT SUPERVISOR 01/10/2022 68,031.10 71,432.70 75,004.35 78,754.46 82,692.26 M 4082 STREET MAINTENACE WRK I 01/10/2022 44,359.74 46,578.85 48,907.02 51,352.15 53,922.09 M 4083 STREET MAINTENACE WRK II 01/10/2022 48,787.56 51,227.02 53,788.37 56,477.78 59,301.63 M 4100 STREET MAINTENACE WRK III 01/10/2022 53,672.31 56,355.87 59,173.60 62,132.39 65,238.97 B 1284 STREET SUPERINTENDENT 03/02/2022 91,000.00 95,550.00 100,327.50 105,343.90 110,611.10 I 6565 SUBSTATION TECHNICIAN 01/10/2022 141,518.78 148,599.88 I 6560 SUBSTATION/METERERING SUPERVISOR 01/10/2022 169,102.44 B 1205 SUPERVISING ACCOUNTANT 01/10/2022 84,139.07 88,345.93 92,763.34 97,401.52 102,271.54 M 4120 TRAFFIC SIGN WORKER 01/10/2022 46,470.76 48,794.16 51,233.91 53,795.57 56,485.43 B 1295 TRASPORTATION MANAGER 01/10/2022 105,540.09 110,820.29 116,360.23 122,181.28 128,283.92 I 6521 TROUBLESHOOTING SUPVERVISOR 01/10/2022 156,653.64 B 1267 UTILITIES MANAGER 01/10/2022 129,106.27 135,561.70 142,339.80 149,456.63 156,929.58 G 2015 UTILITY BILLING SPECIALIST 01/10/2022 47,342.72 49,709.87 52,195.35 54,805.12 57,545.37 I 6530 UTILITY EQUIPMENT SPECIALIST 01/10/2022 79,681.42 83,677.62 87,872.20 92,253.20 96,876.52 B 1280 UTILITY SUPERINTENDENT 01/10/2022 117,373.90 123,242.59 129,404.79 135,875.02 142,668.78 I 6570 UTILITY WAREHOUSE SUPERVISOR 01/10/2022 90,238.72 94,749.72 99,489.78 104,463.32 109,683.60 M 4212 W/WW MAINTENANCE WORKER III 01/10/2022 53,672.31 56,355.73 59,173.76 62,132.39 65,238.97 M 4085 W/WW MW I 01/10/2022 44,359.74 46,578.85 48,907.02 51,352.15 53,922.09 M 4086 W/WW MW II 01/10/2022 48,787.56 51,227.02 53,788.37 56,477.78 59,301.63 M 4150 WASTEWATER OPERATIONS SUPERVISOR 04/18/2022 86,026.64 90,327.89 94,844.34 99,586.47 104,565.90 M 4170 WASTEWATER PLANT OPERATOR I 04/18/2022 60,693.61 63,728.35 66,914.69 70,260.44 73,773.50 M 4172 WASTEWATER PLANT OPERATOR II 04/18/2022 66,764.75 70,103.08 73,608.19 77,288.57 81,152.94 M 4173 WASTEWATER PLANT OPERATOR III 04/18/2022 73,441.41 77,113.34 80,968.94 85,017.49 89,268.30 B 1285 WASTEWATER PLANT SUPERINTENDENT 01/10/2022 110,595.64 116,125.56 121,931.48 128,028.07 134,429.45 M 4200 WATER PLANT OPERATOR II 04/18/2022 66,764.75 70,103.08 73,608.19 77,288.57 81,152.94 M 4201 WATER PLANT OPERATOR III 04/18/2022 73,441.41 77,113.34 80,968.94 85,017.49 89,268.30 B 1290 WATER PLANT SUPERINTENDENT 01/10/2022 110,595.64 116,125.56 121,931.48 128,028.07 134,429.45 G 2206 WATER SERVICE TECHNICIAN I 01/10/2022 70,824.21 74,365.42 78,083.69 81,987.81 86,087.18 G 2207 WATER SERVICE TECHNICIAN II 01/10/2022 77,906.51 81,801.80 85,891.92 90,186.58 94,695.94 M 4180 WATER/WASTEWATER SUPERVISOR 01/10/2022 73,150.60 76,810.41 80,647.61 84,682.45 88,917.42 G 2209 WATERSHED PROGRAM COORDINATOR 01/10/2022 45,541.76 47,818.73 50,209.62 52,720.14 55,356.24 M 4220 WELDER-MECHANIC 01/10/2022 55,928.70 58,727.26 61,663.95 64,746.94 67,984.02 G 2028 YOUTH OUTREACH WORKER 01/10/2022 49,742.86 52,743.22 55,901.51 59,243.96 63,402.41 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7000 PT-ACCOUNTANT 01/01/2014 39.600 PT 7045 PT-ADMIN CLERK 01/10/2022 18.738 19.675 20.658 21.691 22.776 PT 7040 PT-ADMIN SUPPRT 01/01/2022 16.000 16.000 16.000 16.800 17.640 PT 7170 PT-AQUAT FIT IN 01/01/2022 16.000 16.800 PT 7160 PT-AQUATICS CRD 01/10/2022 24.682 25.916 27.212 28.573 30.001 PT 7550 PT-ASST ANML OF 01/10/2022 21.146 22.203 23.313 24.479 25.703 PT 7310 PT-BOATOPERATOR 01/01/2022 18.000 18.900 19.845 20.837 21.879 PT 7180 PT-CASHIER 01/01/2022 15.000 15.750 PT 7725 PT-CITY CLRK-RE 02/28/2022 63.861 PT 7620 PT-CODE ENF OFF 01/01/2014 21.610 22.690 23.820 25.010 26.260 PT 7640 PT-CONSULTANT 09/26/2019 25.000 100.000 PT 7500 PT-COUNCILMEMBER 01/01/2014 396.960 PT 7590 PT-COURT LIAISON 01/01/2022 21.060 22.113 23.219 24.380 25.599 PT 7595 PT-CSO 03/11/2019 22.831 23.973 25.171 26.430 27.751 PT 7010 PT-CUSTOMER SERVICE REP 01/10/2022 18.811 19.751 20.739 21.776 22.865 PT 7720 PT-DEP CITY-RE 10/31/2019 23.380 24.550 25.780 27.060 28.420 PT 7060 PT-DOCENT COORD 01/01/2022 16.000 16.000 16.800 17.640 18.522 PT 7490 PT-DPTY WTR CON 01/01/2022 15.000 15.750 16.538 PT 7121 PT-ELEC DIS OP2 07/21/2021 61.214 64.275 PT 7100 PT-ELEC ESTIMAT 01/01/2014 62.350 PT 7090 PT-ELEC TECH 01/01/2014 57.420 PT 7250 PT-EVENT ATTEND 01/01/2022 16.000 16.800 17.640 18.522 19.448 Hourly Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7455 PT-FACILITY MW 01/10/2022 24.626 25.857 27.150 28.507 29.933 PT 7460 PT-FACILITYSUPV 01/01/2022 15.000 15.000 15.750 16.538 17.364 PT 7020 PT-FINANCE TECH 01/10/2022 25.037 26.289 27.603 28.984 30.433 PT 7115 PT-FLD SVCS REP 01/10/2022 25.580 26.860 28.202 29.613 31.093 PT 7740 PT-FLEET SUPT-R 01/10/2022 38.008 39.908 41.904 43.999 46.199 PT 7320 PT-GATE ATTEND 01/01/2022 15.000 15.750 PT 7230 PT-HOUSE MGR 01/01/2022 15.000 15.750 16.538 17.364 18.232 PT 7450 PT-HVY EQP MECH 01/10/2022 26.890 28.234 29.646 31.128 32.684 PT 7303 PT-INSTR.SWIM 01/01/2022 16.000 16.800 PT 7070 PT-INTERN 01/01/2022 15.000 18.000 21.000 25.000 30.000 PT 7301 PT-KENNEL AIDE 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7302 PT-KENNEL TEC 01/01/2022 17.354 18.222 19.133 20.089 21.093 PT 7290 PT-LABORER A 01/01/2022 16.000 16.800 PT 7300 PT-LABORER B 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7710 PT-LEGAL SEC-RE 10/31/2019 25.780 27.070 28.430 29.850 31.340 PT 7430 PT-LIBRARIAN II 01/10/2022 32.364 33.982 35.681 37.465 39.338 PT 7410 PT-LIBRARY AIDE 01/01/2022 15.000 15.750 16.538 17.365 PT 7420 PT-LIBRARY ASSC 01/01/2022 18.651 19.584 20.563 21.591 22.671 PT 7445 PT-LIBRARY ASST 01/10/2022 19.675 20.658 21.691 22.776 23.915 PT 7200 PT-LIFEGUARD 01/01/2022 16.000 16.800 PT 7220 PT-LYC COORDINA 01/01/2014 16.000 16.790 17.620 18.510 19.440 PT 7110 PT-METER READER 01/01/2014 18.140 19.320 20.280 21.300 22.360 PT 7480 PT-MGMT ANALYST 01/10/2022 34.213 35.924 37.720 39.607 41.487 PT 7650 PT-MKTG COORD 02/12/2018 22.550 23.740 24.990 26.310 27.690 PT 7570 PT-P CHAPLAIN 01/01/2014 20.000 PT 7330 PT-PARK ATTEND 01/01/2022 15.000 15.750 PT 7585 PT-PARKING ENF 01/10/2022 21.309 22.374 23.493 24.667 25.901 PT 7565 PT-PARTNERS SUP 03/08/2018 23.000 24.150 25.360 26.630 27.960 PT 7510 PT-PL COMMISSIO 01/01/2014 20.000 PT 7600 PT-PO/CRIME 07/12/2021 40.737 PT 7561 PT-PO/RET ANNU 07/12/2021 40.737 PT 7560 PT-POLICE OFF 07/12/2021 40.737 PT 7630 PT-PROF STD OFF 01/01/2014 50.000 55.000 PT 7260 PT-PROG COORD 01/10/2022 21.895 22.990 24.139 25.346 26.614 PT 7520 PT-PROG/ANALYST 04/01/2018 28.000 29.400 30.870 32.410 34.030 PT 7575 PT-PROP&EVIDENC 01/10/2022 25.433 26.704 28.039 29.441 30.913 PT 7360 PT-REC LEADER 01/01/2022 15.000 15.750 PT 7370 PT-REC SPECIAL 01/01/2022 16.750 17.590 PT 7400 PT-REC.SCORKEEP 01/01/2022 15.000 15.750 PT 7240 PT-RENTAL CONS 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7270 PT-SCENE TECH 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7350 PT-SMCRAFT OP-I 01/01/2014 17.000 PT 7391 PT-SPRTS OFCL A 06/01/2018 25.000 PT 7390 PT-SPRTS OFCL Y 01/01/2022 15.000 17.000 19.000 21.000 25.000 PT 7030 PT-SR ADM CLK 01/10/2022 20.611 21.642 22.724 23.860 25.053 PT 7470 PT-SR CIVIL ENG 01/01/2014 37.840 39.730 41.720 43.800 45.990 PT 7210 PT-SR LIFEGUARD 01/01/2022 17.640 18.520 19.440 PT 7540 PT-SR PROG/AN 06/01/2016 32.460 34.082 35.786 37.576 39.455 PT 7280 PT-STAGE TECH 01/01/2014 21.200 22.260 23.370 24.540 25.770 PT 7605 PT-SUPP SVC OFF 06/07/2017 32.738 PT 7530 PT-TECH SUPPORT 03/06/2017 23.040 24.190 25.400 26.670 28.000 PT 7745 PT-TRANSPMGR-R 02/01/2022 50.740 53.279 55.942 58.741 61.675 PT 7130 PT-UTIL EQ SPEC 01/01/2014 28.060 29.470 30.950 32.490 34.120 PT 7120 PT-UTIL SVC OP2 01/01/2014 60.890 PT 7730 PT-WWPO II-RET 04/18/2022 32.099 33.703 35.389 37.158 39.016 PT 7660 PT-YOUTH OUTRCH 01/10/2022 23.915 25.357 26.876 28.483 30.482 RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE CITY OF LODI PAY SCHEDULE
EFFECTIVE OCTOBER 19, 2022, PURSUANT TO
PUBLIC EMPLOYEES’ RETIREMENT LAW,
GOVERNMENT CODE SECTIONS 20636 AND
20636.1 AND CALIFORNIA CODE OF
REGULATIONS SECTION 570.5
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WHEREAS, the City of Lodi contracts with California Public Employees’ Retirement System (CalPERS) to provide retirement benefits for its employees who are members; and
WHEREAS, all employers must comply with compensation earnable provisions and corresponding regulations of the Public Employees’ Retirement Law (PERL) and California Code of Regulations, Section 570.5; and
WHEREAS, the regulations require employer s to review their pay schedules and to verify that all members’ pay amounts are accurately reported and approved by the governing body in accordance with requirements of applicable public meeting laws; and
WHEREAS, the Human Resources Manager verifies that the attached pay schedule, dated October 19, 2022, conforms with the requirements under the PERL and the California Code of Regulations.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the City of Lodi pay schedule dated October 19, 2022, attached hereto and made a part of this Resolution.
Dated: October 19, 2022
=================================================================== =====
I hereby certify that Resolution No. 2022-____ was passed and adopted by the C ity Council of the City of Lodi in a regular meeting held October 19, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 G 2000 ACCOUNT CLERK 01/10/2022 43,038.81 45,190.69 47,450.21 49,822.73 52,313.98 B 1200 ACCOUNTANT 01/10/2022 71,483.73 75,057.25 78,810.74 82,751.51 86,888.68 CMM 1540 ACCOUNTING MANANGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 B 1385 ADMINISTRATIVE ANALYST 06/02/2022 60,229.59 63,241.07 66,403.13 69,723.28 73,209.45 CMM 1571 ADMINISTRATIVE ANALYST-C 07/25/2022 65,047.96 68,300.36 71,715.38 75,301.14 79,066.21 G 2702 ADMINISTRATIVE ASSISTANT 01/10/2022 51,842.37 54,434.57 57,156.31 60,014.10 63,014.77 CGS 1970 ADMINISTRATIVE ASSISTANT-C 07/25/2022 54,952.91 57,700.64 60,585.69 63,614.95 66,795.66 G 2700 ADMINISTRATIVE CLERK 01/10/2022 38,974.19 40,922.93 42,969.12 45,117.52 47,373.40 CGS 1900 ADMINISTRATIVE CLERK - C 01/10/2022 41,325.53 43,391.81 45,561.41 47,839.49 50,231.45 G 2021 ANIMAL SERVICES SUPERVISOR 01/10/2022 50,579.05 53,108.10 55,763.47 58,551.58 61,479.20 G 2603 AQUATIC COORDINATOR 01/10/2022 51,338.86 53,905.87 56,601.17 59,431.20 62,402.69 G 2020 ASSISTANT ANIMAL SERVICES OFFICER 01/10/2022 43,982.96 46,182.06 48,491.25 50,915.82 53,461.59 CMM 1500 ASSISTANT CITY CLERK 01/10/2022 64,326.05 67,542.35 70,919.46 74,465.43 78,188.69 B 1230 ASSISTANT ENGINEER 01/10/2022 92,264.39 96,877.62 101,721.48 106,807.58 112,147.78 B 1300 ASSISTANT ENGINEER/PLANS EXAMINER 01/10/2022 85,036.28 89,288.15 93,752.55 98,440.15 103,362.03 B 1235 ASSISTANT PLANNER 01/10/2022 64,256.41 67,469.21 70,842.63 74,384.71 78,103.94 B 1240 ASSOCIATE CIVIL ENGINEER 01/10/2022 101,490.73 106,565.22 111,893.43 117,488.22 123,362.55 B 1245 ASSOCIATE PLANNER 01/10/2022 70,682.02 74,216.22 77,926.94 81,823.32 85,914.42 CMM 1575 BUDGET ANALYST 07/25/2022 76,856.96 80,699.78 84,733.94 88,972.28 93,420.12 CMM 1511 BUDGET MANAGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 G 2072 BUILDING INSPECTOR I 01/10/2022 59,861.04 62,706.83 65,842.18 69,134.39 72,591.03 G 2073 BUILDING INSPECTOR II 01/10/2022 65,692.92 68,977.52 72,426.43 76,047.83 79,850.19 M 4701 BUILDING SERVICE SUPERVISOR 01/10/2022 61,977.68 65,076.45 68,330.24 71,746.87 75,334.32 CMM 1530 BUSINESS DEVELOPENT MANAGER 01/10/2022 103,454.56 108,627.29 114,058.65 119,761.58 125,749.65 G 2075 CDD PROGRAM SPECIALIST 01/10/2022 64,787.82 68,027.21 71,428.57 75,000.00 78,750.00 B 1310 CHIEF BUILDING OFFICIAL 01/10/2022 117,972.80 123,870.39 130,064.28 136,566.56 143,395.91 CA 1002 CITY ATTORNEY 01/10/2022 215,641.69 CA 1003 CITY CLERK 01/10/2022 132,831.59 B 1250 CITY ENGINEER/DEPUTY PW DIRECTOR 01/10/2022 135,063.88 141,816.97 148,907.55 156,353.31 164,073.34 CA 1001 CITY MANAGER 01/10/2022 236,095.76 B 1306 CITY PLANNER 09/21/2022 113,479.57 119,152.54 125,110.53 131,365.15 137,934.39 A 1170 COMMUNITY DEVELOPMENT DIRECTOR 01/10/2022 162,513.81 G 2032 COMMUNITY IMPROVEMENT OFFICER I 01/10/2022 56,877.03 59,720.88 62,706.92 65,842.28 69,134.38 G 2022 COMMUNITY IMPROVEMENT OFFICER II 01/10/2022 62,564.70 65,692.92 68,977.52 72,426.43 76,047.83 S 6400 COMMUNITY SERVICE OFFICERR 07/11/2022 56,073.61 58,877.31 61,821.30 64,912.32 68,157.84 B 1255 COMPLIANCE MANAGER 07/01/2022 92,264.26 96,877.47 101,721.34 106,807.41 112,147.78 B 1260 CONSTRUCTION PROJECT MANAGER 01/10/2022 89,213.50 93,674.26 98,357.90 103,275.75 108,439.58 I 6550 CONSTRUCTION/MAINTENANCE SUPRVSR 01/10/2022 172,323.32 G 2011 CUSTOMER SERVICE REPRESENTATIVE I 01/10/2022 39,126.35 41,082.66 43,136.75 45,293.49 47,558.19 G 2012 CUSTOMER SERVICE REPRESENTATIVE II 01/10/2022 43,038.81 45,190.69 47,450.21 49,822.73 52,313.98 B 1210 CUSTOMER SERVICE SUPERVISOR 01/10/2022 66,429.06 69,750.58 73,238.11 76,900.14 80,744.97 CMM 1520 DEPUTY CITY ATTORNEY 01/10/2022 130,176.18 136,684.95 143,519.20 150,695.15 158,229.91 A 1100 DEPUTY CITY MANAGER 01/10/2022 199,717.12 B 1375 DEPUTY DIRECTOR PRCS 01/10/2022 101,288.65 106,353.08 111,670.72 117,254.26 123,116.97 FM 6120 DEPUTY FIRE CHIEF 07/11/2022 151,745.86 159,333.04 167,299.69 175,664.73 184,447.97 PM 6430 DISPATCH SUPERVISOR 07/11/2022 85,170.56 89,429.23 93,900.70 98,595.67 103,525.44 S 6410 DISPATCHER/JAILER 07/11/2022 63,810.83 67,001.30 70,351.46 73,868.97 77,562.40 I 6503 ELECTRIC APPARATUS MECHANIC 01/10/2022 91,623.48 96,208.58 101,043.54 106,082.34 111,409.48 I 6535 ELECTRIC DISTRIBUTION OP SUPERVISOR 01/10/2022 147,060.42 154,426.48 I 6531 ELECTRIC DISTRIBUTY OPERATOR I 01/10/2022 109,988.06 115,487.32 121,651.40 127,325.12 133,691.22 I 6532 ELECTRIC DISTRIBUTY OPERATOR II 01/10/2022 133,691.22 140,375.82 B 1343 ELECTRIC ENGINEER 01/10/2022 114,571.39 120,300.04 126,314.91 132,630.72 139,262.26 I 6505 ELECTRIC FOREPERSON 01/10/2022 156,653.64 I 6500 ELECTRIC GROUNDWORKER 01/10/2022 72,447.18 76,068.20 79,867.84 83,871.32 88,053.42 I 6501 ELECTRIC LINE APPRENTICE I 01/11/2022 88,217.48 92,628.12 97,259.50 102,122.54 107,228.42 I 6502 ELECTRIC LINE APPRENTICE II 01/11/2022 117,951.86 123,849.70 City of Lodi
Salary Schedule Effective October 19, 2022
Annual Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 I 6504 ELECTRIC LINEPERSON 01/10/2022 129,723.62 136,237.66 I 6507 ELECTRIC MATERIALS TECHNICIAN 01/10/2022 82,035.20 86,135.66 90,445.16 94,966.56 99,712.34 I 6520 ELECTRIC TROUBLESHOOTER 01/10/2022 139,421.62 B 1341 ELECTRIC UTILITY BUSINESS ANALYST 01/10/2022 85,786.95 90,076.56 94,580.41 99,309.43 104,274.89 A 1103 ELECTRIC UTILITY DIRECTOR 01/10/2022 214,029.72 B 1340 ELECTRIC UTILITY RATE ANALYST 01/10/2022 89,578.98 94,059.11 98,761.50 103,699.01 108,885.05 B 1328 ELECTRIC UTILITY RESOURCE ANALYST 01/10/2022 112,768.22 118,406.60 124,326.96 130,543.29 137,070.46 B 1330 ELECTRIC UTILITY SUPERINTENDENT 01/11/2022 155,947.96 163,745.35 171,932.63 180,529.26 189,555.71 I 6554 ELECTRICAL ENGINEERING TECHNICIAN 01/10/2022 84,942.52 89,175.58 93,637.96 98,329.92 103,225.98 I 6511 ELECTRICAL TECHNICIAN 01/10/2022 122,252.52 128,363.56 134,780.62 141,518.78 148,599.88 I 6506 ELECTRICIAN 01/10/2022 104,946.48 110,216.40 G 2199 ENGINEERING AID 01/10/2022 47,374.15 49,742.86 52,230.01 54,841.49 57,583.60 G 2200 ENGINEERING TECHNICIAN I 01/10/2022 60,288.47 63,302.81 66,467.92 69,791.39 73,280.97 G 2201 ENGINEERING TECHNICIAN II 01/10/2022 66,317.30 69,633.02 73,114.72 76,770.42 80,608.94 M 4160 ENVIRONMENTAL COMPLIANCE INSP 01/10/2022 63,603.88 66,784.08 70,123.26 73,629.43 77,310.87 M 4000 EQUIPMENT SERVICE WORKER 01/10/2022 46,603.54 48,933.70 51,380.34 53,949.36 56,646.89 G 2605 EVENTS COORDINATOR 01/10/2022 61,375.95 64,444.65 67,666.84 71,050.31 74,602.91 CGS 1955 EXECUTIVE ADMINISTRATIVE ASSISTANT 01/10/2022 65,182.91 68,442.07 71,864.17 75,457.37 79,230.24 M 4055 FACILITIES MAINTENANCE WORKER 01/10/2022 51,221.27 53,782.30 56,471.46 59,295.04 62,259.76 B 1393 FACILITIES SUPERINTENDENT 01/10/2022 85,152.20 89,409.82 93,880.30 98,574.32 103,503.03 M 4050 FACILITIES SUPERVISOR 01/10/2022 64,799.24 68,039.22 71,441.13 75,013.24 78,763.82 G 2050 FIELD SERVICE REPRESENTATIVE 01/10/2022 53,207.25 55,867.64 58,661.05 61,594.14 64,673.76 G 2051 FIELD SERVICEC SUPERVISOR 01/10/2022 61,248.11 64,310.56 67,526.09 70,902.25 74,447.40 G 2014 FINANCE TECHNICIAN 01/10/2022 52,076.96 54,680.86 57,414.89 60,285.74 63,299.91 FM 6100 FIRE BATTALION CHIEF - 80 07/11/2022 126,454.97 132,777.66 139,416.53 146,387.33 153,706.73 FM 6101 FIRE BATTALION CHIEF -112 07/11/2022 126,454.97 132,777.66 139,416.53 146,387.33 153,706.73 F 6040 FIRE CAPTAIN - 112 07/11/2022 101,399.55 106,469.43 111,792.87 117,382.30 123,251.68 F 6041 FIRE CAPTAIN - 80 07/11/2022 101,399.55 106,469.43 111,792.87 117,382.30 123,251.68 F 6042 FIRE CAPTAIN - ACTING 07/11/2022 98,446.16 103,368.41 108,536.69 113,963.53 119,661.73 A 1102 FIRE CHIEF 07/12/2021 188,680.92 F 6021 FIRE ENGINEER - 112 07/11/2022 87,592.76 91,972.35 96,571.01 101,399.55 106,469.43 F 6020 FIRE ENGINEER - 80 07/11/2022 87,592.76 91,972.35 96,571.01 101,399.55 106,469.43 F 6000 FIREFIGHTER I - 112 07/11/2022 68,631.11 F 6002 FIREFIGHTER II - 112 07/11/2022 75,665.31 79,448.52 83,420.79 87,591.95 91,971.38 F 6003 FIREFIGHTER II - 80 07/11/2022 75,665.31 79,448.52 83,420.79 87,591.95 91,971.38 F 6001 FIREFIGTHER I - 80 07/11/2022 68,631.11 B 1395 FLEET SUPERINTENDENT 01/10/2022 79,055.91 83,008.68 87,159.18 91,517.15 96,092.90 M 4020 HEAVY EQUIPMENT MECHANIC 01/10/2022 55,930.09 58,726.64 61,662.89 64,746.03 67,983.41 CMM 1550 HUMAN RESOURCES MANAGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 CGS 1930 HUMAN RESOURCES TECHNICIAN 07/25/2022 55,201.58 57,961.71 60,859.78 63,902.88 67,097.90 G 2400 INFORMATION SYSTEMS SPECIALIST 01/10/2022 59,147.70 62,105.23 65,214.47 68,470.83 71,894.38 B 1226 INFORMATION TECHNOLOGY MANAGER 01/10/2022 122,547.60 128,674.96 135,108.77 141,864.21 148,957.41 G 2203 JUNIOR ENGINEER 01/10/2022 78,784.84 82,724.12 86,860.23 91,203.26 95,763.42 G 2208 JUNIOR PLANNER 01/10/2022 59,532.62 62,509.15 65,634.62 68,916.35 72,362.20 G 2071 JUNIOR PLANS EXAMINER/ENGINEER 01/10/2022 65,692.92 68,977.52 72,426.43 76,047.83 79,850.19 G 2210 JUNIOR TRANSPORTATION PLANNER 01/10/2022 59,532.62 62,509.15 65,634.62 68,916.35 72,362.20 M 4075 LABORATORY SUPERVISOR 01/10/2022 76,809.50 80,649.98 84,682.45 88,916.57 93,362.41 M 4070 LABORATORY TECHNICIAN I 01/10/2022 50,661.68 53,194.86 55,854.65 58,647.39 61,579.63 M 4071 LABORATORY TECHNICIAN II 01/10/2022 55,723.53 58,509.69 61,435.20 64,507.01 67,732.26 S 6420 LEAD DISPATCHER/JAILER 07/11/2022 67,670.85 71,054.34 74,607.03 78,337.40 82,254.17 I 6508 LEAD ELECTRICIAN 01/10/2022 121,238.53 M 4010 LEAD EQUIPMENT MECHANIC 01/10/2022 61,523.07 64,599.28 67,829.17 71,220.64 74,781.71 B 1351 LIBRARIAN 01/10/2022 67,316.17 70,682.02 74,216.04 77,926.94 81,823.16 G 2500 LIBRARY ASSISTANT 01/10/2022 40,923.06 42,969.12 45,117.66 47,373.54 49,742.09 A 1105 LIBRARY DIRECTOR 01/10/2022 143,136.96 G 2510 LIBRARY TECHNICNICIAN 01/10/2022 51,767.46 54,355.81 57,073.63 59,927.32 62,923.65 B 1357 LITRACY/PROGRAM MANAGER 01/10/2022 64,583.91 67,813.10 71,203.79 74,763.96 78,502.14 M 4080 MAINTENANCE WORKER I 01/10/2022 44,359.74 46,578.85 48,907.02 51,352.15 53,922.09 M 4081 MAINTENANCE WORKER II 01/10/2022 48,787.56 51,227.02 53,788.37 56,477.78 59,301.63 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 B 1380 MANAGEMENT ANALYST 01/10/2022 71,163.85 74,722.02 78,457.35 82,381.74 86,500.11 CMM 1570 MANAGEMENT ANALYST-C 07/25/2022 76,856.96 80,699.78 84,733.94 88,972.28 93,420.12 B 1320 MANAGER ENGINEERING & OPERATIONS 01/10/2022 155,408.69 163,179.12 171,338.09 179,904.99 188,900.23 I 6540 METERING TECHNICIAN 01/10/2022 119,707.38 B 1315 NEIGHBORHOOD SERVICESS MANAGER 01/10/2022 102,613.18 107,742.46 113,130.37 118,786.76 124,726.24 B 1220 NETWORK ADMINISTRATOR 01/10/2022 96,778.30 101,617.06 106,698.48 112,033.41 117,635.13 G 2401 NETWORK TECHNICIAN 01/10/2022 70,932.32 74,479.00 78,202.89 82,113.08 86,218.83 M 4710 PARK MAINTENANCE WORKER I 01/10/2022 42,250.08 44,362.65 46,580.70 48,909.76 51,355.21 M 4711 PARK MAINTENANCE WORKER II 01/10/2022 46,470.76 48,794.16 51,233.91 53,795.57 56,485.43 M 4712 PARK MAINTENANCE WORKER III 01/10/2022 51,119.25 53,702.97 56,358.94 59,176.95 62,135.77 M 4740 PARK SUPERVISOR 01/10/2022 64,799.24 68,039.22 71,441.13 75,013.24 78,763.82 G 2600 PARKS PROJECT COORDINATOR 01/10/2022 72,948.92 76,596.41 80,426.14 84,447.48 88,669.84 B 1360 PARKS&PROPERTY SUPERINTENDENT 01/10/2022 88,077.16 92,481.00 97,105.04 101,960.30 107,058.30 M 4030 PARTS CLERK 01/10/2022 44,389.93 46,609.38 48,939.82 51,386.94 53,956.28 G 2016 PAYROLL TECHNICIAN 01/10/2022 52,076.96 54,680.86 57,414.89 60,285.74 63,299.91 A 1106 PBULIC WORKS DIRECTOR 01/10/2022 195,098.21 G 2070 PERMIT TECHNICIAN 01/10/2022 49,236.47 51,698.88 54,283.79 56,998.08 59,847.97 M 4130 PLANT & EQUIPMENT MAIN TECH 01/10/2022 57,820.63 60,710.56 63,744.48 66,930.65 70,277.37 P 6200 POLCE OFFICER TRAINEE 07/11/2022 73,862.45 77,555.52 81,433.37 85,505.05 89,780.28 PM 6300 POLICE CAPTAIN 07/11/2022 158,189.90 166,099.22 174,404.25 183,124.36 192,280.62 A 1101 POLICE CHIEF 07/12/2021 228,247.86 P 6220 POLICE CORPORAL 07/11/2022 96,104.50 100,909.81 105,955.35 111,253.08 116,815.68 PM 6310 POLICE LIEUTENANT 07/11/2022 131,824.96 138,416.06 145,336.85 152,603.73 160,233.85 P 6210 POLICE OFFICER 07/11/2022 90,664.66 95,197.90 99,957.84 104,955.79 110,203.53 G 2024 POLICE RECORDS CLERK I 01/10/2022 38,684.50 40,618.64 42,649.65 44,782.08 47,021.28 G 2023 POLICE RECORDS CLERK II 01/10/2022 42,553.09 44,680.65 46,914.68 49,260.45 51,723.46 G 2026 POLICE RECORDS CLERK SUPERVISOR 01/10/2022 48,928.54 51,375.00 53,943.69 56,640.80 59,472.95 PM 6320 POLICE SERGEANT 07/11/2022 109,854.14 115,346.62 121,113.97 127,169.71 133,528.30 A 1104 PRCS DIRECTOR 01/10/2022 158,673.02 G 2602 PROGRAM COORDINATOR 01/10/2022 45,541.76 47,818.73 50,209.62 52,720.14 55,356.24 G 2405 PROGRAM/ANALYST 01/10/2022 68,520.72 71,848.30 75,440.72 79,212.74 83,173.38 S 6440 PROPERTY & EVIDENCE TECHNICIAN 07/11/2022 56,073.61 58,877.31 61,821.30 64,912.32 68,157.84 CMM 1580 PUBLIC INFORMATION OFFICER-C 01/10/2022 73,264.36 76,927.59 80,773.95 84,812.65 89,053.28 G 2204 PUBLIC WORKS INSPECTOR I 01/10/2022 59,720.89 62,706.83 65,842.18 69,134.39 72,591.03 G 2205 PUBLIC WORKS INSPECTOR II 01/10/2022 65,692.92 68,977.52 72,426.43 76,047.83 79,850.19 B 1390 PW MANAGEMENT ANALYST 01/10/2022 81,838.36 85,930.36 90,226.86 94,738.23 99,475.14 B 1325 RATES & RESOURCES MANAGER 01/10/2022 155,408.69 163,179.12 171,338.09 179,904.99 188,900.23 B 1365 RECREATION MANAGER 01/10/2022 66,332.58 69,649.67 73,132.90 76,789.40 80,628.41 B 1206 REVENUE MANAGER 01/10/2022 105,597.70 110,877.58 116,421.47 122,242.54 128,354.66 CGS 1935 RISK MANAGEMENT TECHNICIAN 07/25/2022 55,201.58 57,961.71 60,859.78 63,902.88 67,097.90 CMM 1560 RISK MANAGER 01/10/2022 126,164.77 132,472.99 139,096.70 146,051.52 153,354.12 G 2701 SENIOR ADMINISTRATIVE CLERK 01/10/2022 42,871.64 45,015.17 47,266.03 49,629.29 52,110.81 CGS 1960 SENIOR ADMINISTRATIVE CLERK-C 04/18/2022 45,443.94 47,716.08 50,101.99 52,607.05 55,237.46 B 1270 SENIOR CIVIL ENGINEER 01/10/2022 114,510.99 120,240.06 126,251.84 132,566.68 139,188.07 G 2010 SENIOR CUSTOMER SERVICE REP 01/10/2022 45,190.75 47,450.22 49,822.72 52,313.87 54,929.68 I 6555 SENIOR ELECTRICAL ENGINEERING TECH 01/10/2022 122,638.36 I 6512 SENIOR ELECTRICAL TECHNICIAN 01/10/2022 134,725.50 141,469.90 148,529.42 155,968.54 163,756.58 G 2202 SENIOR ENGINEERING TECHNICIAN 01/10/2022 72,948.92 76,596.41 80,426.14 84,447.48 88,669.84 M 4060 SENIOR FACCILITIES MAINTENANCE WRK 01/10/2022 56,343.30 59,160.40 62,118.44 65,224.41 68,485.71 G 2505 SENIOR LIBRARY ASSISTANT 01/10/2022 45,015.17 47,266.03 49,629.29 52,110.81 54,716.24 G 2017 SENIOR PAYROLL TECHNICIAN 01/10/2022 57,284.65 60,148.95 63,156.39 66,314.31 69,629.92 G 2069 SENIOR PERMIT TECHNICIAN 01/10/2022 56,621.94 59,453.71 62,426.36 65,547.79 68,825.06 B 1305 SENIOR PLANNER 01/10/2022 86,085.91 90,390.67 94,909.37 99,655.73 104,638.26 G 2025 SENIOR POLICE ADMINISTRATIVE CLERK 01/10/2022 45,381.71 47,650.95 50,033.34 52,534.91 55,161.75 B 1335 SENIOR POWER ENGINEER 01/10/2022 126,029.75 132,331.26 138,947.74 145,895.13 153,189.94 B 1215 SENIOR PROG/ANALYST 01/10/2022 87,966.46 92,364.63 96,983.47 101,833.83 106,925.52 M 4140 SENIOR STOREKEEPER 01/10/2022 52,531.40 55,157.91 57,915.84 60,811.62 63,852.26 B 1275 SENIOR TRAFFIC ENGINEER 01/10/2022 114,510.99 120,240.06 126,251.84 132,566.68 139,188.07 B 1276 SENIOR TRANSPORTATION PLANNER 01/10/2022 86,085.91 90,390.46 94,909.97 99,655.48 104,638.26 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 M 4035 SERVICE WRITER 01/10/2022 44,389.93 46,609.38 48,939.82 51,386.94 53,956.28 M 4110 STREET MAINT SUPERVISOR 01/10/2022 68,031.10 71,432.70 75,004.35 78,754.46 82,692.26 M 4082 STREET MAINTENACE WRK I 01/10/2022 44,359.74 46,578.85 48,907.02 51,352.15 53,922.09 M 4083 STREET MAINTENACE WRK II 01/10/2022 48,787.56 51,227.02 53,788.37 56,477.78 59,301.63 M 4100 STREET MAINTENACE WRK III 01/10/2022 53,672.31 56,355.87 59,173.60 62,132.39 65,238.97 B 1284 STREET SUPERINTENDENT 03/02/2022 91,000.00 95,550.00 100,327.50 105,343.90 110,611.10 I 6565 SUBSTATION TECHNICIAN 01/10/2022 141,518.78 148,599.88 I 6560 SUBSTATION/METERERING SUPERVISOR 01/10/2022 169,102.44 B 1205 SUPERVISING ACCOUNTANT 01/10/2022 84,139.07 88,345.93 92,763.34 97,401.52 102,271.54 M 4120 TRAFFIC SIGN WORKER 01/10/2022 46,470.76 48,794.16 51,233.91 53,795.57 56,485.43 B 1295 TRASPORTATION MANAGER 01/10/2022 105,540.09 110,820.29 116,360.23 122,181.28 128,283.92 I 6521 TROUBLESHOOTING SUPVERVISOR 01/10/2022 156,653.64 B 1267 UTILITIES MANAGER 01/10/2022 129,106.27 135,561.70 142,339.80 149,456.63 156,929.58 G 2015 UTILITY BILLING SPECIALIST 01/10/2022 47,342.72 49,709.87 52,195.35 54,805.12 57,545.37 I 6530 UTILITY EQUIPMENT SPECIALIST 01/10/2022 79,681.42 83,677.62 87,872.20 92,253.20 96,876.52 B 1280 UTILITY SUPERINTENDENT 01/10/2022 117,373.90 123,242.59 129,404.79 135,875.02 142,668.78 I 6570 UTILITY WAREHOUSE SUPERVISOR 01/10/2022 90,238.72 94,749.72 99,489.78 104,463.32 109,683.60 M 4212 W/WW MAINTENANCE WORKER III 01/10/2022 53,672.31 56,355.73 59,173.76 62,132.39 65,238.97 M 4085 W/WW MW I 01/10/2022 44,359.74 46,578.85 48,907.02 51,352.15 53,922.09 M 4086 W/WW MW II 01/10/2022 48,787.56 51,227.02 53,788.37 56,477.78 59,301.63 M 4150 WASTEWATER OPERATIONS SUPERVISOR 04/18/2022 86,026.64 90,327.89 94,844.34 99,586.47 104,565.90 M 4170 WASTEWATER PLANT OPERATOR I 04/18/2022 60,693.61 63,728.35 66,914.69 70,260.44 73,773.50 M 4172 WASTEWATER PLANT OPERATOR II 04/18/2022 66,764.75 70,103.08 73,608.19 77,288.57 81,152.94 M 4173 WASTEWATER PLANT OPERATOR III 04/18/2022 73,441.41 77,113.34 80,968.94 85,017.49 89,268.30 B 1285 WASTEWATER PLANT SUPERINTENDENT 01/10/2022 110,595.64 116,125.56 121,931.48 128,028.07 134,429.45 M 4200 WATER PLANT OPERATOR II 04/18/2022 66,764.75 70,103.08 73,608.19 77,288.57 81,152.94 M 4201 WATER PLANT OPERATOR III 04/18/2022 73,441.41 77,113.34 80,968.94 85,017.49 89,268.30 B 1290 WATER PLANT SUPERINTENDENT 01/10/2022 110,595.64 116,125.56 121,931.48 128,028.07 134,429.45 G 2206 WATER SERVICE TECHNICIAN I 01/10/2022 70,824.21 74,365.42 78,083.69 81,987.81 86,087.18 G 2207 WATER SERVICE TECHNICIAN II 01/10/2022 77,906.51 81,801.80 85,891.92 90,186.58 94,695.94 M 4180 WATER/WASTEWATER SUPERVISOR 01/10/2022 73,150.60 76,810.41 80,647.61 84,682.45 88,917.42 G 2209 WATERSHED PROGRAM COORDINATOR 01/10/2022 45,541.76 47,818.73 50,209.62 52,720.14 55,356.24 M 4220 WELDER-MECHANIC 01/10/2022 55,928.70 58,727.26 61,663.95 64,746.94 67,984.02 G 2028 YOUTH OUTREACH WORKER 01/10/2022 49,742.86 52,743.22 55,901.51 59,243.96 63,402.41 BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7000 PT-ACCOUNTANT 01/01/2014 39.600 PT 7045 PT-ADMIN CLERK 01/10/2022 18.738 19.675 20.658 21.691 22.776 PT 7040 PT-ADMIN SUPPRT 01/01/2022 16.000 16.000 16.000 16.800 17.640 PT 7170 PT-AQUAT FIT IN 01/01/2022 16.000 16.800 PT 7160 PT-AQUATICS CRD 01/10/2022 24.682 25.916 27.212 28.573 30.001 PT 7550 PT-ASST ANML OF 01/10/2022 21.146 22.203 23.313 24.479 25.703 PT 7310 PT-BOATOPERATOR 01/01/2022 18.000 18.900 19.845 20.837 21.879 PT 7180 PT-CASHIER 01/01/2022 15.000 15.750 PT 7725 PT-CITY CLRK-RE 02/28/2022 63.861 PT 7620 PT-CODE ENF OFF 01/01/2014 21.610 22.690 23.820 25.010 26.260 PT 7640 PT-CONSULTANT 09/26/2019 25.000 100.000 PT 7500 PT-COUNCILMEMBER 01/01/2014 396.960 PT 7590 PT-COURT LIAISON 01/01/2022 21.060 22.113 23.219 24.380 25.599 PT 7595 PT-CSO 03/11/2019 22.831 23.973 25.171 26.430 27.751 PT 7010 PT-CUSTOMER SERVICE REP 01/10/2022 18.811 19.751 20.739 21.776 22.865 PT 7720 PT-DEP CITY-RE 10/31/2019 23.380 24.550 25.780 27.060 28.420 PT 7060 PT-DOCENT COORD 01/01/2022 16.000 16.000 16.800 17.640 18.522 PT 7490 PT-DPTY WTR CON 01/01/2022 15.000 15.750 16.538 PT 7121 PT-ELEC DIS OP2 07/21/2021 61.214 64.275 PT 7100 PT-ELEC ESTIMAT 01/01/2014 62.350 PT 7090 PT-ELEC TECH 01/01/2014 57.420 PT 7250 PT-EVENT ATTEND 01/01/2022 16.000 16.800 17.640 18.522 19.448 Hourly Rate of Pay
BU Job Position Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 PT 7455 PT-FACILITY MW 01/10/2022 24.626 25.857 27.150 28.507 29.933 PT 7460 PT-FACILITYSUPV 01/01/2022 15.000 15.000 15.750 16.538 17.364 PT 7020 PT-FINANCE TECH 01/10/2022 25.037 26.289 27.603 28.984 30.433 PT 7115 PT-FLD SVCS REP 01/10/2022 25.580 26.860 28.202 29.613 31.093 PT 7740 PT-FLEET SUPT-R 01/10/2022 38.008 39.908 41.904 43.999 46.199 PT 7320 PT-GATE ATTEND 01/01/2022 15.000 15.750 PT 7230 PT-HOUSE MGR 01/01/2022 15.000 15.750 16.538 17.364 18.232 PT 7450 PT-HVY EQP MECH 01/10/2022 26.890 28.234 29.646 31.128 32.684 PT 7303 PT-INSTR.SWIM 01/01/2022 16.000 16.800 PT 7070 PT-INTERN 01/01/2022 15.000 18.000 21.000 25.000 30.000 PT 7301 PT-KENNEL AIDE 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7302 PT-KENNEL TEC 01/01/2022 17.354 18.222 19.133 20.089 21.093 PT 7290 PT-LABORER A 01/01/2022 16.000 16.800 PT 7300 PT-LABORER B 01/01/2022 16.800 17.640 18.522 19.448 20.421 PT 7710 PT-LEGAL SEC-RE 10/31/2019 25.780 27.070 28.430 29.850 31.340 PT 7430 PT-LIBRARIAN II 01/10/2022 32.364 33.982 35.681 37.465 39.338 PT 7410 PT-LIBRARY AIDE 01/01/2022 15.000 15.750 16.538 17.365 PT 7420 PT-LIBRARY ASSC 01/01/2022 18.651 19.584 20.563 21.591 22.671 PT 7445 PT-LIBRARY ASST 01/10/2022 19.675 20.658 21.691 22.776 23.915 PT 7200 PT-LIFEGUARD 01/01/2022 16.000 16.800 PT 7220 PT-LYC COORDINA 01/01/2014 16.000 16.790 17.620 18.510 19.440 PT 7110 PT-METER READER 01/01/2014 18.140 19.320 20.280 21.300 22.360 PT 7480 PT-MGMT ANALYST 01/10/2022 34.213 35.924 37.720 39.607 41.487 PT 7650 PT-MKTG COORD 02/12/2018 22.550 23.740 24.990 26.310 27.690 PT 7570 PT-P CHAPLAIN 01/01/2014 20.000 PT 7330 PT-PARK ATTEND 01/01/2022 15.000 15.750 PT 7585 PT-PARKING ENF 01/10/2022 21.309 22.374 23.493 24.667 25.901 PT 7565 PT-PARTNERS SUP 03/08/2018 23.000 24.150 25.360 26.630 27.960 PT 7510 PT-PL COMMISSIO 01/01/2014 20.000 PT 7600 PT-PO/CRIME 07/12/2021 40.737 PT 7561 PT-PO/RET ANNU 07/12/2021 40.737 PT 7560 PT-POLICE OFF 07/12/2021 40.737 PT 7630 PT-PROF STD OFF 01/01/2014 50.000 55.000 PT 7260 PT-PROG COORD 01/10/2022 21.895 22.990 24.139 25.346 26.614 PT 7520 PT-PROG/ANALYST 04/01/2018 28.000 29.400 30.870 32.410 34.030 PT 7575 PT-PROP&EVIDENC 01/10/2022 25.433 26.704 28.039 29.441 30.913 PT 7360 PT-REC LEADER 01/01/2022 15.000 15.750 PT 7370 PT-REC SPECIAL 01/01/2022 16.750 17.590 PT 7400 PT-REC.SCORKEEP 01/01/2022 15.000 15.750 PT 7240 PT-RENTAL CONS 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7270 PT-SCENE TECH 01/01/2022 16.000 16.800 17.640 18.522 19.448 PT 7350 PT-SMCRAFT OP-I 01/01/2014 17.000 PT 7391 PT-SPRTS OFCL A 06/01/2018 25.000 PT 7390 PT-SPRTS OFCL Y 01/01/2022 15.000 17.000 19.000 21.000 25.000 PT 7030 PT-SR ADM CLK 01/10/2022 20.611 21.642 22.724 23.860 25.053 PT 7470 PT-SR CIVIL ENG 01/01/2014 37.840 39.730 41.720 43.800 45.990 PT 7210 PT-SR LIFEGUARD 01/01/2022 17.640 18.520 19.440 PT 7540 PT-SR PROG/AN 06/01/2016 32.460 34.082 35.786 37.576 39.455 PT 7280 PT-STAGE TECH 01/01/2014 21.200 22.260 23.370 24.540 25.770 PT 7605 PT-SUPP SVC OFF 06/07/2017 32.738 PT 7530 PT-TECH SUPPORT 03/06/2017 23.040 24.190 25.400 26.670 28.000 PT 7745 PT-TRANSPMGR-R 02/01/2022 50.740 53.279 55.942 58.741 61.675 PT 7130 PT-UTIL EQ SPEC 01/01/2014 28.060 29.470 30.950 32.490 34.120 PT 7120 PT-UTIL SVC OP2 01/01/2014 60.890 PT 7730 PT-WWPO II-RET 04/18/2022 32.099 33.703 35.389 37.158 39.016 PT 7660 PT-YOUTH OUTRCH 01/10/2022 23.915 25.357 26.876 28.483 30.482 AGENDA ITEM C-25
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Report Regarding Communication for the Proposition 68 Community & Economic Enhancement Planning Grant Proposal for the Delta Aquatic Center of Stockton M
EETING DATE: October 19, 2022
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Receive report regarding communication for the Proposition 68 Community & Economic Enhancement Planning Grant Proposal for the Delta Aquatic Center of Stockton.
B
ACKGROUND INFORMATION: The City received a request from the San Joaquin Community Foundation for a letter of support regarding the Proposition 68 Community & Economic Enhancement Planning Grant Proposal for the Delta Aquatic Center of Stockton.
T
he goal of the project is to make the waterway accessible to all residents in the valley, and ultimately become a major tourist destination. The project is to increase affordable recreational accessibility to the Delta, improve the health of residents, offer educational opportunities about the Delta and water safety, create local jobs and help establish Stockton as a tourist destination. The San Joaquin Community Foundation is working with the Delta Conservancy on funding for the planning phase of the project (architect, engineering, permitting, etc.). The conservancy have emphasized how important institutional and local letters of support are for the project. Therefore, a letter of support was requested from the City of Lodi for this project.
T
he attached letter, signed by the Mayor, was sent to the San Joaquin Community Foundation on October 6, 2022.
F
ISCAL IMPACT: Not applicable.
F
UNDING AVAILABLE: Not applicable.
____________________
___________________
Olivia Nashed
City Clerk
AGENDA ITEM C-26
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Set Public Hearing for November 2, 2022 to Consider Adopting a Resolution Setting the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan Development Fees For 2023
MEETING DATE: October 19, 2022
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Set public hearing for November 2, 2022 to consider adopting a resolution setting the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan development fees for 2023.
BACKGROUND INFORMATION: On February 21, 2001, the City of Lodi adopted the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP). The Plan includes a schedule of fees to be paid by property owners who propose to develop their property with non-agricultural uses. These fees are used to mitigate for the cumulative impacts of new development on habitat lands within Lodi and San Joaquin County. It is necessary for all jurisdictions covered by the Plan to approve the Habitat Conservation Plan (HCP) fees in order for the jurisdiction to continue to participate in the Plan. The fees are reviewed on an annual basis.
The 2023 per acre fees for all categories of habitat land have reduced by 1.6% based on the reduction in land acquisition costs. Open Space lands are $9,629.00 per acre. Agriculture and Natural lands (the two largest categories) are $19,255.00 per acre. Fees for Vernal Pool habitat lands (uplands) are $75,320.00 per acre and Vernal Pool (wetted lands) are $176,878.00 per acre.
The San Joaquin Council of Governments Board approved the HCP fee schedule for 2023 during their August 2022 board meeting. The Board coordinates the review of land costs to ensure that the current land mitigation costs will satisfy habitat conservation and purchases. All local jurisdictions are requested to approve the new fee schedule that will take effect on January 1, 2023.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
________________________________________
John R. Della Monica, Jr.
Community Development Director
AGENDA ITEM G-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Public Hearing to Consider the Recommendation of the Planning Commission to Introduce and Waive First Reading of an Ordinance Amending Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.36 “Standards For Specific Land Uses”, By Adding Section 17.36.160 “Two Unit Urban Residential Development” and Article 5, “Subdivisions,” By Adding Chapter
17.55 “Urban Lot Split” and Repeal and Reenact Article 7 “Definitions” to Add Definitions Of “Acting In Concert With,” “Car Share,” “Tenant,” and “Two Unit Urban Residential Development”
M
EETING DATE: October 19, 2022
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: P ublic hearing to consider the recommendation of the Planning Commission to introduce and Waive First Reading of an ordinance Amending Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.36 “Standards For Specific Land Uses”, By Adding Section 17.36.160 “Two Unit Urban Residential Development” and Article 5, “Subdivisions,” By Adding Chapter 17.55 “Urban Lot Split” and Repeal and Reenact Article 7 “Definitions” to Add Definitions Of “Acting In Concert With,” “Car Share,” “Tenant,” and “Two Unit Urban Residential Development”.
B
ACKGROUND INFORMATION: The proposed changes to the Zoning Code are a reaction to Senate Bill 9, (Chapter 162, Statutes of 2021), the “California Home Act,” which 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’s regulations are already in effect, but the City has the opportunity to adopt local regulations that address issues specific to Lodi.
SB
-9 seeks to increase the supply of housing by requiring that cities and counties implement ministerial procedures to approve:
• T
he subdivision of existing residential lots; and
• T
he development of more than one dwelling unit on parcels zoned for single family homes.
A
dditional provisions of SB-9:1
1 Source: “SB-9 Fact Sheet,” California Department of Housing and Community Development PH SB9 Ord Title 17 Amendment
October 19, 2022
• SB-9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts.
• SB-9 law requires a local agency to modify or eliminate objective development standards on a project - by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size.
SB-9 allows the development of up to a maximum of four dwelling units (2 dwelling units + 2 accessory dwelling units (ADUs)) on a lot or parcel which would otherwise accommodate only one dwelling unit and one ADU.
The law also limits the amount of parking that c an be required and establishes reduced building setbacks for units built per the new regulations.
The ministerial processes require Staff approval of lot splits and residential development so long as the specific criteria in the law are met . This eliminates the need for longer and more costly review processes. By allowing more than one dwelling unit to be built on parcels which otherwise would be limited to one primary dwelling unit and one ADU, SB-9 also supersedes traditional single-family zoning and provides for the development of more homes than would have otherwise been possible.
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 specif ic regulations implementing the law.
The proposed amendments to the Lodi Zoning Code would incorporate the required state law and address local concerns.
PROPOSED REGULATIONS
Staff from the City Attorney’s office and the Community Development Department, assisted by legal counsel with specific SB-9 expertise, have developed the proposed new regulations to be added to the Lodi Zoning Code to implement SB-9. Two new areas would be added to the Lodi Zoning Code:
• Section 17.36.160 “Two Unit Urban Residential Development”; and • Chapter 17.55 “Urban Lot Split”
In addition, several new terms used in the new regulations (“Acting in Concert With,” “Car Share,” “Tenant,” and “Two Unit Urban Residential Development”) would be added to the zoning code glossary.
A summary of the proposed amendments follows:
Section 17.36.160 “Two Unit Urban Residential Development” This new section provides for the development of additional dwelling units and ADUs on residential lots, subject to specific approval criteria. This section of the Zoning Code applies only to the RLD (Low Density Residential) zoning district. If any of the criteria in the regulations cannot be met, the additional dwelling units cannot be built.
Chapter 17.55 “Urban Lot Split”
This new Chapter of the Zoning Code provides for a staff-approved type of subdivision to split an existing lot into two lots, provided that specific criteria are met. The criteria are essentially the same as those for the “Two Unit Urban Development” Section discussed above. This new Section applies only in the RLD zoning district.
The new regulations generally allow the new lots to be smaller than would be the case if the standards of the RLD zoning district were used.
PH SB9 Ord Title 17 Amendment
October 19,2022
New Glossarv Definitions
Several specific terms are used in the new Zoning Code sections that require definitions. These are:
"Acting in Concert With"
"Car Sharg"
"Tenant"
"Two Unit Urban Residential Development"
Additional detail on the proposed regulations is provided in the August 24, 2022, Planning Commission staff report, attached to this Council Communication.
PLANNING COMMISSION DISCUSSION AND RECOII'IMENDATION
On August 24, 2022 the Planning Commission held a public hearing regarding the proposed regulations.
Following the public hearing, the Commission voted 4-0 to recommend that the City Council approve the proposed regulations.
GONCLUSION
The proposed regulations have been recommended by the Planning Commission. The Ordinance is ready for adoption, should the Council accept the recommendation of the Planning Commission.
FISCAL IMPAGT: Not applicable
Not applicable
John R.
FUNDING AVAILABLE
JDM/EN/kjc
Attachments
Com
la Monica, Jr.
Development D
1. Planning Commission Staff Reports (August 24,2022)
2. Planning Commission Resolution
3. Draft Ordinance
CITY OF LODI
PLANNING COMMISSION
Staff Report
MEETING DATE: August 24, 2022
APPLICATION NO: Not applicable
REQUEST: Proposed Changes to the Lodi Zoning Code to Implement Senate Bill 9, Pertaining to Urban Lot Splits and Two Unit Urban Residential Development in the Residential Low-Density Zoning District
LOCATION: Low-Density Residential (RLD) Zoning Districts, City-wide
APPLICANT: City of Lodi
RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council adopt the proposed amendments to the Lodi Zoning Code to implement the provisions of Senate Bill 9 (SB- 9), which provides for the streamlined approval of lot split s and the development of additional units on residential units.
The proposed regulations have been tailored to the extent possible to reflect specific conditions and concerns in Lodi. If the City Council decides not to adopt the proposed changes to the Zoning Code, the provisions of SB-9 as contained in the California Government Code will remain in effect without these Lodi-specific provisions.
BACKGROUND
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 units on parcels zoned for single family homes
Additional provisions of SB-9:
1 • SB-9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti- displacement measures for renters and low -income households, and the protection of historic structures and districts.
1 Source: “SB-9 Fact Sheet,” California Department of Housing and Community Development
Planning Commission
August 24, 2022
2 • SB-9 law requires a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size.
The effect of this change is to allow the development of up to four dwelling units (2 dwelling units + 2 accessory dwelling units (ADUs)) on a lot or parcel which would otherwise accommodate only one dwelling unit and one ADU.
The law also limits the amount of parking that can be required and establishes reduced building setbacks for units built per the new regulations.
The ministerial processes require Staff approval of lot splits and residential development so long as specific criteria in the law are met, eliminating the need for longer and more costly review processes. By allowing more than one dwelling unit to be built on parcels which otherwise would be limited to one primary dwelling unit and one ADU, SB-9 also supersedes traditional single- family zoning and provides for the development of more homes than would have otherwise been possible.
SB-9 took effect on January 1, 2022, and currently regulates both u rban 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 incorporate the required state law and address local concerns.
PROPOSED SB-9 REGULATIONS
Staff from the City Attorney’s office and the Community Development Department have developed the proposed new regulations to be added to the Lodi Zoning Code to implement SB-9. Two new areas would be added to the Lodi Zoning Code:
• Section 17.36.160 “Two Unit Urban Residential Development”; and • Chapter 17.55 “Urban Lot Split”
In addition, several new terms used in the new regulations (“Acting in Concert With,” “Car Share,” “Tenant,” and “ Two Unit Urban Residential Development”) would be added to the z oning code glossary.
A summary of the new sections follows:
Section 17.36.160 “Two Unit Urban Residential Development” This new section provides for the development of additional dwelling units and ADUs on residential lots, subject to specific approval criteria. This section of the Zoning Code applies only to the RLD (Low Density Residential) zoning district. If any of the criteria in the regulations cannot be met, the additional dwelling units cannot be built. Criteria include:
• The new housing would not require the demolition or alteration of existing affordable housing
• The new housing would not require the demolition or alteration of existing rental housing Planning Commission
August 24, 2022
3 • The site is not in a historic district
• The site is not on prime farmland
• The site is not a known hazardous waste site
This new section also creates new development standards addressing:
• The number of dwelling units and ADUs which can be built • Side, and rear yard setback limitations (4 feet)
• Maximum coverage in a front yard area only
• A requirement that 10% of the site be open space with amenities such as play equipment, patio, outdoor seating, etc.
• Requirement that new units match the architectural style of an existing home on the parcel • A requirement for one parking space, unless the site is near a “high-quality transit corridor” or “major transit stop” or within one block of a car share vehicle, in which case no parking is required. (Only very limited areas of Lodi would meet these criteria.) • A prohibition on the new Two Unit Urban Development being used for short-term rentals.
Do note, SB -9 requires that any development standards in the new regulations be modified or waived by Staff if the standards would prevent the construction of two dwelling units of at least 800 square feet each.
The regulations do not prevent the City from implementing the Building Code or other object development standards , and allow the Building Official to deny an application to build new dwelling units if the proposed units would,
“… have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there is no feasible method to satisfactorily mitigate or avoid the impact.”
The criteria for denial are discussed in more detail later in this report.
Chapter 17.55 “Urban Lot Split”
This new Chapter of the Zoning Code provides for a staff-approved type of subdivision to split an existing lot into two lots, provided that specific criteria are met. The criteria are essentially the same as those for the “Two Unit Urban Development” Section discussed above. This new Section applies only in the RLD zoning district.
The new regulations generally allow the new lots to be smaller than would be the case if the standards of the RLD zoning district were used. The new standards include:
Planning Commission
August 24, 2022
4 • Each new lot must be at least 40% the size of the original lot or 1,200 square feet, whichever is greater. (By comparison, the RLD zoning district requires a minimum lot size of 5,000 square feet.)
• Each lot must be capable of accommodating two 800-square-foot dwelling units • Each lot must have water, sewer, storm drain, gas, and electric utility service • A deed restriction is required that prevents the use of dwelling units on lots created with the Urban Lot Split process to be used for short-term rentals As with the Two Unit Urban Development section, the Urban Lot Split regulations provide for the denial of a proposed lot split if specific adverse impacts would result.
New Glossary Definitions
Several specific terms are used in the new Zoning Code sections that require definitions. These are:
“Acting in Concert With” - A person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
“Car Share” - A service through which vehicles are made available for hourly or daily use.
Vehicles are typically picked up and dropped off at designated parking locations within the community and are made available to provide flexible access to a vehicle.
"Tenant” - A person who occupies land or property rented from a landlord.
“Two Unit Urban Residential Development” - Development of dwelling units and accessory dwelling units per Section 17.36.160 of this Code.
LOCAL ISSUES AND FINDINGS FOR DENIAL
As noted above, state law and the proposed Lodi Zoning Code regulations allow the City to deny applications for Two Unit Urban Residential Development and Urban Lot Splits if a “ specific adverse impact” would result and “…there is no feasible method to satisfactorily mitigate or avoid the impact.”
The Public Works Department has identified areas in Lodi (shown in Figure 1, on the following page) where three specific types of impacts could result:
• Areas where existing storm drains are less than 12 inches in diameter (the minimum size which would be accepted per modern City of Lodi standards). In these areas, adding more development than would be permitted by existing z oning code standards could cause these undersized storm drainage lines to be overwhelmed by the higher storm runoff that would result, potentially causing localized flooding. These areas are mostly in older residential areas in the western portion of Lodi.
Planning Commission
August 24, 2022
5 Figure 1: Sewer and Storm Capacity Exhibit
• Areas where the amount of wastewater flowing in the existing underground lines exceeds the City’s existing standard. Adding more dwelling units in these areas would increase the amount of sewage flowing into the underground lines and could cause sewage overflows.
These areas are mostly older residential neighborhoods in the eastern portion of Lodi. • A reas where existing wastewater pumping stations exist that were designed to accommodate a specific amount of flow from anticipated development and where additional new dwelling units could exceed the capacity of the pumps. This issue affects mostly newer neighborhoods in northwest and southwest Lodi.
Planning Commission
August 24, 2022
6 The Public Works Department is currently developing policies procedures for review by the City Council that would allow the Community Development and Public Works departments to review all proposed projects, not just SB-9 projects, to determine if impacts to sewer or storm drainage in identified areas would result and if these impacts could be mitigated.
ENVIRONMENTAL ASSESSMENT
The proposed amendment was reviewed and found to be exempt from review under the California Environmental Quality Act (CEQA). Staff’s recommendation is that it can be seen with certainty that there is no possibility the proposed amendments to Zoning Code would have a significant effect on the environment. Therefore, subject to Section 15061(b)(3) of the CEQA Guidelines, the activity is not subject to CEQA.
PUBLIC HEARING NOTICE:
Legal Notice pertaining to the Code revisions for Urban Lot Splits and Two Unit Urban Residential Development was published in the Lodi News Sentinel on August 13, 2022.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission recommend the proposed amendments to the Lodi Zoning Code to the City Council.
The Commission may also recommend denial of the proposed amendments or can recommend changes to the regulations developed by Staff.
RECOMMENDED MOTIONS:
Should the Planning Commission agree with Staff’s recommendations, the following motion is suggested:
“I move that the Planning Commission adopt a r esolution recommending that the Lodi City Council determine the proposed Zoning Code amendments are not subject to CEQA per section 15061(b)(3) of the CEQA Guidelines . I further move to recommend that the City Council amend Title 17 of the Lodi Municipal Code to 1) add Section
17.36.160 “Two Unit Urban Residential Development,” 2) add Chapter 17.55 “Urban Lot Split” and 3) add definitions of “Acting in Concert With,” “Car Share,” “Tenant,” And “Two Unit Urban Residential Development”.
Respectfully submitted, Concur,
Eric Norris John R. Della Monica Jr.
Contract Planner Community Development Director
Attachments:
1. Draft Ordinance
2. “SB-9 Fact Sheet,” State of California Department of Housing and Community Development
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING LODI MUNICIPAL CODE TITLE 17 –
DEVELOPMENT CODE – ARTICLE 3 “SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS”, CHAPTER 17.36 “STANDARDS FOR
SPECIFIC LAND USES”, BY ADDING SECTION 17.36.160 “TWO UNIT URBAN RESIDENTIAL DEVELOPMENT” AND ARTICLE 5,
“SUBDIVISIONS,” BY ADDING CHAPTER 17.55 “URBAN LOT SPLIT” AND REAPPEAL AND REENACT ARTICLE 7 “DEFINITIONS” TO ADD DEFINITIONS OF “ACTING IN CONCERT WITH,” “CAR SHARE,”
“TENANT,” AND “TWO UNIT URBAN RESIDENTIAL DEVELOPMENT”
===================================================================
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.36 “Standards for Specific Land Uses” is hereby amended by adding Section 17.3 6.160 “ Two Unit Urban Residential Development” as follows:
17.36.160 – Two Unit Urban Residential Development.
A. Purpose. This Section is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this Section is to establish development standards for development pursuant to SB-9.
B. Term of Effect. This Section is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB 9 remain in effect.
C. Definitions. The following terms used in this section are as defined in Chapter 17.78 of this Code:
1. Car share;
2. Duplex;
3. Tenant; and
4. Two Unit Urban Residential Development.
As used this Section, “dwelling unit” refers to any unit which is not an Accessory Dwelling Unit as defined in this Code.
D. Applicable Zones and Projects. The provisions of this section apply to all lots in the RLD zoning district.
E. Ministerial Approval and Findings. Two Unit Urban Residential Development is subject to staff review and approval only, subject to the objective criteria and standards of this Chapter.
Two Unit Urban Residential Development which meets all the criteria listed in this Section shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:
1. The proposed development would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section
65589.5, upon public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or
2. The proposed development would not comply with all of the criteria for approval per this Section.
F. Criteria for Approval. A proposed Two Unit Urban Residential Development shall be approved if it meets all the following criteria:
1. The Two Unit Urban Residential Development would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control;
2. The Two Unit Urban Residential Development would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;
3. If any existing dwelling unit(s) is proposed to be demolished, would comply with the replacement housing provisions of Government Code Section 66300(d);
4. The parcel proposed for Two Unit Urban Residential Development is located in the RLD (Low Density Residential) zone;
5. The parcel proposed for Two Unit Urban Residential Development is not located within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a City ordinance;
6. The parcel proposed for Two Unit Urban Residential Development is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted;
7. The parcel proposed for Two Unit Urban Residential Development is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B);
8. The parcel proposed for Two Unit Urban Residential Development is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
9. The parcel proposed for Two Unit Urban Residential Development is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, S tate Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
10. The parcel proposed for Two Unit Urban Residential Development is not located in a special flood hazard area subject to induction by the 1 percent annual chance flood (100-year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
b. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);
11. The proposed Two Unit Urban Residential Development would not create a nonconforming condition related to the placement of buildings or to any other development standard of this Zoning Code, except as specified in this Chapter;
12. The proposed Two Unit Urban Residential Devel opment would not create a n unmitigated adverse impact to the City’s sewer, stormwater, or other infrastructure systems that would violate City standards, policies, or conditions protecting public health and safety;
13. A signed affidavit has been provided in accordance with Section 17.55.110; and
14. The application complies with all provisions of Government Code Section 66411.7.
G. Development Standards. The following development standards shall apply to all Two Unit Urban Residential Development, except to the extent that they would preclude the construction of two (2) dwelling units of at least 800 square feet each. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding the construction of two (2) SB-9 Units of 800 square feet each on each parcel.
Standards for typical residential development are found in Chapter 17.18 of this Code.
Standards for typical Accessory Dwelling Units are found in Section 17.36.130 of this Code.
1. Number of Dwelling Units Allowed
a. A maximum of two dwelling units may be built on a single lot created using the Urban Lot Split provisions of this Code. Dwelling units and Accessory Dwelling Units both count toward the maximum number of units on lots created using the Urban Lot Split provisions of this Code. b. A maximum of two dwelling units may be built on a single lot which was not created using the Urban Lot Split provisions of this Code. Only primary dwelling units count toward the maximum number of units on lots which were not created using the Urban Lot Split provisions of this Code.
2. Number of Accessory Dwelling Units Allowed. Accessory dwelling units may be built pursuant to Section 17.36.130 of this Code and in conformance with the maximum number of units specified in this Section.
3. Maximum Floor Area. No maximum floor area is specified by this Section.
4. Height. Maximum height shall be per the RLD zoning district standard for primary structures.
5. Setbacks
a. Front yard setback: Per the zoning district setback requirements for a primary structure.
b. Side and rear yard: Four (4) feet, except for an existing structure or structure constructed at the same location and to the same dimensions as an existing structure.
6. Site Coverage. Site coverage and maximum coverage in a front yard area shall be per the standards for the RLD zoning district. Coverage calculations shall include all structures, including all SB-9 Units and all non-habitable accessory structures.
7. Open Space. Ten percent (10%) of the lot shall be dedicated for common open space and shall provide amenities such as but not limited to gardening, outdoor seating or furniture, playground equipment, patio, and/or outdoor grill appliance.
8. Landscaping. Landscaping shall be provided required by the RLD zoning district.
9. Design
a. If a primary dwelling unit exists on the parcel, any new dwelling unit constructed on the parcel pursuant to this section shall use the same architectural style, materials, and colors as the existing unit.
b. All units built on a vacant parcel shall use the same architectural style, materials, and colors.
c. Accessory Dwelling Units shall be designed in conformance with the requirements of this Code for ADUs.
10. Parking. A minimum of one off-street parking space shall be provided for each dwelling unit, unless the following apply, in which case no off-street parking is required:
a. The parcel is located within one- half mile walking distance of either a high - quality transit corridor, as defined in subdivision (b) o f Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
b. There is a car share vehicle located within one block of the parcel.
11. Non-Habitable Accessory Structures. Development of non-habitable accessory structures as dwelling units shall be per the standards for accessory structures in the RLD zoning district.
H. Additional Requirements
1. Short-Term Rentals Prohibited
Any dwelling unit or Accessory Dwelling Unit constructed per this Section, if offered for rental, shall be rented for a minimum term of 31 consecutive days and shall not be used for short-term rentals.
2. Building and Safety Regulation
a. The City may deny the construction of dwelling units or Accessory Dwelling Units per this Section if the Building Official makes a written finding, based
upon a preponderance of the evidence, that the proposed dwelling unit(s) would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there is no feasible method to satisfactorily mitigate or avoid the impact. b. An application shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet applicable building code standards and are sufficient to allow separate conveyance.
c. Utility connections shall be provided per City standards.
d. All applications shall comply with the City’s standards, policies, or conditions protecting public health and safety of the sewer and stormwater infrastructure systems.
I. Application Requirements. Applications for Two Unit Residential Development shall include:
1. All information required by the Planning Department, as shown on official City application forms;
2. An affidavit shall be filed to verify information regarding the rental or ownership history of any pre-existing dwelling units or Accessory Dwelling Units; and
3. Each applicant for a Two Unit Residential Development shall provide a signed affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the development, unless the applicant is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
SECTION 2. Lodi Municipal Code Title 17 – Development Code – Article 5 “Subdivisions” is hereby amended by adding Chapter 17.55 “Urban Lot Split” as follows:
Chapter 17.55 – URBAN LOT SPLIT
17.55.010 - Purpose of Chapter.
17.55.020 - Term of Effect.
17.55.030 - Urban Lot Split Defined.
17.55.040 - Ministerial Approval and Findings.
17.55.050 - Criteria for Approval.
17.55.060 - Urban Lot Split Lot Requirements.
17.55.070 - Development Standards.
17.55.080 - Required Contents for Recorded Title.
17.55.090 - Pre-Existing Nonconforming Zoning Conditions.
17.55.100 - Expiration of Urban Lot Split Subdivisions.
17.55.110 - Application Requirements.
17.55.010 Purpose of Chapter.
This Chapter is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this Chapter is to establish a ministerial objective approval process and special lot design standards for the subdivision of single lots in the RLD zoning district.
17.55.020 Term of Effect.
This Chapter is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB-9 remain in effect.
17.55.030 Urban Lot Split Defined.
An Urban Lot Split is the subdivision of a single-family residential lot into two parcels that meets the requirements of this Chapter. An Urban Lot Split differs from other subdivisions only in the standards which apply to the lots created, the criteria which must be met, and the ministerial approval process which applies to this type of subdivision.
17.55.040 Ministerial Approval and Findings.
An Urban Lot Split is subject to staff review and approval only, subject to the objective criteria and standards of this Chapter.
An Urban Lot Split that meets all of the criteria listed below shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:
A. The proposed urban lot split would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or B. The proposed urban lot split would not comply with all of the criteria for approval per this Chapter.
17.55.050 Criteria for Approval.
Proposed Urban Lot Splits shall comply with all of the following:
A. The Urban Lot Split would not require t he demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
B. The Urban Lot Split would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;
C. If any existing dwelling unit (s) is proposed to be dem olished, the proposal would comply with the replacement housing provisions of Government Code Section 66300(d);
D. The parcel proposed for an Urban Lot Split is located in the RLD (Low Density Residential) zone;
E. The parcel proposed for an Urban Lot Split is not located within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance;
F. The parcel proposed for an Urban Lot Split is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted;
G. The parcel proposed for an Urban Lot Split was not previously created through a prior Urban Lot Split;
H. The parcel proposed for an Urban Lot Split is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B);
I. The parcel proposed for an Urban Lot Split is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
J. The parcel proposed for an Urban Lot Split is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
K. The parcel proposed for an Urban Lot Split is not located in a special flood hazard area subject to induction by the 1 percent annual chance flood (100-year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:
1. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);
L. The Urban Lot Split would not create a nonconforming c ondition related to the placement of buildings or to any other development standard of this Zoning Code, except as specified in this Chapter;
M. The Urban Lot Split would not create an unmitigated adverse impact to the City’s sewer or stormwater infrastructur e systems that would violate City standards, policies, or conditions protecting public health and safety; N. A signed affidavit has been provided in accordance with Section 17.55.110; O. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using the Urban Lot Split process; and
P. The application complies with all provisions of Government Code Section 66411.7.
17.55.060 Urban Lot Split Lot Requirements.
The following requirements apply to all lots created using the Urban Lot Split process, except to the extent that they would preclude the construction of two (2) SB -9 Units (as the term is defined in Section 17.36.160 of this Code) of at least 800 square f eet each. Any modifications of these requirements shall be the minimum modification necessary to avoid physically precluding the construction of two (2) SB-9 Units of 800 square feet each on each parcel.
A. Lot Requirements:
1. Each lot shall have street frontage on or access to a public right of way as required by the Public Works Department.
2. Lot width shall be per the RLD zoning district.
3. Lots created per this Chapter are not required to have a minimum depth, provided that the minimum lot size stated below is maintained.
4. Lot size:
a. Each parcel created by an Urban Lot Split shall be at least 40 percent of the size the original parcel or 1,200 square feet, whichever is greater.
b. The sub divider shall demonstrate that the proposed lots are capable of accommodating at least two units of 800 square feet each in conformance with the applicable setbacks and height limits of this Code.
5. Utilities:
a. Each parcel created by an Urban Lot Split shall have water, sewer, storm drain, gas and electric utility service that comply with City standards. b. The sub divider shall be responsible to install connections to City facilities in accordance with City standards.
c. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving, or shall be located within a utility easement. d. Unused connections shall be abandoned per City standard.
17.55.070 Development Standards.
Development standards for parcels created pursuant to this Chapter are provided in Section 17.36.160 of this Code.
17.55.080 Required Contents for Recorded Title.
The recorded title for any lot or parcel created pursuant to this Chapter shall include the following:
A. That the Urban Lot Split provisions of this Chapter were used to approve the subdivision and may not be used to further subdivide the lot or parcel; B. The signed affidavit required per Section 17.55.110; C. A rental of any unit created on the lot or parcel shall be for a minimum term of 31 consecutive days, and the unit shall not be used for short-term rentals; and
D. Uses on the lot or parcel shall be limited to residential uses.
17.55.090 Pre-Existing Nonconforming Zoning Conditions.
Approval of an application for the Urban Lot Split shall not be contingent upon the correction of a non-conforming zoning condition which existed at the time the application was filed.
17.55.100 Expiration of Urban Lot Split Subdivisions.
The expiration of tentative maps created per this Chapter shall be the same as for a standard tentative map as specified in Section 17.52.130 of the Lodi Municipal Code.
17.55.110 Application Requirements.
Applications for Urban Lot Splits shall include:
A. All information required by the Public Works Department, as shown on official City application forms.
B. Each applicant for an Urban Lot Split shall provide a signed affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the Urban Lot Split, unless the applicant is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
SECTION 3. Lodi Municipal Code Title 17 – Development Code – Article 7 “Definitions” is hereby repealed and reenacted as follows:
ARTICLE 7. - DEFINITIONS
Chapter 17.78 - DEFINITIONS
17.78.010 - Purpose of Article.
17.78.020 - Definitions of Specialized Terms and Phrases.
17.78.010 - Purpose of Article.
This Article provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined
in this Article, or in other provisions of the Development Code, the most common dictionary definition is presumed to be correct.
17.78.020 - Definitions of Specialized Terms and Phrases.
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.
A. Definitions, "A."
“ACE” U.S. Army Corps of Engineers, the federal agency responsible for issuing wetlands delineations.
“Accessory Dwelling Units ” A second permanent dwelling that is accessory to a primary dwelling on the same site. An accessory dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking.
“Accessory Residential Uses and Structures ” Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:
Garages;
Gazebos;
Greenhouses;
Spas and hot tubs;
Storage sheds;
Studios;
Swimming pools;
Tennis and other on-site sport courts;
Workshops.
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: accessory dwelling units, which are separately defined, or home satellite dish and other receiving antennas for earth - based TV and radio broadcasts (see “Telecommunications Facilities”).
“Accessory Retail Uses” The retail sales of various products (including food) and/or the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible fro m public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.
“Accessory Structure” A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Development Code, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; hot tubs, Jacuzzis , spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.
“Accessory Use” A use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.
“Acting in Concert With” A person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the
adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
“Adult Entertainment Businesses” Any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by state law.
Refer to Chapter 5.40 of the Lodi Municipal Code for Adult Business definitions.
“Affordable unit” An ownership or rental housing unit as required by this section, which is affordable by households with very low or low income.
“Agent” A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Development Code.
“Agricultural Processing” The processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere. Includes the following:
alfalfa cubing;
corn shelling;
cotton ginning;
custom grist mills;
custom milling of flour, feed, and grain;
drying of corn, rice, hay, fruits, and vegetables;
grain cleaning and custom grinding;
hay baling and cubing;
pre-cooling and packaging of fresh or farm-dried fruits and vegetables; sorting, grading, and packing of fruits and vegetables; tree nut hulling and shelling.
Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of "Crop Production."
“Alcoholic Beverage Sales ” The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.
“Alley” A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.
“Allowed Use” A use of land identified by Article 2 (Land Use and Development Standards) as a permitted or conditional use that may be established with land use permit and, where applicable, site plan and site plan and design review and/or Building Permit approval, subject to compliance with all applicable provisions of this Development Code.
“Alteration” Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
“Amenity” Interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior Amenities may include, but are not limited to fireplaces, gar bage disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall in no way include items required by City building codes or other ordinances which are necessary to insure the safety of the building and its residents.
“Antenna” Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. Antenna- related definitions include the following.
1. Antenna, Amateur Radio. Any antenna used for transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC).
2. Antenna, Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building.
3. Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.
4. Antenna, Ground Mounted. Any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation.
5. Antenna, Monopole. A structure composed of a single spire used to support antennas and related equipment.
6. Antenna, Panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.
7. Antenna, Satellite. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.
8. Antenna, Whip. An antenna consisting of a single, slender, rod -like element, which is supported only at or near its base. They are typically less than six inches in diameter and measure up to 18 feet in height. Also called omnidirectional, stick or pipe antennas.
“Animal Raising” The keeping/raising of farm animals, including cattle, goats, horses, sheep, swine (including potbellied pigs), fowl, poultry, and other animals determined by the Director to not be common household pets. Does not include:
birds, cats, dogs, and other household pets or exotic animals, which are separately defined.
“Apartment” See "Multi-Family Dwellings."
“Applicant” Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks City permits and approvals.
“Approval” Includes both approval and approval with conditions.
Area, Lot. See “Lot Area.”
“Art, Antique, Collectible, and Gift Stores” Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.
“At one location” All adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right-of- way, or separated only by other land of the applicant.
“Attic” The area located between the uppermost plate and the roof or ridge of a structure.
“Auto Parts Sales ” Stores that sell new automobile parts, tires, and accessories.
May also include minor parts installation (see "Vehicle Services"). Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards."
“Auto Repair and Maintenance” The repair, alteration, restoration, towing, painting, cleaning (including self -service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories.
1. Major Repair/Body Work. Repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments.
2. Minor Maintenance/Repair. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, etc.).
Does not include automobile parking (see “Parking Facilities/Vehicle Storage”), repair shops that are part of a vehicle dealership on the same site (see “Auto Sales and Rental,” and “Recreational Vehicle Sales and Rental”), automobile service stations, which are separately defined, or automobile dismantling yards, which are included under “Recycling – Scrap and Dismantling Yards.”
“Auto Sales and Rental ” Retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle and moped sales (see "General Retail"); mobile home sales (see "Mobile Home and RV Sales"); tire recapping establishments (see "Auto Repair and Maintenance"); businesses dealing exclusively in used parts, ( see "Recycling - Scrap and Dismantling Yards"); or "Service Stations," which are separately defined.
“Automated Teller Machines (ATM)” Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawal s and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations.
“Automobile Dismantling Yard” See "Recycling - Scrap, and Dismantling Yards."
B. Definitions, "B."
“Banks and Financial Services” Financial institutions including:
banks and trust companies;
credit agencies;
holding (but not primarily operating) companies;
lending and thrift institutions;
other investment companies;
securities/commodity contract brokers and dealers;
security and commodity exchanges;
vehicle finance (equity) leasing agencies.
See also, "Automated Teller Machine," above.
“Bar” See “Night Clubs and Bars.”
“Basic Services” Services provided by a residential care facility for the elderly that may include daily activities (social, recreational and educational); community space; utilities and cleaning; safety and security; 24 -hour experienced staff; maintenance of residence and grounds; personal care; three daily meals; family support activities; transportation; and medication administration.
“Bed and Breakfast Inns (B&Bs)” Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodgi ng, where meals may be provided subject to applicable Health Department regulations. A Bed and Breakfast Inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "Hotels and Motels." Does not include room rental, which is separately defined (see "Rooming and Boarding Houses).
“Block” Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad right-of-way or waterway or subdivided acreage
“Building” See "Structure."
“Building Material Stores” Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Warehousing, Wholesaling and Distribution." Hardware stores are listed in the definition of "General Retail," even if they sell some building materials.
“Business Support Services” Establishments primarily wit hin buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:
Blueprinting;
business equipment repair services (except vehicle repair, see "Vehicle Services"); commercial art and design (production);
computer-related services (rental, repair);
copying and quick printing services;
equipment rental businesses within buildings (rental yards are "Outdoor Sales Yards");
film processing laboratories;
heavy equipment repair services where repair occurs on the client site; janitorial services;
mail advertising services (reproduction and shipping);
outdoor advertising services;
photofinishing;
protective services (other than office related);
soils and materials testing laboratories;
window cleaning.
C. Definitions, "C."
“California Environmental Quality Act (CEQA) ” State law (California Public Resources Code Sections 19000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.
“California Public Utilities Commission (CPUC) ” The governmental agency which regulates the terms and conditions of public utilities in the State.
“Car Share” A service through which vehicles are made available for hourly or daily use. Vehicles are typically picked up and dropped off at designated parking locations within the community and are made available to provide flexible access to a vehicle.
“Car Washes” Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car
washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See 17.40.000 (Temporary Use Permits).
“Care and Supervision” Services which if provided require a residential care facility for the elderly to be licensed. These services include assistance as needed with activities of daily living and the assumption of varying degrees of responsibility for the safety and well-being of residents to include: assistance in dressing, grooming, bathing and other personal hygiene; assistance with taking medication; central storing and distribution of medications; assistance with medical and dental care (including transportation); maintenance of house rules; supervision of resident schedules and activities; voluntary maintenance and supervision of resident monies or property; and monitoring food intake or special diets.
“Caretaker Quarters” A residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.
“Cell site” A geographical area with a radius of two to eight miles that contains both transmitting and receiving antennae.
“Cellular” An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.
“Certificate of Public Convenience and Necessity ” A certificate issued by the California Public Utilities Commission (CPUC).
“City” The City of Lodi referred to in this Development Code as the "City."
“City Council” The Lodi City Council, referred to in this Development Code as the "Council."
“City Resident” Any person who has lived within the City limits of the City of Lodi continually for one year immediately prior to the date of application for an affordable unit.
“Clubs, Lodges, and Membership Meeting Halls” Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:
business associations;
civic, social, and fraternal organizations;
labor unions and similar organizations;
political organizations;
professional membership organizations;
other membership organizations.
“Co-location” The locating of wireless communications equipment from more than one provider on a single ground- mounted, roof -mounted, or structure- mounted facility.
“Commission” See "Planning Commission."
“Common Interest Development” Any residential condominium, community apartment house, or stock cooperative.
“Community Care Facility” Any place or building which is maintained and operated to provide 24-hour non-medical residential care, or day care services for children, adults, or both limited to the following:
1. Residential Care Facility. A home, group care facility, residential care facility for the elderly, foster home, alcohol and/or drug recovery facility, intermediate care facility or similar facility, for 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
2. Family Day Care. Regularly provided care, protection and supervision of children, in the care giver’s own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away.
a. Small Family Day Care Home. A home that provides family child care for up to six children, or for up to eight children, including children under age 10 who live in the licensee’s home, if all of the following conditions are met:
i. At least two of the children are at least six years of age.
ii. No more than two infants are cared for during any time when more than six children are being cared for.
iii. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time.
iv. The licensee obtains the written consent of the property owner when the family dare care home is operated on property that is leased or rented.
b. Large Family Day Care Home. A home that provides family child care for up to 12 children, or for up to 14 children, including children under age 10 who live in the licensee’s home and the assistant provider’s children under age 10, if all of the following criteria are met:
i. At least two of the children are at least six years of age.
ii. No more than three infants are cared for during any time when more than 12 children are being cared for.
iii. The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time.
iv. The licensee obtains the written consent of the property owner when the family dare care home is operated on property that is leased or rented.
3. Day Care Center. Commercial or non- profit child or adult day care facilities designed and approved to accommodate 15 or more. Includes infant centers, preschools, extended day care facilities, and facilities for adults who require supervision and care because of advanced age, mental or physical deterioration, dementia, Alzheimer’s disease, or similar disabling condition.
These may be operated as part of a business, school, or religious facility, or as an independent land use.
“Community Centers” Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi -purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.
“Community Garden” A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.
“Community Space” Space within a residential care facility for the elderly that may include dining facilities such as a café or snack bar; beauty or barber shops; retail shops that sell food items, non-prescription drugs, small household items and gifts; pharmacies; libraries; game rooms; meeting rooms; music/craft rooms; community laundry rooms; community kitchens; and other si milar facilities for residents and guests.
“Condominium” As defined by Civil Code Section 1315, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.
“Congregate Living Health Facility” See “Medical Services – Extended Care”.
“Construction/Heavy Equipment Sales and Rental” Retail establishments selling or renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc.
“Contractor Storage Yards” Storage yards operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.
“Convalescent Hospital” See “Medical Services – Extended Care”.
“Convenience Stores” Retail stores of generally 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs.
“County” The County of San Joaquin, State of California.
“Crop Production” Commercial agricultur al field and orchard uses including production of:
field crops;
flowers and seeds;
fruits;
grains;
grapes;
melons;
ornamental crops;
tree nuts;
trees and sod;
vegetables;
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, including sales sheds.
D. Definitions, "D."
“Density” The number of housing units per net acre, unless otherwise stated, for residential uses.
“Department” The Lodi Community Development Department, referred to in this Development Code as "Department."
“Detached” Any structure that does not have a wall or roof in common with another structure.
“Developer” Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities that seeks City permits and approvals for development.
“Development” Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures, and/or the establishment of a new land use. New development is any construction, or alteration of an existing structure or land use, after the effective date of this Development Code.
“Development Agreement” A contract between the City and an applicant for a development project, in compliance with Chapter 17.44 (Development Agreements) of th is Development Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.
“Development Code” The Lodi Development Code, Title 17 of the Lodi Municipal Code, referred to herein as "this Development Code."
“Development Standards” The provisions of Lodi Development Code.
“Director” The City of Lodi Community Development Director, or designee of the Director.
“District” See "Zoning District."
“Drive-in and Drive- thru Sales” Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast- food restaurants, drive-through coffee, dairy product, photo stores, etc.
“Drive-in and Drive -thru Services” Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.
“Driveway” Means a vehicle accessway extending from road or street to a building or s tructure, vehicle parking or delivery area, or pedestrian drop- off point, or between such areas on a site.
“Duplex” A residential structure under single ownership containing two dwellings.
“Dwelling, dwelling unit, or housing unit” A room or group of i nternally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
“Dwelling Group” Two or more detached dwelling units located on a single parcel of land in one ownership and having any yard, access driveway or court in common.
E. Definitions, "E."
“Easement” A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
“Electromagnetic field” The local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.
“Electronics, Equipment, and Appliance Manufacturing” Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines;
aviation instruments;
computers, computer components, and peripherals;
electrical transmission and distribution equipment;
electronic components and accessories, semiconductors, integrated circuits, and related devices;
electronic instruments, components and equipment such as calculators and computers;
electrical welding apparatus;
lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting;
industrial apparatus;
industrial controls;
instruments for measurement, testing, analysis and control, associated sensors and accessories;
miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines;
motors and generators;
optical instruments and lenses;
photographic equipment and supplies;
pre-recorded magnetic tape;
radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies;
surveying and drafting instruments;
telephone and telegraph apparatus;
transformers, switch gear and switchboards;
watches and clocks;
Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development").
“Enhanced specialized mobile radio” A digital wireless communication technology that specializes in providing dispatching services.
“Enlargement of Use ” The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.
“Environmental Impact Report (EIR)” An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).
“Equipment Rental, Indoor” Service establishments which may offer a wide variety of materials and equipment for rental. Construction equipment rental is separately defined.
F. Definitions, "F."
“Family” One or more persons occupying a premises and living as a si ngle housekeeping unit, as distinguished from a group occupying a lodging house or hotel. A family includes the necessary servants.
“Farmworker Housing” A housing accommodation developed for and/or provided to a minimum of five farmworkers, and shall consist of any living quarters, dwelling, boarding house, tent, barracks, bunkhouse, mobile home, recreational vehicle, travel trailer, or other housing accommodation maintained in one or more buildings and on one or more sites. Permanent housing for farmworkers who live in Lodi year-round is treated the same as other permanent housing (i.e., single family or multi -family).
Seasonal or migrant farmworker housing is treated the same as group residential.
“Feasible” Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
“Floor Area, Gross” The area in square feet of all floors within a building, measured from the outside surfaces of the exterior walls.
“Floor Area Ratio (FAR)” The Floor Area Ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (including carports) shall be determined by multiplying the Floor Area Ratio (FAR) by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area).
“Flower Tower” A structure that integrates a monopole into a light pole or other utility pole.
“Food and Beverage Manufacturing” Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:
Bakeries;
bottling plants;
breweries;
candy, sugar and confectionery products manufacturing;
catering services separate from stores or restaurants;
coffee roasting;
dairy products manufacturing;
fats and oil product manufacturing;
fruit and vegetable canning, preserving, related processing; grain mill products and by-products;
meat, poultry, and seafood canning, curing, by product processing; soft drink production;
miscellaneous food item preparation from raw products.
May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "Night Clubs and Bars" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic.
Does not include: bakeries which sell all products on-site, which are included in the definition of "General Retail;" or beer brewing as part of a brew pub, bar or restaurant (see "Night Clubs and Bars").
“Furniture, Furnishings and Appliance Stores” Stores engaged primarily in selling the following products and related services, including incidental repair services:
computers and computer equipment;
draperies;
floor coverings;
furniture;
glass and chinaware;
home appliances;
home furnishings;
home sound systems;
interior decorating materials and services;
large musical instruments;
lawn furniture;
movable spas and hot tubs;
office furniture;
other household electrical and gas appliances;
outdoor furniture;
refrigerators;
stoves;
televisions.
“Furniture/Fixtures Manufacturing, Cabinet Shops” Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, w indow blinds and shades.
Includes wood and cabinet shops, but not sawmills or planning mills.
G. Definitions, "G."
“Garage, or Carport” Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the pr ovisions of Chapter 17.32 (Parking and Loading).
1. A garage is an attached or detached accessory structure with a door, enclosed on at least three sides.
2. A carport is an attached or detached accessory structure enclosed on no more than two sides.
“Garage Sale” Any sale held for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.
“Gas Station” A retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.
“General Plan” The City of Lodi General Plan, including all its elements and all amendments to the General Plan, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Development Code as the "General Plan."
“General Retail” Stores and shops selling many lines of merchandise. These stores and lines of merchandise include but may not be limited to:
art galleries;
artists' supplies;
bakeries (all production in support of on-site sales);
bicycles;
books;
cameras and photographic supplies;
clothing and accessories;
collectibles (cards, coins, comics, stamps, etc.);
department stores;
drug and discount stores;
dry goods;
electronics/TV;
fabrics and sewing supplies;
florists and houseplant stores (indoor sales only, outdoor sales are "Plant Nurseries");
gift and souvenir shops;
furniture, home furnishings and equipment;
general stores;
hardware-no outside storage;
hobby materials;
jewelry;
luggage and leather goods;
musical instruments, parts and accessories;
newsstands;
orthopedic supplies;
pet supplies sales with no animals but fish;
religious goods;
small wares;
specialty shops;
sporting goods and equipment;
stationery;
toys and games;
variety stores;
“Golf Courses and Country Clubs” Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
“Grade” The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.
“Grand Opening” An advertising event which has as its purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following a remodeling or major renovation.
“Grocery Store” A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumpti on away from the site of the store.
“Group Residential” All living situations with shared living quarters without separate kitchen or bathroom facilities for each room or unit, including boarding houses, dormitories, and SRO facilities
“Guest House” A detached structure accessory to a single- family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
H. Definitions, "H."
“Handcraft Industries, Small -Scale Manufacturing ” Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.
“Health/Fitness Facilities” Fitness centers, gymnasiums, health and a thletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.
“Hedge” Shrubs and/or trees planted and maintained at a spacing interval which creates a physical and/or visual barrier.
“Heliport” A designated, marked area on the ground or the top of a structure where helicopters may land at any time.
“Home Occupations” The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.
“Hotel or Motel” Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days).
Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.
“Household Pets ” The keeping/raising of birds, cats, dogs, or other common household pets, as determined by the Director, accessory to a residential use.
“Housing costs ” The monthly mortgage principal and interest, property taxes, homeowner’s insurance, and condominium fees, where applicable, for ownership units; and the monthly rent for rental units.
“HUD” The United States Department of Housing and Urban Development or its successor.
I. Definitions, "I."
“Illegal Building or Use” A building or use that does not conform to one or more of the provisions of this Development Code, and did not lawfully exist on the effective date of applicable provisions of this Development Code.
“Income eligibility” The gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled household members and all other sources of household income.
“Independent Living” Housing that is intended for elderly persons who may require some assistance but are generally able to live and function independently. These facilities are usually apartment style housing with a studio, one- bedroom or larger units, one or more bathrooms and either a kitchenette or full kitchen. Meals, housekeeping and laundry services are provided for residents. Social activities and other non-medical services, such as transportation, are sometimes offered.
“Indoor Amusement/Entertainment Facilities ” Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:
bowling alleys;
coin-operated amusement arcades;
dance halls, clubs, and ballrooms;
electronic game arcades;
ice skating and roller skating;
pool and billiard rooms as primary uses.
Five or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site.
“Intensification of Use” A change in the use of a structure or site, where the new use is required by Chapter 17.32 (Parking and Loading) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.
J. Definitions, "J."
“Junkyard” Automobile wrecking yards, any area where junk vehicles are stored, keeping or abandonment of junk, including scrap metal or other scrap materials, or
for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
K. Definitions, "K."
“Kitchen” A room or space within a building intended to be used for the cooking or preparation of food.
L. Definitions, "L."
“Land Use Permit” Authority granted by the City to use a specified site for a particular purpose, including Use Permits, Temporary Use Permits, Planned Development Permits, Variances, Zoning Clearances, as established by Article 4 (Land Use and Development Permit Procedures) of this Development Code.
“Landscaping” The planting and maintaining of an area with predominantly native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements (for example, pools, fountains, paved or decorated surfaces, but excluding driveways, parking, loading, or storage areas).
“Large Family Day Care Home” See "Community Care Facility".
“Lattice tower” A structure with three or four steel support legs that supports a variety of antennae. These towers generally range in height from 60 to 200 feet and are constructed in areas where increased height is needed, microwave antennas are required, or where the weather demands a more structurally-sound design.
“Laundries and Dry-Cleaning Plants" Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry -cleaning pick-up stores without dry cleaning equipment; see "Personal Services."
“Libraries and Museums ” Public or quasi -public facilities including aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are typically non-commercial, other than an accessory gift/book shop.
“License” A basic permit issued by a licensing agency to operate a Community Care Facility.
“Licensing Agency” A state, county or other public agency authorized by the State Department of Social Services to assume specified licensing, approval or consultation responsibilities in compliance with Health and Safety Code Section 1569.13.
“Life Care/ Continuing Care Retirement Communities ” See “Medical Services – Extended Care”.
“Live/Work Facilities” An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:
1. Complete kitchen space and sanitary facilities in compliance with the California Building Code; and
2. Working space reserved for and regularly used by one or more occupants of the unit.
“Lot, or Parcel ” A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Development Code. Types of lots include the following.
1. Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.
2. Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.
3. Interior lot. A lot abutting only one street.
4. Key lot. An interior lot, the front of which adjoins the side property line of a corner lot.
5. Reverse corner lot. A corner lot, the rear of which abuts a key lot.
6. Through lot. A lot with frontage on two generally parallel streets.
“Lot Area” Gross lot a rea is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot.
“Lot Area, Net” The portion of a parcel that is:
1. Not subject to any easement or included as a proposed public or private facility, such as an alley, highway, street, or other necessary public site within a proposed development project; or
2. Subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures.
Except as provided above, portions of a parcel to a highway easement or any other private or public easement shall not be counted as part of the net area.
“Lot Coverage” See "Site Coverage."
“Lot Depth” The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 7- 1 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.
“Lot Frontage” The boundary of a lot adjacent to a public street right-of-way.
“Lot Line or Property Line” Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 7-1 (Lot Features)):
1. Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.
2. Interior lot line. Any lot line not abutting a street.
3. Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.
4. Side lot line. Any lot line that is not a front or rear lot line.
“Lot of Record” A parcel of land held in separate ownership as shown on the county assessors records at the time of the passage of the ordinance codified in this title.
“Lot Width” The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 7- 1 (Lot Features). The Director shall determine lot width for parcels of irregular shape.
M. Definitions, "M."
“Map Act” See "Subdivision Map Act."
“Medical Services - Clinics, Offices, and Laboratories” Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:
FIGURE 7-1 - LOT FEATURES
health management organizations (HMOs);
medical and dental laboratories;
medical, dental and psychiatric offices;
out-patient care facilities;
other allied health services;
Counseling services by other than medical doctors or psychiatrists are included under "Offices."
“Medical Services - Extended Care” Residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long -term personal care facilities that do not emphasize medical treatment are included under "Community Care Facility".
“Medical Services – Hospitals” Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on- site accessory clinics and laboratories, accessory retail uses and emergency heliports (see the separate definition of "Accessory Retail Uses").
“Metal Products Fabrication, Machine and Welding Shops” Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.
blacksmith and welding shops;
sheet metal shops;
machine shops and boiler shops.
“Microbrewery” A facility where beer brewed on the premises is sold for on -site consumption.
“Microcell” A wireless communication facility that:
1. Contains a maximum of four whip or panel antennae. Each whip antenna does not exceed four inches in diameter and four feet in length. Each panel antenna does not exceed two square feet in surface area;
2. Contains a maximum of one microwave antenna no larger than 10 square feet in surface area;
3. Has an array of antennae less than 10 feet in height;
4. Is roof or structure -mounted or, if within the public right -of-way, is located on top of a light pole or telephone pole or a metal or precast concrete monopole (similar in design to a street light pole or street tree); and
5. Has a total height, if roof or structure- mounted, that does not exceed the maximum height allowed in the zoning district in which the facility is located.
“Mixed-Use Project ” A project which combines both commercial and residential uses, where the residential component is typically located above the commercial.
“Mobile Home” A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwellings."
“Mobile Home Park” Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.
“Monopole” A single, ground-mounted, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one or more antennas.
For the purpose of this Ordinance, any tree pole, flagpole, bell tower, clock tower, windmill or other similar ground-mounted, self-supporting structure that is designed to disguise antennas and their support structures shall also be deemed to be a monopole, however a monopole shall not be deemed to be a transmission tower.
“Mortuaries and Funeral Homes” Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.
“Mounted” Attached or supported.
“Multi-Family Dwellings” A building or a portion of a building used and/or designed as residences for three or more families living independently of each other.
Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multi-family housing; see also "Common Interest Developments."
N. Definitions, "N."
“Negative Declaration” A statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).
“Night Clubs and Bars” Businesses where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/o r dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities.
“Nonconforming Parcel” A parcel that was legally created prior to the adoption of this Development Code and which does not conform to current Code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.
“Nonconforming Sign” A sign which lawfully existed prior to the effective date of this Development Code, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.
“Nonconforming Structure” A structure that was legally constructed prior to the adoption of this Development Code and which does not conform to current Code provisions/standards (e.g. , open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.
“Nonconforming Use” A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Development Code and which does not conform to cu rrent Code provisions governing allowable land uses for the zoning district in which the use is located.
“Nursing Home” See “Medical Services – Extended Care”.
O. Definitions, "O."
“Occupancy” All or a portion of a structure occupied by one tenant.
“Offices” This Development Code distinguishes between the following types of office facilities. These do not include: medical offices (see "Medical Services - Clinics Offices, and Laboratories"); or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use.
1. Administrative/Business. Establishments providing direct services to consumers, such as insurance agencies, real estate offices, utility company offices, etc.
2. Government. City, and other local, state, and federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck and Freight Terminals."
3. Production. Office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include:
advertising agencies;
architectural, engineering, planning and surveying services; computer software production and programming services;
educational, scientific and research organizations;
media postproduction services;
photography and commercial art studios;
writers and artists offices.
4. Professional. Professional offices including:
accounting, auditing, and bookkeeping services;
attorneys;
counseling services;
court reporting services;
data processing services;
detective agencies and similar services;
employment, stenographic, secretarial, and word processing services; literary and talent agencies;
management and public relations services.
5. Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off -site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.
6. Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.
“Off-site” An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.
“On-site” An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.
“Open Fencing ” A barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.
“Outdoor Recreation Facilities” Facilities for various outdoor participant sports and types of recreation, including:
amphitheaters;
amusement and theme parks;
health and athletic club outdoor facilities;
miniature golf courses;
skateboard parks;
stadiums and coliseums;
swim and tennis clubs;
tennis courts;
water slides;
zoos.
May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include parks and playgrounds, which are separately defined.
“Outdoor Retail Sales and Activities ” Permanent outdoor sales and rental establishments including auto dealers, lumber and other material sales yards, newsstands, outdoor facilities for the sale or rental of other vehicles/equipment, and other uses where the business is not conducted entirely within a structure.
“Outdoor Retail Sales, Temporary” Temporary outdoor retail operations including:
Christmas trees, pumpkins or the sale of other seasonal items; farmers' markets;
food vendors;
semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows;
sidewalk or parking lot sales longer than one weekend;
retail sales from individual vehicles in temporary locations outside the public right-of-way.
P. Definitions, "P."
“Parcel” See "Lot, or Parcel."
“Parking Facilities/Vehicle Storage” Service establishments in the business of storing operative cars, trucks, buses, recreational vehicles, and other motor vehicles for clients. Includes both day -use and long- term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off -street parking required by the Development Code.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards.
“Parks and Playgrounds” Public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts. See also "Outdoor Recreation Facilities."
“Pawn Shops ” Indoor retail establishments that accept per sonal property as collateral for loans, and offer the property for sale to the public.
“Pedestrian Orientation” Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including but not limited to:
1. Street furniture;
2. Design amenities related to the street level such as awnings, paseos, arcades;
3. Visibility into buildings at the street level;
4. Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing;
5. Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of- way;
6. Continuity of building facades along the street with few interruptions in the progression of buildings and stores;
7. Signage oriented and scaled to the pedestrian rather than the motorist; and
8. Landscaping.
“Pedestrian-Oriented Use” A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover and intense social interaction.
“Permitted Use” Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
“Person” Any individual, firm, co -partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
“Personal Communication Services” A digital wireless communications technology with the capacity for multiple communication services, and which provides a system for the routing of calls to individuals rather than places, regardless of location.
“Personal Services” Establishments providing non- medical services as a primary use, including, but not limited to:
barber and beauty shops;
clothing rental;
dry cleaning pick-up stores with limited equipment;
home electronics and small appliance repair;
laundromats (self-service laundries);
massage (licensed, therapeutic, non-sexual);
psychic readers;
shoe repair shops;
spas and hot tubs;
tailors;
tanning salons;
tattoo parlors.
These uses may also include accessory retail sales of products related to the services provided.
“Planning Commission” The City of Lodi Planning Commission, appointed by the Lodi City Council in compliance with Government Code Section 65101, referred to throughout this Development Code as the "Commission."
“Plant Nurseries and Garden Supply Stores ” Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also
included under "General Retail Stores." Home greenhouses are included under "Accessory Residential Uses and Structures."
“Primary Structure” A structure that accommodates the primary use of the site.
“Primary Use ” The main purpose for which a site is developed and occupied, including the activities that are conducted on the site during most of the hours when activities occur.
“Primary Zoning District” The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied.
“Printing and Publishing ” Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services."
“Private wireless communication facility” A wireless communication facility that has not been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).
“Project” Proposed development or a new land use.
“Property Line” The recorded boundary of a parcel of land.
“Proposed Project” A proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.
“Public Safety Facilities ” Facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.
“Public Utility Facilities ” Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Gov ernment Code Section 53091:
corporation and maintenance yards;
electrical substations and switching stations;
natural gas regulating and distribution facilities;
public water system wells, treatment plants and storage; telephone switching facilities;
wastewater treatment plants, settling ponds, and disposal fields.
These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.
“Public wireless communication facility” A wireless communication facility that has been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).
Q. Definitions, "Q."
“Quarry materials storage and processing” Manufacturing facilities for the sorting, grading, and storage of aggregates as construction materials; includes concrete batch plants. A retail ready -mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores."
R. Definitions, "R."
“Radiofrequency radiation” Electromagnetic radiation in the portion of the spectrum from three kilohertz to 300 gigahertz.
“Recreational Vehicle (RV)” A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
1. Contains less than 320 square feet of internal living room area, excluding built- in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
2. Contains 400 square feet or less of gross area measured at maximum horizontal projections;
3. Is built on a single chassis; and
4. Is either self -propelled, truck -mounted, or permanently towable on the highways without a towing permit.
“Recreational Vehicle Park” A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.
“Recyclable material” Reusable domestic containers and other materials which can be reconstituted, re -manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials (see “Recycling Facilities” below).
“Recycling Facilities” This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.
1. Small Collection facility. A facility occupying an area of 500 square feet or less where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:
a. Reverse vending machine(s). An automated mechanical device which accepts at least one or more types of empty beverage containers and
issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
b. Mobile recycling unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.
c. Bulk reverse vending machine is a reverse vending machine that is larger than 50 square f eet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.
d. Kiosk-type units which may include permanent structures.
2. Large collection facility. A facility which occupies an area of more than 500 square feet and/or include permanent structures which may include the following:
a. Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end- user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Recycling - Scrap and Dismantling Yards," below:
i. Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and
ii. A heavy processing facility is any processing facility other than a light processing facility.
3. Scrap and dismantling yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; pawn shops, and other secondhand stores; the sale of operative used cars; or landfills or other waste disposal sites.
“Religious Facilities” Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, m osques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use permit required for the religious facility itself. May also include fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other establishments maintained by religious organizations, including as full-time educational institutions, hospitals and other potentially -related operations (for example, a recreational camp) are classified according to their respective activities.
“Resale controls ” Legal provisions by which the sale of affordable units will be controlled to ensure that the unit is affordable by very low- or low-income households over time.
“Research and Development (R&D)” Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufac turing, that are not associated with a manufacturing facility on the same site. Includes pharmaceutical, chemical and biotechnology research and development. Does not include computer software companies (see "Offices - Production"), soils and other mater ials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services - Clinics, Offices, and Laboratories").
“Residential Care Home” See “Community Care Facility”.
“Residential District or Zone” Any of the residential zoning districts established by Section 17.10.020 (Zoning Districts Established).
“Residential Project” A housing development at one location including all units for which permits have been applied for or approved within a 12-month period, intended and designed for permanent occupancy, including but not limited to single- family dwellings, duplexes, triplexes, fourplexes, apartments, multiple-dwelling structures, or group of dwellings, condominium development, townhouse development, cooperative, or land division.
“Residential Shelters” Facilities for the temporary shelter and feeding of indigents or disaster victims, operated by a public or non-profit agency.
“Restaurant” A retail business selling ready -to-eat food for on- or off -premise consumption. These include eating establishments where customers are served from a walk -up ordering counter for either on - or off -premise consumption, and establishments where most custom ers are served food at tables for on -premise consumption, but may include providing food for take- out. Also includes coffee houses.
“Review Authority” The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 6 (Development Code Administration).
“Roadside Stands” Open structures for the retail sale of agricultural products, located on the site or in the area of the property where the products being sold were grown.
Does not include field sales or agricultural products, which is included under "Production of Crops."
“Rooming and Boarding Houses” The renting of individual bedrooms within a dwelling to two or more unrelated people, whether or not meals are provided.
S. Definitions, "S."
“Schools” Public and private educational institutions, including:
boarding schools;
business, secretarial, and vocational schools;
community colleges, colleges, and universities;
elementary, middle, and junior high schools;
establishments providing courses by mail;
high schools;
military academies;
professional schools (law, medicine, etc.);
seminaries/religious ministry training facilities.
Also includes specialized schools offering instruction in the following:
Art;
ballet and other dance;
computers and electronics;
drama;
driver education;
language;
music.
Also includes facilities, institutions , and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Community Care Facility"). See also the definition of "Studios - Art, Dance, Music, Photography, etc." for smaller-scale facilities offering specialized instruction.
“Secondary Dwelling Unit ” An additional living unit on a lot within a single- family zone. A second unit is a self -contained unit with separate kitchen, living and sleeping facilities. A second unit can be created by (a) altering a single -family dwelling to establish a separate unit or (b) adding a separate unit onto an existing dwelling.
“Section 404 or Section 10 Permit ” The permits issued by U.S. Army Corps of Engineers (ACE) establishing wetlands delineations and conditions governing activities therein.
“Senior Apartments” Multifamily residential projects where occupancy is limited to people of fifty-five (55) years of age or older.
“Senior Continuum of Care Complex” See “Community Care Facility” and “Medical Services – Extended Care”.
“Senior Citizen” An adult 55 years or older.
“Setback” The distance by which the wall of a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the ease ment to the wall of the structure. See also "Yard." Figure 7-2 (Setbacks) shows the location of front, side, street side and rear setbacks. Figure 7- 3 (Flag Lot Setbacks) below, shows the location of front yard setbacks for flag lots.
FIGURE 7-2
LOCATION AND MEASUREMENT OF SETBACKS
“Sign” A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following.
1. Abandoned Sign. A sign advertising a use, occupancy, or product which no longer exists, in the event of billboards, or which no longer exists on the site where the sign is located, in the case of on-site signs, for a period of 90 days..
2. Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.
3. Awning Sign. A sign copy or logo attached to or painted on an awning.
4. Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non- rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
5. Bench Sign. Copy painted on a portion of a bench.
6. Business Identification Sign. A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.
7. Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.
8. Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.
FIGURE 7-3
FLAG LOT SETBACKS
9. Civic Event Sign. A temporary sign, posted to advertise a civic event sponsored by a public agency, school, church, civic -fraternal organization, or similar noncommercial organization.
10. Contractor or Construction Sign. A sign which states the name of the developer and contractor(s) working on the site and related engineering, architectural or financial firms involved with the project.
11. Directional Sign. An on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.
12. Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.
13. Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.
14. Flashing Sign. A sign that contains an intermittent or sequential flashing light source.
15. Future Tenant Identification Sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure.
16. Garage Sale Sign. A sign with a message advertising the resale of personal property that has been used by the resident.
17. Grand Opening. A promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand Opening" does not mean an annual or occasional promotion of retail sales by a business.
18. Ground Mounted Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs.
19. Holiday Decoration Sign. Temporary seasonal signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and which contain no advertising message.
20. Illegal Sign. A sign which includes any of the following:
a. A sign erected without first complying with all regulations in effect at the time of its construction or use;
b. A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days;
c. A sign that was legally erected which later became nonconforming as a result o f the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;
d. A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;
e. A sign which is a danger to the public or is unsafe;
f. A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the Town; or
g. A sign that pertains to a specific event, and five days have elapsed since the occurrence of the event.
21. Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance.
22. Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.
23. Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.
24. Monument Sign. An ind ependent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.
25. Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of more than one tenant on the site.
26. Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Development Code, but does not now completely comply with current regulations.
27. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.
28. Off-Site Sign. A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise. Also known as a billboard sign.
29. Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
30. Political Sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.
31. Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.
32. Portable Sign. A sign that is not permanently affixed to a structure or the ground.
33. Programmable Electronic Sign. A changeable and illuminated sign made up of a field of individual electronic elements or mechanical grids that , when programmed and activated, create still or moving images, words, or numbers.
34. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.
35. Promotional Sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.
36. Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.
37. Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.
38. Special Event Sign/Banner . A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).
39. Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right -of-way, parking area or neighboring property.
40. Under Marquee Sign. A sign suspended from a marquee or canopy.
41. Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent t o any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
42. Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign a pproximately parallel to the building wall.
43. Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.
“Sign Area” The entire area within a perimeter defined by a continuous line composed of right angles using no more than four lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.
“Sign Height” The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.
“Single-Family Dwelling” A building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the California Building Code, and mobile homes/manufactured housing on
permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.
“Site” A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
“Site Coverage” The percentage of total site area occupied by structures, and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.
See Figure 7-4 (Site Coverage).
“Skilled Nursing Facility” See “Medical Services – Extended Care”.
“Stealth facility ” A communications facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as concealed antenna.
“Storage – Indoor” The storage of various materials entirely within a structure, as the primary use of the structure. Includes personal storage facilities (mini-storage), which are structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.
“Storage – Outdoor” The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
“Street” A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, FIGURE 7-4 SITE COVERAGE
highway, road, and any other thoroughfare except an alley as defined in this Subsection.
“Street Line” The boundary between a street right-of-way and property.
“Structure” Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Development Code, the term "structure" includes "buildings."
“Structural Alteration ” Any chang e tending to prolong the life of the supporting members of a building, such as bearing walls, columns, beams, or girders.
“Studios for Art, Dance, Music, Photography, etc. ” Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "Schools - Specialized education and training." These include facilities for: individual and group instruction and training in the arts; production rehearsal ; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.
“Subdivision” The division, by any sub divider, of any unit or portion of land shown on the latest equalized San Joaquin County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future.
Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.
“Subdivision Map Act, or Map Act ” Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.
“Supportive Housing” Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supporting housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive Housing is treated the same as a residential use in a residential zone.
T. Definitions, "T."
“Telecommunications Facilities ” Public, commercial and priv ate electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite- based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections (see "Utility Infrastructure").
“Temporary Structure” A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Temporary Use” A use of land that is designed, operated and occupies a site for a limited period of time, typically less than 12 months.
“Tenant” A person who occupies land or property rented from a landlord.
“Theaters and auditoriums ” Indoor facilities for public assembly and group entertainment, other than sporting events, including:
civic theaters, and facilities for "live" theater and concerts; exhibition and convention halls;
motion picture theaters;
public and semi-public auditoriums;
similar public assembly uses.
Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events."
“Transitional Housing ” Building configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time , which shall be no less than six months.
Transitional Housing is treated the same as a residential use in a residential zone.
“Truck and Freight Terminals ” This land use consists of transportation establishments furnishing services incidental to air, mo tor freight, and rail transportation including:
freight forwarding services;
freight terminal facilities;
joint terminal and service facilities;
packing, crating, inspection, and weighing services;
postal service bulk mailing distribution centers;
transportation arrangement services;
trucking facilities, including transfer and storage.
These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.
“Two Unit Urban Residential Development” Development of dwelling units and Accessory Dwelling Units per Section 17.36.160 of this Code.
“Utility Infrastructure” Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transm ission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include of fices or service centers (see "Offices"), or distribution substations (see "Utility Facilities").
V. Definitions, "V."
“Variance” A discretionary entitlement that may waive or relax the development standards of this Development Code, in compliance with 17.40.050 (Variances).
“Vehicle Service” Establishments primarily engaged in the maintenance, service, diagnosis, repair, or painting of automobiles, motorcycles, scooters, mopeds, light trucks, vans, trailers, and recreational vehicles subject to the registration with the California Bureau of Automotive Repair.
“Veterinary Clinics, Animal Hospitals, Kennels ” Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commerc ial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.
“Voluntary” Resulting from free will.
W. Definitions, "W."
“Warehouse Retail” Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.
“Warehouses, Wholesaling, and Distribution” These facilities include:
1. Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include:
warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "Storage - Indoor"); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Vehicle and Freight Terminals").
2. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:
agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products;
merchant wholesalers;
stores primarily selling electrical, plumbing, heating, and air conditioning supplies and equipment.
“Wireless communication facility” Any public or private structure that supports antennae, microwave dishes, and other related equipment that sends and/or receives radio frequency signals.
50 X. Definitions, "X." No specialized terms beginning with the letter "X" are used at this time.
Y. Definitions, "Y."
“Yard” An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Section 17.14.060 (Setback Measurement and Exceptions) and Figure 7-2 (Setbacks).
1. Front yard. An area extending across the full width of the lot between the front lot line and the required setback.
2. Rear yard. An area extending the full width of the lot between a rear lot line and the required setback.
3. Side yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.
Z. Definitions, "Z."
“Zero Lot Line” The location of a building on a lot in a manner that one or more building edges rest directly on a lot line.
“Zoning Clearance” A ministerial issued by the Department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this Development Code.
“Zoning District ” Any of the residential, commercial, industrial, special purpose, or overlay districts established by Article 2 of this Development Code (Land Use Development Standards), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).
“Zoning Ordinance” The Lodi Development Code, Title 17 of the Lodi Municipal Code, referred to herein as "this Development Code."
SECTION 4. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
SECTION 5. No Mandatory Duty of Care. This ordinance is not intended to, and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.