Revised 10/2021 1/12/2023 10:16 AM
For information regarding this Agenda please contact:
Olivia Nashed
City Clerk
Telephone: (209) 333-6702
A. Call to Order / Roll Call
B. Presentations – None
C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion.
There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.
C-1 Receive Register of Claims for December 16, 2022 through December 29, 2022 in the Total Amount of $7,893,015.86 (FIN)
C-2 Approve Minutes (CLK)
a) December 7, 2022 (Regular Meeting)
b) January 3 and January 10, 2023 (Shirtsleeve Sessions)
Res. C-3 Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Electric Substation Power Transformer from Delta Star Incorporated, of San Carlos ($2,000,000) (EU)
Res. C-4 Adopt Resolution Awarding Contract for Solids Handling Facility Improvements at White Slough Water Pollution Control Facility, to Garney Pacific, Inc., of Tracy ($2,424,725) (PW)
LODI CITY COUNCIL
Carnegie Forum
305 West Pine Street, Lodi
Notice Regarding Public Comments
Public Comment may be submitted in the following ways:
• In-person – The Carnegie Forum is open to the public in accordance with CDPH and CalOSHA guidelines.
• Zoom Webinar
Meeting ID: 820 6377 0661
Passcode: 356498
Phone number: 1 253 215 8782 or 1 346 248 7799
Link: https://us06web.zoom.us/j/82063770661?pwd=N2xpOXE2bmVJUjg5ODFzRkVHUlJ5Zz09 Public comment received via email, mail, or hand delivery will be provided to the City Council and included in the official minutes of the meeting, but will not be read aloud at the meeting. • Email – [email protected]
Received no later than two hours prior to the meeting • Mail – City Clerk’s Office, P.O. Box 3006, Lodi, CA 95241 • Hand delivered to: City Clerk’s Office, 221 W. Pine Street, Lodi, CA 95240 Received no later than two hours prior to the meeting 6:55 p.m. Invocation/Call to Civic Responsibility . Invocations/Calls may be offered by any of the various religious and non- religious organizations within and around the City of Lodi. These are voluntary offerings of private citizens, to and for the benefit of the Council. The views or beliefs expressed by the Speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the beliefs or views of any speaker.
AGENDA – Regular Meeting
Date: January 18, 2023
Time: 7:00 p.m.
CITY COUNCIL AGENDA
JANUARY 18, 2023
PAGE TWO
Res. C-5 Adopt Resolution Authorizing City Manager to Execute Change Order No. 2 with Westech Industries, Inc., of Escalon, for Directional Drilling, Excavation and Conduit Installation Services for State of California Natural Gas Power Plant Project ($1,690,000) (EU)
Res. C-6 Adopt Resolution Authorizing City Manager to Execute Tow Service Contract for Police Rotational Towing Services with Haynes Brothers Investments, LLC, of Lodi (PD)
Res. C-7 Adopt Resolution Authorizing City Manager to Execute Five-Year Professional Services Agreement for Animal Services Veterinary Oversight with Elaine M. Dornton, DVM, of Acampo ($100,000) (PD)
Res. C-8 Adopt Resolution Authorizing City Manager to Execute Amendment No. 6 to Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for Consulting and Project Management Services for Central Plume Area, Monitoring Well Abandonment, SGMA and City-wide Plume Management ($500,600), and Appropriating Funds ($500,600) (PW)
Res. C-9 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with O’Dell Engineering, Inc., of Modesto, for On-Call Landscape Architectural Services ($35,000) (PW)
Res. C-10 Adopt Resolution Approving Renewal of Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and Further Authorizing City Manager to Execute Agreement (HR)
Res. C-11 Adopt Resolution Authorizing City Manager to Execute Outdoor Equity Grant Contract with State of California (July 1, 2020 through June 30, 2027), Accept Grant Funds, and Appropriate Funds ($654,285) (PRCS)
Res. C-12 Adopt Resolution Authorizing City Manager to Execute Contract with One-Eighty Programs, a California Non-Profit Corporation, to Provide Natural Area Excursions for City’s Outdoor Educational Activities and Excursions Program for Three Years ($220,764) (PRCS)
Res. C-13 Adopt Resolution Authorizing City Manager to Sign and Submit Application for Boat Launching Facilities Grant from Division of Boating and Waterways, Harbors and Watercraft Revolving Fund for Replacement of Non-Motorized Boat Launch at Lodi Lake (Up to $150,000) (PRCS)
C-14 Appoint Gary Woehl and Terence Spring to Measure L Citizens’ Oversight Committee and Repost for Remaining Vacancy on Measure L Citizens’ Oversight Committee (CLK)
C-15 Accept Monthly Protocol Account Report through December 31, 2022 (CLK)
C-16 Set Public Hearing for February 15, 2023, to Consider Adopting Resolution Setting Pre- Approved Engineering News Record Adjustment Index for Usage-Based and Flat Water Rates for Residential, Commercial, and Industrial Customers (PW)
D. Comments by the Public on Non-Agenda Items
THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l) . The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need t o take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda.
If you wish to address the Council, please refer to the Notice at the beginning of this agenda. Individuals are limited to one appearance during this section of the Agenda.
CITY COUNCIL AGENDA
JANUARY 18, 2023
PAGE THREE
E. Comments by the City Council Members on Non-Agenda Items
F. Comments by the City Manager on Non-Agenda Items
G. Ordinances
Ord. G-1 Adopt Ordinance No. 2014 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal (Adopt) Code Title 15 – Buildings and Construction – by Reenacting Chapter 15.66, ‘County Facilities Fees’ (CLK)
H. Public Hearings
Res. H-1 Public Hearing to Consider Resolution Adopting and Implementing Collection of San Joaquin County Facilities Fees, CEQA Determination: Exempt per Section 15061(b)(3) of CEQA Guidelines, 2022 (CD)
Res. H-2 Public Hearing to Receive Annual Report of Available Growth Allocations and Consider Adopting Resolution Revising Growth Management Program Procedures to Allow Issuing Growth Allocations for Projects on Land Not Yet Annexed (CD)
I. Regular Calendar
I-1 Confirm Lodi Arts Commission Recommendation to Appoint Nancy Aide Gonzalez St. Clair as Lodi’s First Poet Laureate (PRCS)
J. Adjournment
Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.
______________________________
Olivia Nashed
City Clerk
All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. Agendas and staff reports are also posted on the City’s website at www.lodi.gov . If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at least 72 hours prior to the meeting date. Language interpreter requests must be rec eived at least 72 hours in advance of the meeting to help ensure availability. Contact Olivia Nashed at (209) 333- 6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Olivia Nashed (209) 333-6702.
Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link.
Members of the public may view and listen to the open session of this teleconference meeting at www.facebook.com/CityofLodi/ or https://us06web.zoom.us/j/82522868353?pwd=cFh1S2VWUmZHR0pCbmZyTitHZ05kQT09.
AGENDA ITEM C-01
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Register of Claims for December 16, 2022 through December 29, 2022 in the Total Amount of $7,893,015.86
MEETING DATE: January 18, 2023
PREPARED BY: Internal Services Director
RECOMMENDED ACTION: Receive the attached Register of Claims for $7,893,015.86.
BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $7,893,015.86 for December 16, 2022 through December 29, 2022. Also attached is Payroll in the amount of $2,251,181.23 through December 25, 2022.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: As per attached report.
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
City of Lodi Live v2021.6 1/3/2023 2:41:16 PM
Fund Fund Title Amount
100 General Fund $1,408,747.40
120 Library Fund $7,248.55
140 Expendable Trust $18,541.50
200 Parks Rec & Cultural Services $40,061.43
205 State Grants $3,848.50
214 LPD-OTS Grants $64.38
216 PD Misc Grants $3,247.75
270 Comm Dev Special Rev Fund $26,218.74
301 Gas Tax-2105 2106 2107 $76,003.18
350 H U D $13,204.90
355 GRANTS COMM. IMPR $99,759.10
410 Library Capital Account $218,711.75
431 Capital Outlay/General Fund $258,418.86
432 Parks & Rec Capital $142,542.00
500 Electric Utility Fund $4,489,495.48
501 Utility Outlay Reserve Fund $119,631.60
504 Public Benefits Fund $26,234.79
508 Environmental Compliance $228,631.00
530 Waste Water Utility Fund $309,602.35
531 Waste Wtr Util-Capital Outlay $1,457.11
560 Water Utility Fund $34,650.47
600 Dial-a-Ride/Transportation $216,925.22
647 Vehicle replacement PRCS $31,327.18
650 Internal Service/Equip Maint $27,256.65
655 Employee Benefits $50,979.95
660 General Liabilities $6,250.00
665 Worker's Comp Insurance $31,302.16
801 L&L Dist Z1-Almond Estates $2,653.86
Total $7,893,015.86
AP Council Report Summary
12/16/2022-12/29/2022
Fund Description Amount
$1,181,266.96
$302,062.33
$22,564.11
$119,839.20
$758.50
$1,451.61
$48,192.76
$46,481.97
$250,498.55
$53,782.35
$167,274.27
$27,886.06
$9,020.06
$20,102.50
Report Total $2,251,181.23
560 Water Utility Fund
600 Dial-a-Ride/Transportation
650 Internal Service/Equip Maint
500 Electric Utility Fund
501 Utility Outlay Reserve Fund
530 Waste Water Utility Fund
219 LPD-ABC Grant
270 Comm Dev Special Rev Fund
301 Gas Tax-2105 2106 2107
120 Library Fund
200 Parks Rec & Cultural Services
214 LPD-OTS Grants
Council Report: Payroll
Pay Period: 12/25/2022
100 General Fund
103 Measure L
City of Lodi Live v2021.6 1/3/2023 2:42:36 PM
AGENDA ITEM C-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Approve Minutes
a) December 7, 2023 (Regular Meeting)
b) January 3, 2023 (Shirtsleeve Session)
c) January 10, 2023 (Shirtsleeve Session)
M
EETING DATE: January 18, 2023
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Approve the following minutes as prepared:
a) December 7, 2023 (Regular Meeting)
b) January 3, 2023 (Shirtsleeve Session)
c) January 10, 2023 (Shirtsleeve Session)
BAC
KGROUND INFORMATION: Attached is a copy of the subject minutes marked Exhibit A through C, respectively.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
Attachments
LODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, DECEMBER 7, 2022
C-1 Call to Order / Roll Call
The City Council Closed Session meeting of December 7, 2022, was called to order by Mayor Chandler at 6:47 p.m.
Present: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Absent: None
Also Present: Deputy City Manager Keys, City Attorney Magdich, and City Clerk Nashed C-2 Announcement of Closed Session
a) Conference with Adele Post, Human Resources Manager, and Andrew Keys, Deputy City Manager (Labor Negotiators), Regarding Lodi Professional Firefighters, Lodi Police Dispatchers Association, AFSCME General Services and Maintenance & Operators, Executive Managers, and Appointed Employees Pursuant to Government Code §54957.6 and §54957 (CM) b) Actual Litigation: Government Code Section 54956.9; Two Applications; Mark Azevedo v. City of Lodi, Workers’ Compensation, WCAB Case #ADJ10852658 (02/07/17), #ADJ11015708 (CT-2/7/17) (CA) C-3 Adjourn to Closed Session
At 6:48 p.m., Mayor Chandler adjourned the meeting to a Closed Session to discuss the above matters. The Closed Session adjourned at 6:54 p.m.
C-4 Return to Open Session / Disclosure of Action
At 7:00 p.m., Mayor Chandler reconvened the City Council meeting, and City Attorney Magdich disclosed the following actions.
Item C-2a) was discussion only, with no further reportable action.
Item C-2b) was discussion and direction given, with no further reportable action.
A.
Call to Order / Roll Call
The Regular City Council meeting of December 7, 2022, was called to order by Mayor Chandler at 7:00 p.m.
B.
Presentations
B-1 Mayor’s Community Service Awards (CLK)
Mayor Chandler presented the Mayor's Community Service Awards to Officer Michael Cascio and Mr. Johnny Coughran.
B-2 Presentation to Retiring Members of Boards, Committees, Commissions, and Task Forces (CLK) Mayor Chandler presented a certificate of recognition to William Cummins - Planning Commission. Other recipients who were unable to attend included: Lodi Arts Commission - Julieanne Martin, Lani Eklund, and Bailey Caswell; Greater Lodi Area Youth Commission Student Members - Talia Duran, Kyle Armknecht, Benjamin Plath, Rayleen Salgado, Ella Waters, Clair Selling, and Merit Onyekwerer; Greater Lodi Area Youth Commission Adult Advisors - Bre Meyer and Jennifer Phillips-Lorentzen; Library Board of Trustees - Eugene Chow and Richard Seim; Measure L Citizens' Oversight Committee - Phil Pennino; Planning Commission - Julieann Martin; Senior Citizens Commission - Jill Hernandez and Pat Hill; and Lodi Improvement Committee - Magdalena Saldana, Vanessa Madrigal-Lauchland, and David Diskin.
B-3 Conchas with the Cops Proclamation (CLK)
Exhibit A
Mayor Chandler presented a proclamation to Sandra Vargas and Monica Valenzuela, of the Eastside Business Coalition, in recognition of the Conchas with the Cops event.
B-4 Presentation to Outgoing Mayor (CLK)
Deputy City Manager Keys made a presentation to outgoing Mayor Mark Chandler.
C. Consent Calendar (Reading; Comments by the Public; Council Action) All matters listed on the consent calendar are considered to be routine and will be acted upon by one motion. There will be no separate discussion of these items. If a member of the public would like a consent calendar item pulled and discussed separately, refer to the Notice at the beginning of this agenda.
Council Member Kuehne made a motion, second by Council Member Nakanishi, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
C-1 Receive Register of Claims for October 28, 2022 through November 17, 2022 in the Total Amount of $5,310,485.54 (FIN)
Claims were approved in the amount of $5,310,485.54.
C-2 Approve Minutes (CLK)
The minutes of November 2, 2022 (Regular Meeting), November 15, 2022 (Shirtsleeve Session), November 22, 2022 (Shirtsleeve Session), November 29, 2022 (Shirtsleeve Session), and November 29, 2022 (Special Meeting) were approved as written.
C-3
Adopt Resolution Ratifying City Manager’s Approval of Mobile Field Force and Special Weapons and Tactics Transportation Van Purchase from Showcase Auto Sales, Inc., of Modesto ($60,000) (PD) Adopted Resolution No. 2022-287 ratifying the City Manager's approval of Mobile Field Force and Special Weapons and Tactics transportation van purchase from Showcase Auto Sales, Inc., of Modesto, in the amount of $60,000.
C-4
Adopt Resolution Ratifying Purchase of 14 Pad-Mount Transformers from Anixter, Incorporated, of Benicia ($693,295.79) (EU)
Adopted Resolution No. 2022-288 ratifying the purchase of 14 pad-mount transformers from Anixter, Incorporated, of Benicia, in the amount of $693,295.79.
C-5 Approve Plans and Specifications and Authorize Advertisement for Bids for Salas Park Parking Lot Improvements (PW)
Approved plans and specifications and authorized advertisement for bids for Salas Park Parking Lot Improvements.
C-6 Approve Plans and Specifications and Authorize Advertisement for Bids for Turner Road and Century Boulevard Resurfacing Project (PW)
Approved plans and specifications and authorized advertisement for bids for Turner Road and Century Boulevard Resurfacing Project.
C-7 Accept Improvements Under Contract for Garfield Street Safe Routes to School (PW) Council Member Khan pulled this item.
Council Member Khan thanked Public Works and asked Public Works Director Swimley about the utilization of the remaining funds from the contract. Public Works Director Swimley provided a brief report regarding the remaining amount of funds and possible projects.
Discussion ensued between Council Member Nakanishi and Public Works Director Swimley regarding how Public Works was awarded the grant funds for this project.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to accept the improvements under the contract for Garfield Street Safe Routes to School.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
C-8 Adopt Resolution Accepting Gateway South Subdivision, Unit No. 2, Tract No. 3942, Public Improvements, Amending Traffic Resolution No. 97-148 by Approving Stop Controls on Mahogany Drive at Lower Sacramento Road and Blossom Drive, Two-Way Stop Control on Lyndon Street at Mahogany Drive, and Stop Controls on Oleander Drive at Blossom Drive and Elan Street (PW) Council Member Nakanishi pulled this item.
Council Member Nakanishi asked for a brief report on the item. Public Works Director Swimley provided a report regarding meeting with the residents of the subdivision, discussion with residents regarding actions that can be taken to mitigate traffic concerns, and what traffic concerns this action addresses.
Council Member Kuehne made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-289 accepting Gateway South Subdivision, Unit No. 2, Tract No. 3942, public improvements, amending Traffic Resolution No. 97-148 by approving stop controls on Mahogany Drive at Lower Sacramento Road and Blossom Drive, two-way stop control on Lyndon Street at Mahogany Drive, and stop controls on Oleander Drive at Blossom Drive and Elan Street.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
C-9 Adopt Resolution Authorizing City Manager to Execute Improvement Agreement Addendum No. 2 for Gateway South Subdivision, Unit No. 3, Tract No. 4079 (PW) Adopted Resolution No. 2022-290 authorizing the City Manager to execute Improvement Agreement Addendum No. 2 for Gateway South Subdivision, Unit No. 3, Tract No. 4079.
C-10 Adopt Resolution Authorizing City Manager to Execute Landscape Maintenance Agreement with State of California for State Route 99/Turner Road Interchange Improvements (PW) Adopted Resolution No. 2022-291 authorizing the City Manager to execute a Landscape Maintenance Agreement with the State of California for State Route 99/Turner Road Interchange Improvements.
C-11 Adopt Resolution Authorizing City Manager to Execute Two-Year Professional Services Agreement with WGR Southwest, Inc., of Los Alamitos, for Stormwater Support Services ($182,320) (PW) Adopted Resolution No. 2022-292 authorizing the City Manager to execute a two-year Professional Services Agreement with WGR Southwest, Inc., of Los Alamitos, for stormwater support services, in the amount of $182,320.
C-12
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Mintier Harnish, LP, a California Limited Partnership, for Preparation of Housing Element Update (Not to Exceed $500,000) and Appropriate Funds ($500,000) (CD)
Adopted Resolution No. 2022-293 authorizing the City Manager to execute a Professional Services Agreement with Mintier Harnish, LP, a California Limited Partnership, for preparation of a Housing Element Update, in an amount not to exceed $500,000; and appropriating funds in the amount of $500,000.
C-13
Adopt Resolution Authorizing City Manager to Execute Three-Year Professional Services Agreement for Recreational Vehicle Abatement Services with Mach One Towing, of Lodi ($66,300) (PD) Adopted Resolution No. 2022-294 authorizing the City Manager to execute a three-year Professional Services Agreement for recreational vehicle abatement services with Mach One Towing, of Lodi, in the amount of $66,300.
C-14
Adopt Resolution Authorizing City Manager to Execute Amendment No.1 to Professional Services Agreement with Quest Media and Supplies, Inc., for Transit Division Video Surveillance System Licensing and Equipment Replacement ($55,000) (ISD)
Adopted Resolution No. 2022-295 authorizing the City Manager to execute Amendment No.1 to the Professional Services Agreement with Quest Media and Supplies, Inc., for Transit Division video surveillance system licensing and equipment replacement, in the amount of $55,000.
C-15
Adopt Resolution Authorizing Police Chief to Accept Grant and Execute Contract Administered by Department of Alcoholic Beverage Control and Appropriate Funds ($30,000) (PD) Adopted Resolution No. 2022-296 authorizing the Police Chief to accept the grant and execute the contract administered by the Department of Alcoholic Beverage Control and appropriate funds in the amount of $30,000.
C-16
Adopt Resolution Approving Arts Grants for Fiscal Year 2022/2023 (PRCS) Adopted Resolution No. 2022-297 approving Arts Grants for Fiscal Year 2022/2023.
C-17 Adopt Resolution Approving Addition of State of California 48 Megawatt Natural Gas Power Plant Project to Capital Improvement Program, Approving Budget, and Appropriating Funds ($4,300,000) (ISD)
Adopted Resolution No. 2022-298 approving the addition of State of California 48 Megawatt Natural Gas Power Plant Project to the Capital Improvement Program, approving the budget, and appropriating funds in the amount of $4,300,000.
C-18
Approve Lodi Tourism Business Improvement District (LTBID) 2021 Annual Report (ISD) Approved the Lodi Tourism Business Improvement District (LTBID) 2021 Annual Report.
C-19 Adopt Resolution Accepting Fiscal Year 2021/2022 Measure L Citizen’s Oversight Committee Annual Accountability Report and Accepting Committee’s Recommendation to Create a One-Page Flyer to Promote Successes of Measure L (ISD)
Adopted Resolution No. 2022-299 accepting Fiscal Year 2021/2022 Measure L Citizen's Oversight Committee Annual Accountability Report and accepting the Committee's recommendation to create a one- page flyer to promote the successes of Measure L.
C-20
Appoint Hector Soto as a Greater Lodi Area Youth Commission Adult Advisor and Peter Rosado to the Site Plan and Architectural Review Committee (CLK)
Made the following appointments:
Greater Lodi Area Youth Commission - Adult Advisor
Hector Soto - Term to expire May 31, 2026
Site Plan & Architectural Review Committee
Peter Rosado - Term to expire January 1, 2027
C-21
Adopt Resolution Modifying the “Protocol Account” Policy to Increase the Expenditures Limit Made from City “Protocol Account” (CLK)
Adopted Resolution No. 2022-300 modifying the "Protocol Account" Policy to increase the expenditures limit made from City "Protocol Account."
D. Comments by the Public on Non-Agenda Items THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.
Alex Aliferis provided public comment regarding trash in the streets of Lodi and COVID-19.
Lance Dupriest provided public comment regarding Kofu Skate Park.
Pat Byron provided public comment regarding Kofu Skate Park and provided a Supplemental document (filed).
Chelsea Taylor provided public comment regarding Kofu Skate Park.
Rudy Atler provided public comment regarding Kofu Skate Park.
Lisa Craig provided public comment regarding Pearl Harbor and Samuel Merritt Gantner.
Mushtaq Tahirkheli provided public comment regarding his campaign for California State Assembly in 2022.
Chris Rieck provided public comment regarding Kofu Skate Park.
E.
Comments by the City Council Members on Non-Agenda Items Council Member Nakanishi acknowledged the residents that submitted public comments on the skate park and thanked Council Member Kuehne and Mayor Chandler for their service on the City Council.
Council Member Kuehne provided an update on the Kiwanis Light Parade event, thanked Council Member Nakanishi for his kind words, acknowledged the residents that submitted public comments on the skate park and provided information regarding the last Lodi Chamber of Commerce meeting of 2022.
Council Member Khan acknowledged the residents that submitted public comments regarding the skate park, provided an update on his attendance at the Light Parade, thanked Mayor Chandler and Council Member Kuehne for their service on the City Council and leadership, requested residents assist homeless individuals during the winter season, and stated he will be hosting a blanket and toy drive in District 4.
Mayor Pro Tempore Hothi thanked Mayor Chandler for his service on the City Council and his leadership, and reminded all of the Lodi Fire Foundation Holiday event.
Mayor Chandler provided an update on Mr. Riccardo Viaggi's visit from Lodi, Italy.
F.
Comments by the City Manager on Non-Agenda Items
Deputy City Manager Keys expressed his appreciation for Mayor Chandler's and Council Member Kuehne's leadership through their roles on the City Council.
G. Public Hearings – None
H. Regular Calendar
H-1 Receive and File City’s Annual Comprehensive Financial Report (Fiscal Year 2021/22) by The Pun Group (ISD)
Vanessa Burke, Partner of the Pun Group, provided a PowerPoint presentation on the City's Annual Comprehensive Financial Report. Specific topics of discussion included scope of work, annual required communications, management's responsibilities, auditors' responsibilities, audit results, overview of financial statements, key financial indicators - sales tax trend, net cost of service to tax revenues, General Fund Reserves available fund balance to annual expenditures, GASB 68 (Pension Standard), GASB 75 (OPEB Standard), summary of findings and recommendations, and summary of unposted audit adjustments.
Discussion ensued between Council Member Kuehne and Deputy City Manager Keys regarding the driving factors for the fluctuation in funds between 2021 and 2022.
Further discussion ensued between Council Member Nakanishi, Council Member Kuehne, Pun Group Consultant Burke, and Deputy City Manager Keys regarding the efficiency of the City of Lodi's report compared to other cities, the impacts of Measure L on the City's budget, and the status of the PERS Stabilization Fund.
Council Member Kuehne made a motion, second by Council Member Nakanishi, to receive and file the City's Annual Comprehensive Financial Report (Fiscal Year 2021/22) by The Pun Group.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-2 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and AFSCME – General Services for Period January 1, 2023 through December 31, 2025 (ISD) Human Resources Manager Adele Post provided a brief background report regarding the Memorandum of Understanding with AFSCME - General Services.
Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-301 approving the Memorandum of Understanding between the City of Lodi and AFSCME - General Services for the period January 1, 2023 through December 31, 2025.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-3 Adopt Resolution Approving Memorandum of Understanding between City of Lodi and AFSCME – Maintenance & Operators for Period January 1, 2023 through December 31, 2025 (ISD) Human Resources Manager Adele Post provided a brief report regarding the Memorandum of Understanding with AFSCME - Maintenance and Operators. Specific topics of discussion included an increase in boot allowance and the stipulation for biohazard pay to certain positions.
Council Member Kuehne made a motion, second by Council Member Khan, to adopt Resolution No. 2022- 302 approving the Memorandum of Understanding between the City of Lodi and AFSCME - Maintenance & Operators for the period January 1, 2023 through December 31, 2025.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-4 Adopt Resolution Approving Side-Letter Agreement between City and Lodi Professional Fire Fighters to Provide Paramedic Incentives (ISD)
Human Resources Manager Adele Post provided a report regarding the Side-Letter agreement with Lodi Professional Fire Fighters to provide paramedic incentives. Specific topics of discussion included paramedic incentive pay, accreditation requirements, number of accredited personnel to receive stipend, stipend amount for State-certified paramedics, incentive pay for State-certified and accredited paramedics, and funding to be provided for additional education.
Discussion ensued between Council Member Kuehne and Fire Chief Ken Johnson regarding requirements set by the County in order to move forward with the Advanced Life Support (ALS) program.
Council Member Kuehne made a motion, second by Council Member Khan, to adopt Resolution No. 2022- 303 approving the Side-Letter Agreement between the City and Lodi Professional Fire Fighters to provide paramedic incentives.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-5 Adopt Resolution Approving Side-Letter Agreement between City and Lodi Police Dispatchers Association to Provide Training Incentive of Five Percent for Dispatchers/Jailers Who Provide Training to Newly-Hired Dispatcher/Jailers (ISD)
Human Resources Manager Adele Post provided a report regarding the Side-Letter Agreement with Lodi Police Dispatchers Association to provide training incentive.
Council Member Nakanishi made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022-304 approving the Side-Letter Agreement between the City and Lodi Police Dispatchers Association to provide training incentive of five percent for Dispatchers/Jailers who provide training to newly-hired Dispatcher/Jailers.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-6 Adopt Resolution Approving Addendum to Memorandum of Understanding between City of Lodi and the Lodi Police Dispatchers Association for Period July 1, 2022 through June 30, 2025, Providing an Additional One Percent Wage Increase (ISD)
Human Resources Manager Adele Post provided a report regarding the Addendum to the Memorandum of Understanding with Lodi Police Dispatchers Association, requesting an additional one percent wage increase so that the group receives the same percentage increase as the other bargaining groups throughout the three-year terms of the contracts.
Council Member Khan made a motion, second by Mayor Pro Tempore Hothi, to adopt Resolution No. 2022- 305 approving Addendum to Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the period July 1, 2022 through June 30, 2025, providing an additional one percent wage increase.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-7 Adopt Resolution Approving Revisions to Contracts for Lodi Executive Management Employees (Excluding Council Appointees) for Period January 1, 2023 through December 31, 2025 (ISD) Human Resources Manager Adele Post provided a report regarding the revisions to the Lodi Executive Management Employees' contracts. Specific topics of discussion included wage increases and equity adjustments.
Council Member Khan and Council Member Nakanishi thanked the Executive Management Employees.
Council Member Kuehne made a motion, second by Council Member Khan, to adopt Resolution No. 2022- 306 approving revisions to contracts for Lodi Executive Management Employees (excluding Council Appointees) for the period January 1, 2023 through December 31, 2025.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-8 Adopt Resolution Approving Revisions to City Manager’s Employment Contract Amending Compensation and Benefits (ISD)
Human Resources Manager Adele Post provided a report regarding the revisions to the City Manager's employment contract, including a wage increase and equity adjustment.
Council Member Kuehne made a motion, second by Mayor Chandler, to adopt Resolution No. 2022-307 approving revisions to the City Manager's employment contract amending compensation and benefits.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-9 Adopt Resolution Approving Revisions to City Attorney’s Employment Contract Amending Compensation and Benefits (ISD)
Human Resources Manager Adele Post provided a report regarding the revisions to the City Attorney's employment contract, including a wage increase and equity adjustment.
Mayor Pro Tempore Hothi made a motion, second by Council Member Kuehne, to adopt Resolution No. 2022-308 approving revisions to City Attorney's employment contract amending compensation and benefits.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-10 Adopt Resolution Approving Revisions to City Clerk’s Employment Contract Amending Compensation and Benefits (ISD)
Human Resources Manager Adele Post provided a report regarding the revisions to the City Clerk's employment contract, including a wage increase.
Mayor Chandler made a motion, second by Council Member Kuehne, to adopt Resolution No. 2022-309 approving revisions to the City Clerk's employment contract amending compensation and benefits.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
H-11 Adopt Resolution Approving Revisions to Salary Range for Position of Executive Administrative Assistant (ISD)
Human Resources Manager Adele Post provided a report regarding revisions to the salary range for the position of Executive Administrative Assistant. Specific topics of discussion included background of position, current responsibilities of the Executive Administrative Assistant, and additional functions performed supporting multiple departments during COVID-19.
Council Member Kuehne thanked staff for their hard work.
Council Member Kuehne made a motion, second by Mayor Chandler, to adopt Resolution No. 2022-310 approving revisions to the salary range for the position of Executive Administrative Assistant.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I. Ordinances
City Clerk Nashed introduced item I-1 to I-8.
I-1
Adopt Ordinance No. 2005 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Building Code,’ Volumes 1 and 2, Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2005 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Building Code,' Volumes 1 and 2, Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-2 Adopt Ordinance No. 2006 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Existing Building Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter
15.02 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2006 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Existing Building Code,' Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.02 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-3 Adopt Ordinance No. 2007 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Mechanical Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2007 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Mechanical Code,' Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-4 Adopt Ordinance No. 2008 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Electrical Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.16 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2008 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Electrical Code,' Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.16 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-5 Adopt Ordinance No. 2009 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Plumbing Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2009 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Plumbing Code,' Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-6 Adopt Ordinance No. 2010 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Residential Building Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.06 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2010 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Residential Building Code,' Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.06 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-7 Adopt Ordinance No. 2011 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Green Building Standard Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2011 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Green Building Standard Code,' Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-8 Adopt Ordinance No. 2012 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Fire Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.20 in Its Entirety” (CLK)
Council Member Kuehne made a motion, second by Council Member Khan, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2012 entitled, "An Ordinance of the Lodi City Council Adopting the '2022 California Fire Code,' Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.20 in Its Entirety," which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Kuehne, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler
Noes: None
Absent: None
I-9 Adopt Ordinance No. 2013 Entitled, “An Ordinance of the Lodi City Amending Lodi Municipal Code Title 17 – Development Code – Article 3, ‘Site Planning and General Development Standards,’ Chapter 17.36, ‘Standards for Specified 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’.” CEQA Determination: Exempt per Section 15061(b)(3) of the CEQA Guidelines (CLK)
Council Member Nakanishi made a motion, second by Mayor Chandler, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 2013 entitled, "An Ordinance of the Lodi City Amending Lodi Municipal Code Title 17 - Development Code - Article 3, 'Site Planning and General Development Standards,' Chapter 17.36, 'Standards for Specified 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,'" which was introduced at a regular meeting of the Lodi City Council held November 16, 2022.
VOTE:
The above motion carried by the following vote:
Ayes: Council Member Khan, Council Member Nakanishi, Mayor Pro Tempore Hothi, and Mayor Chandler Noes: Council Member Kuehne
Absent: None
J. Adjournment
There being no further business to come before the City Council, the meeting was adjourned at 9:32 p.m.
ATTEST:
Olivia Nashed
City Clerk
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Exhibit B
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Exhibit C
AGENDA ITEM C-03
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Electric Substation Power Transformer from Delta Star Incorporated of San Carlos ($2,000,000) M
EETING DATE: January 18, 2023
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution authorizing the City Manager to waive the bid process and purchase an electric substation power transformer from Delta Star Incorporated of San Carlos in an amount not to exceed $2,000,000.
B
ACKGROUND INFORMATION: Lodi Electric Utility (LEU) requires a substation power transformer for spare support in the event of failure of any of the existing eight substation power transformers in service.
LE
U currently owns and operates four separate electrical substations, each with two power transformers in service. Staff are proposing to purchase a spare transformer due to extremely long lead times for critical electrical infrastructure, currently being quoted in upwards of 150 weeks, or nearly 3 years. Since the substation power transformer is the backbone of LEU’s electric infrastructure, having a spare would allow for what is termed an “N-1 contingency plan” which means the loss of an asset with a spare to deploy, thereby helping to ensure little to no interruption of service to LEU customers in the event of equipment failure.
O
n October 27, 2022, LEU staff discussed with the Risk Oversight Committee meeting a need to amend LEU’s existing reserve policy in order to accommodate this purchase. The proposed amendment included removing the Capital Reserve component from the LEU Reserve Policy and instead moving forward to purchase a spare transformer to ensure equipment is available and on hand should a catastrophic failure occur. By Resolution 2022- 283, City Council approved this change to the LEU Reserve Policy at its November 16, 2022 meeting noting that staff would return to Council requesting approval to purchase the spare transformer.
Lod
i Municipal Code, Section 3.20.070 states that bidding shall be dispensed when technical requirements preclude competitive bidding and when the City Council determines that the purchase would be in the best interest of the City.
Despite contacting four other vendors, Delta Star Incorporated was the only manufacturer to support LEU with an appropriate lead time of or around early 2024 with all required components conforming to LEU standards. Delta Star also builds and constructs substation power transformers out of the local San Carlos location, decreasing freight costs and time as well as overall freight complexity.
F
ISCAL IMPACT: Procurement cost including taxes and contingency will not exceed $2,000,000.
F
UNDING AVAILABLE: LEU inventory account number 500.13496. A capital project and associated budget will be requested as part of the Fiscal Year 2023/24 budget process which corresponds with the anticipated delivery and actual payment for said equipment.
Adopt Resolution Authorizing City Manager to Waive Bid Process and Purchase Electric Substation Power Transformer from Delta Star Incorporated of San Carlos ($2,000,000)
January 18, 2023
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Jeff Berkheimer
Electric Utility Director
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO WAIVE THE BID PROCESS AND PURCHASE
ELECTRIC SUBSTATION POWER TRANSFORMER FROM
DELTA STAR INCORPORATED, OF SAN CARLOS
========================================================================
WHEREAS, Lodi Electric Utility (LEU) requires a substation power transformer for spare support in the event of failure of any of the existing eight substation power transformers in service; and
WHEREAS, staff are proposing to purchase a spare transformer due to extremely long lead times for critical electrical infrastructure. S ince the substation power transformer is the backbone of LEU’s electric infrastructure, having a spare would allow for a contingency plan, thereby helping to ensure little to no interruption of service to LEU customers in the event of equipment failure; and
WHEREAS, on October 27, 2022, LEU staff discussed with the Risk Oversight Committee the need to amend LEU’s existing reserve policy in order to accommodate this purchase; and
WHEREAS, the proposed amendment included removing the Capital Reserve component from the LEU Reserve Policy and instead moving forward to purchase a spare transformer to ensure equipment is available and on hand should a catastrophic failure occur; and
WHEREAS, by Resolution No. 2022-283, City Council approved this change to the LEU Reserve Policy at its November 16, 2022 meeting , noting that staff would return to Council requesting approval to purchase the spare transformer; and
WHEREAS, Lodi Municipal Code Section 3.20.070 states that bidding shall be dispensed when technical requirements preclude competitive bidding and when the City Council determines that the purchase would be in the best interest of the City; and
WHEREAS, despite contacting four other vendors, Delta Star Incorporated was the only manufacturer to support LEU with an appropriate lead time with all required components conforming to LEU standards; and Delta St ar also builds and constructs substation power transformers out of the San Carlos location, decreasing freight costs and time, as well as overall freight complexity.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to waive the bid process and purchase an electric substation power transformer from Delta Star Incorporated, of San Carlos, California, in an amount not to exceed $2,000,000.
Dated: January 18, 2023
======================================================================== I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on January 18, 2023 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-______
AGENDA ITEM C-04
COUNCIL COMMUNICATION
APPR
OVED: _________________________________________
S tephen Schwabauer, City Manager
R:\GROUP\ADMIN\Council\2023\01182023\Garney Pacific\Solids Handling Facility Improvements WSWPCF.doc 12/28/2022 AGENDA TITLE: Adopt Resolution Awarding Contract for Solids Handling Facility Improvements at White Slough Water Pollution Control Facility, to Garney Pacific Inc., of Tracy ($2,424,725)
M
EETING DATE: January 18, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt Resolution awarding Contract for Solids Handling Facility Improvements at the White Slough Water Pollution Control Facility, to Garney Pacific Inc, of Tracy, in the amount of $2,424,725.
B
ACKGROUND INFORMATION: On April 15, 2020, Council authorized the City Manager to execute a Professional Services Agreement with Carollo Engineers, Inc. to provide assistance with the procurement and installation of a new sludge dewatering press and digester mixing system improvements at the White Slough Water Pollution Control Facility (WSWPCF).
In certain conditions, the performance of the existing sludge dewatering equipment at WSWPCF cannot remove the amount of moisture needed to properly handle the material. Based on recommendations from Carollo Engineers, Inc., the City has decided to install a new screw press to improve the sludge dewatering process; and install a new sludge mixing system in Digester No. 3 needed to improve the sludge stabilization process.
S
pecifications for this project were originally approved by Council on October 19, 2022. The project was advertised on November 5, 2022 and the City received the following eight bids on December 14, 2022:
B
idder Location Bid Above/(Below)
Estimate
Engineer’s Estimate $ 2,500,000
Garney Pacific, Inc. Tracy $ 2,242,725 ($ 257,276)
TNT Industrial Contractors, Inc. Sacramento $2,588,250 $88,250 C. Overaa & Co. Richmond $2,861,000 $361,000
Pacific Infrastructure Corp. Pleasanton $2,972,000 $472,000 Cushman Contracting Corp. Goleta $2,973,934 $473,934
GSE Construction Co. Livermore $3,036,800 $536,800
Gateway Pacific Contractors Sacramento $3,095,192 $595,192 Syblon Reid Folsom $3,268,470 $768,470
S
taff recommends adopting a resolution awarding contract for Solids Handling Facility Improvements at the White Slough Water Pollution Control Facility, to Garney Pacific Inc, of Tracy ($2,424,725) Adopt Resolution Awarding Contract for Solids Handling Facility Improvements at White Slough Water Pollution Control Facility , to Garney Pacific Inc., of Tracy ($2,424,725)
January 18, 2023
FISCAL IMPACT: The project will reduce staff time and ongoing maintenance costs. This project is necessary to maintain wastewater treatment compliance and to avoid potential fines and penalties from the State. This does not impact the General Fund.
FUNDING AVAILABLE: Wastewater Capital (53199000.77020)
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lance Roberts, Utilities Manager
CES/LR/tw
Attachments
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR
SOLIDS HANDLING FACILITY IMPROVEMENTS AT WHITE SLOUGH WATER POLLUTION CONTROL FACILITY TO GARNEY PACIFIC, INC., OF TRACY ========================================================================
WHEREAS, on April 15, 2020, Council authorized the City Manager to execute a Professional Services Agreement with Carollo Engineers, Inc. , to provide assistance with the procurement and installation of a new sludge dewatering press and digester mixing system improvements at the White Slough Water Pollution Control Facility (WSWPCF) ; and
WHEREAS, based on recommendations from Carollo Engineers, Inc., the City has decided to install a new screw press to improve the sludge dewater ing process; and install a new sludge mixing system in Digester No. 3 needed to improve the sludge stabilization process; and
WHEREAS, specifications for this project were originally approved by Council on October 19, 2022, and the City received the following eight bids on December 14, 2022:
Bidder Location Bid Above/(Below)
Estimate
Garney Pacific, Inc. Tracy $ 2,242,725 ($257,276) TNT Industrial Contractors, Inc. Sacramento $2,588,250 $88,250 C. Overaa & Co. Richmond $2,861,000 $361,000
Pacific Infrastructure Corp. Pleasanton $2,972,000 $472,000 Cushman Contracting Corp. Goleta $2,973,934 $473,934 GSE Construction Co. Livermore $3,036,800 $536,800 Gateway Pacific Contractors Sacramento $3,095,192 $595,192 Syblon Reid Folsom $3,268,470 $768,470
WHEREAS, staff recommends awarding the contract for Solids Handling Facility Improvements at the White Slough Water Pollution Control Facility to Garney Pacific , Inc., of Tracy, in the amount of $2,424,725.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the contract for Solids Handling Facility Improvements at the White Slough W ater Pollution Control Facility to the low bidder, Garney Pacific , Inc., of Tracy , California, in the amount of $2,424,725; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the contract; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resoluti on 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: January 18, 2023
=======================================================================
I hereby certi fy that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-_____
AGENDA ITEM C-05
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Change Order No. 2 with Westech Industries, Inc. of Escalon for Directional Drilling, Excavation and Conduit Installation Services for State of California Natural Gas Power Plant Project ($1,690,000) M
EETING DATE: January 18, 2023
P
REPARED BY: Electric Utility Director
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COMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute Change Order No. 2 with Westech Industries, Inc. of Escalon for directional drilling, excavation and conduit installation services for the State of California Natural Gas Power Plant Project in an amount not to exceed $1,690,000.
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ACKGROUND INFORMATION: Lodi Electric Utility (LEU) utilizes the services of Westech Industries, Inc. (Westech) for directional drilling, excavation and conduit installation services as it relates to distribution system maintenance and repairs as well as infrastructure work for new development.
I
n June 2018, City Council awarded a three-year contract to Westech in the amount of $700,000 annually. In May 2021, City Council authorized Change Order No. 1 to extend the contract with Westech to June 30, 2023 for an additional $2 million for a total contract price of $4.1 million.
I
n December 2022, the State of California Department of Water Resources notified the City of their intention to install a natural gas power plant at 2001 West Turner Road. The purpose of this project is to achieve the objectives of California Assembly Bill 205, which created a State -led Strategic Reliability Reserve (SRR) to address electric grid reliability. Construction will begin by spring 2023 and will have a duration of four to six months.
L
EU will build the distribution line that will connect the generator with the adjacent city-owned McLane Substation. Westech’s services are needed prior to utility crew installation of the underground cable. The State of California will reimburse all costs associated with building the distribution line, including costs associated with Westech’s services.
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herefore, staff recommends authorizing the City Manager to execute Change Order No. 2 to add this additional work to the existing contract with Westech for an additional $1,690,000 million through June 30, 2024 for a total contract price of $5,790,000.
Adopt Resolution Authorizing City Manager to Execute Change Order No. 2 with Westech Industries, Inc. of Escalon for Directional Drilling, Excavation and Conduit Installation Services for State of California Natural Gas Power Plant Project ($1,690,000) January 18, 2023
FISCAL IMPACT: Additional $1,690,000 reimbursed by the State of California.
FUNDING AVAILABLE: Funds for this specific change order are budgeted as part of the State of California Natural Gas Power Plant Project (EUCP-23002.Contracts).
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
________________________________________
Jeff Berkheimer
Electric Utility Director
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 WITH
WESTECH INDUSTRIES, INC., OF ESCALON, FOR DIRECTIONAL DRILLING,
EXCAVATION AND CONDUIT INSTALLATION SERVICES FOR STATE OF
CALIFORNIA NATURAL GAS POWER PLANT PROJECT
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WHEREAS, Lodi Electric Utility (LEU) utilizes the services of Westec h Industries, Inc. (Westech) for directional drilling, excavation and conduit installation services as it relates to distribution system maintenance and repairs, as well as infrastructure work for new development; and
WHEREAS, in June 2018, City Council awarded a three- year contract to Westech in the amount of $700,000 annually; and in May 2021, City Council authorized Change Order No. 1 to extend the contract with Westech to June 30, 2023 for an additional $2 million, for a total contract price of $4.1 million; and
WHEREAS, in December 2022, the State of California Department of Water Resources notified the City of its intention to install a natural gas power plant at 2001 West Turner Road to achieve the objectives of California Assembly Bill 205, which created a State -led Strategic Reliability Reserve (SRR) to address electric grid reliability; and
WHEREAS, LEU will build the distribution line that will connect the generator with the adjacent City-owned McLane Substation, and Westech’s services are needed prior to utility crew installation of the underground cable; and
WHEREAS, the State of California will reimburse all costs associated with building the distribution line, including costs associated with Westech’s services.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Change Order No. 2 with Westech Industries, Inc. , of Escalon, California, for directional drilling, excavation and conduit installation services for the State of California Natural Gas Power Plant Project , in an amount not to exceed $1,690,000 through June 30, 2024, for a total contract price not to exceed $5,790,000.
Dated: January 18, 2023
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I hereby certi fy that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023 by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-_____
AGENDA ITEM C-06
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Tow Service Contract for Police Rotational Towing Services with Haynes Brothers Investments, LLC of Lodi, California.
MEETING DATE: January 18, 2023
PREPARED BY: Chief of Police
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COMMENDED ACTION: Adopt resolution authorizing City Manager to execute Tow Service Contract for police r otational towing s ervices with Haynes Brothers Investments, LLC of Lodi, California.
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ACKGROUND INFORMATION: The Lodi Police Department maintains a rotational towing company list to respond to requests by the department that includes: impounded vehicles for investigative purposes as evidence in a
criminal case, vehicles involved in accidents or other emergency situations, impound tows for suspended/unlicensed drivers, abandoned or inoperative vehicles, and any other tows requested by police personal.
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he previous agreement was approved by Council in 2014 and was written as an evergreen contract with set hourly, storage, and gate fee pricing. This set pricing has made it difficult for towing contractors to operate with the increase costs of fuel, insurance, and staffing costs. In order to mitigate the problem of rates that will not cover costs and the probability of losing tow contractors that meet the response requirements the department has adopted the California Highway Patrol, Stockton CHP Office rates.
These rates are established annually and will better reflect any changes in haulers costs.
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t this time, we are adding an additional tow agreement with Haynes Brothers Investments, LLC.
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ISCAL IMPACT: Towing costs included in the 22/23 budget. No additional funding needed.
FUNDING AVAILABLE: Support Services Misc. Professional Services – 10031004.72450 ______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________ _______________
Sierra Brucia
Chief of Police
CITY OF LODI
LODI POLICE DEPARTMENT
TOW SERVICE CONTRACT
This Tow Service Contract, hereinafter referred to as (“Contr act”), is entered into this _________day of January, 2023 (“Effective Date”), at Lodi, California, between the CITY OF LODI, a municipa l corporation (“City”) an d HAYNES BR OTHERS INVESTMENTS, LLC, (“Tow Operator”).
This Contract contains rules and regulations that a company providing tow services within the City agrees to comply with in order to receive a rotation tow listing with the Lodi Police Department (LPD). For clarification purposes, refer to the following which are incorporated as though fully set forth herein:
1. A
ttachment A – Definitions
2. Attachment B - Operator/ Driver Permits
3. Attachment C – Lodi Insurance Requirements
1. SCOPE OF SERVICES
A
ny tow service provider desirous of participating in the City-generated tow rotation may apply to be included on the City’s tow rotation list by obtaining a copy of these standards and submitting the required form acknowledging that the provider has reviewed the standards and shall fully comply with the standards as a condition of being placed on the tow rotation list.
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hese standards shall become effective at 12:01 a.m. on January 1, 2020. In no event shall a provider’s participation in the tow rotation and compliance with these standards give rise to any contractual or legal obligation on the part of the City to continue the tow rotation for any fixed period of time, or at all. The rotation and/or the City’s use of the provider’s services may be discontinued by the City at any time. Any tow service provider who requests to be included in the City -generated tow rotation acknowledges that the City, at its sole discretion, reserves the right to cancel the rotation and/or discontinue the use of the provider’s services by giving advanced written notice of its intent 30 days prior to the effective date of the cancellation. The provider further acknowledges that under certain circumstances specified in these standards, the City may forgo the 30-day notice requirement and impose an immediate suspension or termination, and that upon exercising its discretion as provided in these standards, the City shall incur no liability of any kind to the provider or any subcontractor or supplier of the provider.
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he City reserves the right, in is sole discretion, to amend these standards from time -to-time as it deems necessary to provide effective, efficient, and economical service to the motoring public and the citizens of Lodi . In the event the City desires to amend these standards, the City shall furnish providers participating in the rotation with advanced written notice of the amendment(s) a minimum of 30
days prior to the effective date of the amendment(s), except in the event of an emergency as deemed necessary by City.
In a
ccordance with the specifications and upon the terms and conditions set forth herein, each tow service provider participating in the rotation shall provide tow services and subsequent lien sales and disposal of unclaimed vehicles towed at the City’s request. The services shall include, but not be limited to, the following:
A. T
ows of vehicles impounded by the City for investigative purposes, as evidence in a criminal case, or for any other reason;
B. T
ows of vehicles involved in accidents or other emer gency situations, stalled vehicles obstructing traffic, illegally parked vehicles, vehicles where the drivers are incapacitated or physically unable to drive, vehicles where the drivers have been arrested and/or detained, vehicles impounded under the mandatory 30- day impound provisions of California Vehicle Code (CVC) section 14602.6, and/or vehicles with five or more outstanding parking citations;
C. “V
IN” tows of vehicles necessitating special procedures to ascertain vehicle identification numbers in compliance with requirements of the CVC; D. T
ows of any abandoned vehicle, inoperative vehicle from any street, alley, highway, or other private or public property in the City pursuant to Sections of the Lodi Municipal Code and CVC section 22669; and
E. An
y other vehicular tows requested by any police officer, police employee, or any other employee or agent of the City who is properly authorized to order such removal.
2. ROTATION LISTS
A. T
he LPD shall maintain a rotational tow list to establish an equitable distribution of calls.
B. T
he rotational tow list will be established as follows:
(1
) Each eligible tow company will be placed on a list.
(2) Each company will rotate on a call-by-call basis.
(3) If a company fails to respond to a call in a timely manner, the next compan y on the list will be called until one company responds.
(4) Any new eligible tow companies will be placed on the list by seniority. A new company will not be added until the Tow Operator furnishes the LPD with proof of passing a C alifornia Highway Patrol (CH P) inspection. Tow Operators applying for the LPD’s rotation shall have a minimum of three years of verifiable for hire towing experience as an owner or principal , named on a City of Lodi business license . Any new eligible tow company will not be added until the expiration of this Contract.
(5) There shall be a maximum of five Class A tow companies on the LPD rotation list.
(6) A copy of the current valid CHP inspection indicating a passing grade must be carried with each truck that responds to LPD tows. This ins pection sheet will be made available to any peace officer on demand.
C. If it is determined that the Tow Operator is not needed and is canceled by the LPD, up to and including arrival at the scene, there shall be no charges to the City and the Tow Operator will be placed back on the top of the list.
(1) If hookup or service has begun and is canceled by the vehicle owner or agent, charges owed shall be no more than the regular towing charge. (2) A call to a Tow O perator shall constitute one turn on the list and the T ow Operator shall be moved to the bottom of the list. This includes when the Tow Operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time.
(3) Beginning with this contract, any Tow Company called by LPD for a San Joaquin County Sheriff’s Department tow will be charged for a rotation call. We will keep track of calls initiated by the Sheriff’s Office. (4) Any passes will result in the Tow Operator being moved to the bottom of the list.
D. Rotational tows shall include rotational obligation for abandoned vehicles, and providers shall not refuse any rotational calls. If a provider develops a pattern of declining their turn on the rota tion list, they will be considered as evidence of the provider’s inability or unwillingness to provide adequate service as required by these standards and shall result in the provider’s suspension or termination from the rotation.
The Chief of Police, in his sole discretion, shall determine whether a provider is incapable of providing the level of service required by these standards.
E. If two or more Tow O perators are called to the same incident, distribution of the vehicles shall be at the discretion o f the LPD scene manager. The scene manager will usually be the investigating officer or traffic control officer.
(1) The LPD scene manager may direct a Tow O perator to move vehicles to help clear a roadway or for life saving operations. The Tow Operator shall provide the requested assistance at no charge. Failure to do so shall constitute a major violation of these standards and may cause the provider to be suspended and/or terminated from the rotation.
(2) In the interest of public safety and/or service to the public, any peace officer or employee directed so by any peace officer may deviate from this contract and normal rotation.
3. TOW TRUCK CLASSIFICATIONS
A. A Tow Operator shall equip and maintain tow trucks covered under this contract in accordance with the p rovisions set forth in the CVC and consistent with industry standards and practices. You must meet the provisions of Class A to be on the LPD rotation list. Nothing shall prohibit Class B, C, or D Tow O perators from maintaining a place on a lighter class rotation list.
B. There will be four classes of tow trucks covered under this agreement.
(1) Class A – light duty. A Tow O perator shall maintain a minimum of two tow trucks with a manufacturer’s gross vehicle weight rating of 14,000 pounds. One of two trucks shall be a car carrier.
(2) Class B – medium duty. A Tow Operator shall maintain at least one tow truck with a manufacturer’s gross vehicle weight rating of 19,000 pounds. This truck shall be capable of providing air to the towed vehicle. (3) Class C – heavy duty. A Tow Operator shall maintain at least one (1) three axle tow truck with a manufacturer’s gross vehicle weight rating of at least 33,000 pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle.
(4) Class D – super heavy duty. A Tow Operator shall maintain at least one (1) three axle tow truck with a manufacturer’s gross vehicle weight rating of at least 50,000 pounds. The truck shall be equipped with air brakes and must be capable of providing air to the towed vehicle.
(5) A Tow Operator and/or his/her tow truck drivers shall comply with all laws and requirements regarding gross vehicle weight rating standards for the tow truck.
C. To properly and safely tow and service the wide variety of vehicles to be operated on the highway, a towing procedure may require the use of auxiliary equipment specifically designed for the purpose. This auxiliary equipment should be used when recommended.
D. Each tow vehicle must be identified with permanent signs on both si des of the vehicle, clearly showing the Compan y name, address, phone number, and, if applicable, current C alifornia Motor Vehicle Permit Numbers. Magnetic signs will not be allowed. The signs will be permanently affixed and in compliance with the requirements of section 27907 of the CVC.
4. TOW DRIVERS
A. The Tow Operator shall ensure that only qualified and competent licensed tow drivers respond to calls initiated by the LPD. Tow drivers shall be at least 18 years old and possess the following minimum class California driver’s license:
(1) Class A tow truck. A valid Class C license or a valid Class A license with a valid medical certificate.
(2) Class B tow truck. A valid Class B license with a valid medical certificate. (3) Class C tow truck. A valid Class A license with a valid medical certificate. (4) Class D tow truck. A valid Class A license with a valid medical certificate.
B. The Class A license must be endorsed to allow operation of special vehicle configurations and/or special cargoes.
C. The Tow Operator shall maintain a current list of drivers.
(1) The Tow Operator shall provide a current list of his/her drivers to the LPD upon the Effective Date of this agreement. The Tow O perator shall notify the LPD
upon any change in driver status, including the addition of any new drivers, or the deletion of any drivers. An updated list shall be provided to the LPD within seven calendar days of any change in driver status.
(2) Tow Operators shall, as a minimum, maintain the following information for each employee:
(A) Full legal name;
(B) Date of birth;
(C) California driver license number;
(D) Current home address and primary phone number;
(E) Job title/description;
(F) Types of trucks driver has been trained and instructed to operate; (G) Copy of valid medical certificate, if required; and (H) Current Pull Notice as required by the CVC.
D. All tow truck drivers and owner/operators shall be enrolled in the pull notice program through the Department of Motor Vehicles.
(1) Upon the addition of new drivers, a Tow Operator will be granted a maximum of 30 days to enroll drivers in the pull notice program.
(2) Pull notices shall be kept on file, signed, and dated by the Tow Operator. (3) The Tow Coordinator may require a Tow O perator to provide copies of pull notice reports at anytime.
(4) All tow drivers at the scene of an LPD tow will be required to wear a button up shirt with a logo signifying the tow company, and a name patch identifying the first name of the driver. Coveralls may be worn, and shorts are acceptable. (5) No unauthorized persons shall be brought to the scene of an LPD tow, such as friends, relatives, etc.
(6) All tow drivers and personnel authorized to operate tow equipment for the company shall be enrolled in a random drug and alcohol testing program administered by Central Medical Review of Lodi.
(7) LPD Rotation Tow drivers shall wear a safety vest, meeting Occupational Safety and Health Administration (OSHA) requirements, as the outermost garment while engaged in LPD Rotation Tow operations.
Alternatively, the OSHA safety requirements may be incorporated into the uniform, jacket, or rain gear as long as these items are worn as the outermost garment.
(8) LPD Rotation Tow drivers will wear their LPD issued permits on the outer most clothing during any and all responses to LPD rotation call outs.
E. It shall be a violation of this contract for any person to drive or operate a tow truck as described in CVC section 615a without first obtaining a permit in writing to do so from the Chief of Police of the City of Lodi (Attachment B).
5. RATES
A. Fees charged for response calls originating from the LPD shall be reasonable and will not exceed rates established by the CHP Stockton Office by more than 10%.
(1) Tow Owner/Operators may request a review of rates once per calendar year by submitting a written request to the LPD. The City Council reserves the right to change the fees from time- to-time, and agrees to provide no less than a 30-day notice to Tow Operators of any change in fees.
B. The rate for towing shall be computed from portal -to-portal from place of business.
The time expended for towing up to the first hour shall be charged a flat rate not to exceed the hourly rate. Time expended in excess of one hour shall be at an hourly rate and shall be charged in 15- minute increments. There shall b e no additional charges for mileage, labor, etc. The secondary towing requested by the customer may be negotiated by the Tow Operator in accordance with his/her private business practices.
C. Rates for service calls (out of gas, lockout, etc.) shall be from portal to the end of the service, and may be at an hourly rate with a 30- minute minimum. Charges in excess of 30 minutes may be charged in 15-minute increments.
D. The total fees charged for after -hours release shall be no more than half the hourly rate, and shall only be allowed if there is no person on duty at the storage facility for release and a callback is required. After -hours release fees may only be charged between 6:00 p.m. and 8:00 a.m.
E. Business hours and an after -hours release contact phone number shall be posted in plain view to the public.
F. The Tow Operator and/or his/her agent is required to be physically on site at the business location during normal business hours.
G. The Tow Operator shall display , in plain view at all cashier’s stations, a sign described in section 3070 of the California Civil Code disclosing all fees and charges in force.
H. The Tow Operator shall, pursuant to 22651.1 CVC , accept a valid bank credit card or cash payment of towing and storage by the registered owner, legal ow ner, or owner agent claiming the vehicle.
I. All tow companies SHALL release vehicles or personal property 24 hours a day, seven days a week. They shall be compensated at their after -hours rate if the time of day allows.
J. S
torage fees.
(1) The Tow Operator sha ll charge storage fees in accordance with the fees established by the Stockton CHP Office.
(2) The Tow Operator shall be allowed to charge an additional storage fee of $50 per day and will be billed as a Lodi Safety Charge. This charge will apply to LPD ROTATION CALLS ONLY. This charge is to defray the costs to the Tow Operator to comply with Attachment C of this contract
K. Vehicles stored for 24 hours or less shall be charged no more than one day’s storage.
Each day thereafter shall be calculated by calendar day.
L. The schedule of rates charged by the Tow Operator shall be made available in the tow truck upon demand to the persons for whom the tow services were provided or to his/her agent.
M. The Tow Operator shall provide tow service to any LPD vehicle within the city limits or ten miles of the city limits at no cost to the C ity. This shall include towing the vehicle to the City ’s Municipal Service Center (MSC) or designated repair shop, the changing of a tire, refueling of a vehicle, or starting a vehicle.
N. Vehicles towed to the LPD or MSC for investigative purposes and the recall for the transportation of the vehicle to the tow facility for storage shall be considered one tow service. The recall for removal of the vehicle shall not be considered a rotational tow, thus the Tow Operator shall not lose their position on the rotation list.
6. RESPONSE TO CALLS
A. T
he Tow Operator shall respond to LPD calls 24 hours a day, seven days a week, with a maximum 30 minutes response time. The Tow O perator will advise the LPD dispatcher, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. After accepting the call, if the Tow Operator is unable to respond or will be delayed in responding, the Tow Operator shall immediately notify the LPD Communications C enter. The Tow Operator shall not assign calls to other Tow Operators. If the Tow Operator is unable to respond or unable to meet the maximum response time they shall forfeit their turn on the rotation list.
(1
) Failure to respond and/or failure to meet the maximum response time requirements shall constitute failure to comply with the terms and conditions of this contract.
(2) The Tow C oordinator may take immediate disciplinary action for any major violation of the requirement to respond within the maximum response time. (3) When a Tow Operator will be temporarily unavailable to provide services due to a pre-planned/scheduled activity, e.g., vacation, maintenance, medical leave, etc., he/she shall notify the LPD in writing, at least 24 hours prior to the date that service will be unavailable, noting the times and dates. (4) Any refusal to respond or to perform the required towing service will subject the Tow Operator to suspension or termination if deemed appropriate by the LPD.
B. Tow trucks shall be equipped with two- way radio communication and shall have a 24-hour dispatch capability. Mobile phones will be acceptable in lieu of a two -way radio.
C. A Tow Operator shall not respond to a n LPD call assigned to another operator unless requested to do so by the LPD.
(1) There may be times when a Tow Operator who was not called to the scene comes upon a collision where a vehicle (s) is blocking a roadway , and an LPD officer requests his/her assistance in clearing the roadway. In such a case, th e Tow Operator may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance, and the assistance provided shall not change the Tow O perator’s place in the rotation.
Refusal to provide such services shall constitute a major violation of these standards and may cause a provider to be suspended and/or terminated from the rotation.
(2) Under no circumstances may the Tow Operator or his/her agent of the tow company, solicit business while at the scene of a collision or while performing any service for the LPD.
(3) Any company passing more than three calls in a 30-day period will be subject to disciplinary action.
7. STORAGE FACILITY
A. The Tow Operator shall provide ade quate security of vehicles and property at the place of storage. At a minimum, a fence or a secure closed area shall be provided.
The LPD may modify security requirements when necessary to coincide with existing conditions. The Tow Operator is responsible for the reasonable care, custody, and control of any property contained in the towed or stored vehicles.
B. The Tow Operator shall release personal property from the vehicle at the request of the vehicle owner or his/her agent.
(1) Personal property is considered to be items which are not affixed to the vehicle.
C. Tow Operators shall maintain their business office and storage facility within the city limits of Lodi.
D. The storage facility shall be at the same location as the business address. No two tow companies shall share the same storage facility under the same physical address. The vehicle and personal property shall be released at the storage facility at the request of the owner , or a person having a legal entitlement to the vehicle , with a written or ve rbal authorization to the Tow Operator by an LPD official.
Upon such request, the Tow Operator shall advise the need of the written or verbal authorization. During non- business hours upon receiving notification of a request for property or vehicle release, the requested company shall respond to their facility within one hour. Normal after -hours gate fees apply even if it is determined that official LPD permission has not been granted upon arrival to the facility.
(1) If the LPD requires access to a Tow O perator’s storage facility after normal business hours, the service shall be made at no charge.
E. The Tow Operator shall provide inside storage for a minimum of three spaces.
F. All tow trucks, offices, and storage yards will be kept in a neat, clean, and orderly fashion as determined by the LPD Tow Coordinator.
G. Expensive car stereo equipment or other devices added to the vehicle may be removed from a stored vehicle for security reasons, but must be replaced to its original condition at the Tow Operator’s expense.
8. INSURANCE
INDEMNITY AND INSURANCE.
A. I
ndemnification : Except to the extent caused by the willful or intentional misconduct of City or of any agent, servant, or employee of City, Tow Operator shall, at its sole cost and expense, indemnify and hold harmless City and all associated, affiliated, allied, and subsidiary entities of City, now existing or hereinafte r created, and their respective elected officials, officers, boards, commissions, em ployees, agents, attorneys, and contractors (hereinafter referred to as “ Indemnities”), from and against:
(1) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses , and co nsultants), which may be imposed upon, incurred by , or be asserted against the Indemnities by reason of any act or omission of Tow Operator, its personnel, employees, agents, contractors , or subcontractors, resulting in personal injury, bodily injury, sic kness, disease , or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy , and unauthorized use of any trademark, trade name, copyright, patent, service mark , or any other right of any person, firm , or corporation, to the extent arising out of or resulting from Tow Operator’s performance of work hereunder or Tow Operator’s failure to comply with any of its obligations contained in this Contract or any applicable federal, state or local statute, ordinance, or regulation.
(2) Any and all liabilities, obligations, damages, penalties, claims, liens costs, charges, losses, and expenses (including, without limitation, reasonable fees , and expenses of attorneys, expert witnesses , and other consultants), which are imposed upon, incurred by , or asserted against the Indemnities by reason of any claim or lien to the extent arising out of Tow Operator’s performance of work hereunder, and, upon the prior written request of City, Tow Operator shall cau se such claim or lien covering City's property to be discharged or bonded within 30 days following such request.
B. D
efense of Indemnities: In the event any action or proceeding shall be brought against the Indemnities by reason of any matter for which the Indemnities are indemnified here under, Tow Operator shall, upon reasonable prior written notice from any of the Indemnities, at Tow Operator’s sole cost and expense, resist and defend the same with legal counsel mutually selected by Tow Operator and City; pro- vided however, that Tow Operator shall not admit liability in any such matter or on behalf of the Indemnities without the written consent of City, which consent shall not
be unreasonably withheld or delayed, and provided further that the Indemnities shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indem nified hereunder, without the prior written consent of Tow Operator. The indemnifying party's duty to defend shall begin upon receipt of a written notice identifying, with specificity, the allegations that give rise to this duty to defend and shall be co -extensive with the indemnifying party's indemnification obligations under the provisions of this Contract.
C. N
otice, Cooperation and Expenses :
(1) City shall give Tow Operator prompt notice of the making of any claim or the commencement of any action, suit or other proceeding, including administrative, covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent City from co operating with Tow Operator and participating in the defense of any litigation by City’s own counsel. Tow Operator shall pay all reasonable expenses (attorney’s fees and costs) incurred by City in response to any such actions, suits , or pro ceedings. These expenses shall include all reasonable out -of-pocket expenses such as reasonable attorney’s fees and shall also include the reasonable value of any services rendered by City’s in -house attorney, and the actual reasonable expenses of City’s agents, employees , or expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions -or proceedings but shall not include attorney’s fees for services that are unneces- sarily duplicative of services provided City by Tow Operator.
(2) If Tow Operator requests City to assist it in such defense, then Tow Operator shall pay all reasonable expenses incurred by City in response thereto, including defending itself with regard to any such actions, suits or proceedings. These expenses shall include all reasonable out -of-pocket expenses such as attorney’s fees and shall also include the reasonable costs of any services rendered by City’s in -house attorney, and the actual reasonable expenses of City’s agents, employ ees, or expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions , or proceedings.
D. Insurance: Refer to Attachment C – Lodi Insurance Requirements
E. A dditional Insured: All policies, except for business interruption and workers compensation policies, shall be endorsed to name City of Lodi, its elected and appointed Council, Boards, Commissions, Officers, Agents, Employees, and Volunteers, as their respective interests may appear as additional insureds (herein referred to as the “Additional Insureds”). Each policy which is to be endorsed to add Additional Insureds hereunder, shall contain cross-liability wording, as follows:
“In the event of a claim being made hereunder by one insured for which another insured is or ma y be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder.”
F. E vidence of Insurance : Certificates of Insurance and Additional Insured Endorsements for each insurance policy required to be obtained by Tow Operator in compliance with this paragraph, along with written evidence of payment of required premiums shall be filed and maintained with City annually during the term of this Contract. Tow Operator shall immediately advise City in writing of any claim or litigation that may result in liability to City or arises out of any City related tow. City shall immediately advise Tow Operator in writing of any claim or litigation that may result in liability to Tow Operator.
G. C
ancellation of Policies of Insurance : All insurance policies maintained pursuant to this Lease shall contain the following endorsement:
“A
t least thirty (30) days prior written notice shall be given to City by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the Lease.”
H. I
nsurance Companies : All insurance shall be affected under valid a nd enforceable policies, insured by insurers licensed to do business by the State of California or surplus line carriers on the State of California Insurance Commissioner’s approved list of companies qualified -to-do business in the State of California. A ll insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company.
I. D
eductibles : All insurance policies may be written with deductibles. Tow Operator agrees to indemnify and save harmless City, the Indemnities and Additional Insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by this Contract.
J. P rimary Insurance: The policy shall be endorsed to show the Tow Operator’s insurance as primary to that of any carried by City.
K. R
eview of Limits : Once each calendar year during the term of this Contract , City may review the insurance coverage to be carried by Tow Operator. If City reasonably determines that higher limits of coverage are necessary to protect the interests of City or the Additional Insureds, Tow Operator shall be so notified in writing and shall obtain the reasonable additional limits of insurance, at its sole cost and expense.
Deductibles in excess of ten thousand dollars $10,000 shall be secured by a bond of equal amount.
9. INSPECTIONS
A. The LPD recognizes that Tow Operators are subject to not less than one annual inspection of all tow trucks by the CHP . Therefore; Tow Operators shall, upon completion of the yearly CHP inspection, furnish the LPD with a copy of the results of that inspection. The Tow Operator shall not respond with a tow truck to a LPD call that has not been inspected and approved by the CHP and the LPD.
(1) A copy of this inspection shall be available inside the tow truck at all times.
B. The LPD may conduct additional inspections with or without notice during normal business hours of the Tow Operator.
10. BUSINESS RECORDS
A. The Tow Operator shall maintain records of tow services furnished, including a description of vehicle, nature of service, time, location of call, and total itemized costs of towing and storing. The LPD may inspect all Tow Operator records with or without notice during normal business hours.
B. Records shall be maintained and available for inspection upon reasonable request for a period of the current year and previous two years.
11. FINANCIAL INTEREST
A. No Tow Operator or applicant shall be directly or indirectly involved in the towing related business of any other Tow Operator or applicant within the sam e city.
Directly involved shall mean anything in common between Tow Operators or applicants with regards to any of the following:
(1) business license;
(2) insurance;
(3) tow truck(s) or equipment ownership; or
(4) employees.
B. Indirectly involved shall include:
(1) silent partnerships.
C. The sale or transfer of controlling interest in the company shall immediately terminate this Contract without cause. The new owners may apply for rotation tow listing on the next contract. Any sale or transfer of less than controlling intere st in a company shall be subject to the provisions of this contract. No City employee, spouse or immediate family member may have a financial interest in a tow company on the rotation list.
12. ANNUAL MEETINGS
A. The LPD, at its discretion, may conduct meetings to discuss issues concerning the tow rotation list, service, or contract. When called, these meetings shall be mandatory for the Tow Operator or his/her designee. The LPD shall give the Tow Operator a 30 -day written notice of these meetings. Failure to attend or provide reasonable excuse shall constitute a breach of this Contract.
13. COMPLIANCE WITH LAW
A. The Tow Operator shall at all times comply with federal, state, and local laws and ordinances applicable to the Tow Operator, his equipment, and employees.
B. The Tow Operator shall have a current, valid City of Lodi business license at the time of the award of the franchise and at all times during the term of this Agreement. All fees, including current or delinquent, must be paid in full. All Tow Oper ators, drivers, and employees will comply with all Federal and State laws along with City of Lodi ordinances and zoning requirements.
C. In the event of a traffic violation committed by the tow truck driver , which is observed by the LPD, the Tow Operator shall be advised of the violation(s) and any enforcement action taken. The Tow Operator shall take necessary steps to ensure that its drivers are in compliance with the law. Any subsequent traffic violation(s) may be cause for disciplinary action against the Tow Operator and/or the involved employee(s).
D. Any traffic violation as defined in CVC , Division 11, that occurred during actual operation of a motor vehicle may be cause for immediate disciplinary action against the Tow Operator and/or the involved employee as appropriate.
D. The provisions contained in this Contract , Compliance with Law, do not preclude the LPD from taking appropriate enforcement or administrative action for any violation(s) of law.
14. DEMEANOR AND CONDUCT
A. While involved in a LPD rotation tow operation or related business, the Tow Operator and/or his/her employees shall refrain from any act of misconduct, to include, but not be limited to, any of the following:
(1) Rude or discourteous behavior to the public or any public official. (2) Lack of service or refusal to provide service to the public. (3) Any act of sexual harassment or sexual impropriety. (4) Unsafe driving practices.
(5) Exhibiting any objective symptoms of alcohol and/or drug intoxication or impairment.
(6) Appearing at the scene of an LPD rotation tow call with the odor of an alcoholic beverage or controlled substance on his/her breath or person. (a) The Tow Operator/tow truck driver shall submit to a preliminary drug/alcohol screening test upon demand of any LPD official.
15. COMPLIANCE WITH CONTRACT
The Tow O perator agrees that as a condition of inclusion on the rotation tow list, to comply with the terms and conditions of this C ontract. Furthermore; the Tow Operator agrees that failure by the Tow Operator or his/her agents to comply with thes e terms and conditions shall be cause for written reprimand, suspension, or termination from the LPD’s rotation tow list. Alleged violations of the tow service contract will be investigated by the LPD. The Tow Operator will be notified of the LPD’s findings within 90 days of the initiation of the investigation.
16. DISCIPLINARY ACTION
A. The LPD shall use the following as a guide for disciplinary action against Tow Operators for violations investigated and found to be true. This is only a guide, with the Chief of Police of the LPD retaining discretion for other justifiable reasons. (i.e. criminal offenses, rudeness, discredit to the LPD, etc.)
(1) First violation - written warning.
(2) Second violation within 12 consecutive months – 30- day suspension from the rotation tow list.
(3) Third violation within 12 consecutive months – 90- day suspension from the rotation tow list.
(4) Fourth violation within 12 consecutive months – termination from the rotation tow list for the current year plus disqualification for the following year rotation tow contract.
(a) A violation shall be understood as any single infraction of this contract.
However, based on an investigation, and at the discretion of the Tow Coordinator, lieutenant in charge, or Chief of Police, multiple infractions may be considered as a single incident. A single incident may be disciplined as a violation.
B. Violations shall be purged after 36 months and subsequent violations will be re - numbered accordingly.
C. Nothing herein shall be deemed to prohibit the LPD from immediate ly suspending any Tow Operator whose conduct is deemed, in the sound discretion of the Chief of Police, to be a danger to the motoring public or who has engaged in conduct constituting a major violation of the LPD tow service contract.
17. HEARING/APPEAL
D. In the event that the LPD serves the Tow Operator with a written reprimand or suspension or termination , the Tow O perator may request a hearing within five calendar days by submitting a request in writing to the Chief of Police. If a hearing is requested, it shall be held as soon as practical. The hearing shall be conducted by the Chief of Police or his/her designee. The Tow Operator shall be entitled to present all relevant facts and circumstances in support of his/her position. The Tow O perator shall be further entitled to present testimony of at least one representative of a tow truck association or other qualified person. The Tow Operator shall be notified in writing of the decision of the Chief of Police within 30 calendar days of the date of the hearing.
E. A suspension or termination shall not take effect until the hearing and administrative appeals process has been exhausted, with the exception of Tow Operators whose conduct is deemed to be a danger to the motoring public or whose conduct is a gross , major, serious) violation of the terms and conditions of this contract. If a Tow Operator fails to request a hearing or appeal within the specified time, or fails to appear at a scheduled hearing or appeal, the action taken by the Chief of Police shall be final, and the suspension or termination shall take effect upon written notification
to the Tow Operator by the Chief of Police. Appeals to the court shall not stay the Chief’s decision.
18. REINSTATEMENT TO THE ROTATION TOW LIST
A. Whenever a Tow Operator is removed from the rotation tow list for any reason, or has completed the term of suspension, and the Chief of Police or his/her designee is satisfied that continued compliance will be maintained, the Tow Operator shall schedule a facility and truck inspection with the LPD Tow Coordinator. Upon passing the inspections, the Tow Operator shall be restored to the rotation tow list at the beginning of the next calendar month.
19. CANCELLATION
A. This agreement may be cancelled by either party, without prejudice, by giving a thirty (30) day written notice to the other party.
20. APPROVAL SPECIFICATIONS
A. Tow Operator shall submit a rate sheet to the LPD Tow Coordinator for approval.
21. TOW OPERATOR’S UNDERSTANDINGS
The undersigned Tow Operator agrees that as a con dition to inclusion on the rotation tow list of the LPD, he/she shall comply with these rules and regulations. Furthermore, the undersigned agrees that any failure to comply with these rules and regulations by him/her or anyone acting as his/her agent sha ll be cause for immediate removal from the LPD rotation tow list upon notification by the Chief of Police.
I certify that I have read and understand this C ontract, including all attachments, and agree to abide by all the provisions. I further agree to indemnify, defend, and save harmless the City of Lodi, its elected officials, officers, agents , and employees from any and all claims and losses accruing or resulting to the Tow Operator in connection with the performance of this C ontract, and from any and a ll claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Tow Operator in the performance of this C ontract. The Tow Operator, and the agents and employees of the Tow Operator, in the performance of this Contract, shall act in an independent capacity and not as officers, employees, or agents of the City of Lodi.
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DEFI
NITIONS
L.P.D. and Lodi Police Department are synonymous
Operator, tow operator, and tow company are synonymous
C.H.P and California Highway Patrol are synonymous
C.V.C and California Vehicle Code are synonymous
APP
EAL
T
he final level of review for pending disciplinary action.
CALL
FOR SERVICE
Th
e request made by the L.P.D. dispatch center to an operator to respond to a location as given by the dispatch center. The call for service begins when the call is received by the operator until the operator is relieved from the call for service by a L.P.D. official or secures the received motor vehicle in its storage facility.
FO
R HIRE TOWING EXPERIENCE
E
xperience where the operator has owned and operated tow trucks for the purposes of rendering aid to motorists in the field of towing and road service or assisted a public agency in the towing and recovery of motor vehicles and where a fee for services was charged.
HE
ARING
T
he process of appeal in which the operator meets with the Chief of Police, at his arrangement of an appointment, after submitting a written request within seven days of receiving any form of discipline.
OP
ERATOR
R
efers to the company, its owners, and its managers who have authority to enter into a contract with the L.P.D. for towing services and to conduct business in accordance with the terms of this contract and its employees.
OW
NER/AGENT
An
y person having legal entitlement to authority.
PO
RTAL TO PORTAL
Ser
vice shall start at the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall end at the estimated time of return to the
ATTACHMENT A
place of business or the completion of the call, if another call is pending, whichever is shorter.
Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that are not part of normal operating procedures. For the purposes of this contract, “portal to portal” shall also mean “portal to end of service.”
POSSESSION
Pursuant to section 3068 of the Civil Code, possession is deemed to arise when the vehicle is removed and is in transit.
RESPONSE TIME
The period of time from an operator’s notification by the L.P.D. dispatch center of a call for service of the arrival of the tow truck at the location requested.
RETAIL RATE
The usual customary retail rate charged by an operator to individual retail customers.
This is the competitive rate a company has posted in the office and quotes over the phone.
ROTATION TOW LIST
A listing formed of the eligible operators successful in meeting the requirements of the tow service contract. Each operator on the list is sequentially rotated through on an as needed call for service basis. The list will show the L.P.D. case number of the call assigned to the operator. If an operator is passed losing a turn at rotation, the list will show no case number and a marking identifying the rotation loss.
RULES AND REGULATIONS
The guidelines by which an operator agrees to comply with to conduct business with the L.P.D. and when representing the L.P.D. on calls for service. Rules and regulations may also be referred to as terms and conditions.
SUSPENSION
Removal of an operator from the L.P.D. ’s rotation tow list for a specified period of time.
Suspensions may be for periods longer than the current term of the contract.
TERMINATION
Permanent removal of a tow operator from the L.P.D.’s rotation tow list for the remainder of the term of the Tow Service Contract and disqualification from any further participation in the L.P.D.’s rotation tow program.
ATTACHMENT A
TERMS AND CONDITIONS
See Rules and Regulations.
TOW TRUCK
A tow truck as defined in section 615 of the California Vehicle Code. Also includes slide back carriers and wheel lift vehicles.
TOW SERVICE CONTRACT
A document which sets forth the terms and conditions of a contract between the operator and the L.P.D.
WRITTEN REPRIMAND
A written notice to an operator which specifies any violation(s) of the Tow Service Contract, orders corrective action, and warns of further action(s) to be taken if corrective action is not taken.
ATTACHMENT A
TO
W TRUCK OPERATOR/DRIVER – PERMITS
PERMIT REQUIRED:
Al
l drivers and or operators of any towing vehicle described in California Vehicle Code section 615(a) shall first obtain a permit in writing to do so from the Chief of Police of the City of Lodi.
OPERATOR RESPONSIBILITY
It
shall be a violation of the rules and regulations for any operator to allow or permit any driver to operate or drive within the City of Lodi a towing vehicle owned or under the control of said operator unless said driver has a valid permit issued to said driver.
APPLICATION FOR PERMIT
Appl
ication for Tow Truck Operator/Driver Permits shall be filed with the Chief of Police upon forms which will be furnished by the City of Lodi.
APPLICATION FEE
Bef
ore the Chief of Police shall accept and process an application for a Tow Truck Operator/Driver Permit, the applicant shall pay an application fee to the Lodi Police Department.
Said fee will be $110.00 per applicant. The annual renewal fee will be $54.00.
INVESTIGATION
Th
e Chief of Police shall cause an investigation to be made in order to determine the applicant’s qualifications and fitness to be a Tow Truck Operator/Driver.
APPLICANT TO BE PHOTOGRAPHED AND FINGERPRINTED
In
order that the Chief of Police may investigate the applicants’ qualifications and fitness to be a Tow Operator/Driver, every applicant for a Tow Truck Operator/Driver Permit shall be photographed and fingerprinted.
PERMITS – TO WHOM ISSUED
A T
ow Truck Operator/Driver Permit shall not be issued to any of the following persons:
(a) A
ny person under the age of eighteen (18) years.
(b) Any person who is not of good moral character to be determined by the Chief of Police. (c) Any person who has been convicted of a felony until the expiration of five (5) years from termination of confinement, parole, and/or probation.
(d) Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicants until the expiration of five (5) years from termination of confinement and/or probation.
ATTACHMENT B
(e) Any person not possessing a valid driver’s license issued by the State of California permitting said person to drive a tow vehicle.
(f) Any person who has not been a continuous resident of the County of San Joaquin/Sacramento for at least thirty (30) days immediately preceding the date of said person’s application. (g) Any person convicted of a crime involving moral turpitude regardless of whether the record of conviction has been expunged.
(h) Any person convicted of trafficking in, unlawful use, or driving while under the influence of narcotics, regardless of whether the record of conviction has been expunged. (i) Any person convicted of a weapons violation until the expiration of five (5) years from termination of confinement, parole, and/or probation, whichever is later. (j) Any person who would be denied and/or have revoked a State of California Tow Truck Driver Certificate pursuant to Section 13377 of the Vehicle Code of the State of California, and any amendments thereto.
(k) Any person who provided false, incomplete, or materially misrepresented information on the application for a Tow Truck Operator/Driver Permit.
(l) Any person who has failed to pay all fees required.
TOW VEHICLE DRIVER’S PERMIT – TERMS/CONDITIONS
Upon c
ompletion of the investigation, if the Chief of Police finds that the applicant meets the minimum standards established and is a fit and proper person to be a Tow Operator/Driver in the City of Lodi, the Chief of Police shall issue or cause to be issued to said applicant a Tow Truck Operator/Driver Permit. Said Permit, unless suspended or revoked, shall be valid for a period of one (1) year from the date of issuance and must be renewed annually.
It
shall be a violation of the terms and regulations for any driver to operate or be in charge of any towing vehicle to fail, at all times while operating or in charge of such vehicle, to wear on his or her uniform or have visible and in his or her immediate possession the Driver’s Permit required to be secured from the Chief of Police. It shall also be a violation of the terms and regulations for any driver operating or in charge of any vehicle to have a Driver’s Permit issued to another person for the purpose of operating such vehicle.
DENIAL OF PERMIT
Upon c
ompletion of the investigation, if the Chief of Police finds the applicant does not meet the minimum standards established to be a Tow Truck Operator/Driver, the Chief of Police shall refuse to issue, suspend, or revoke a Tow Truck Operator/Driver Permit to that applicant.
REVOCATION, SUSPENSION, OR REFUSAL TO RENEW PERMIT
The Chief of Police may revoke, suspend, or refuse to issue a new Tow Truck Operator/Driver Permit if the driver or applicant has, since the granting of the original or renewed permit:
(a
) Been convicted of a felony or a crime involving moral turpitude; using, possessing, selling, or transporting narcotics; or imparting information for obtaining narcotics. (b) Been convicted of driving recklessly or while under the influence of alcohol or narcotics. (c) Had the State Driver’s License revoked or suspen ded. (d) Been convicted of any of the offenses set forth in Sections 20001, 20002a, 22348, 22349, 22350, 22351, 23103, 23104, 23109, 23152 and/or 23153 of the Vehicle Code of the State of California and amendments thereto, or any combination of either or any of said offenses.
ATTACHMENT B
(e) Been convicted within a one (1) year period of three (3) or more moving violations, other than those specified in subsection (d) of the Vehicle Code of the State of California. (f) When for any reason, whether specifically set forth herein or not, after due investigation, the Chief of Police finds that the applicant is an unfit person to drive a tow vehicle. (g) When driving for an Operator, that is obligated by a contract , that has charged or received a fee in excess of the rates established by the City of Lodi Tow Contract or violated any of the other provisions of said contract.
REVO
CATION - HEARING
Den
ial or revocation of a Tow Truck Operator/Driver Permit shall be made only after a hearing granted to the holder of such permit before the Tow Coordinator, after five (5) days notice to said permit holder, setting forth the grounds of the complaint against said permit holder and stating the time and place where such hearing will be held. Upon revocation of any permit, such permit shall be forthwith surrendered to the Chief of Police. An appeal of the hearing can be filed in writing with the Chief of Police with five (5) days of the original hearing. The decision of the Chief of Police in revoking the permit shall be final and conclusive.
DECISION OF CHIEF OF POLICE FINAL
The
decision of the Chief of Police of the City of Lodi as to the fitness or unfitness of the applicant, either before or after the issuance of a Tow Vehicle Driver’s Permit, shall be final and there shall be no appeal therefrom.
FAILURE TO OBTAIN NEW PERMIT
If
the holder of a Tow Truck Operator/Driver Permit fails to renew said permit prior to the expiration date of the current permit, the Tow Truck Operator/Driver Permit shall cease to be valid and the permittee must make application for a new Permit as provided above.
TOW VEHICLE DRIVERS – LIST OF TOW COMPANIES
On or before the first day of January and the first day of June, each year, every operator who has employed any person or persons as a Tow Vehicle Driver or Drivers shall furnish the Chief of Police of the City of Lodi with the names of every person employed by such person, firm, or corporation as a Tow Vehicle Driver during the preceding six (6) month period.
ATTACHMENT B
Risk: rev. 3/1/2018
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 Tow Contracts
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 $1,000,000 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.
On-hook coverage – insuring the vehicle in tow with limits based on the size of the tow truck. Class A tow truck $50,000
Class B tow truck $100,000
Class C tow truck $200,000
Class D tow truck $250,0 00
Garage liability – includes premises and operations. Coverage for bodily injury and property damage with the combined single limit of not less than $500,000.
Garage keepers liability – shall be the same minimum as on-hook coverage for vehicles in the care, custody, and control of the Tow Operator in the storage facility.
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.
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
ATTACHMENT C
Risk: rev. 3/1/2018
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 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 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) 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.
ATTACHMENT C
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A TOW SERVICE CONTRACT FOR
POLICE ROTATIONAL TOWING SERVICES WITH
HAYNES BROTHERS INVESTMENTS, LLC, OF LODI
========================================================================
WHEREAS, the Lodi Police Department maintains a rotational towing company list to respond to requests by the department that include: impounded vehicles for investigative purposes as evidence in a criminal case, vehicles invo lved in accidents or other emergency situations, impound tows for suspended/unlicensed drivers, abandoned or inoperative vehicles, and any other tows requested by police personnel; and
WHEREAS, the previous agreement was approved by Council in 2014 and w as written as an evergreen contract with set hourly, storage, and gate fee pricing; and
WHEREAS, in order to mitigate the problem of rates that will not cover costs and the probability of losing tow contractors that meet the response requirements , the Po lice Department has adopted the California Highway Patrol, Stockton CHP Office rates.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to execute the Tow Service Contract for police rotational towing services with Haynes Brothers Investments, LLC, of Lodi, California; 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: January 18, 2023
========================================================================
I hereby certify that Resol ution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-07
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute a Five-Year Professional Services Agreement for Animal Services Veterinary Oversight with Elaine M. Dornton DVM of Acampo, California in the amount of $100,000.
MEETING DATE: January 18, 2023
PREPARED BY: Chief of Police
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to ex ecute Professional Services Contract for Animal Services veterinary oversi ght with Elaine M.
Dornton, DVM of Acampo, California.
B
ACKGROUND INFORMATION: The City of Lodi Animal Shelter provides shelter services for more than twelve hundred animals each year. Veterinary services are required to comply with state law while meeting community expectations of quality care provided to shelter animals. Having an on- site licensed veterinarian demonstrates greater fiscal responsibility and reduces the costs of off -site veterinary care. With the increasing success of adoptions, on- site veterinary services must be performed on a day -to-day basis to ultimately reduce an animal’s length of stay and lower s overall cost for extended boarding and care.
Dr
. Dornton’s on-site veterinary services are crucial to continue to sustain the health and wellness of shelter animals that are in the care of City of Lodi. Ensuring that shelter animals are up-to-date on vaccines and healthy enough to go to a new home helps the save rate of shelter animals rise and the euthanasia rate decline.
F
ISCAL IMPACT: Veterinary oversight costs included in the 22/23 budget. No additional funding needed.
FUNDING AVAILABLE: Animal Services Misc. Professional Services – 10031002.72450 ______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________ _______________
Sierra Brucia
Chief of Police
AGREEMENT FOR PROFESSIONAL SERVICES
AR
TICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on ________ ______, 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter “CITY”), and ELAINE M.
DORNTON, DVM (hereinafter “CONTRACTOR”).
Section 1.2 Purpose
CITY selected the CO NTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference.
CITY wishes to enter i nto an agreement with CONTRACTOR for Animal Shelter Veterinary Oversite and 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.
AR
TICLE 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 s hall 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 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 s hall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Staffing
CONTRACTOR a cknowledges 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 appr ovals, 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 s hall 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 January 1, 20 23 and terminates upon the completion of the Scope of Services or on January 1 , 2028, whichever occurs first.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR’s compensation for all work unde r 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 additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR s hall 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 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR t
o CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and ass istance 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.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR s hall 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 services under this Agreement, CO NTRACTOR 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 har
mless 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. 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 Cit
y employee shall be personally responsible for any liability arising under this Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or par
ts 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 this Agreement, i
nsurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR eac h 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 s
igned 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: Andrea Morales
To CO
NTRACTOR: Elaine M. Dornton, DVM
22584 N. Dustin Road
Acampo, CA 95220
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant i
nformation it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR a grees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to require 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 CO
NTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concernin g 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 a grees 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.
J
urisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior 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 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 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 r
equires 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.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for c
onvenience 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 CO
NTRACTOR 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 doc
ument. 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 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 m
aterial 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 Authority
The undersigned hereby represent and warrant that they are authorized by the par
ties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
If the box at left i s 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 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 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 fac simile 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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SCOPE OF SERVICES
Veterinary Services:
Contractor shall provide medical evaluation and treatment for animals in the care and custody of the Lodi Animal Services at the shelter facility. Animals may include, but not limited to, domestic and exotic. Services for the treatment of animals may include, but are not limited to, routine and emergency calls during normal working hours. In addition to the treatment of animals, the Contractor shall provide consultation services to the Lodi Animal Services. Contractor shall perform routine visits and trainings at the animal shelter.
Specifications:
Cont
ractor shall provide the below services, including administering drugs as necessary, drugs involved in the medical care of sick and injured animals, the chemical capture of loose or aggressive animals, and for humane euthanasia. Services may include, but are not limited to the following:
Vet
erinarian Services- Cont ractor shall provide during regular business hours veterinarian services. The City shall bear no additional cost for phone consultations. Veterinarian services may include, but no limited to, examining, diagnosing, and treating sick or injured stray animals brought in to the shelter facility by Animal Services staff or designee of the City, providing guidance to City staff on follow-up treatments, and euthanasia.
Ba
sic triage- Con tractor shall provide basic medical care for all animals brought into the shelter facility by Animal Services staff, or designee of the City. Treatment shall include but is not limited to full examination, fluid therapy, injectable medications, and basic bandaging in order to stabilize the animal, and necessary euthanasia to prevent further suffering.
Pr
ofessional Assistance for Crue lty (Neglect Investigations) - Contractor shall provide professional evaluation and advice to Animal Services staff concerning the medical and health conditions of animals suspected to be the object of cruelty or neglect. This may, by necessity, require prompt shelter visits at the shelter facility by a licensed veterinarian along with written documentation of the condition and treatment of the animal. Contactor
EXHIBIT A
shall provide detail reports with supporting documents and photographs of any abused animals within 5 business days of the service, or as may otherwise be required by the City.
Co-sign for the City ’s Controlled Drugs- Contractor shall be licensed to act as co -signer for the purchase of controlled drugs. These drugs may include, but are not limited to, tranquilizers and euthanasia. All drugs used shall be kept in a locked storage in the Animal Services office or in the locked box in the Animal Services trucks assigned out for the work shift. All Animal Services Officers shall be properly trained and qualify to use the dart gun by the City and be certified prior to administrating any controlled drug.
Vet
erinarian of Record for Veterinary Prem ise License- Contractor shall be the veterinarian of record for the purpose of maintaining a current Veterinary Premise License with the State of California. A copy of the veterinarian's current license shall also be posted.
Tr
aining of Shelter Staff- Cont ractor shall provide a 4-hour training course when necessary to Animal Services staff at the request of the City. Training areas may include, but are not limited to, euthanasia, animal first aid, neglect, infectious diseases, shelter vaccine protocol, shelter medical treatments and drug dose usage for the dart gun.
Vet
erinary Assistance for Rabies Vaccinations- Cont ractor shall partner with Lodi Animal Services to provide reduced cost rabies vaccination programs/ clinics for the community.
Pr
ofessional Testimony in Court- C ontractor shall give professional testimony in court for criminal or civil litigation, and for administrative hearings, when necessary at the request of the City.
• Contractor shall be a California licensed Veterinarian (must submit copy of li
cense)
• Contractor shall be licensed to perform euthanasia.
• Contractor shall hold a DEA license (must submit copy of license). • Contractor shall maintain all required certifications and license. • Contractor shall maintain all records
EXHIBIT A
FEE PROPOSAL
Fee Proposal, compensation shall be at an hourly rate of $110.00 per visit for full examination, medical care and trainings as outlined in the scope of services at the shelter facility. A minimum of 2 hours per visit to be paid for the veterinarian services provided at the shelter facility.
Compensation shall not exceed: $20,000.00 annually.
The Contractor shall be paid monthly for the said amount upon submittal of a monthly invoice showing completion of the tasks that month, including the services rendered, the costs incurred for materials, the person(s) rendering performed services, the amount time spent by such person(s), and the applicable hourly rate at the shelter facility.
If Contractor's performance is not in conformity with the Scope of Services, payments may be delayed or denied, unless otherwise agreed to by the City.
If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this contract.
EXHIBIT B
Risk: rev. 3/1/2018
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 Professional Services
for Animal Veterinary
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. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services.
Other Insurance Provisions:
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.
(a) 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.
(b) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled without 30 days' prior written notice of such cancellation to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240.
(c) 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.).
(d) Failure to Comply 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.
(e) Verification of Coverage
Consultant shall furnish the City with a copy of the insurance 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.
(f) 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.
EXHIBIT C
Risk: rev. 3/1/2018
(g) Insurance 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 under the provisions of this paragraph is not limited to or restricted by any requirement in t he Agreement for Contractor to procure and maintain a policy of insurance.
(h) 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
(i) 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.
(j) 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.
EXHIBIT C
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A FIVE-YEAR PROFESSIONAL SERVICES AGREEMENT WITH ELAINE M. DORNTON, DVM, OF ACAMPO, FOR
ANIMAL SERVICES VETERINARY OVERSIGHT
========================================================================
WHEREAS, the Lodi Animal Shelter houses approximately twelve hundred animals each year. To ensure potential adopters that a shelter animal is healthy and up -to-date on vaccines, each animal that is housed by City of Lodi must be evaluated by a licensed veterinarian; and
WHEREAS, with the increasing success of adoptions, on- site veterinary services must be performed on a day -to-day basis to ultimately reduce an animal’s length of stay and lower the overall cost for extended boarding and care; and
WHEREAS, in order to contain the costs of outside care and better manage fiscal resources, an on -site licensed veterinarian will assist in basic tri age, neglect investigations, co-sign for controlled drugs, and train shelter staff when necessary; and
WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Elaine M. Dornton, DVM , of Acampo, in an amount not to exceed $100,000 over a five-year period.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Elaine M. Dornton, DVM , of Acampo, California, in an amount not to exceed $100,000 over a five-year period; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: January 18, 2023
========================================================================
I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-08
COUNCIL COMMUNICATION
APPROVED: _________________________________
Stephen Schwabauer, City Manager
\\PWADC02\msc$\GROUP\ADMIN\Council\2023\01182023\Civil Hydro\CC_CivilHydro.doc 1/6/2023 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 6 to Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for Consulting and Project Management Services for Central Plume Area, Monitoring Well Abandonment, SGMA and City-wide Plume Management ($500,600), and Appropriating Funds ($500,600)
MEETING DATE: January 18, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 6 to Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for consulting and project management services for consulting and project management services for Central Plume Area, Monitoring Well Abandonment, SGMA and City-wide Plume Management, in the amount of $500,600, and appropriating funds in the amount of $500,600.
BACKGROUND INFORMATION: H istorical practices have resulted in the contamination of groundwater by tetrachloroethylene (PCE) and trichloroethylene (TCE) producing four identified groundwater contaminant plumes (Northern, Southern, Central and Western) within the City of Lodi. Efforts to remove PCE and related contaminants from the Central Plume Source Area (CPSA), have been ongoing since 2003.
On May 6, 2019, the City executed a Professional Services Agreement with Civil Hydro Tech, LLC (CHT), for PCE/TCE groundwater program and plume management, in the amount of $141,700. The original scope of work includes providing sampling, monitoring and reporting specific to achieving regulatory closure of the Soil Vapor Extraction and Groundwater Extraction (SVE/GWE) system within the Central Plume with the ultimate goal of system shutdown; and removal; assisting the City with management of the remaining groundwater plumes; and providing the City with guidance related to the Sustainable Groundwater Management Act (SGMA).
Since the original Professional Services Agreement was approved by Council in 2019, Council has approved five subsequent amendments that expanded the scope of work to include various regulatory needs, additional state monitoring, reporting, and preparation of a closure plan for the Central Plume Soil Vapor Extraction System. The soil vapor extraction system that served the Central Plume is now decommissioned and removed.
A
mendment No. 6, if approved, would provide consulting and project management for ongoing investigation and remediation in two specific areas impacted by the central plume where the SVE system was unsuccessful in removing. As part of the approved closure, the City proposed that if indoor air monitoring indicated increased PCE concentrations due to remaining soil or soil vapor contamination, the City would perform additional investigative activities using passive soil gas (PSG) samplers and other sampling methods to pinpoint the area(s) of impacts, and targeted remediation, if necessary, to address the area(s). These activities are outlined in Attachment 1. The vast majority of this Amendment ($334,100) will consist of well abandonment activities. CHT will provide all services associated with the well destruction of up to 20 of the remaining 72 groundwater monitoring wells that are located throughout the various plume areas. Additional Adopt Resolution Authorizing City Manager to Execute Amendment No. 6 to Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Consulting and Project Management Services for Central Plume Area, Monitoring Well Abandonment, SGMA and City -wide Plume Management ($500,600), and Appropriating Funds ($500,600)
January 18, 2023
\\PWADC02\msc$\GROUP\ADMIN\Council\2023\01182023\Civil Hydro\CC_CivilHydro.doc 1/6/2023 funding will be provided for on-call environmental services for City-wide plume management and on-call SGMA consulting services.
Staff recommends authorizing City Manager to execute Amendment No. 6 to Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for consulting and project management services for Central Plume Area, Monitoring Well Abandonment, SGMA and City-wide Plume Management in the amount of $500,600, and appropriating funds in the amount of $500,600.
FISCAL IMPACT: The PCE/TCE sampling and remediation activities are a requirement of the Water Board. Failure to perform could result in violations or fines. This work does not impact the General Fund.
FUNDING AVAILABLE: Requested Appropriation:
Central Plume Fund (59199000.77020): $ 111,500
PCE/TCE Rates (56599000.77020) $ 369,100
Water Administration (52052001) $ 20,000
TOTAL: $500,600
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Prepared by Andrew Richle, Utilities Superintendent
CES/AR/tw
Attachment
Project Title: CIP List Proj #
Section I: Description District Nos: Project Length Priority Section II: Estimated Projec
Expenditure Prior Years FY 21/22
Estimate
FY 22/23
Budget
FY 23/24 FY 24/25 FY 25/26 FY 26/27 Future Yrs Total
Contracts -$ 500,600$ 500,600$
-$ -$
-$ -$
-$ -$
-$ -$
Total Capital Costs -$ -$ 500,600$ -$ -$ -$ -$ -$ 500,600$ Section III: Funding Source
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
590 - Central Plume -$ 111,500$ 111,500$ 565 - PCE Rate Abatement -$ 369,100$ 369,100$ 560 - Water Fund -$ 20,000$ 20,000$ -$ -$
Total Project Financing -$ -$ 500,600$ -$ -$ -$ -$ -$ 500,600$ Capital Improvement Plan
FY 2022-2023
Additional Information
Justification/factor driving project
Amendment 6 to the Civil Hydro Task contract for consulting and project management services for Central Plume, monitoring well abandonment, SGMA and Citywide plume management
PCE/TCE Plume Management Munis Project Code:
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 6 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH CIVIL HYDRO TECH, LLC, OF LOS ALTOS, FOR
CONSULTING AND PROJECT MANAGEMENT SERVICES FOR CENTRAL
PLUME AREA, MONITORING WELL ABANDONMENT, SGMA AND CITYWIDE PLUME MANAGEMENT; AND FURTHER APPROPRIATING FUNDS
========================================================================
WHEREAS, historical practices have resulted in the contamination of groundwater by tetrachloroethylene (PCE) and trichloroethylene, producing four identified groundwater contaminant plumes within the City of Lodi; and
WHEREAS, efforts to remove PCE and related contaminants from the Central Plume Source Area (CPSA), have been ongoing since 2003, utilizing both soil vapor extraction and groundwater extraction systems; and
WHEREAS, the City, with the assistance of Civil Hydro Tech, LLC, has been working closely on cleanup activities for the CPSA with the Central Valley Reg ional Water Quality Control Board; and
WHEREAS, staff recommends the City Council authorize the City Manager to execute Amendment No. 6 to the Professional Services Agreement with Civil Hydro Tech, LLC, of Los Altos, for consulting and project m anagement services for Central Plume Area, Monitoring Well Abandonment, SGMA and Citywide Plume Management, in the amount of $500,600; and
WHEREAS, staff also recommends the City Council authorize an appropriation of funds in the amount of $111,500 from the Central Plume Fund (59099000.77020), $369,100 from the PCE/TCE rates fund (56599000.77020), and $20,000 from Water Administration fund (56052001.72450).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to exec ute Amendment No. 6 to the Professional Services Agreement with Civil Hydro Tech, LLC., of Los Altos, California, for consulting and project management s ervices for Central Plume Area, Monitoring Well Abandonment, SGMA and Citywide Plume Management in the amount of $500,600, for a tot al c ontract amount of $1,331,333; and
BE IT FURTHER RESOLVED, that the Lodi City Council does hereby authorize an appropriation of funds in the amount of $500,600, as set forth above; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: January 18, 2023
======================================================================== I hereby certify that Resolution No. 2023- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-09
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
R:\GROUP\ADMIN\Council\2023\01182023\O'Dell\CC O’Dell.doc 1/3/2023 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for On-Call Landscape Architectural Services ($35,000)
M
EETING DATE: January 18, 2023
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for on-call landscape architectural services, in the amount of $35,000.
BA
CKGRUND INFORMATION: Governor Brown's Drought Executive Order of April1, 2015 (EO B-29-15) directed the Department of Water Resources to update the State's Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation. The California Water Commission approved the revised Ordinance on July 15, 2015.
In response to the additional oversight and reporting requirements associated with the revised ordinance, and to augment reduced staffing levels, the City initially entered into a Professional Services Agreement with O'Dell Engineering, Inc. for on-call landscape architectural services on May 30, 2017. Services included on- call assistance for building permit plan review and ordinance conformance review for projects that include over 2,500 square feet of landscape improvements, and for other MWELO related consultation. The City then executed Amendment No. 1 on February 16, 2022 extending the term for one year.
Development within the City requiring landscape architectural review for MWELO compliance is expected to continue over the next year. The initial term of the Professional Services Agreement was three years, with two, optional, one-year extensions. Amendment No. 1 extended the term through April 20, 2023.
Amendment No. 2 will add funds in the amount of $35,000 for a total not-to-exceed amount of $135,000 and extend the term to April 30, 2024.
Staff recommends authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for on-call landscape architectural services, in the amount of $35,000, for a total Professional Services Agreement of $135,000.
Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with O'Dell Engineering, Inc., of Modesto, for On-Call Landscape Architectural Services ($35,000)
January 18, 2023
1/3/2023
FISCAL IMPACT: This contract impacts the General Fund but current plan check fees offset the cost.
FUNDING AVAILABLE: Water Operations (56052001.72450)- $35,000
______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________
Charles E. Swimley, Jr.
Public Works Director
Tosha Wiman, Compliance Manager
CES/TW
Attachment
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH O’DELL ENGINEERING, INC., OF MODESTO,
FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES
========================================================================
WHEREAS, Governor Brown’s Drought Executive Order of April 1, 2015 (EO B -29-15) directed the Department of Water Resources to update the State’s Model Water Efficient Landscape Ordinance forcing additional oversight and reporting requirements; and
WHEREAS, due to the continued development within the City requiring landscape architectural review and consultation for the State’s Model Water Efficient Landscape Ordinance compliance, staff reco mmends the City Council authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with O’Dell Engineering, Inc., of Modesto, for on- call landscape architectural services, in the amount of $35,000, for a total contract amount of $135,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with O’Dell Engineering, Inc., of Modesto, California, for on- call landscape architectural services, in the amount of $35 ,000, for a total c ontract amount of $135,000 , thereby extending the term of the agreement to April 30, 2024; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: January 18, 2023
======================================================================== I hereby certify that Resolution No. 2023- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-10
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Renewal of Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and Further Authorizing the City Manager to Execute Agreement
M
EETING DATE: January 18, 2023
P
REPARED BY: Human Resources Manager
RE
COMMENDED ACTION: Adopt Resolution Approving Renewal of Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and Further Authorizing the City Manager to Execute Agreement B
ACKGROUND INFORMATION: The City of Lodi is contracted with Landmark Healthplan of California to provide chiropractic services to the City’s full-time employees and COBRA participants. This chiropractic plan is a stand alone policy separate from the City’s medical plans offered through CalPERS.
The term of this agreement shall begin on February 1, 2023 and continue in effect until January 31, 2024.
This contract shall automatically renew for successive one- year terms on each anniversary of the commencement date of this Agreement. The city may terminate this Agreement by providing Landmark Healthplan with 30 calendar days’ prior written notice.
F
ISCAL IMPACT: Annual cost of approximately $70,000.
F
UNDING AVAILABLE: Included in Benefits Fund appropriations (65522000). _________________________________
Adele Post
Human Resources Manager
_________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
1. AMENDMENT to the GRoUP AGREEMENT
Between
City of Lodi
And
LANDMARK HEALTH PLAN OF CATIFORNIA, INC
This Amendment dated February, 2023, is entered into by and between City of Lodi ("Group"), and Landmark Healthplan of California, lnc. ("Plan"), collectively referred to herein as "Parties", in orderto modify the Group Agreement ("Agreement"), February L,2O2L, as amended. ln consideration of the recitals, covenants, conditions, and promises contained in the Agreement, the Parties agree to modify the Agreement as follows:
Cover Sheet, Provision 1, "Periodic Charges", is deleted in its entirety and replaced with the following:
Renewal For Current Benefits
S10 copay/40 visits
Chiropractic
Current Rates Renewal Rates
EE $s.71 s6.s7
EE+SP itL.47 $rg.rg
Familv s1s.oo $r7.2s
All other provisions of the Agreement, its Addenda or Amendments not inconsistent herein shall remain in fullforce and effect.
Pursuant to Section 3.06 of the Agreement, this Amendment is effective on the day and year set forth above.
Please sign digitally and return via email or sign and fax to (916) 307-5250 Signature Date
Stephen Schwabauer City Manager
Approvod m tg Fonnl
Print Name and Title
CityAttorney
Landmark Healthplan of California, Inc. ● 2629 Townsgate Road, Suite 235 ● Westlake Village, CA 91361 ● 1-800-298-4875 Page 1
SCHEDULE OF BENEFITS
Chiropractic Benefit
Your Employer Group has contracted with Landmark Healthplan of California, Inc. (Landmark) to provide you with a chiropractic benefit that requires the use of Participating Chiropractors. You can obtain a dire c- tory of Participating Chiropractors through your employer, plan administrator, or Landmark, or you can access a continuously updated directory on Landmark’s Web site at www.LHP-CA.com under the “Mem- ber” option. You may also call Landmark’s Customer Service Department at 1-800-298-4875, option 2, for referrals to Participating Practitioners in your area.
FREE LANGUAGE ASSISTANCE IS AVAILABLE
If you need help in understanding your Landmark chiropractic benefits or need help to handle an issue about your benefits, please contact Landmark’s Customer Service Department at 1-800-298-4875, option 2, be tween 8:30 AM and 5 :00 PM, Mo nday through Friday, for free help. We can also help you in lan- guages other than English.
If you or your dependents would like Landmark and your doctor to use a specific language when speaking or writing to you, please go to https://www.LHP-CA.com/Survey.aspx on the Internet and complete Lan d- mark’s brief language pr eference survey. The survey only takes about 3 minutes to complete and your answers will be strictly confidential. If you prefer to complete a paper copy of this survey, you may r e- quest one by writing to us at:
Land mark Healthplan of California, Inc.
Attn: QM Dept. - SURVEY
2629 Townsgate Road, Suite 235
Westlake Village, CA 91361
Benefits and Co-payments
Office Visit $10 co-payment
Maximum Annual Visits 40 visits
X-ray Services* $75 annual maximum benefit
Emergency Care** Same co-payment as office visit
Durable Medical Equipment Purchase or Rental*** $50 annual maximum benefit *X-ray Services must be prescribed by a Participating Chiropractor. **Services provided by Non-Participating Chiropractors are covered for Emergency Services only. ***Durable Medical Equipment must be prescribed by a Participating Chiropractor.
A. Covered Services
1. Chiropractic Treatment
Covered Chiropractic Services are those within
t
he scope of chiropractic care that are support-
ive to help Members achieve the physical state
enjoyed before an injury or illness and that are
furnished for the diagnosis and/or treatment of a
neur
omusculoskeletal condition associated with
an i
njury or illness including the following sevic-
es:
Examinations
Manipulation
Conjunctive Physiotherapy
X-rays
Emergency Services
2. E
mergency Services
Emergency Services are covered for the sudden
and unexpected onset of an acute illness, ex-
treme neuromusculoskeletal pain or accidental
injury to the nervous, musculoskeletal and/or
skeletal body systems, that, in the reasonabl
e
j
udgment of the Member, requires immediate
c
are, the delay of which could decrease the like-
lihood of maximum recovery, and for which the
Mem
ber seeks to secure chiropractic services
i
mmediately after the onset, or as soon thereaf-
ter as practicable. Emergency Services do not
require pre-authorization; however, Emergency
Services rendered by a Non-Participating Chiro-
practor are subject to Landmark’s determination
EXHIBIT A&B
Landmark Healthplan of California, Inc. ● 2629 Townsgate Road, Suite 235 ● Westlake Village, CA 91361 ● 1-800-298-4875 Page 2 that the Member would reasonably have consid-
ered that Emergency Services were required.
Emergency Services rendered by a
Non-Participating Chiropractor are covered only
when the chiropractor rendering services can
show that the services were for a neuromuscu-
loskeletal condition and were provided to reduce
the severity of the condition including pain until a
Participating Chiropractor could safely assume
treatment. Similarly, Emergency Services re-
ceived outside of Landmark’s Service Area will
be covered only when the Non-Participating Chi-
ropractor rendering services can show that the
services were for a neuromusculoskeletal condi-
tion and were provided to reduce the severity of
the condition including pain until a Participating
Chiropractor could safely assume treatment. Un-
der the Landmark Plan, emergency care must
be transferred to a Participating Chiropractor as
soon as such transfer would not create an un-
reasonable risk to the Member’s health.
B. Second Opinions and Referrals
1. Second opinions
On occasion, a Participating Chiropractor may
require a second opinion, which is for consulta-
tion only, from another chiropractor. Landmark
does not require an authorization for any second
opinion. Second opinions initiated by your Par-
ticipating Chiropractor will not count against your
maximum annual visits and will not require a
Member office visit co-payment.
Second opinions initiated by Members do not
require prior authorization but will count against
the maximum annual visits and will require a
Member office visit co-payment.
2. Referrals to non-chiropractic practitioners
F
or referrals to non-chiropractic practitioners,
Members or enrollees of full-service plans or
HMOs will be referred to the plan or HMO practi-
tioner network for non-neuromusculoskeletal
conditions, conditions not improving with chiro-
practic care, and other such services that cannot
be provided by another Participating Chiroprac-
tor.
C. Limitations and Exclusions
Circumstances Causing Services to be
Excluded or Limited
1. Services provided by a Non-Participating
Chiropractor, except for emergencies
2. Services provided outside of Landmark’s
Service Area, except for emergencies
3. Services incurred prior to the beginning or
after the end of coverage
4. Services that exceed the maximum covered
visits for the benefit year
5. X-ray services that exceed the annual max-
imum benefit
6. Charges incurred for missed appointments
7. Educational programs
8. Pre-employment, school entrance, or athlet-
ic physical exams
9. Services for conditions arising out of em-
ployment, including self-employment or cov-
ered under any workers’ compensation act
or
law
10. Services for any bodily injury arising from or
sustained in an automobile accident that is
covered under an automobile insurance pol-
icy
11. Charges for which the Member is not legally
required to pay
12. Services rendered by a person who ordinari-
ly resides in the Member’s home or who is
related to the Member by marriage or blood.
Specific Services that are Excluded or
Limited
1. Drugs, vitamins, nutritional supplements, or
herbs
2. Experimental or investigational services
3. Vocational , or long-term rehabilitation
4. Hypnotherapy, behavior training, sleep ther-
apy, or biofeedback
5. Rental or purchase of Durable Medical
Equipment (DME)
6. Treatment primarily for purposes of weight
control
7. Lab services
8. Thermography, hair analysis, heavy metal
screening, or mineral studies
9. Transportation costs, including ambulanc
e
c
harges
10. Inpatient services
11. Mass age
12. Man
ipulation under anesthesia
13. Services related to diagnosis and treatment
of jaw joint or TMJ disorders
14. Treatment of non-neuromusculoskeletal dis-
orders
15. Advanced diagnostic services, such as MRI,
CT, EMG, SEMG, and NCV
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING RENEWAL OF
CHIROPRACTIC BENEFIT ADMINISTRATION AGREEMENT WITH
LANDMARK HEALTHPLAN OF CALIFORNIA; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
========================================================================
WHEREAS, the City of Lodi utilizes Landmark Healthplan of California for the administration of the chiropractic benefits offered to City of Lodi employees.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the renewal of the Chiropractic Benefit Administration Agreement with Landmark Healthplan of California; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the agreement with Landmark Healthplan of California on behalf of the City of Lodi; and
BE IT FURTHER RESOLVED that the term of the Agreement shall be effective February 1, 2023 through January 31, 2024, and in the event no termination notice has been given by ei ther party, and a new agreement has not been negotiated, the contract shall automatically renew for successive one-year terms on each anniversary of the commenc ement date of this agreement; 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: January 18, 2023
========================================================================
I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-11
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution of the Lodi City Council Authorizing City Manager Execute the Outdoor Equity Grant Contract with the State of California, July 1, 2020 through June 30, 2027, Accept Grant Funds and Appropriate Funds ($654,285)
M
EETING DATE: January 18, 2023
P
REPARED BY: Parks, Recreation and Cultural Services Director RE
COMMENDED ACTION: Adopt resolution of the Lodi City Council authorizing City Manager execute the Outdoor Equity Grant contract with the State of California, July 1, 2020 through June 30, 2027, accept grant funds and appropriate funds ($654,285).
B
ACKGROUND INFORMATION: On September 15, 2021, Parks, Recreation and Cultural Services (PRCS) requested of Council and Council approved the submission of an application for the Outdoor Equity Grant Program (OEGP). On May 27, 2022, California State Parks informed PRCS that its application had been selected and that $654,285 will be awarded to the City of Lodi for its Outdoor Educational Activities and Excursions Program (Program).
T
he OEGP aims to increase the ability of residents in low income urban and rural communities to participate in outdoor experiences at state parks and other public lands. The OEGP aims to improve the health and wellness of Californians by connecting underserved communities to natural areas throughout California.
T
he program will include approximately 60 activity days in the community and approximately 12 trips to natural areas during the three (3) years of programming. Activities in the community will include Discovering Marine Life (boating and fishing); Surviving the Outdoors (hiking, swimming, and rock climbing); Conserving Resources (fire safety, clean air, and recycling); and Discovering One Self in Nature (camping, kayaking, and paddle boarding). Trips to natural areas outside of the community will include Marine Life at Monterey Bay; Surviving the Outdoors at Yosemite National Park; Conservation of Natural Resources at D.L. Bliss or Emerald Bay State Park; and Self-Discovery in Nature at or near Calaveras Big Trees State Park.
P
artners include One-Eighty Programs and Headwaters Kayak.
S
taff is requesting City Council authorize the City Manager to execute the contract with the State of California, accept the OEGP grant funds and appropriate funds.
Adopt Resolution of the Lodi City Council Authorizing City Manager Execute the Outdoor Equity Grant Contract with the State of California, July 1, 2020 through June 30, 2027, Accept Grant Funds and Appropriate Funds ($654,285) January 18, 2022
FISCAL IMPACT: Grant will fund staffing, supplies and contracts needed to execute the Program
FUNDING AVAILABLE: State of California General Fund Grant Funds - $654,285 $654,285 205000000.56005 (revenue)
$156,390 20573001.71003 (Part Time Salary)
$2,280 20573001.71015 (Medicare Insurance)
$870 20573001.71025 (Unemployment Insurance)
$6,075 20573001.72305 (Uniforms)
$123,510 20573001.72355 (General Supplies))
$9,000 20573001.72358 (Training and Education)
$356,160 20573001.72450 (Misc. Professional Services)
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director
CJ:tl
cc: City Attorney
Attachment: EXHIBIT A – Grant Contract General Fund Outdoor Equity Grants
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER EXECUTE THE OUTDOOR EQUITY GRANT CONTRACT
WITH THE STATE OF CALIFORNIA, JULY 1, 2020 THROUGH JUNE 30, 2027; ACCEPTING GRANT FUNDS; AND FURTHER APPROPRIATING FUNDS
=========================================================================
WHEREAS, on September 15, 2021, the Lodi City Council approved the submission of an application for the Outdoor Equity Grant Program (OEGP); and
WHEREAS, on May 27, 2022, Parks, Recreation and Cultural Services’ (PRCS) application was selected for award for the City’s Outdoor Educational Activities and Excursions Program (Program); and
WHEREAS, the program shall include activities in the community and trips to natural areas; and
WHEREAS, partners shall include One-Eighty Programs and Headwaters Kayak.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Outdoor Equity Grant contract with the S tate of California , July 1, 2020 through June 30, 2027; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby accept the grant funds in the amount of $654,285 to 20500000.56005; and
BE IT FURTHER RESOLVED that funds in the amount of $654,285 are appropriated:
$156,390 - 20573001.71003 (Part Time Salary); $2,280 - 20573001.71015 (Medicare Insurance); $870 - 20573001.71025 (Unemployment Insurance) ; $6,075 - 20573001.72305 (Uniforms) ; $123,510 - 20573001.72355 (General Supplies ); $9,000 - 20573001.72358 (Training and Education); $356,160 - 20573001.72450 (Misc. Professional Services); and
BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: January 18, 2023
========================================================================= I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-12
COUNCIL COMMUNICATION
APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Contract with One-Eighty Programs, a California Non-Profit Corporation, to Provide Natural Area Excursions for the City’s Outdoor Educational Activities and Excursions Program ($220,764 For Three Years)
MEETING DATE: January 18, 2023
PREPARED BY: Parks, Recreation and Cultural Services Director REC
OMMENDED ACTION: Adopt resolution authorizing City Manager to execute contract with One- Eighty Programs, a California Non-Profit Corporation, to provide natural area excursions for the City’s Outdoor Educational Activities and Excursions Program ($220,764 for three years).
BACKGROUND INFORMATION: On September 15, 2021, Parks, Recreation and Cultural Services (PRCS) requested of Council and Council approved the submission of an application for the Outdoor Equity Grant Program (OEGP). On May 27, 2022, California State Parks informed PRCS that its application had been selected and that $654,285 will be awarded to the City of Lodi for its Outdoor Educational Activities and Excursions Program (Program).
The OEGP aims to increase the ability of residents in low income urban and rural communities to participate in outdoor experiences at state parks and other public lands. The OEGP aims to improve the health and wellness of Californians by connecting underserved communities to natural areas throughout California.
PRCS has selected One-Eighty Programs to provide natural area excursions to Monterey Bay Area, Yosemite National Park, Tahoe Basin and Calaveras Big Trees for the Program. Staff is requesting City Council authorize the City Manager to execute the contract with One-Eighty Programs to provide four (4) natural area trips to underserved youth and families for three (3) years at and appropriate $73,588 per year or $220,764 for three (3) years.
FISCAL IMPACT: None
Adopt Resolution Authorizing City Manager to Execute Contract with One-Eighty Programs, a California Non-Profit Corporation, to Provide Natural Area Excursions for the City’s Outdoor Educational Activities and Excursions Program ($220,764 For Three Years)
January 18, 2023
FUNDING AVAILABLE: State of California General Fund Grant Funds $654,285 - 20500000.56005 (revenue)
$220,764 - 20573001.72450 (expense)
_______________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
_______________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director
CJ:tl
cc: City Attorney
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A THREE-YEAR CONTRACT WITH
ONE-EIGHTY PROGRAMS, A CALIFORNIA NON-PROFIT CORPORATION, TO PROVIDE NATURAL AREA EXCURSIONS FOR THE CITY’S OUTDOOR
EDUCATIONAL ACTIVITIES AND EXCURSIONS PROGRAM
=========================================================================
WHEREAS, on September 15, 2021, the Lodi City Council approved the submission of an application for the Outdoor Equity Grant Program (OEGP); and
WHEREAS, on May 27, 2022, Parks, Recreation and Cultural Services’ (PRCS) application was selected for award; and
WHEREAS, PRCS has selected One-Eighty Programs to provide natural area excursions under the grant to provide four (4) trips to natural areas to underserved youth and families over three (3) years.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a contract with One- Eighty Programs, a California non -profit corporation, for three years, June 1, 2023 to May 31, 2026, to provide natural area excursions for the City’s Outdoor Educational Activities and Excursions Program; and
BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: January 18, 2023
========================================================================= I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-13
APPR
OVED: ________________________________________
Stephen Schwabauer, City Manager
CITY OF LODI
COUNCIL COMMUNICATION
TM
AG
ENDA TITLE: Adopt Resolution Authorizing City Manager Sign and Submit an Application for Boat Launching Facilities Grant from the Division of Boating and Waterways, Harbors and Watercraft Revolving Fund for Replacement of the Non-Motorized Boat Launch at Lodi Lake for up to $150,000
M
EETING DATE: January 18, 2023
P
REPARED BY: Parks, Recreation and Cultural Services Director RE
COMMENDED ACTION: Adopt resolution authorizing City Manager sign and submit an application for Boat Launching Facilities Grant from the Division of Boating and Waterways, Harbors and Watercraft Revolving Fund for replacement of the non-motorized boat launch at Lodi Lake for up to $150,000.
B
ACKGROUND INFORMATION: The California Department of Parks and Recreation, Division of Boating and Waterways’ (Division) mission is to provide safe and convenient public access to California’s waterways. The Division fulfills this mission in part through its Local Assistance Loan and Grant Programs. The Local Assistance Loan and Grant Programs assist cities, counties, districts, other governmental agencies, marinas, and port districts, in the development and improvement of marinas and boat launching facilities.
T
he non-motorized boat launch/dock at Lodi Lake was installed over 13 years ago in 2009. Recently, staff have noticed its deterioration due to weather elements such as water, UV rays and the public’s use. The dock is in disrepair and needs to be replaced. Lodi Lake is a popular recreational facility in San Joaquin County.
Visitors from all over the state come to Lodi Lake to swim, kayak, paddle board, picnic, hike and experience nature. Headwaters Kayak, the City’s concessionaire offers kayaking, stand up paddle boarding and canoes for rent. They also offer full moon and sunset tours from Lodi Lake to the Mokelumne River.
T
he Division provides grants to qualifying public agencies to fund facilities such as boat launching ramps, boarding floats, and associated parking areas. Conditions of the grant include that the facility must be open and accessible to the public, the City must own or lease the property for a term of at least 20 years and a maximum limit of $13 on any fees or combination of fees (entrance and use of the dock).
S
taff recommend Council authorize City Manager sign and submit an application for this grant opportunity.
F
ISCAL IMPACT: Potential grant award in the amount of up $150,000 to fund replacement of the non-motorized launch/dock at Lodi Lake.
Adopt Resolution Authorizing City Manager Sign and Submit an Application for Boat Launching Facilities Grant from the Division of Boating and Waterways, Harbors and Watercraft Revolving Fund for Replacement of the Non-Motorized Boat Launch at Lodi Lake for up to $150,000
January 10, 2023
FUNDING AVAILABLE: N/A
_______________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director
CJ:tl
cc: City Attorney
Attachment
Division of Boating and Waterways
Boating Facilities Development and Financing
Local Assistance Loan and Grant Application Instructions
TABLE OF CONTENTS
INTRODUCTION ........................................................................................ 2 Application
Resolution
Environmental Compliance
Key Officers and Oversight Bodies
Public Support/Opposition
Permits
Benefit/Cost Analysis Worksheet
FEASIBILITY REPORT ............................................................................................. 5 Proposed Project
Location/Access to Project
Existing Site
Previous Commission Action and DBW Funding
Description of Area and Proposed Site
Engineering Feasibility
Cost Estimate
Usage
Restricted Use
Legal Description
Fiscal Year and Cut-Off Dates
Economic Justification
Additional Site Drawings/Photographs
Operation and Maintenance
Certification
LOCAL ASSISTANCE LOANS ................................................................................. 9 Repayment and Collateral
(Rev. 1/2016) - 1 -
INTRODUCTION
The Depa rtment of Parks and Recreation, Division of Boa ting an d Waterway s’ mission is to provide safe an d c onvenient publi c acce ss to Califo rnia’s wat erways. The Division fulfil ls t his mission in part through its Local Assistance Loan and Grant Programs. The Local Assistance Loan and Grant Programs assist cities, counties, districts, other governmental agencies, marinas, and port districts, in the development and improvement of marinas and boat launching facilities.
The follow ing informa tion is p rovided as a ge neral gu ideline to he lp priori tize the a ctivities leading to the development or rehabilitation of a boat launching facility project and to assist with the documentation required for a grant application.
The firs t step in the gra nt ap plication pr ocess is to contact the Di vision of Boat ing and Waterways. This should be done as soon as the need for the impr ovements is determined. If possible a Department representative may mak e a reconnaissance survey of the proposed project area to determine the sui tability of the pr oject un der the Loan and Grant progr am, the need for improvements, the pr oject scope and ant icipated usage of the pr oposed project, the scope of Dep artment participation, and the willi ngness and ability of the applica nt to meet the program requirements.
Note: The applicant must own or control the project area land and water, and operate and maintain the facility for 20 years for a Grant and 30 years for a Loan at no cost to the State.
The next step is to co mplete an a pplication pa ckage. The documents and re ports required to be submitted are:
1. APPLICATION FOR LOAN OR GRANT FUNDING
2. Re solution(s)
3. Feasibility Report
(Rev. 1/2016) - 2 -
Three copies of this package should be submitted to:
Division of Boating and Waterways
Boating Facilities Development and Financing
Local Assistance Program
One Capitol Mall, Suite 500
Sacramento, CA 95814
Attn: Keren Dill
DBW acce pts applications year round. February 1 is the deadline for co nsideration int o the following grant funding cycle (E.g. February 1, 2016 applications will be considered for funding in the State’ s Fiscal Year 2017-2018 budget). Ap plications can be found at www.dbw.parks.ca.gov. The following provides a description of the information required on the application:
APPLICATION
This is a general summary of the Loan and Grant Package containing the agency name, address, contact name, grant/loan amount, project description, and other pertinent information.
RESOLUTION
The resolution is a for mal request for a b oating inf rastructure Loan o r Grant from th e official government body, i.e., City Council, County Boa rd of Su pervisors, Harbormaster, Port D istrict, etc. A draft resolution is included in this package for your convenience.
For Federal projects, a letter requesting the Department’s participation in a joint project with the Federal agency, transmitting the required documents, shall be included.
ENVIRONMENTAL COMPLIANCE
CEQA
All c onstruction pro jects utilizing Sta te fu nds require California Envi ronmental Q uality Act (CEQA) c ompliance. The applic ant is re quired to meet bo th the loca l and sta te fil ing requirements. Compliance with CEQA is re quired for all pro jects. To document compliance for the pur poses of the G rant/Loan applica tion, the a pplicant ne eds to s ubmit the docu ments noted below. The documents required vary based on whether CEQA is complete or incomplete at the time of application.
(Rev. 1/2016) - 3 -
1. If CEQA compliance is complete at the time of APPLICATION • Provide the CEQA Compliance Certification Form
• Provide a copy of the Notice of Exemption or the Notice of Determination • If a No tice of Exemption or a No tice of Determ ination wa s not comp leted, provide a letter from the Lead Agency that explains:
o Why neither document was completed
o Certifies that the PROJECT is CEQA compliant
o Notes the date the PROJECT was approved by the Lead Agency
2. If CEQA compliance is not complete at the time of APPLICATION Applicant with incomplete CEQA must provide a letter detailing their plan for CEQA compliance. The plan must include the following:
• Description of documenta tion be ing p repared: In itial Study, Notice of Ex emption, Negative De claration, M itigated Nega tive De claration, Envir onmental Imp act Re port, etc.
• Description of the current status of CEQA compliance
• A timeline for CEQA compliance showing estimated dates when each step of the CEQA compliance process will be completed
• A total estimated cost for CEQA compliance
• An explanation of any obstacles that may delay CEQA compliance NEPA
Federal projects require Na tional Environmental Policy Act (N EPA) compliance. A project is subject to NE PA if it: require s a fede ral permit, en titlement, o r aut horization; re quires federal funding; will occur on federal land; or is jointly carried out by a federal agency.
KEY OFFICERS AND OVERSIGHT BODIES
Provide the name, title, and duties of key officers of the city, county, port authority, etc. Submit an org anization c hart s howing the na mes, titles, and the reporting relationship o f all key persons involved in the operation of the boat launch facility or marina.
Provide the na mes of any ove rsight bodies, in cluding w ebsite, mem bers, and c ontact information.
(Rev. 1/2016) - 4 -
PUBLIC SUPPORT/OPPOSITION
Describe any public support or opposition. If any public meetings have been held, provide notices, agendas, and m inutes. If publi c meetings are scheduled, provide the schedules and agendas if available.
PERMITS
Proposed projects in the s hore zone or in environmentally sensitive areas usually require the review and approval of regulatory agencies. Obtaining permission to construct projects from these ag encies in the fo rm of perm its, lette rs of perm issions, waivers, an d ce rtifications normally have costs associated with them in terms of fees or expended staff time.
The most commonly required permits are:
• U.S. Army Corps of Engineers Section 404 Permits
• California Department of Fish and Game 1600 Permits
• California Regional Water Quality Control Board Certifications • U.S. Fish and Wildlife Service and National Marine Fisheries Service and/or • California Coastal Commission or the San F rancisco Bay C onservation and Development Commission
Each has a fee associated with it and has a different timeline for obtaining the permit.
It is the responsibility of the Funding Applicant to obtain any and all permits. Provide a list of required perm its w ith the applica tion. Any permits obtained prio r to Fu nding Ag reement execution are not reimbursable costs under the grant or loan.
Benefit/Cost Analysis Worksheet
Complete the Benefit/Cost Analysis Worksheet.
FEASIBILITY REPORT
The applicant is responsible for demonstrating the project is economically justified and feasible from both an engineering and a f inancial standpoint. The information required in the feasibility report is:
Proposed Project
List the items that wil l be con structed o r rehabilitated with the g rant/loan, fo r example:
(Rev. 1/2016) - 5 -
1) A two-lane concrete ramp including dimensions
2) Asphalt/concrete parking with number of vehicle/trailer, single car and ADA spots 3) Restroom type and number of stalls
4) Utilities, i.e. drainage, gas, power, sewer, telephone, water 5) Rock slope protection
6) Fish cleaning station
7) Landscaping (as required by Permits)
8) Lighting
9) Irrigation
Location/Access to Project
Provide detailed dire ctions to y our fa cility from n earby population c enters o r major highways, and the distance of your facility from major population centers. Also supply a location map showing where the project is located within a b road area, with an inse rt showing the location in relation to the entire site. All major highways, waterways, etc. should be clearly identified. Describe the d istance and location of ot her boat launching facilities or marinas in the area.
Existing Site
Describe the age of the existing site and project components and a brief h istory of any site improvements.
Previous Commission Action and DBW Funding
Detail the date s, dollar amounts, scope, year of fu nding, and completion dates o f any DBW funding at the site. This should include all projects that came befo re the B oating and Waterways Commission and all DBW program funding.
Description of Area and Proposed Project Site
Provide general information of the area including:
1) Population centers nearby
2) Description of the body of water where project is located 3) Size of the water body and water levels
4) Description and h istory of the water body
5) Description and h istory of the facility and water body 6) Describe the recreation, i.e. skiing, fishing, sailing, etc. (Rev. 1/2016) - 6 -
7) Dates of boating season
8) Other boat launch facilities on the body of water or within 10 miles 9) Project site and location maps
Engineering Feasibility
An eng ineering analysi s sha ll be con ducted to determine engineering feasibility and approximate c onstruction cos ts. The eng ineering analy sis wil l be fo r p lanning and budgeting purposes. This analysis should be in enough detail to determine preliminary feasibility and con struction costs. The plan s and s pecifications for construction sh ould be p repared af ter the grant /loan is approved an d funds become avail able. Plea se include:
o Topographic map s of the la unching ramp land and wate r area, avail ability of water lines, electrical lines, sewer lines, access roads o Seasonal water f luct uation (wate r eleva tion leve ls) data to determine the length of the ramp needed to accommodate boat launching Cost Estimate
Provide a detailed engineering co st e stimate breakdown. Identify any items which the applicant will be solely funding or cost-sharing with the Department.
Costs shou ld gene rally be it emized as follow s (and a re g eneral sc ope/limitation of the Department’s participation):
1) Boat launching ramp (width, length, slope)
2) Courtesy boarding float(s) (width, length)
3) Parking (number of vehicle/trailers and single spaces) 4) Restroom (type, and number of stalls)
5) Utilities (drainage, gas, power, seer, telephone, water) 6) Fish-cleaning station
7) Lighting
8) Landscaping and irrigation (as required by Permits)
9) Clearing and grubbing
10) Excavation (cut and fill)
11) Dredging
12) Rock slope protection
13) Signage
(Rev. 1/2016) - 7 -
Non-Const
ruction Costs (figured on one construction subtotal)
1) engineering (12 percent of subtotal of construction items) 2) contingency (10 percent of subtotal of construction items) 3) inspection (5 percent of subtotal of construction items) 4) escalation (5 percent per year, based on estimated project construction timeline, of subtotal of construction items)
5) permits (3 percent of subtotal of construction items) The a pplicant sh ould recognize the act ual construction may not take p lace fo r t wo o r three y ears due to the sta te budge ting cy cles, unfo reseeable budgeting f actors, preparation of p lans and s pecifications, s easonal considerations, e tc. An id eal project development sc hedule sh ould be subm itted w ith the a pplication. B ecause of unforeseeable f unding avail ability, a ll p roject co mponents sh ould b e prioritized and grouped in conte mplation of fu nding avail ability limitations only allowing for p artial project, or multiple application and funding years.
Usage
Provide a b reakdown of motorized v s. non-motorized launches at the site . N ote any outside agency usage, both public and private. For example, sheriff, police department, refineries, commercial amphibious vehicles/vessels.
Describe activities at the site and indicate whether boaters will be engage in activities at or near the New Launching Facility. Provide a list of the activities.
Restricted Use
Provide a list of any restrictions that apply to the reservoir/lake or river and the reason for the restrictions. Examp les of restrictions would be: size or typ e l imitation on motors, a f ishing only lake, no body c ontact w ith wate r, no pe rsonal watercraft allowed, etc.
Legal Description
Provide a legal description of the boat launching facility with a map of the project area.
Fiscal Year and Cut-Off Dates
The State’s Fiscal Year is July 1 to June 30 of each year. Provide the Fiscal Year of the Application, and any s pecific hard cut-off dates, such as fi nal billing, final receipt dates, etc., or any other dates that would affect the Applicant’s financial reports and status.
(Rev. 1/2016) - 8 -
Economic Justification
The ec onomic jus tification determ ines whether t he be nefits to the boating public exceed the cost of the p roposed project over the anticipated life of the boat launching facility.
The analysis is done by completing one of the two benefit/cost analysis worksheets in Appendix A for either an improvement/rehabilitation project or Appendix B for a new project.
Additional Site Drawings/Photographs
A project site layout drawing should be submitted. This drawing is to be presentation quality. The d rawing s hould identify and loca te the pro ject featu res, s uch as, the boat l aunching ramp, boa rding fl oats, parking a rea, restroom, e tc. Pict ures of the project site should be submitted. Include general pictures of the site, existing facility and a rea w here proposed fa cility wi ll be c onstructed, an d aerials that can be incorporated into the D epartment’s final fea sibility report. Hi gh resolution dig ital images or p hotographs a re a cceptable. Pictures mu st clearly demonstrate ex is ting conditions to justify the need for funding.
Operation and Maintenance
A Funding Recipient is required to operate and maintain the fa cility for the life of the loan (30 y ears, or until repaid in full if s ooner), or the amortization period of the grant (20 y ears). Di scuss how the A pplicant wil l operate and maintain th e f acility fo r t his period. Include staffing and funding resources, wear, weather, etc.
Certification
The Feasibility Report should contain a certification of the following by a person at a level sufficient to make this certification:
1. Staffing and ex pertise fo r pro ject c onstruction is available and d edicated towa rds this project.
2. The A pplicant un derstands construction m anagement, adm inistration an d overhead are not reimbursable expenses.
3. Sufficient fu nding is available to o perate an d maintain the fa cility fo r its useful life.
4. This grant or loan is funded on a reimbursement basis. No funding advances will be approved.
5. Sufficient cash flow exists for at least a 90-day reimbursement cycle.
LOCAL ASSISTANCE LOANS
Local Assistance Loan Applications must include financial documents to establish the applicant’s ability to repay the loan. Please include with the application the following for review:
(Rev. 1/2016) - 9 -
• Public Agencies: Three most current years of audited financials (or online link to CAFRS) These Financials a re to in clude the detai led Marina Enterprise F und f inancial statements, or the fund holding revenues generated from the project area • Privately Ow ned Marina Appl icant: Three mo st recent y ears of Federal I ncome Tax Returns
Repayment and Collateral
Identify revenue source(s) dedicated for loan repayment.
Identify proposed collateral available to be pledged for loan security. (Rev. 1/2016) - 10 -
RESOLUTION NO. 2023-____
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO SIGN AND SUBMIT AN APPLICATION FOR BOAT
LAUNCHING FACILITIES GRANT FROM THE DIVISION OF BOATING AND
WATERWAYS, HARBORS AND WATERCRAFT REVOLVING FUND FOR
REPLACEMENT OF THE NON-MOTORIZED BOAT LAUNCH AT LODI LAKE ========================================================================
WHEREAS, the California Department of Parks and Recreation, Division of Boating and Waterways’ mission is to provide safe and conv enient public access to California’s waterways ; and
WHEREAS, the Division of Boating and Waterways fulfills this mission in part through its Local Assistance Loan and Grant Programs to assist cities, counties, districts, other governmental agencies, mari nas, and port districts in the development and improvement of marinas and boat launching facilities; and
WHEREAS, the City has the authority to construct, operate , and maintain the non-motorized boat launch/dock at Lodi Lake; and
WHEREAS, the City est imates up to $150,000 wi ll be needed to replace the non-motorized boat launch/dock at Lodi Lake that is in disrepair; and
WHEREAS, the City shall request a grant from the Division of Boating and Waterways for up to $150,000.
NOW, THEREFORE, BE IT RESOL VED that the Lodi City Council does hereby authorize the City Manager to sign and submit an application for Boat Launching Facilities Grant from the Division of Boating and Waterways, Harbors and Watercraft Revolving Fund for replacement of the non-motorized boat launch at Lodi Lake for up to $150,000; and
BE IT FURTHER RESOLVED pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: January 18, 2023
======================================================================== I hereby certify that Resolution No. 202 3-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-14
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Appoint Gary Woehl and Terence Spring to the Measure L Citizens’ Oversight Committee and Repost for Remaining Vacancy on Measure L Citizens’ Oversight Committee
MEETING DATE: January 18, 2023
PREPARED BY: City Clerk
RECOMMENDED ACTION: Appoint Gary Woehl and Terence Spring to the Measure L Citizens’ Oversight Committee and repost for the remaining vacancy on the Measure L Citizens’ Oversight Committee.
BACKGROUND INFORMATION: The City Council directed the City Clerk to post for three expiring terms for the Measure L Citizens’ Oversight Committee (Districts 1, 2, and 3) on May 25, 2022.
Council Members for Districts 1 and 2 recommend the following appointments for their districts. No applications were received for District 3, and staff recommends reposting for that vacancy.
APPOINTMENTS:
Measure L Citizens’ Oversight Committee
District 1:
Gary Woehl Term to expire May 31, 2025
District 2:
Terence Spring Term to expire May 31, 2025
POSTING:
Measure L Citizens’ Oversight Committee
District 3:
Phil Pennino Term expired May 31, 2022 (New appointment to expire May 31, 2025) FI
SCAL IMPACT: Not applicable.
FUNDI
NG AVAILABLE: Not applicable.
_______________________________
O
livia Nashed
City Clerk
AGENDA ITEM C-15
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Accept Monthly Protocol Account Report through December 31, 2022 MEET
ING DATE: January 18, 2023
PRE
PARED BY: City Clerk
RECO
MMENDED ACTION: Accept Monthly Protocol Account Report through December 31, 2022.
BA
CKGROUND INFORMATION: The City Council, at its meeting of December 7, 2022, adopted Resolution No. 2022-300 approving the amended 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.
At
tached please find the cumulative report through December 31, 2022.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
O
livia Nashed
City Clerk
Attachments
\\cvcfilv01\administration$\Administration\CLERK\Budget\Finance\Misc\ProtocolSummary2022-23.doc Page 1
PROTOCOL ACCOUNT SUMMARY
FISCAL YEAR 2022-23
Cumulative Report through December 31, 2022
Date Vendor Description Amount Balance
Starting Bal.
$6,500.00
9/13/22 Kaylee Clayton Reimbursement for
Creamer
$11.58 $6,488.42
11/16/22 Fiori’s Butcher
Shoppe
Council Dinner (Closed
Session at 5 p.m.)
$172.28 $6,316.14
11/16/22 Smart & Final Water & Supplies for
Carnegie Forum
$40.47 $6,275.67
11/23/22 Etsy Mayor Chandler’s Gift $164.44 $6,111.23
11/28/22 Creative Trophy &
Engraving
Mayor’s Plaque &
Community Service
Award Plaques
$119.28 $5,991.95
12/5/22 Crystal Plus Council Member
Kuehne’s Gift
$177.66 $5,814.29
12/5/22 Smart & Final Supplies for
Reorganization
$15.14 $5,799.15
12/7/22 Costco Paper Goods for
Reorganization
$63.29 $5,735.86
12/15/22 Frosted Flour Deposit for Desserts for
Reorganization
$25.00 $5,710.86
12/21/22 Giuffra’s Party
Rentals
Linens, Wine Glasses &
Coffee Mugs for
Reorganization
$123.95 $5,586.91
12/21/22 Safeway Flowers for Council
Member Kuehne's
Family
$62.72 $5,524.19
12/21/22 Frosted Flour Desserts for
Reorganization
$48.10 $5,476.09
Total
Expenditures:
($1,023.91)
Ending Bal.
$5,476.09
Prepared by: PMF
AGENDA ITEM C-16
COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
\\172.22.14.2\pubwks$\WP\UTILITY RATES\W_WW\2023 W_WW Rate Increase\CCSetPH_Water Rates.docx 1/6/2023 AGENDA TITLE: Set Public Hearing for February 15, 2023, to Consider Adopting Resolution Setting Pre- Approved Engineering News Record Adjustment Index for Usage-Based and Flat Water Rates for Residential, Commercial, and Industrial Customers MEET
ING DATE: January 18, 2023
PRE
PARED BY: Public Works Director
RECO
MMENDED ACTION: Set Public Hearing for February 15, 2023, to consider adopting Resolution setting pre-approved Engineering News Record adjustment index for usage-based and flat water rates for residential, commercial, and industrial customers.
BA
CKGROUND INFORMATION: The City Council has made numerous water rate decisions over the past several years. On March 20, 2019, City Council approved a five-year rate plan in accordance with the Proposition 218 rate setting process. The proposed rate adjustments are needed to generate sufficient revenue to meet projected operation and maintenance costs and debt service obligations, as well as necessary capital maintenance improvements. The rate plan also included a rate “sunset” that rolled back rates on January 1, 2021 to January 1, 2016 levels.
Prior to this rate rollback, there had not been an increase to rates since fiscal year 2018/19. At its meeting on February 16, 2022, City Council approved a 2 percent increase which was below the allowed maximum increase of 3 percent. The recommended 2 percent increase was appropriate even though the Engineering News Record (ENR) increase for the period between 2021 and 2022 was 8%, because the trajectory of the water utility fund balance at this time had exceeded the 50% reserve target.
The approved five-year rate plan allows for a maximum increase of 3 percent. Staff has analyzed the water financial plan and based on persistent inflationary pressure and projected capital improvements, recommends a 3 percent increase. A 3 percent increase will continue to support a healthy reserve balance that is between the recommended level of 50% and the minimum level of 25% through FY 2027/28.
A s
ummary of current and proposed rates for flat-rate and usage-based rate customers is provided in Exhibit A, which reflects a 3 percent increase. For a resident still on the flat rate, the monthly charge for a three- bedroom home will increase from $46.81 to $48.21, or $1.40 per month. A metered resident using an average of 1,500 cubic feet of water per month will see an increase from $37.65 to $38.80, or $1.15 per month. The water utility, due to the foregoing of the January 1, 2020 pre-approved rate increase and implementation of the January 1, 2021 rate rollback, projects fund balances to dip below the 50 percent reserve target starting in Fiscal Years 2024/25 and below the 25 percent reserve target in Fiscal Year 2027/2028.
Set Public Hearing for February 15, 2023, to Consider Adopting Resolution Setting Pre-Approved Engineering News Record Adjustment Index for Usage-Based and Flat Water Rates for Residential, Commercial, and Industrial Customers January 18, 2023
The current Proposition 218 water and wastewater rate plan expires on December 31, 2023. Staff is currently working with a consultant to prepare an updated rate study to establish a rate plan for the next 5 years. The rate study and proposed rate plan will be brought before Council this summer for feedback and consideration.
Staff recommends setting public hearing for February 15, 2023, to consider adopting resolution setting pre- approved Engineering News Record adjustment index for usage-based and flat water rates for residential, commercial, and industrial customers.
F
ISCAL IMPACT: Increased revenues are required to properly fund capital maintenance, and to keep up with cost of service increases.
F
UNDING AVAILABLE: Not applicable
________________________________________
C harles E. Swimley, Jr.
Public Works Director
Current
(Feb. 2022)
Proposed Rates
(Feb. 2022)
Rate Increase --> 3.0%
FLAT RATES
Single Family Residential
1 Bedroom 32.52$ 33.50$
2 Bedroom 39.06$ 40.23$
3 Bedroom 46.81$ 48.21$
4 Bedroom 56.24$ 57.93$
5 Bedroom 67.45$ 69.47$
6 Bedroom 80.96$ 83.39$
7 Bedroom 97.07$ 99.98$
Multi-Family (1)
1 Bedroom 27.92$ 28.76$
2 Bedroom 33.49$ 34.49$
3 Bedroom 40.19$ 41.40$
Mobile Homes .
Any Size 27.92$ 28.76$
Non-Residential
Existing unmetered Varies 3.000%
Notes:
(1) Multi-family includes duplexes, triplexes, fourplexes, apartments, and condominiums.
Exhibit A
City of Lodi
Current and Proposed Flat Water Rates
Current
(Feb. 2022)
Proposed Rates
(Feb. 2023)
Rate Increase --> 3.0%
USAGE-BASED RATES
Monthly Service Charge
Single Family
Up to 3/4" meter 21.65$ 22.30$
1" meter 34.01 $ 35.03$
1 1/2" meter 64.62 $ 66.56$
2" meter 101.52 $ 104.57$
Multi-Family and Non-Residential (1)
Up to 3/4" meter 21.65$ 22.30$
1" meter 34.01 $ 35.03$
1 1/2" meter 64.62 $ 66.56$
2" meter 101.52 $ 104.57$
3" meter 187.66 $ 193.29$
4" meter 310.68 $ 320.00$
6" meter 617.97 $ 636.51$
8" meter 986.87 $ 1,016.48$
10" meter 1,417.36 $ 1,459.88$
Usage Rates ($/CCF)
Single Family
Tier 1 (0-10 CCF) 0.96$ 0.99$
Tier 2 (11-50 CCF) 1.28$ 1.32$
Tier 3 (>50 CCF) 1.58$ 1.63$
Multi-Family and Non-Residential (1)
All water usage 1.14 $ 1.17$
Notes:
(1) Multi-family includes apartments, condominiums, and mobile home parks.
City of Lodi
Current and Proposed Usage-Based Water Rates
AGENDA ITEM G-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2014 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 15 – Buildings and Construction – by Reenacting Chapter 15.66, ‘County Facilities Fees’
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EETING DATE: January 18, 2023
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REPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2014.
BACKGROUND INFORMATION: Ordinance No. 2014 entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 15 – Buildings and Construction – by Reenacting Chapter 15.66, ‘County Facilities Fees,’” was introduced at the regular City Council meeting of January 4, 2023.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required – one to introduce and a second to adopt the ordinance.
Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov’t Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov’t Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE TITLE 15 – BUILDINGS AND
CONSTRUCTION – BY REENACTING CHAPTER 15.66,
“COUNTY FACILITIES FEES”
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 15 – Buildings and Construction – is hereby amended to reenact Chapter 15.66, “County Facilities Fees,” as set forth in its entirety to read as follows:
Chapter 15.66
COUNTY FACILITIES FEES
15.66.010 Purpose, findings, and declaration of intent.
15.66.020 Collection of capital facility fee.
15.66.030 Authority for adoption.
15.66.040 Definitions.
15.66.050 Conditions for collection.
15.66.060 Conditions for reimbursement.
15.66.070 Fee payment.
15.66.080 County facilities fee accounts.
15.66.090 Natural disaster fee exemption.
15.66.100 County facilities fee program.
15.66.110 Ordinance—Public hearing.
15.66.120 Construction.
15.66.130 Severability clause.
15.66.140 Fee adjustments or waiver.
15.66.150 Environmental exemption.
15.66.010 Purpose, findings, and declaration of intent.
A. In order to implement the goals and objectives of the general plan and to mitigate impact s caused by new development within the county of San Joaquin, a county facilities fee program is necessary. The program is needed to finance region -serving capital facilities located throughout the county that are used by the residents and businesses withi n the city and to assure that new development pays its proportional share for these improvements.
B. Fee revenue collected pursuant to this chapter shall be remitted to the county of San Joaquin who shall be responsible for administering the fee funds and constructing the capital facilities.
C. Title 7, Division 1, Chapter 5, Section 66000 et seq. of the California Government Code provides that capital facilities fees may be enacted and imposed on development projects.
The city council finds and determines that:
1. New development projects cause the need for construction, expansion, or improvement of capital facilities within the county of San Joaquin.
2. Funds for construction, expansion, or improvement of capital facilities are not available to accommodate demand for service caused by development projects; which results in inadequate capital facilities within San Joaquin County. 2 D. The city council finds that the health, safety, peace, morals, convenience, comfort, prosperity, and general welfare of the residents and businesses within the city will be promoted by the adoption of county facilities fees for construction, expansion, or improvement of region-serving capital facilities.
15.66.020 Collection of capital facility fee.
The capital facility fee enacted pursuant to this chapter is to be collected by the city before the issuance of building permits, or at approval of any discretionary permit if no building permit is required.
15.66.030 Authority for adoption.
This chapter is adopted under the authority of Ti tle 7, Division 1, Chapter 5 of the California Government Code Sections 66000 et seq.
15.66.040 Definitions.
Words when used in this chapter, and in resolutions adopted thereto, shall have the following meanings:
A. "Board of supervisors" means the board of supervisors of the county of San Joaquin.
B. "Capital facility" and "capital facilities" includes region- serving public improvements and community amenities normally provided by the county of San Joaquin.
C. "City" means the city of Lodi, a general law city organized and existing under the Constitution and laws of the state Of California.
D. "City council" means the city council of the city of Lodi.
E. "County" means the county of San Joaquin, a political subdivision of the state of California.
F. "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.
G. "Fee" means a monetary exaction, other than a t ax or special assessment, which is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of capital facilities related to the development project.
H. "Nexus r eport" means the San Joaquin County Facility Fee Nexus Report originally prepared in September 2003, as may be amended from time-to-time.
15.66.050 Conditions for collection.
A. In establishing and imposing a fee as a condition of approval of a development project, the following shall be done:
1. Identify the purpose of the fee;
2. Identify the use to which the fee is to be put;
3. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed; and
3 4. Determine that there is a reasonable relationship between the need for the capital facility and the impacts caused by the type of development project on which the fee is imposed.
B. The city, before establishing a capital facility fee as a condition of approval of development projects, shall determine that there is a reasonable relationship between the amount of the fee and the cost of the capital facility or portion of the capital facility attributable to the development on which the fee is imposed as documented in the nexus report.
C. Upon receipt of funds from the city, derived through this chapter, the county shall deposit, invest, account for, and expend the funds pursuant to California Government Code Section 66006.
15.66.060 Conditions for reimbursement.
A. The county shall report to the city council once each fiscal year concerning the fees and accounts, including any portions of fees remaining unexpended or uncommitted five or more years after deposit. The board of supervisors shall make findin gs once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is put, and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.
B. A refund of unexpended or uncommitted fee revenue for which a need cannot be demonstrated, along with accrued interest may be made to the current owner(s) of the development project(s) on a prorated basis. The county may refund unexpended and uncommitted fee revenue that have been found by the board of supervisors to be no longer needed, by direct payment or by off -setting other obligations owed to the county by the current owner(s) of the development projects(s).
C. If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this chapter exceed the amount to be refunded, the county, after a public hearing, for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fee is collected subject to this chapter that serves the project on w hich the fee was originally imposed.
15.66.070 Fee payment.
A. Prior to the issuance of any building permit, the applicant shall pay to the city the fee as established by resolution of the city council.
B. The fee shall be determined by the fee schedule in e ffect on the date the vesting tentative map or vesting parcel map is approved, or the date a permit is issued.
C. If a development has multiple types of uses, the fee will be collected proportionately on each use.
D. When application is made for a new building permit following the expiration of a previously issued building permit for which the fee was paid, the fee payment shall not be required, unless the fee schedule has been amended during the interim, in this event, the appropriate increase or decrease shall be imposed.
E. In the event that subsequent development occurs with respect to property for which the fee has been paid, an additional fee shall be required only for additional square footage of development that was not included in computing the prior fee. 4 F. When a fee is paid for a development project and that project is subsequently reduced so that it is entitled to a lower fee, the county shall issue a partial refund of the fee.
G. When a fee is paid for a development project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit the payor shall be entitled to a refund of the fee paid, less the administrative portion of the fee.
H. If a development is converted to a more intense use, a fee shall be requir ed which shall be the difference between the current fee for the original use and the current fee for the more intense use.
15.66.080 County facilities fee accounts.
A. The city shall hold fee revenues collected under this chapter in a separate county faci lity fee account. Fee revenues accruing in this account shall be remitted quarterly to the county of San Joaquin to be expended for the purpose for which they were collected.
B. The county shall account for all fee revenues, including interest accrued, and allocate them for the purposes for which the original fee was imposed.
15.66.090 Natural disaster fee exemption.
No fee may be applied by a local agency to the reconstruction of any residential, commercial, or industrial development project that is damag ed or destroyed as a result of a natural disaster as declared by the governor.
15.66.100 County facilities fee program.
A. The county has adopted a county facilities fee nexus report that indicates the approximate location, size, time of availability, and estimates of costs for region- serving capital facilities or improvements to be financed with county facilities fee funds.
B. The county shall annually submit a report to the city council regarding the proposed uses of county facilities fee funding.
C. The county facilities fee schedule established by resolution of the city council shall annually be automatically adjusted by an amount determined by the increase in the Engineering Construction Cost Index for the previous year, as published by the Engineering News Record. The county shall provide the city with notice and documentation of the fee adjustments required, if any.
D. The county facilities fee schedule adopted by the city council shall be annually reviewed by the city for consistency with the county facilities fee nexus report, as it may be updated from time-to-time.
15.66.110 Ordinance—Public hearing.
The adoption of county facilities fees is a legislative act and shall be enacted by resolution after a noticed public hearing before the city council.
15.66.120 Construction.
The chapter and any subsequent amendment to the county facilities fee program shall be read together. With respect to any county facilities fee enacted by resolution under this chapter, any provision of such a county facilities fee which is in conflict with this chapter shall be void.
5 15.66.130 Severability clause.
Should any provision of this chapter or a subsequent amendment to the county facilities fee program be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this chapter and the county facilities fee program shall remain in full force and effect.
15.66.140 Fee adjustments or waiver.
A developer of any project subject to the fee described in this chapter may apply t o the city council for reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk: (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The city council shall consider the application at a public hearing held within sixty days after the filling of the fee adjustment application. The city shall prepare a staff report and recommendation for city council consideration. The decision of the city council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the fee.
15.66.150 Environmental exemption.
Pursuant to Title 14 California Code of Regulations sections 15061 and 15273(4), this chapter is exempt from the California Environmental Quality Act.
SECTION 2. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a m anner 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 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five ( 5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
6 Approved this____ day of _________, 2023
___________________________________
MIKEY HOTHI
Attest: Mayor
OLIVIA NASHED
City Clerk
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State of California
County of San Joaquin, ss.
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2014 was introduced at a regular meeting of the City Council of the City of Lodi held January 4, 2023, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held _____________, 2023, by the following vote:
AYES: COUNCIL MEMBERS –
NOES; COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2014 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.
OLIVIA NASHED
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney
AGENDA ITEM H-01
COUNCIL COMMUNICATION
__________________________________________________________________________________________________ APPROVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Public Hearing to consider a Resolution Adopting and Implementing the Collection of San Joaquin County Facilities Fees, CEQA Determination: Exempt per Section 15061(b)(3) of the CEQA Guidelines, 2022
January 18, 2023
Community Development Director
RECOMMENDED ACTION: Public H earing to consider a resolution adopting San Joaquin County’s (“County”) County Facilities Fees ( “CFF”) findings and 2022 -2023 CFF fee schedule for future development within the City of Lodi (“City”) and approving City collection of the CFF as authorized under Lodi Municipal Code (“LMC”)Chapter 15.66.
BACKGROUND INFORMATION: In 2003, San Joaquin County published the initial CFF Nexus Report, which documented the relationship ( nexus) between new development in San Joaquin County and the need for region -serving facilities and improvements.
In order to mitigate impacts caused by new development within San Joaquin County, the countywide collection of CFF by the County and cities within the County, including Lodi, began on August 15, 2005.
However, the City ceased collection of CFF in June 2012, when the Master Annexation Agreement between the City and the County expired. With the recent update of the City’s Municipal Service Review ( “MSR”) and Sphere o f Influence (“SOI”), the City has begun negotiating terms for a new Annexation Agreement with the County which would require that the City reestablish collection of CFF and reenact LMC Chapter 15.66, which authorizes the collection.
On March 20, 2018, the County Board of Supervisors approved the most recent CFF Nexus Study Update documenting the relationship between new development and the need for additional or larger County facilities and authorized implementation of a revised fee schedule, effective April 2, 2018. The Nexus Study findings and the CFF fee schedule rates are review annually as required by the CFF Program. Most recently, on October 18, 2022, the County completed its annual review of CFF program and approved an update to the 2022-2023 CFF fee schedule to take effect January 1, 2023.
As shown below, t he County’s 2023 CFF fee per single family residential unit is $3,249. Multi -family residential is $2,408 per unit. Retail commercial is $0.54 per square foot. Commercial office is $0.80 per square foot. Industrial is $0.15 per square foot.
CFF Categories Incorporated
Areas
Residential
Single Family (per unit) $3,249
Multi-Family (per unit) $2,408
Non-Residential
Retail/Commercial (per square foot) $0.54
Office (per square foot) $0.80
Industrial/Other (per square foot) $0.15
Fees collected from the CFF Program can be used to offset only the growth-related portion of the cost of County public facilities. The CFF cannot be used for the operation of these facilities, and is limited to their initial construction only.
Examples of capital facilities that can be funded by the CFF include:
1) Regional Projects – Expansion of San Joaquin County Jail Facilities, Probation/Juvenile Hall Expansion, Law and Justice Facilities, General Government Facilities (County Administration Building); and 2) Unincorporated Projects – San Joaquin County Sheriff’s Office expansion, including Animal Services, San Joaquin County Public Works expansion, and San Joaquin County Community Development Department expansion.
CURRENT CFF FEE:
The 2022-2023 CFF fee schedule was last adopted in October and is effective January 1, 2023. The CFF fee schedule is automatically adjusted for inflation, based on changes to the California Construction Cost Index (CCCI), which is published by the California Department of General Services.
Annual inflationary adjustments are to ensure CFF fees collected are adequate to offset the costs of future growth - related facility needs. The building cost index produced by Engineering News Record provides the basis for the CCCI and reflects cost trends for construction trade labor and materials in the California market. Over the prior year, the CCCI changed from 7712 to 8604, an 11.57% increase. This is a significant increase, especially when compared to the average annual increase for the preced ing five-year period of 4.38% and is reflective of costs impacted by the increase in demand for construction services and supply chain disruptions related to the 2019 Novel Coronavirus (COVID-19) pandemic.
The County’s recommended adjustments to the fiscal year 2022-2023 CFF schedule are shown in the following table.
Per agreements for the administration of the CFF program, cities in the county are requested to approve the revised fee schedule that will take effect on January 1, 2023, and annually each year following. Government Code Section 66018 requires local agencies to hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting prior to approving an increase in an existing fee, and to publish notice of the time and place of the meeting, in accordance with Government Code Section 6062a.
Regional and Unincorporated Fees
County
CFF - Regional CFF - Unincorporated County Total
Current Adjusted Current Adjusted Current Adjusted
Residential Per Unit Per Unit Per Unit
Single Family $2,911 $3,249 $1,431 $1,597 $4,342 $4,846 Multi Family $2,158 $2,408 $1,063 $1,186 $3,221 $3,594
Non- Residential Per SqFt Per SqFt Per SqFt
Retail Commercial $0.48 $0.54 $0.22 $0.24 $0.70 $0.78
Commercial Office $0.72 $0.80 $0.36 $0.40 $1.08 $1.20
Industrial $0.13 $0.15 $0.07 $0.08 $0.20 $0.23
EFFECTIVE DATE:
The City’s authority to collect the CFF will become effective the 31 st day following City Council adoption of the Ordinance reenacting LMC Chapter 15.66. Once LMC Chapter 15.66 is effective, the City will once again be able to collect CFF fees before issuance of building permits, or at approval of any discretionary permit if no building permit is required.
Therefore, an approval of this Resolution finding a reasonable relationship between the CFF uses and the type of region-serving capital facilities in which t he fees are imposed , and adoption of the County’s 2022-2023 CFF fee schedule, will take effect concurrently with the effective date of the ordinance reenacting LMC Chapter 15.66.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt per the California Environmental Quality Act, Section 15061 (b) (3). This is the “Common Sense” exemption, which applies to projects as follows:
“The activity is covered by the “Common Sense” exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” [CEQA 15061(b)(3)]
The proposed resolution would allow the collection of CFF fees, each project would be separately analyzed for their potential environmental impacts. Because no significant environmental impacts from the collection of fees alone are anticipated, the so-called “common-sense” exemption can be used.
FISCAL IMPACT: With the acceptance of the County’s CFF Program schedule and adoption and implementation of the CFF Program schedule, revenues collected at the issuance of building and/or discretionary permits will be passed on to development applicants. Per State law, Accessory Dwelling Units (ADUs) of less than seven hundred fifty (750) square feet are exempt from CFF Program fees. No direct fiscal impact on the City.
FUNDING AVAILABLE: None required.
________________________________________
John R. Della Monica, Jr.
Community Development Director
Attachments:
1) 2018 CFF Audit Report
2) 2018 CFF Nexus Study Update
3) 2022 SJC Annual CFF Public Hearing and Report Letter 4) 2022 SJC Resolution Approving CFF Program Fees
San Joaquin County
Office of the Auditor-Controller – Internal Audit
San Joaquin County
County Facilities Fees Program
Compliance Audit
For the Period:
July 1, 2012 through June 30, 2017
Report Date: December 13, 2017
Issue Date: February 1, 2018
Jerome C. Wilverding
Auditor-Controller
County Facilities Fee Program 2 | P a g e
Table of Contents
San Joaquin County
County Facilities Fees Program
Compliance Audit
For the Period
July 1, 2012 through June 30, 2017
Internal Auditor’s Report
Contents
Summary ......................................................................................................................................................... 3 Findings and Recommendations ............................................................................................................ 7 I. GENERAL .................................................................................................................................................7 a. Limited Review of Building Permits ........................................................................................................7 II. CITY OF LATHROP ....................................................................................................................................7 a. Non-Compliance with Annual Reporting ................................................................................................7 b. Non-Compliance with Quarterly Remittance .........................................................................................8 III. CITY OF MANTECA ..................................................................................................................................9 a. Non-Compliance with Annual Reporting ................................................................................................9 IV. CITY OF STOCKTON .................................................................................................................................9 a. Non-Compliance with Annual Reporting ................................................................................................9 b. Non-Compliance with Quarterly Remittance ...................................................................................... 10 c. Non-Compliance with Fee Credit ......................................................................................................... 10 V. COUNTY CDD ........................................................................................................................................ 11 a. Non-Compliance with Annual Reporting ............................................................................................. 11 Supplemental Information .................................................................................................................... 12 I. Statement of Net Position ................................................................................................................... 12 II. Statement of Revenues, Expenditures and Changes in Net Position .................................................. 13
County Facilities Fee Program 3 | P a g e
Summary
Background
In accordance with Government Code Section 66000 et seq, the San Joaquin County (County) Board of Supervisors adopted Ordinance No. 4252 and Resolution No. R-05-314 establishing the County Facilities Fee Program. Under this program, County Facilities Fees (CFF) are to be collected upon each new residential or non-residential building permit issued within San Joaquin County for the purpose of providing funds for the construction of countywide public capital facilities. Each of the cities in the County also adopted their own ordinance and resolution establishing the CFF program and collecting CFF within their respective jurisdictions in accordance with the Agreement for the Administration of the County Facilities Fee Program (Agreements) with the County.
In October 2003, Economic & Planning Systems published the CFF Nexus Report which documented the nexus between new development in San Joaquin County and the need for the county regional and unincorporated area facilities and improvements. The regional and unincorporated area capital facilities identified by this Nexus Report are presented below:
Regional: General Government Facilities
County Jail Expansion
Probation/Juvenile Hall Expansion
County General Hospital Expansion
Metropolitan Airport Extension
Unincorporated: Sheriff Department Facilities
Community Development (CDD) Facilities
Public Works Facilities
Motor Pool Facilities
General Government Facilities
The CFF schedule established by resolution of the Board of Supervisors shall be automatically adjusted annually by an amount determined by the prior year’s increase in the Engineering Construction Cost Index as published by the Engineering News Record. The following is th e adjusted fee schedule effective July 1, 2012, 2013, 2014, 2015 and 2016:
Regional Unincorp Regional Unincorp Regional Unincorp Regional Unincorp Regional Unincorp Facilities Facilities Facilities Facilities Facilities Facilities Facilities Facilities Facilities Facilities Land Use Fee Fee Fee Fee Fee Fee Fee Fee Fee Fee
Residential (Per Unit)
Single Family 1,826$ 2,296$ 1,839$ 2,312$ 1,890$ 2,376$ 1,926$ 2,421$ 1,981$ 2,490$ Multi Family 1,564$ 1,968$ 1,575$ 1,982$ 1,620$ 2,038$ 1,651$ 2,078$ 1,698$ 2,137$ Non-Residential (Per Sq. Ft.)
Commercial-Retail 0.42$ 0.51$ 0.42$ 0.51$ 0.43$ 0.53$ 0.44$ 0.55$ 0.45$ 0.56$ Commercial-Office 0.38$ 0.47$ 0.38$ 0.47$ 0.38$ 0.47$ 0.39$ 0.49$ 0.40$ 0.50$ Industrial 0.21$ 0.26$ 0.21$ 0.26$ 0.22$ 0.27$ 0.22$ 0.28$ 0.23$ 0.29$ FY 2016-17FY 2015-16FY 2014-15FY 2013-14FY 2012-13
County Facilities Fee Program 4 | P a g e
If necessary, the County may also conduct a review of the projects within the CFF Program and update the Nexus Report. If a higher or lower funding requirement is identified, the County may formally request that cities amend the fee schedule consistent with the Nexus Report.
The County Administrator’s Office (CAO) takes the administration and accounting responsibility in administering the program. The responsibilities include the annual appropriation of fees, maintenance of the countywide regional facilities model, and preparation of annual reviews and periodic updates.
The County has also established a trust fund (Fund No. 21094) in the County Treasury to account for the financial activities of the CFF program.
Objectives
The main objective of this audit was to determine if the participating cities of Escalon, Lathrop, Manteca, Ripon, Stockton, and Tracy and County CDD were in full compliance with the terms of the Agreement for the Administration of the County Facilities Fee (CFF) Program. To achieve this objective, the following was verified:
1. Appropriate County Facilities Fees (CFF) were collected on all building permits issued that are subject to CFF.
2. Quarterly remittances of CFF collections to the County Treasurer were accurate and timely.
3. Annual collection reports submitted by the cities and the County CDD were in agreement with the actual quarterly remittances made to the County Treasurer.
The secondary objective of this audit was to determine the amount of CFF that could have been collected from the City of Lodi during the audit period had it continued participating in the CFF Program.
Scope & Methodology
Our audit scope was limited to the collection and remittance of the County facilities fees made by the cities and the County CDD for the period July 1, 2012 through June 30, 2017. However, the Agreement for the Administration of the County Facilities Fee (CFF) Program states that “audits shall be conducted at City and shall occur within 180 days of the date that City provides County with an annual statement of collections.” We, therefore, limited the period of review for objective item #1 listed above to July 1, 2016 through June 30, 2017. The period of review for objective item #2 and #3 was from July 1, 2012 through June 30, 2017, consistent with the requested scope of work. However, should the County and cities agree to change the CFF Administration Agreement program time frame to conduct audits from 180 days to a longer time period such as three to five years, it would provide flexibility for more comprehensive audits of building permit collections in the future rather than just the immediate past fiscal year.
County Facilities Fee Program 5 | P a g e
We performed field visits at the Cities of Lathrop, Manteca, Ripon, Stockton and Tracy and the County CDD. We did not perform a field visit at the City of Escalon, as it had very minimal CFF collected for FY 2016-17. Prior to or during field visits, the following were performed:
1. Interview of fiscal personnel responsible for the CFF Program fee collections, accounting, remittance, and reporting to obtain assurance that control over the CFF Program fees was adequate;
2. Review of the daily and monthly financial records to ensure accuracy of quarterly remittances and annual reports submitted to the County; and
3. Review of building permits issued for applicable CFF assessment and collections for the period July 1, 2016 through June 30, 2017.
For all the other cities and the County CDD, the accuracy of quarterly remittances posted to the County Accounting & Personnel System (CAPS) was verified against the annual reports submitted to the County Auditor -Controller’s Office (ACO). In addition, the timeli ness in submitting the quarterly and annual reports was determined by the ACO’s “date received” stamp on those reports.
Results
Except as reported in the “Findings and Recommendations” section:
1. CFF has been collected on all building permits issued during the period July 1, 2016 through June 30, 2017 that were subject to CFF;
2. Quarterly remittances of CFF collections to the County Treasurer were submitted timely; and
3. Annual reports are accurate and were submitted to the ACO timely.
To provide an overview of the CFF accounted for in Fund No. 21094, we have included this fund’s financial statements for the fiscal years ended June 30, 2013, 2014, 2015, 2016 and 2017, in the “Supplemental Information” section.
Based on information obtained, had the City of Lodi continued participating in the CFF Program, the County could have received $1,370,843.68 during the five -year period of fiscal years 2012 - 13 through 2016-17. See the amounts per fiscal year below:
FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
SFD 14,608.00 31,263.00 64,260.00 227,268.00 396,200.00 733,599.00 MFD - - - 135,382.00 278,472.00 413,854.00 RET - - 1,158.85 93,649.16 1,449.90 96,257.91
OFF - - - - - - IND 94,504.83 336.00 440.66 25,270.52 6,580.76 127,132.77 Total 109,112.83 31,599.00 65,859.51 481,569.68 682,702.66 1,370,843.68
County Facilities Fee Program 6 | P a g e
Conclusion
Based on our audit, the cities in the County and the County CDD are substantially in compliance with their contract agreements with the County regarding the administration of the County Facilities Fee Program . Please see the “Findings and Recommendations” section for further information.
County Facilities Fee Program 7 | P a g e
Findings and Recommendations
I. GENERAL
a. Limited Review of Building Permits
Observation
The Agreement for the Administration of the County Facilities Fee (CFF) Program states that “audits shall be conducted at City and shall occur within 180 days of the date that City provides County with an annual statement of collections.” We, therefore, were limited to the review of fees collected on building permits issued to the period July 1, 2016 through June 30, 2017.
Recommendation
To ensure a more comprehensive audit and flexibility in future audits, the Agreement for the Administration of the County Facilities Fee (CFF) Program between the CAO and the cities should contain a longer time period to conduct audits, such as three to five years rather than just the immediate past fiscal year.
II. CITY OF LATHROP
a. Non-Compliance with Annual Reporting
Finding
Per the Annual Fee Adjustments & Statement Memorandum from the County Administrator’s Office (CAO), entities participating in the CFF Program are requested to file an annual report with County Auditor-Controller within 60 days from fiscal year end (June 30th). Therefore, when the County Administrator’s Office (CAO) disseminates the new fiscal year CFF rates, the cities are notified of the filing due date of th e annual CFF statement to be submitted to the ACO.
The annual CFF statements for fiscal years ending June 30, 2014, 2016 and 2017 were submitted late by the City of Lathrop to the ACO as follows:
FY 2013-14 Submitted 09/02/14 64 days after 06/30/14 FY 2015-16 Submitted 09/05/17 432 days after 06/30/16 FY 2016-17 Submitted 09/05/17 67 days after 06/30/17
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Recommendation
To ensure timely filing of the annual CFF statement, the City of Lathrop may want to consider including in their reporting schedule the deadline for submission (60 days after June 30th) of the annual CFF statement to the ACO.
Management’s Response
During the period noted above, the City experienced an organizational restructur e transitioning several tasks between new and experienced personnel resulting in the oversight of the CFF reports. Currently, the City has successfully overcome the challenges of such transitions with highly eager and trained personnel. The City is cognizant of the importance of timely reporting and going forward, the timely submittal of CFF reports will be a priority.
b. Non-Compliance with Quarterly Remittance
Finding
Per the Agreement for the Administration of the County Facilities Fee (CFF) Program, “City shall remit any CFF proceeds to County no less than once each calendar quarter.”
The CFF Program quarterly collections were not remitted to County timely as follows:
Quarter End
Amount
Date Received by
County Treasury
No. of Days from
Quarter End to
Date Received
09/30/16 $11,869.30 09/05/17 340
12/31/16 $143,280.57 09/05/17 248
03/31/17 $17,656.30 09/05/17 158
Recommendation
The quarterly remittance of CFF collections by the City of Lathrop should be made within 90 days of each quarter-end.
Management’s Response
During the period noted above, the City experienced an organizational restructur e transitioning several tasks between new and experienced personnel resulting in the oversight of the CFF reports. Currently, the City has successfully overcome the challenges of such transitions with highly eager and trained personnel. The City is cognizant of the importance of timely repo rting and going forward, the timely submittal of CFF remittances will be a priority.
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III. CITY OF MANTECA
a. Non-Compliance with Annual Reporting
Finding
(See first paragraph under the City of Lathrop)
The annual CFF statement for fiscal year ending June 30, 2017 was submitted late by the City of Manteca to the ACO as follows:
FY 2016-17 Submitted 09/27/17 89 days after 06/30/17
Recommendation
To ensure timely filing of the annual CFF statement, the City of Manteca may want to consider including in their reporting schedule the deadline for submission (60 days after June 30th) of the annual CFF statement to the ACO.
Management’s Response
The City understands the importance of submitt ing all reports on time to the County. This repo rt was mistakenly missed during transitions that were occurring within the department. The City does not anticipate this to be a problem in the future.
IV. CITY OF STOCKTON
a. Non-Compliance with Annual Reporting
Finding
(See first paragraph under the City of Lathrop)
The annual CFF statement for fiscal year ending June 30, 2015 was submitted late by the City of Stockton to the ACO as follows:
FY 2014-15 Submitted 11/16/17 870 days after 06/30/15
Recommendation
To ensure timely filing of the ann ual CFF statement, the City of Stockton may want to consider including in their reporting schedule the deadline for submission (60 days after June 30th) of the annual CFF statement to the ACO.
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Management’s Response
The City agrees that the annual CFF statement must be included in the Administrative Services Reporting Schedule. This has been done and the appropriate Accounting staff have been assigned to complete this report annually. In addition, notification of reports and audits should be addressed to City of Stockton, Accounting Manager.
b. Non-Compliance with Quarterly Remittance
Finding
Per the Agreement for the Administration of the County Facilities Fee (CFF) Program, “City shall remit any CFF proceeds to County no less than once each calendar quarter.”
The CFF Program quarterly collections were not remitted to County timely as follows:
Quarter End
Amount
Date Received by
County Treasury
No. of Days from
Quarter End to
Date Received
09/30/16 $350,373.25 02/08/17 131
Recommendation
The quarterly remittance of CFF collections by the City of Stockton should be made within 90 days of each quarter-end.
Management’s Response
The City agrees and is committed to remitting CFF collections quarterly. During November 2016 through January 2017, the City’s Accounting Division experienced 60% vacancies causing significant delays in normal operations. For the year before that time, the vacancy rate ranged between 34% and 50%. Since that time, management has taken aggressive steps to fill all vacancies within the Accounting Division with qualified accounting professionals. The City does not expect a reoccurrence of this situation and expects to make CFF payments quarterly.
c. Non-Compliance with Fee Credit
Finding
Per the Agreement for the Administration of the County Facilities Fee (CFF) Program, “County must approve any fee credits or reimbursements to be granted to specific development projects.”
The City issued a fee credit for demolition of a building without the approval from the CAO as follows:
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Building permit no. BP16 -06214 issued on March 14, 2017 was granted a credit in the amount of $2,615.20 for demolition of 8,410 sq. ft.
Recommendation
Fee credits granted for CFF must be approved by the CAO.
Management’s Response
The City of Stockton agrees with this finding. Although the City does have procedures in place to notify the County of a request for credit towards the County’s Facility Fee, in the specific case noted in this report the documentation was not found after a thorough internal investigative review. The City will be conducting training for staff to ensure the proper procedures are followed in the future.
V. COUNTY CDD
a. Non-Compliance with Annual Reporting
Finding
(See first paragraph under the City of Lathrop)
The annual CFF statement for fiscal year ending June 30, 2015 was submitted late by SJC CDD to the ACO as follows:
FY 2014-15 Submitted 09/27/17 820 days after 06/30/15
Recommendation
To ensure timely filing of the annual CFF statement, the SJC CDD may want to consider including in their reporting schedule the deadline for submission (60 days after June 30th) of the annual CFF statement to the ACO.
Management’s Response
Carla Raborn believes that she had submitted the CFF statement in 2015, but was unable to access e-mail records from that timeframe in order to verify the submission. For the future, she will utilize her monthly report schedule/check list to add the annual CFF report to the list to ensure that the report will be submitted in a timely manner.
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Supplemental Information
I. Statement of Net Position
County of San Joaquin
County Facilities Fee Program
Statement of Net Position (Accrual Basis)
As of June 30, 2013, 2014, 2015, 2016 and 2017
Assets
Cash and investments 15,410,195$ 16,287,548$ 18,062,831$ 20,584,252$ 24,033,137$ Accounts Receivable:
County Community
Development Department 60,060$ 25,432$ 26,472$ 66,546$ 30,869$ City of Stockton 73,338 85,260 127,082 338,043 172,169 City of Lodi - - - - - City of Manteca 140,837 285,564 516,057 354,870 412,638 City of Tracy 228,398 75,658 104,490 614,117 206,294 City of Escalon 16,434 29,669 - 3,580 674 City of Ripon 18,149 5,517 82,620 23,112 33,677 City of Lathrop - 9,118 167,550 169,454 370,457 Total Accounts Receivable 537,215 516,218 1,024,271 1,569,722 1,226,779 Interest Receivable 9,474 11,009 14,685 31,378 64,566 Total Assets 15,956,884$ 16,814,775$ 19,101,787$ 22,185,352$ 25,324,482$ Liabilities
Accounts Payable 418$ -$ -$ -$ -$ Total Liabilities 418 - - - - Net Position 15,956,466$ 16,814,775$ 19,101,787$ 22,185,352$ 25,324,482$ As of 6/30/2013 As of 6/30/2014 As of 6/30/2016 As of 6/30/2017As of 6/30/2015
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II. Statement of Revenues, Expenditures and Changes in Net Position
County of San Joaquin
County Facilities Fee Program
Statement of Revenues, Expenditures and Changes in Net Position (Accrual Basis) For The Fiscal Years Ended June 30, 2013, 2014, 2015, 2016 and 2017 FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17
Revenues:
County Facilities Fees collected by:
County Community
Development Department 1,642,433$ 1,021,688$ 1,064,920$ 1,237,853$ 1,123,007$ City of Stockton 304,379 242,604 400,443 1,021,504 756,924 City of Lodi (3,724) (1,789) - - - City of Manteca 531,261 686,859 869,693 980,731 1,383,750 City of Tracy 228,398 133,996 833,354 976,584 913,441 City of Escalon 16,434 93,477 5,965 3,705 13,979 City of Ripon 49,191 39,206 107,689 147,385 87,700 City of Lathrop 5,601 9,168 173,008 5,413 201,003 CFF-Processing Fees - - - - - Total County Facilities Fees 2,773,973 2,225,210 3,455,072 4,373,174 4,479,804 Miscellaneous Revenue 15,122
Interest Income 26,646 46,198 48,264 122,968 61,633 Total Revenues 2,815,741 2,271,408 3,503,336 4,496,142 4,541,437 Expenditures: - - - - - Excess of Revenues Over Expenditures 2,815,741 2,271,408 3,503,336 4,496,142 4,541,437 OTHER FINANCING SOURCES (USES):
Transfers in (out) to General Fund (1,413,099) (1,413,099) (1,216,324) (1,412,577) (1,402,307) Net Position, beginning 14,553,824 15,956,466 16,814,775 19,101,787 22,185,352 Net Position, ending 15,956,466$ 16,814,775$ 19,101,787$ 22,185,352$ 25,324,482$
March 6, 2018
44 N. San Joaquin Street, Suite 640 | Stockton, California 95202 | T 209 468 3203 | F 209 468 2875
Office of the County Administrator
Monica Nino, County Administrator
Board of Supervisors
County Administration Building
Stockton, CA 95202
Dear Board Members:
Approve County Capital Facilities Fee Nexus Study Update and Conduct Public Hearing to Implement Revised Fee Schedule Effective April 2, 2018
Recommendation
It is recommended that the Board of Supervisors approve the County Capital Facilities Fee Nexus Study Update and conduct a public hearing to implement a revised fee schedule, effective April 2, 2018.
Reason for Recommendation
Background
On June 14, 2005, the Board of Supervisors enacted an ordinance (#4252) establishing the County Capital Facilities Fee (CFF) Program and adopted a resolution establishing fees for new development (R -05-314). The Board also approved agreements with each City in the County to administer the Program and collect the CFF on behalf of the County, in conjunction with master annexation agreements providing cities a greater share of property taxes for annexed properties. The CFF was implemented countywide in August 2005.
The CFF Program provides a mechanism to fund a portion of the capital cost of facilities supporting increased County services that are needed as a result of growth. As stated in the Ordinance, the program is needed to finance County facilities “ that are used by the residents and businesses within each city as well as the unincorporated area and to assure that new development pays its proportional share for these improvements.”
The CFF was supported by a “nexus” study that documented the relationship between new devel opment and the need for additional or larger County facilities. The study identified:
Purpose of the fee
How the fee was to be used
Relationship between use of the fee and the type of projects on which the fee was to be imposed
Board of Supervisors March 6, 2018
CAO - Approve CCFF Nexus Study Update and
Conduct Public Hearing