Agenda — Lodi City Council, October 18, 2023 (part 2 of 2)

\\cvcfilv02\pubwks$\WP\DEV_SERV\Developments\Lodi Southwest Gateway\Gateway South\UNIT 3\Improvement Agreement\C_Accept_Oct 2023.docx 10/4/2023

FISCAL IMPACT: There will be an overall increase in long term maintenance costs for public infrastructure and City services such as police, fire, water, wastewater and parks, and open space maintenance associated with the new subdivision. By deferring completion of the park improvements until additional homes in previous units are built out, it is expected that the cost for landscape maintenance in the public park will be offset by proceeds from Community Facilities District No. 2007- 1 (Public Services).

FUNDING AVAILABLE: Not applicable

_______________________________
Charles E. Swimley, Jr.

Public Works Director

Prepared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/cd

cc: Interim City Attorney, Lucchesi
City Engineer / Deputy Public Works Director, Nathan
Associate Civil Engineer, Kiriu
Junior Engineer, Wiman
Public Works Management Analyst
Parks, Recreation and Cultural Services Director
KDK Land Company
MCR Engineering

Villa
Fiore Park
Villa Fiore
Neighborhood Park
DeBenedetti
Park
Vintage
Oaks Ct
Century Blvd.

Fuchsia Dr.

Hibiscus
Wy.

Carnation Wy.

Cammie Ln.

Blossom Dr.

Van Ruiten Dr.

Lower Sacramento Rd.

EXHIBIT A
GATEWAY SOUTH UNIT NO. 3

PROJECT LOCATION

0.04 Miles
UNIT NO. 3
UNIT NO. 2

NEIGHBORHOOD PARK
Name: Exhibit Map

EXHIBIT A

When Recorded Please Return to:

Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING
GATEWAY SOUTH SUBDIVISION, UNIT NO. 3, TRACT NO. 4079; AND

FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE

IMPROVEMENT DEFERRAL AGREEMENT FOR THE

GATEWAY SOUTH NEIGHBORHOOD PARK IMPROVEMENTS
========================================================================

WHEREAS, Gateway South Subdivision, Unit No. 3, is the third phase of a multi -phase residential development located west of Lower Sacramento Road and south of Century Boulevard, and consists of 48 single-family residential lots; and

WHEREAS, as part of the terms of the improvement agreement for the subdivision, the developer, KDK Land Company, is required to execute a separate improvement agreement to construct the neighborhood park in the Gateway South subdivision; and

WHEREAS, due to the timing of various design issues, the developer is requesting to execute an improvement deferral agreement in lieu of the improvement agreement that will allow the developer to defer and complete the park construction by December 31, 2024; and

WHEREAS, the d eveloper has furnished the City with the necessary bond, fees, and signed agreement for the deferred park improvements; and

WHEREAS, staff recommends accepting Gateway South Subdivision, Unit No. 3, Tract No. 4079; and

WHEREAS, staff further recommends authorizing the City Manager to execute the improvement deferral agreement for the Gateway South neighborhood park improvements.

NOW, THEREFORE, BE IT RESOLVED that the Lodi C ity Council does hereby accept Gateway South Subdivision, Unit No. 3, Tract No. 4079; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the improvement deferral agreement for the Gateway South neighborhood park improvements; and

BE IT FURTHER RESOLVED , pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: October 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 October 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-21

COUNCIL COMMUNICATION
APPROVED: ________________________________
Andrew Keys, Interim City Manager
\\cvcfilv02\pubwks$\WP\Solid Waste\CC 2023 SB 1383 Grant Submittal.docx 10/5/2023 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute and Submit Application for Department of Resources Recycling and Recovery (CalRecycle) SB1383 Local Assistance Grant (OWR4: 2022-23), and Related Documents MEETING DATE: October 18, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute and submit application for Department of Resources Recycling and Recovery (CalRecycle) SB1383 Local Assistance Grant (OWR4: 2022-23), and Related Documents.

BACKGROUND INFORMATION: Public Resources Code section 48000 et seq. authorizes CalRecycle to administer various grant programs (grants) in furtherance of the S tate of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment. CalRecycle is required to establish procedures governing the application, awarding, and management of the grants. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

Senate Bill 1383 Lara, Chapter 395, Statutes of 2016, set methane emissions reduction targets for California in a statewide effort to reduce emissions of short -lived climate pollutants. The Budget Act of 2022 authorizes CalRecycle to award grants to local jurisdictions to assist in the implementation of programs to meet these statutory requirements. The base grant award is $75,000 for eligible entities. The remaining funds will be distributed to eligible entities based on per capita calculations using the Department of Finance’s January 2023 population statistics and data provided by special districts. The City of Lodi’s portion is $128,029. Grant resolutions are required by CalRecycle for this grant cycle.

Staff recommends authorizing City Manager to execute and s ubmit application for Department of Resources Recycling and Recovery (CalRecycle) SB1383 Local Assistance Grant (OWR4: 2022- 23), and Related Documents.

STRATEGIC VISION:
3D. Fiscal Health: Anticipate and advocate against unfunded mandates, while ensuring City has funding amounts equal to annual depreciation levels to maintain assets.

FISCAL IMPACT: This action does not impact the General Fund.

FUNDING AVAILABLE: Not applicable.
_______________________________________
Charles E. Swimley, Jr.

Public Works Director
CES/TC/cd
RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE AND SUBMIT AN APPLICATION FOR

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE) GRANT (OWR4: 2022-23) AND RELATED DOCUMENTS ========================================================================

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and

WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and

WHEREAS, staff recommends authorizing the City Manager to execute and submit an application for Department of Resources Recycling and Recovery (CalRecycle) grant (OWR4:
2022-23) and related documents.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute and submit an application for Department of Resources Recycling and Recovery (CalRecycle) grant (OWR4: 2022-23) and related documents; and

BE IT FURTHER RESOLVED that the City Manager or their designee is hereby authorized and empowered to execute in the name of the City of Lodi all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and

BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution; 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.

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk
2023-____
AGENDA ITEM C-22

COUNCIL COMMUNICATION
APPROVED: ________________________________
Andrew Keys, Interim City Manager
AGENDA TITLE: Adopt a Resolution Accepting and Appropriating the Homeless Housing, Assistance, and Prevention (HHAP) Round 3 Grant, in the Amount of $578,537.07 and Authorizing the City Manager to Execute the 2020 HHAP Program – Round 3 Subrecipient Agreements (3)
MEETING DATE: October 18, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Adopt a resolution accepting and appropriating the Homeless Housing, Assistance, and Prevention (HHAP) Round 3 grant, in the amount of $578,537.07 and authorizing the City Manager t o execute the 2020 HHAP Program - Round 3 subrecipient agreements (3).

BACKGROUND INFORMATION: The State of California Homeless Coordinating and Financing Council (HCFC), and the Business, Consumer Services and Housing Agency (BCSH) has made available approximately
$650 million in HHAP funding. The HHAP program was established under Assembly Bill 1 01 (Chapter 159, Statutes of 2019) and, signed into law by Governor Gavin Newsom on July 31, 2019. HHAP is a grant program designed to support the regional coordination and expansion of development to increase local jurisdictions' capacity to address immediate homeless challenges throughout the State. Spending must be informed by a best practices’ framework focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families maintain their permanent housing. A key requirement of the HHAP program includes coordination between funded jurisdictions to identify their share of the regional need to address homelessness, and how the requested funds will help meet the jurisdiction’s share of that need. The intent of the HHAP program funds is solely to expand or increase services and housing capacity for homeless individuals.

The Multi-Jurisdictional Agencies (SJCoC, City of Stockton, and San Joaquin County (SJC)) have received an HHAP Round 1, two, and three allocations. HHAP Round 1 had a combined allocation of funds of $12,430,905, HHAP Round 2 was $5,833,034 and Round 3 was $15,506,341. The SJCoC and SJC have collaboratively made their funds available ($7,613,071) to community organizations and jurisdictions, such as the City of Lodi, through a joint local Notice of Funding Availability (NOFA) process to allocate funds to programs and projects that reduce homelessness and increase permanent housing opportunities for homeless households and those at risk of homelessness across San Joaquin County. The Multi-Jurisdiction Agencies released the NOFA for HHAP Round 1 on August 3 with an application deadline of September 10, 2020. City staff has applied for multiple rounds of HHAP fun ding and the t he City of Lodi was awarded $400,000 via the HHAP Round 2 allocation for the Harmony Homes project in 2021 and subsequently an additional $414,042 towards the Access Center Project in 2022.

HHAP Round 3
October 18, 2023
2 of 4

At their regular meeting of June 9, 2022, the San Joaquin Continuum of Care Board of Directors adopted local funding priorities for HHAP Round 3 following an extensive process of community -wide engagement and consensus building. In accordance with the directives of the Board of Supervisors and to ensure compliance with state requirements related to regional alignment in deploying funds under HHAP Round 3, the County of San Joaquin also adopted those priorities as outlined below.

Funding Priorities:

SJC Funding Allocation Breakdown:
• Permanent Supportive Housing:
o Operating Subsidies: $387,244.78
o Services Coordination: $257,944.41
o Delivery of Permanent Housing: $1,068,998.55
• Shelter Operations: $521,795.53
• HMIS and CES Support: $448,252.38
• Diversion / Prevention: $387,244.79

SJC (Youth Set-Aside)
• Services Coordination: $147,011.03
• Systems Support: $147,011.03
• Street Outreach: $59,723.22

SJCoC Allocation Breakdown:
• Permanent Supportive Housing:
o Operating Subsidies: $420,059.74
o Services Coordination: $280,258.58
o Delivery of Permanent Housing: $1,101,813.52
• Shelter Operations: $554,610.49
• HMIS and CES Support: $470,566.55
• Diversion / Prevention: $420,059.73

SJCoC (Youth Set-Aside)
• Services Coordination: $157,511.82
• Systems Support: $157,511.82
• Street Outreach: $92,538.19

City of Lodi Staff Submitted the HHA P Round 3 application on January 4, 2023. In an effort not to compete against the Housing Authority of San Joaquin Lodi Century Blvd Affordable Housing project, City Staff focused the grant application towards shelter operations and prevention/diversion services. Staff applied for $445,000 from the SJC allocation and $445,000 from the SJCoC allocation for a total of $890,000. After evaluation by the SJCoC and SJC of all of the HHAP applications the City of Lodi was awarded $578,537.07 as broken out below.
• San Joaquin County - $270,000 (shelter operations)
• San Joaquin Continuum of Care - $270,000 (shelter operations) • San Joaquin Continuum of Care - $38,537.07 (prevention/diversion services)

Each allocation and section of funding requires its own subrecipient agreement, therefore there are three subrecipient agreements based on the City’s awards (Attachments 1-3).

HHAP Round 3
October 18, 2023
3 of 4

Staff is requesting that City Council adopt a resolution accepting and appropriating the HHAP Round grant funds in the amount of $578,537.07 and authorizing the City Manager to execute the 2020 HHAP Program - Round 3 subrecipient agreements (3).

Updated Access Center Funding including HHAP round 3 is broken down below.

Funding Source Amount Allocated
Expenditures Through
October 5, 2023 Remaining
San Joaquin County Capital-Outlay Grant 2,800,000$ $ 2,584,823 215,177$ San Joaquin County ARPA Grant 8,200,000$ -$ 8,200,000$ Homeless Housing, Assistance, & Prevention (HHAP) Round 2 414,042$ 241,679$ 172,363$ City Electric Utility (Energy Efficiency Upgrades) 125,000$ -$ 125,000$ Local Early Action Planning Grant 125,000$ 123,659$ 1,341$ City of Lodi ARPA Funds 4,504,883$ 124,768$ 4,380,116$ Community Project Funding Grant 1,048,000$ -$ 1,048,000$ Total: $ 17,216,925 $ 3,074,930 $ 14,141,995 Funding Source Amount Allocated
Expenditures Through
October 5, 2023 Remaining
Permanent Local Housing Allocation Grant 2,006,589$ $ 1,164,947 841,642$ City of Lodi ARPA Funds 1,638,670$ -$ 1,638,670$ HHAP Round 3 578,537$ -$ 578,537$ 2022 City One-Time Surplus Funds (Ambassador Program) 700,000$ 268,501$ 431,499$ Total: $ 4,923,796 $ 1,433,448 $ 3,490,348 Operational Expense
Projected
Operational
Expenses
Remaining Funds
Available as of
October 5, 2023
Deficit for
operations
through October
31, 2025
Ambassadors (through October 31, 2024)1 536,936$ $ 431,499 $ (105,438) Projected Temporary Access Center through
October 31, 20242 1,225,000$ 1,225,000$ $ - Permanent Access Center (November 1, 2024 -October 31, 2025)3 2,774,078$ 1,833,849$ $ (940,229) Total: $ 4,536,014 $ 3,490,348 $ (1,045,667) Note:

1. Ambassador Program is contracted per Fiscal Year, however for the purpose of this projection we have calculated through the same operational time frame for consistency.

2. Temporary Access Center Costs Based on Inner City Action, Inc. approved amendment from November 1, 2023 to October 31, 2024

3. Permanent Access Center Operational Cost Based on Estimate Provided by The Salvation Army RFP Response

4. Staff had set aside 2.5 years of operational funds based off available awarded resources. The Access Center will have been in operation almost two and a half years by the time the permanent facility opens. However, based on some cost savings from the temporary facility, there are anticipated to be sufficient funds to run the permanent facility for approximately 7 to 8 months before running into an operational deficit.

Access Center Shelter Projected Operational Capacity
Access Center Shelter Allocated Funding Towards Operations Access Center Shelter Allocated Funding Towards Capital Note: Includes community engagement costs, acquisition of property, temporary Access Center start-up, design and construction of permanent Access Center
Note:

1. Current expenditures are for the temporary Access Center operations since it opened July 2022 and Ambassador Costs.

HHAP Round 3
October 18, 2023
4 of 4

STRATEGIC VISION:
4E. Housing: Adopt standards and policies to promote housing for all economic levels.

FISCAL IMPACT: The HHAP grant will provide $578,537.07 in funds to support the Access Center Project. It is a State Grant awarded through the Count y and SJCoC.

FUNDING AVAILABLE: HHAP Round 3 Project Strings:

ARPA-22001.Contracts. HHAP3.CountyOP ($270,000)
ARPA-22001.Contracts. HHAP3.CoCOP ($270,000)
ARPA-22001.Contracts.HHAP3.CoCPR ($38,537.07)

Revenue: 35500000.56005 $578,537.07
Expenditures: 35599000.77020 $578,537.07

__________________________________
Andrew Keys
Interim City Manager/Internal Services Director

______________________________________
John R. Della Monica, Jr.

Community Development Director

Attachments:

1. HHAP Subrecipient Agreement Operating Subsidies – SJC

2. HHAP Subrecipient Agreement Operating Subsidies – CoC

3. HHAP Subrecipient Agreement Prevention and Diversion – CoC

4. Capital Improvement Plan – Access Center

Page 1 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

1. Authority
The State of California has established the Homeless Housing, Assistance, and Prevention Program ("HHAP" or "Program" or "grant") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021.)
The Program is administered by the California lnteragency Council on Homelessness ("Cal ICH") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-3 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.

This SUBRECIPIENT AGREEMENT along with all its exhibits ("AGREEMENT ") is entered into by the COUNTY and the SUBRECIPIENT under the authority of, and in furtherance of the purpose of, the Program. In signing this AGREEMENT and thereby accepting this award of funds, the SUBRECIPIENT agrees to comply with the terms and conditions of the AGREEMENT, the NOFA under which the SUBRECIPIENT applied, the representations contained in the SUBRECIPIENT ’S APPLICATION, and the requirements of the authority cited above.

2. Purpose
The general purpose of the Program is to provide one -time block grant funding to support regional coordination, and to expand or develop local capacity to address immediate homelessness challenges.

Activities will be informed by a best- practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. In accordance with the authority cited above, an application was created and submit ted by the SUBRECIPIENT for The FUNDS to be allocated for eligible uses as stated in Health and Safety Code section 50216.

3. Definitions
The following HHAP program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) — (q):

A. "COUNTY" means San Joaquin County.

B. "SUBRECIPIENT" means a nonprofit, public agency or a for-profit entity.

C. "Continuum of care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.

Page 2 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

D. "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.

E. "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801.

G. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.

H. "Homeless Management Information System"(HMIS) means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.

I. "Homeless point-in-time count" means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point -in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point -in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction's application for homeless funding.

J. "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney- Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting.

K. "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all the core components listed therein.

L. "Navigation center" means a Housing First, low -barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides

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HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____
temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

M. "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.

4. Scope of Work
The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code section 50218.6, subdivision (e), and section 50220.7, subdivisions (a)(4)-(5) & (f), and any other applicable laws. Eligible uses include the following:

A. Rental assistance and rapid rehousing.

B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

C. Street outreach to assist persons experiencing homelessness to access permanent housing and services.

D. Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.

E. Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth.

F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions.

G. Prevention and shelter diversion to permanent housing.

H. New navigation centers and emergency shelters based on demonstrated need.

Demonstrated need for purposes of this paragraph shall be based on the following:

i. The number of available shelter beds in the city, county, or region served by a continuum of care.

ii. The number of people experiencing unsheltered homelessness in the homeless point-in-time count.

iii. Shelter vacancy rate in the summer and winter months.

iv. Percentage of exits from emergency shelters to permanent housing solutions.

v. A plan to connect residents to permanent housing.

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HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

vi. Any new interim sheltering funded by HHAP – 3 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize intervention other than congregate shelters.

I. Improvements to existing emergency shelters to lower barriers and increase privacy.

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HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____
J.

5. COUNTY Contract Coordinator
The COUNTY’S Contract Coordinator for this AGREEMENT is the COUNTY’S Health Care Services Agency, Neighborhood Preservation Division. Unless otherwise instructed, any notice, report, or other communication requiring an original SUBRECIPIENT signature for this AGREEMENT shall be mailed to the COUNTY Contract Coordinator.

The Representatives during the term of this Agreement will be:

GRANTEE SUBRECIPIENT
ENTITY: San Joaquin County City of Lodi
SECTION/UNIT: Neighborhood Preservation
Address: 16988 S. Harlan Rd
Lathrop, CA 95330
221 W Pine Street
Lodi, CA 95241

CONTRACT
COORDINATOR: Nancy Perez Jennifer Rhyne
PHONE NUMBER: 209-468-3139 209-269-4519
EMAIL ADDRESS: [email protected] [email protected]

All requests to update the SUBRECIPIENT information listed within this AGREEMENT shall be emailed to the COUNTY Health Care Services Agency - Neighborhood Preservation Division general email box at [email protected] . The SUBRECIPIENT reserves the right to change their representative and/or contact information at any time with notice to the COUNTY.

6. Effective Date, Term of Agreement, and Deadlines

A. This AGREEMENT is effec tive upon approval by the COUNTY (indicated by the signature provided by the COUNTY in the lower left section of page one, when signed by all parties.

B. Full Expenditure of the FUNDS

i. All FUNDS (100 percent) must be expended by June 30, 2026. Any FUNDS not expended by that date shall revert to the State General Fund.

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HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

7. Special Conditions
The COUNTY reserves the right to add any special conditions to this AGREEMENT it deems necessary to ensure that the goals of the Program are achieved.

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HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT B
Budget Detail and Payment Provisions

Subrecipient Initials____

1. Budget Detail & Changes
The SUBRECIPIENT agrees that the FUNDS shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.

The SUBRECIPIENT shall expend t he FUNDS on eligible activities as detailed in the final budget as referenced in Exhibit F . The SUBRECIPIENT shall submit an updated budget with the annual report that revises and reports all actual and projected expenditures of the FUNDS.

Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the County so long as the total expenditures (actual and projected) for each eligible use category remain the same as described in the final budget. Any decrease or increase to the total expenditures for any eligible use category must otherw ise be approved by the COUNTY’S Contract Coordinator and his/her designee , in writing, before the SUBRECIPIENT may expend the FUNDS according to an alternative bu dget. The COUNTY’S Contract Coordinator will respond to SUBRECIPIENT with approval or denial of request.

Failure to obtain written approval from the COUNTY’S Contract Coordinator or his/her designee as required by this section may be considered a breach of this AGREEMENT.

2. General Conditions Prior to Disbursement
The SUBRECIPIENT must submit the signed AGREEMENT, and initialed Exhibits A through D.

3. Disbursement of Funds
The FUNDS will be disbursed to the SUBRECIPIENT upon receipt, review and approval of the completed AGREEMENT.

The COUNTY agrees to distribute to the SUBRECIPIENT the total sum of the FUNDS over the term of this agreement on a reimbursement basis.

The SUBRECIPIENT shall submit invoices, receipts, or other sufficient proof of the SUBRECIPIENT’s billing for the grant activity(ies) to the COUNTY and the COUNTY will distribute the FUNDS to the SUBRECIPIENT in the amount of those receipts or other sufficient proof.

4. Reimbursement
The FUNDS should not generally be obligated or expended prior to the effective date of this Agreement.

However, the COUNTY acknowledges that there may be circumstances that would require reimbursement in order to prevent or address homelessness in a given jurisdiction. When considering a reimbursement, the following requirements are applicable:

A. Reimbursement is not permitted for activities occurring prior to September 7, 2021.

B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention.

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HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT B
Budget Detail and Payment Provisions

Subrecipient Initials____

C. Approval from the COUNTY must be obtained prior to obtaining reimbursement.

5. Ineligible Costs
The FUNDS shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code sections section 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f).

The COUNTY reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this AGREEMENT. If the SUBRECIPIENT or its funded sub-subrecipients use the FUNDS to pay for ineligible activities, the SUBRECIPIENT shall be required to reimburse these FUNDS to the COUNTY.

An expenditure which is not authorized by this AGREEMENT, or by written approval of the COUNTY Contract Coordinator or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the COUNTY by the SUBRECIPIENT.

The COUNTY, at its sole and absolute discretion, shall make the final determination re garding the allowability of the FUNDS expenditures.

The FUNDS shall not be used to supplant existing local funds for homeless housing, assistance, or prevention.

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HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

1. Termination and Sufficiency of Funds

A. Termination of AGREEMENT
The COUNTY may terminate this AGREEMENT at any time for cause by giving a minimum of 14 days notice of termination, in writing, to the SUBRECIPIENT. Cause shall consist of violations of any conditions of this AGREEMENT, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of COUNTY’S expenditure authority.

2. Transfers
The SUBRECIPIENT may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this AGREEMENT or any part thereof, except with the prior written approval of the COUNTY and a formal amendment to this AGREEMENT to affect such subcontract or novation.

3. Reporting/Audits

A. Annual Report Deadlines
By December 31, 2023, and annually on that date thereafter until all funds have been expended, the SUBRECIPIENT shall submit an annual report to the COUNTY in a format provided by the COUNTY. If the SUBRECIPIENT fails to provide such documentation, the COUNTY may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Reporting Requirements
The annual report shall contain detailed information in accordance with Health and Safety Code section 50221, subdivision (a). This information includes the following, as well as any additional information deemed appropriate or necessary by the County:
i. An ongoing tracking of the specific uses and expenditures of any FUNDS broken out by eligible uses listed, including the current status of those FUNDS. ii. The number of homeless individuals served by the FUNDS in that year, and a total number served in all years of the Program, as well as the homeless populations served.
iii. The types of housing assistance provided, broken out by the number of individuals. iv. Outcome data for an individual served through the FUNDS , including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits.

In addition to the annual reports, the COUNTY requires the SUBRECIPIENT to submit quarterly expenditure reports due no later than 14 days following the end of each fiscal quarter. The SUBRECIPIENT shall submit a report to the COUNTY on a form and method provide d by the COUNTY that includes the ongoing tracking of the specific uses and expenditures of any of the

Page 10 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____
FUNDS broken out by eligible uses listed, includi ng the current status of those FUNDS , as well as any additional information the agency deems appropriate or necessary.

The COUNTY may require additional supplemental reporting wi th written notice to the SUBRECIPIENT.

4. Auditing
The COUNTY reserves the right to perform or cause to be perfor med a financial audit. At the COUNTY’S request, the SUBRECIPIENT shall provide, at its own expense, a financial audit prepared by a certified public accountant.

A. If a finan cial audit is required by the COUNTY, the audit shall be performed by an independent certified public accountant.

B. The SUBRECIPIENT shall notify the COUNTY of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the COUNTY to the independent auditor's working papers.

C. The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.

D. If there are audit findings, the SUBRECIPIENT must submit a detailed respon se acceptable to the COUNTY for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records

A. Record Inspection
The SUBRECIPIENT agrees that COUNTY or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this AGREEMENT.

The SUBRECIPIENT agrees to provide the COUNTY, or its designee, with any relevant information requested. The SUBRECIPIENT agrees to give the COUNTY or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the HHAP program laws, the HHAP program guidance document published on the website, and this AGREEMENT.

B. Record Retention
The SUBRECIPIENT further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this AGREEMENT.

Page 11 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____
If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

Page 12 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

6. Breach and Remedies

A. Breach of AGREEMENT
Breach of this AGREEMENT includes, but is not limited to, the following events:
i. SUBRECIPIENT’s failure to comply with the terms or conditions of this AGREEMENT.
ii. Use of, or permitting the use of, FUNDS provided under this AGREEMENT for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this AGREEMENT.

B. Remedies for Breach of AGREEMENT
In addition to any other remedies that may be available to the COUNTY in law or equity for breach of this AGREEMENT, the COUNTY may:
i. Bar the SUBRECIPIENT from applying for future funds; ii. Revoke any other existing HHAP award(s) to the SUBRECIPIENT; iii. Require repayment of the FUNDS disbursed and expended under this AGREEMENT; and
iv. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HHAP requirements.

C. All remedies available to the COUNTY are cumulative and not exclusive.

D. The COUNTY may gi ve written notice to the SUBRECIPIENT to cure the breach or violation within a period of not less than 15 days.

7. Waivers
No waiver of any breach of this AGREEMENT shall be held to be a waiver of any prior or subsequent breach. The failure of the COUNTY to enforce at any time the provisions of this AGREEMENT , or to require at any time, performance by the SUBRECIPIENT of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this AGREEMENT or the right of the COUNTY to enforce these provisions.

Page 13 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

8. Nondiscrimination
During the performance of this AGREEMENT, the SUBRECIPIENT and its sub-subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status , and denial of medical and family care leave or preg nancy disability leave. The COUNTY and SUBRECIPIENTS shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The SUBRECIPIENT and its sub- subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 1 1000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.

Code, SS 1 1135 - 11 139.5).

SUBRECIPIENT and its sub- subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. Conflict of Interest
All SUBRECIPIENTs are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states , "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall ha ve no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes i nclude, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411.

10. Drug-Free Workplace Certification

Certification of Compliance: By signing this AGREEMENT, the SUBRECIPIENT hereby certifies, under penalty of perjury under the laws of State of California, that it and its sub- subrecipients will comply with the requirements of the Drug- Free Workplace Act of 1990 (Gov. Code, S 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a sta tement notifying employees and sub- subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees or sub-subrecipients for violations, as required by Government Code section 8355, subdivision (a) (l).

Page 14 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

A. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees or sub-subrecipients about all of the following:

i. The dangers of drug abuse in the workplace;
ii. SUBRECIPIENT’s policy of maintaining a drug-free workplace; iii. Any available counseling, rehabilitation, and employee assistance program; and iv. Penalties that may be imposed upon employees and
sub-subrecipients for drug abuse violations.

B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or sub-subrecipient that works under this Agreement:

i. Will receive a copy of SUBRECIPIENT’s drug-free policy statement, and ii. Will agree to abide by terms of the COUNTY’S condition of employment or subcontract.

11. Child Support Compliance Act

For any AGREEMENT in excess of $100,000, the SUBRECIPIENT acknowledges in accordance with Public Contract Code 7110, that:

A. The SUBRECIPIENT recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

B. The SUBRECIPIENT, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. Special Conditions — SUBRECIPIENT/SUB-SUBRECIPIENT

The SUBRECIPIENT agrees to comply with all conditions of this SUBRECIPIENT AGREEMENT including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of the County prior to disbursement of funds. The SUBRECIPIENT shall ensure that all sub-subrecipients are made aware of and agree to comply with all the conditions of this AGREEMENT and the applicable State requirements governing the use of t he FUNDS. Failure to comply with these conditions may result in termination of this AGREEMENT.

A. The agreement between the SUBRECIPIENT and any sub-subrecipient shall require the SUBRECIPIENT and its sub-subrecipient, if any, to:

i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

Page 15 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

ii. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it.

iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the SUBRECIPIENT or any sub-subrecipient in performing the work or any part of it.

iv. Agree to include all the terms of this AGREEMENT in each subcontract.

13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The SUBRECIPIENT agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP program, the SUBRECIPIENT, its sub-subrecipients, and all eligible activities.

SUBRECIPIENT shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this AGREEMENT, including those necessary to perform design, construction, or operation and maintenance of the activities. SUBRECIPIENT shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. SUBRECIPIENT shall provide copies of permits and approvals to the COUNTY upon request.

14. Inspections

A. SUBRECIPIENT shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this AGREEMENT.

B. The COUNTY reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this AGREEMENT.

C. SUBRECIPIENT agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the sub-subrecipients until it is corrected.

15. Litigation

A. If any provision of this AGREEMENT, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the COUNTY, shall not affect any other provisions of this Agreement and the remainder of this

Page 16 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____
AGREEMENT shall remain in full force and effect. Therefore, the provisions of this AGREEMENT are and shall be deemed severable.

B. The SUBRECIPIENT shall notify the COUNTY immediately of any claim or action undertaken by or against it, which affects or may affect this AGREEMENT or the COUNTY, and shall take such action with respect to the claim or action as is consistent with the terms of this AGREEMENT and the interests of the COUNTY.

Stockton Shelter

Page 17 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT D
Special Terms and Conditions

Subrecipient Initials____

1. Any housing-related activities funded with the FUNDS, including but not limited to emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, pursuant to Welfare and Institutions Code section 8255, subdivision (b).

2. The SUBRECIPIENT shall regularly submit Project Service client- level data to the SJCoC’s HMIS, except for victim service providers, who are not permitted to enter data into HMIS, and legal service providers, who may choose not to use HMIS if it is necessary to protect attorney-client privilege.

A. If SUBRECIPIENT is a victim service provider it shall establish and operate a comparable database to HMIS that complies with HUD standards.

B. The SUBRECIPIENT shall comply with policies and procedures set forth in the SJCoC HMIS Manual, and the COUNTY’s HMIS Privacy, Security, and Data Quality Plans.

COUNTY HHAP 3 BUDGET FY 2023-2025

EXPENSES

ACCESS CENTER OPERATOR STAFF COSTS
CO-DIRECTORS (2 FTE) 100% 132,000
OUTREACH COORDINATOR/DIRECTOR (1 FTE) 100% 92,000
TOTAL EMPLOYEE RELATED EXPENSE 224,000

OPERATING EXPENSES
Meals 21,000
Laundry Services 25,000
TOTAL OPERATING EXPENSES 46,000
TOTAL EXPENSES 270,000

Page 1 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

3. Definitions
The following HHAP program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) — (q):

A. "COUNTY" means San Joaquin County.

B. "SUBRECIPIENT" means a nonprofit, public agency or a for-profit entity.

C. "Continuum of care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.

Page 2 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

E. "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801.

G. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.

K. "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all the core components listed therein.

L. "Navigation center" means a Housing First, low -barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides

Page 3 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____
temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

M. "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.

A. Rental assistance and rapid rehousing.

B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

C. Street outreach to assist persons experiencing homelessness to access permanent housing and services.

D. Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.

F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions.

G. Prevention and shelter diversion to permanent housing.

H. New navigation centers and emergency shelters based on demonstrated need.

Demonstrated need for purposes of this paragraph shall be based on the following:

i. The number of available shelter beds in the city, county, or region served by a continuum of care.

ii. The number of people experiencing unsheltered homelessness in the homeless point-in-time count.

iii. Shelter vacancy rate in the summer and winter months.

iv. Percentage of exits from emergency shelters to permanent housing solutions.

v. A plan to connect residents to permanent housing.

Page 4 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

I. Improvements to existing emergency shelters to lower barriers and increase privacy.

Page 5 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____
J.

The Representatives during the term of this Agreement will be:

GRANTEE SUBRECIPIENT
ENTITY: San Joaquin County City of Lodi
SECTION/UNIT: Neighborhood Preservation
Address: 16988 S. Harlan Rd
Lathrop, CA 95330
221 W Pine Street
Lodi, CA 95241

CONTRACT
COORDINATOR: Nancy Perez Jennifer Rhyne
PHONE NUMBER: 209-468-3139 209-269-4519
EMAIL ADDRESS: [email protected] [email protected]

6. Effective Date, Term of Agreement, and Deadlines

A. This AGREEMENT is effec tive upon approval by the COUNTY (indicated by the signature provided by the COUNTY in the lower left section of page one, when signed by all parties.

B. Full Expenditure of the FUNDS

i. All FUNDS (100 percent) must be expended by June 30, 2026. Any FUNDS not expended by that date shall revert to the State General Fund.

Page 6 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

7. Special Conditions
The COUNTY reserves the right to add any special conditions to this AGREEMENT it deems necessary to ensure that the goals of the Program are achieved.

Page 7 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT B
Budget Detail and Payment Provisions

Subrecipient Initials____

Failure to obtain written approval from the COUNTY’S Contract Coordinator or his/her designee as required by this section may be considered a breach of this AGREEMENT.

2. General Conditions Prior to Disbursement
The SUBRECIPIENT must submit the signed AGREEMENT, and initialed Exhibits A through D.

3. Disbursement of Funds
The FUNDS will be disbursed to the SUBRECIPIENT upon receipt, review and approval of the completed AGREEMENT.

The COUNTY agrees to distribute to the SUBRECIPIENT the total sum of the FUNDS over the term of this agreement on a reimbursement basis.

4. Reimbursement
The FUNDS should not generally be obligated or expended prior to the effective date of this Agreement.

A. Reimbursement is not permitted for activities occurring prior to September 7, 2021.

B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention.

Page 8 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT B
Budget Detail and Payment Provisions

Subrecipient Initials____

C. Approval from the COUNTY must be obtained prior to obtaining reimbursement.

The COUNTY, at its sole and absolute discretion, shall make the final determination re garding the allowability of the FUNDS expenditures.

The FUNDS shall not be used to supplant existing local funds for homeless housing, assistance, or prevention.

Page 9 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

1. Termination and Sufficiency of Funds

3. Reporting/Audits

Page 10 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____
FUNDS broken out by eligible uses listed, includi ng the current status of those FUNDS , as well as any additional information the agency deems appropriate or necessary.

The COUNTY may require additional supplemental reporting wi th written notice to the SUBRECIPIENT.

A. If a finan cial audit is required by the COUNTY, the audit shall be performed by an independent certified public accountant.

C. The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.

D. If there are audit findings, the SUBRECIPIENT must submit a detailed respon se acceptable to the COUNTY for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records

B. Record Retention
The SUBRECIPIENT further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this AGREEMENT.

Page 11 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Page 12 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

6. Breach and Remedies

C. All remedies available to the COUNTY are cumulative and not exclusive.

D. The COUNTY may gi ve written notice to the SUBRECIPIENT to cure the breach or violation within a period of not less than 15 days.

Page 13 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

Code, SS 1 1135 - 11 139.5).

SUBRECIPIENT and its sub- subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

10. Drug-Free Workplace Certification

Page 14 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

A. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees or sub-subrecipients about all of the following:

B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or sub-subrecipient that works under this Agreement:

i. Will receive a copy of SUBRECIPIENT’s drug-free policy statement, and ii. Will agree to abide by terms of the COUNTY’S condition of employment or subcontract.

11. Child Support Compliance Act

For any AGREEMENT in excess of $100,000, the SUBRECIPIENT acknowledges in accordance with Public Contract Code 7110, that:

12. Special Conditions — SUBRECIPIENT/SUB-SUBRECIPIENT

A. The agreement between the SUBRECIPIENT and any sub-subrecipient shall require the SUBRECIPIENT and its sub-subrecipient, if any, to:

i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

Page 15 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

ii. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it.

iv. Agree to include all the terms of this AGREEMENT in each subcontract.

14. Inspections

15. Litigation

Page 16 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____
AGREEMENT shall remain in full force and effect. Therefore, the provisions of this AGREEMENT are and shall be deemed severable.

Stockton Shelter

Page 17 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT D
Special Terms and Conditions

Subrecipient Initials____

A. If SUBRECIPIENT is a victim service provider it shall establish and operate a comparable database to HMIS that complies with HUD standards.

B. The SUBRECIPIENT shall comply with policies and procedures set forth in the SJCoC HMIS Manual, and the COUNTY’s HMIS Privacy, Security, and Data Quality Plans.

COC HHAP 3 BUDGET FY 2023-2025

EXPENSES

STAFF COSTS
DRIVER (1 FTE) 100 % 35,000
HOUSING NAVIGATOR/HMIS COORDINATOR (2 FTE) 100% 70,000
TOTAL EMPLOYEE RELATED EXPENSE 105,000

CLIENT & PROGRAM SERVICES
FOOD/SODA/COFFEE 150,000
CLIENT UTILITIES-HOUSING PLACEMENT 5,000
TRANSPORTATION 5,000
CLIENT SUPPORT/EMPLOYMENT SERVICES 5,000
TOTAL CLIENT & PROGRAM SERVICES 165,000
TOTAL EXPENSES 270,000

Page 1 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

3. Definitions
The following HHAP program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) — (q):

A. "COUNTY" means San Joaquin County.

B. "SUBRECIPIENT" means a nonprofit, public agency or a for-profit entity.

C. "Continuum of care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.

Page 2 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

E. "Council" means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.

F. "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801.

G. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.

K. "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all the core components listed therein.

L. "Navigation center" means a Housing First, low -barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides

Page 3 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____
temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

M. "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.

A. Rental assistance and rapid rehousing.

B. Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.

C. Street outreach to assist persons experiencing homelessness to access permanent housing and services.

D. Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.

F. Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions.

G. Prevention and shelter diversion to permanent housing.

H. New navigation centers and emergency shelters based on demonstrated need.

Demonstrated need for purposes of this paragraph shall be based on the following:

i. The number of available shelter beds in the city, county, or region served by a continuum of care.

ii. The number of people experiencing unsheltered homelessness in the homeless point-in-time count.

iii. Shelter vacancy rate in the summer and winter months.

iv. Percentage of exits from emergency shelters to permanent housing solutions.

v. A plan to connect residents to permanent housing.

Page 4 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

I. Improvements to existing emergency shelters to lower barriers and increase privacy.

Page 5 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____
J.

The Representatives during the term of this Agreement will be:

GRANTEE SUBRECIPIENT
ENTITY: San Joaquin County City of Lodi
SECTION/UNIT: Neighborhood Preservation
Address: 16988 S. Harlan Rd
Lathrop, CA 95330
221 W Pine Street
Lodi, CA 95241

CONTRACT
COORDINATOR: Nancy Perez Jennifer Rhyne
PHONE NUMBER: 209-468-3139 209-269-4519
EMAIL ADDRESS: [email protected] [email protected]

6. Effective Date, Term of Agreement, and Deadlines

A. This AGREEMENT is effec tive upon approval by the COUNTY (indicated by the signature provided by the COUNTY in the lower left section of page one, when signed by all parties.

B. Full Expenditure of the FUNDS

i. All FUNDS (100 percent) must be expended by June 30, 2026. Any FUNDS not expended by that date shall revert to the State General Fund.

Page 6 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT A
Authority, Purpose and Scope of Work

Subrecipient Initials____

7. Special Conditions
The COUNTY reserves the right to add any special conditions to this AGREEMENT it deems necessary to ensure that the goals of the Program are achieved.

Page 7 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT B
Budget Detail and Payment Provisions

Subrecipient Initials____

Failure to obtain written approval from the COUNTY’S Contract Coordinator or his/her designee as required by this section may be considered a breach of this AGREEMENT.

2. General Conditions Prior to Disbursement
The SUBRECIPIENT must submit the signed AGREEMENT, and initialed Exhibits A through D.

3. Disbursement of Funds
The FUNDS will be disbursed to the SUBRECIPIENT upon receipt, review and approval of the completed AGREEMENT.

The COUNTY agrees to distribute to the SUBRECIPIENT the total sum of the FUNDS over the term of this agreement on a reimbursement basis.

4. Reimbursement
The FUNDS should not generally be obligated or expended prior to the effective date of this Agreement.

A. Reimbursement is not permitted for activities occurring prior to September 7, 2021.

B. Reimbursement shall not supplant existing local funds for homeless housing, assistance, or prevention.

Page 8 of 17 ends

HHAP ROUND 3 SUBRECIPIENT AGREEMENT

EXHIBIT B
Budget Detail and Payment Provisions

Subrecipient Initials____

C. Approval from the COUNTY must be obtained prior to obtaining reimbursement.

The COUNTY, at its sole and absolute discretion, shall make the final determination re garding the allowability of the FUNDS expenditures.

The FUNDS shall not be used to supplant existing local funds for homeless housing, assistance, or prevention.

Page 9 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

1. Termination and Sufficiency of Funds

3. Reporting/Audits

Page 10 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____
FUNDS broken out by eligible uses listed, includi ng the current status of those FUNDS , as well as any additional information the agency deems appropriate or necessary.

The COUNTY may require additional supplemental reporting wi th written notice to the SUBRECIPIENT.

A. If a finan cial audit is required by the COUNTY, the audit shall be performed by an independent certified public accountant.

C. The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.

D. If there are audit findings, the SUBRECIPIENT must submit a detailed respon se acceptable to the COUNTY for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records

B. Record Retention
The SUBRECIPIENT further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this AGREEMENT.

Page 11 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Page 12 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

6. Breach and Remedies

C. All remedies available to the COUNTY are cumulative and not exclusive.

D. The COUNTY may gi ve written notice to the SUBRECIPIENT to cure the breach or violation within a period of not less than 15 days.

Page 13 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

Code, SS 1 1135 - 11 139.5).

SUBRECIPIENT and its sub- subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

10. Drug-Free Workplace Certification

Page 14 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

A. Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees or sub-subrecipients about all of the following:

B. Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or sub-subrecipient that works under this Agreement:

i. Will receive a copy of SUBRECIPIENT’s drug-free policy statement, and ii. Will agree to abide by terms of the COUNTY’S condition of employment or subcontract.

11. Child Support Compliance Act

For any AGREEMENT in excess of $100,000, the SUBRECIPIENT acknowledges in accordance with Public Contract Code 7110, that:

12. Special Conditions — SUBRECIPIENT/SUB-SUBRECIPIENT

A. The agreement between the SUBRECIPIENT and any sub-subrecipient shall require the SUBRECIPIENT and its sub-subrecipient, if any, to:

i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.

Page 15 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____

ii. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it.

iv. Agree to include all the terms of this AGREEMENT in each subcontract.

14. Inspections

15. Litigation

Page 16 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT C
Terms and Conditions

Subrecipient Initials____
AGREEMENT shall remain in full force and effect. Therefore, the provisions of this AGREEMENT are and shall be deemed severable.

Stockton Shelter

Page 17 of 17 ends

HHAP ROUND 2 SUBRECIPIENT AGREEMENT

EXHIBIT D
Special Terms and Conditions

Subrecipient Initials____

A. If SUBRECIPIENT is a victim service provider it shall establish and operate a comparable database to HMIS that complies with HUD standards.

B. The SUBRECIPIENT shall comply with policies and procedures set forth in the SJCoC HMIS Manual, and the COUNTY’s HMIS Privacy, Security, and Data Quality Plans.

COUNTY HHAP 3 BUDGET FY 2023-2025

EXPENSES NOTE

CLIENT & PROGRAM SERVICES
COUNSELING/SUPPORT SERVICES 8,537.07
This will be for direct to client
services contracted through a
non-profit. Will not include an
FTE
HOUSING DEPOSIT 15,000.00
RENTAL ASSISTANCE 10,000.00
UTILITY PAYMENTS 5,000.00
TOTAL CLIENT & PROGRAM SERVICES 38,537.07
RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING AND

APPROPRIATING THE CALIFORNIA HOMELESS COORDINATING AND

FINANCING COUNCIL (HCFC), AND THE BUSINESS, CONSUMER SERVICES

AND HOUSING AGENCY (BCSH) HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP) ROUND 3 GRANT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2020 HHAP PROGRAM – ROUND 3

SUBRECIPIENT AGREEMENTS
========================================================================

WHEREAS, the State of California Homeless Coordinating and Financing Council (HCFC), and the Business, Consumer Services and Housing Agency (BCSH) has made available approximately $650 million in Homeless, Housing Assistance and Prevention Program (HHAP) funding. The HHAP program was established under Assembly Bill 101 (Chapter 159, Statutes of 2019), and signed into law by Governor Gavin Newsom on July 31, 2019; and

WHEREAS, the Multi-Jurisdiction Agencies of San Joaquin Continuum of Care (SJCoC), City of Stockton, and San Joaquin County have rec eived a combined allocation of HHAP funds of $15,506,341 for Round 3; and

WHEREAS, on June 9, 2022, the San Joaquin Continuum of Care Board of Directors adopted local funding priorities for HHAP Round 3 following an extensive process of community- wide engagement and consensus building; and

WHEREAS, the SJCoC issued a Notice of Funding Availability (NOFA) for HHAP funds Round 3 for which the City of Lodi applied for Access Center Shelter operations and prevention/diversion services; and

WHEREAS, SJCoC app roved HHAP Round 3 funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Multi-Jurisdiction agency and HHAP grant recipients; and

WHEREAS, the City was awarded $5 78,537.07 of HHAP Grant funds for the Access Center operations and a small portion for prevention/diversion services.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby a ccept and appropriate the California HCFC, and the BCSH HHAP Round 3 Grant, in the amount of $578,537.07 to Revenue account 35500000.56005 and E xpense account 35599000.77020 (project strings: ARPA-22001.Contracts.HHAP3.CountyOP ($270,000), ARPA-22001.Contracts.

HHAP3.CoCOP ($270,000), and ARPA-22001.Contracts.HHAP3.CoCPR (38,537.07); and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby a uthorize t he City Manager to execute the three 2020 HHAP Program – Round 3 Subrecipient Agreements; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Counc il Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: October 18, 2023
========================================================================

I hereby certi fy that Resolution No. 202 3-_____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 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-23

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Andrew C. Keys, Interim City Manager
AGENDA TITLE: Adopt Resolution Authorizing Chief of Police to Accept Grant and Execute Contract Administered by the Department of Alcoholic Beverage Control and Appropriate Funds ($46,105)
M
EETING DATE: October 18, 2023
P
REPARED BY: Chief of Police
RE
COMMENDED ACTION: Adopt resolution authorizing Chief of Police to accept grant and execute contract administered by the Department of Alcoholic Beverage Control and appropriate funds in the amount of $46,105.

B
ACKGROUND INFORMATION: The Department of Alcoholic Beverage Control (ABC) Grant Assistance Program solicited applications in April 2023 for alcohol-related enforcement and educational programs. On July 5th, the Lodi Police Department received an acceptance letter securing grant funds in the amount of $46,105 for operations from July 1, 2023, through June 30, 2024.

T
he ABC Grant Assistance Program is designed to assist law enforcement departments in educating licensees and the public about alcohol-related laws, reduce the amount of alcohol sold to individuals under the age of 21 by ABC licensees, and reduce crime and quality-of-life issues related to the sale and consumption of alcohol.

T
his year, the Lodi Police Department received an award to carry out “should tap” enforcement, “minor decoy” operations, other special event enforcement throughout the community, and educational funding and equipment. The grant process requires the City Council to authorize the acceptable funds and approve the proposed expenditures for the City of Lodi through this resolution.

ST
RATEGIC VISION:
7H. Public Safety: Address strategic safety problem areas in the community.

F
ISCAL IMPACT: $46,105 in revenue and expenses will be appropriated in the ABC Grant accounts.

Adopt Resolution Authorizing Chief of Police to Accept Grant and Execute Contract Administered by the Department of Alcoholic Beverage Control and Appropriate Funds ($46,105) October 18, 2023

Page 2 ends

FUNDING AVAILABLE: Funds in the amount of $46,105 be appropriated to accounts as follows:

ABC Grant $46,105.00 21900000.56401 Revenue
ABC Grant Overtime $46,105.00 21999000.71002 Expense

_______________________________________
Melissa Munoz
Accounting Manager

________________________________________
Sierra Brucia
Chief of Police

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

POLICE CHIEF TO ACCEPT GRANT AND EXECUTE CONTRACT

ADMINISTERED BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE
CONTROL; AND FURTHER APPROPRIATING FUNDS
=======================================================================

WHEREAS, the City of Lodi Police Department desires to undertake a certain project designated as Agreement Number 23-APP23 to be funded in part from funds made available through the Alcohol Policing Partnership Pro gram (APP) administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Police Chief to execute the contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto grant award on behalf of the City of Lodi to the Department of Alcoholic Beverage Control; and

BE IT FURTHER RESOLVED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability; and

BE IT FURTHER RESOLVED that this award is not subject to local hiring freezes; and

BE IT FURTHER RESOLVED tha t funds in the amount of $46,105 be appropriated for the grant as follows:

ABC Grant $46,105 21900000.56401 Revenue
ABC Grant Overtime $46,105 21999000.71002 Expense

Dated: October 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 October 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-24

COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Andrew Keys, Interim City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2023\CC Transit Station Repair Approp A.docx 10/2/2023 AGENDA TITLE: Adopt Resolution Appropriating Funds for the Transit Station Building Exterior Repair Project ($150,000)
MEET
ING DATE: October 18, 2023
PRE
PARED BY: Public Works Director
RECO
MMENDED ACTION: Adopt resolution authorizing appropriation for the Transit Station Building Exterior Repair project, in the amount of $150,000.

BACKGROUND INFORMATION: At i ts m ee ting on April 5 , 2023 , C ity C ouncil adopt ed a r esolution authorizing the execution of Change Order No. 2 in the amount of $102,030 for the Transit Station Building Exterior Repair project. The change order was necessa ry t o address exterior repairs t hat were not ant icipated, but found during the work. While staff requested the ch ange order approval, t he budget appropriation request was inadvertently omitted . T his appropriation is needed to cover the current and additional work required beyond the current known items.

Staff recommends authorizing appropriation for the Transit Station Building Exterior Repair project, in the amount of $150,000.

STRATEGIC VISION: Not applicable.

FISCAL IMPACT: This project does not impact the General Fund.

FUNDING AVAILABLE: Requested Appropriation:

State of Good Repair Funds (60599000.77020) - $150,000
_______________________________________
Melissa Munoz
Accounting Manager
________________________________________
Cha rles E. Swimley, Jr.

Public Works Director
CES/RA/cd
#79
District Nos: Project Length Priority High
Section II
Expenditure Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
Contracts 36,512 $ 413,488 $ 150,000 $ 600,000$ Total Capital Costs 36,512 $ 413,488 $ 150,000 $ - $ - $ - $ - $ - $ 600,000$ Section III
Funding Source(s) Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
605- Prop 1B State of Good Repair 36,512 $ 413,488 $ 150,000 $ 600,000$ Total Project Financing 36,512 $ 413,488 $ 150,000 $ - $ - $ - $ - $ - $ 600,000$ Funding Sources/Methods of Financing
Estimated Project Costs
Section I:Description
Capital Improvement Program ‐ Maintenance
Funding Sources: SGR and TDA
Additional Information
The dry rot is worsening over time and the City is required to keep its transit facilities in a "state of good repair." Through the use of Proposition 1B State of Good Repair (SGR) funds, this is an ideal project that meets the SGR goals of repair and rehabilitation to existing infrastructure.

Justification/factor driving project
The Lodi Transit Station is experiencing severe structural damage in the form of dry rot as a result of extreme weather conditions over the last several years. This project will provide for the reconstruction of the dry rot areas and improve the integrity and aesthetics of the building.

Munis Project Code:

FY 2023‐2024
Maintenance Project Title: Transit Stn Structural Repairs PWTR ‐20002 RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL

APPROPRIATING FUNDS TRANSIT STATION

BUILDING EXTERIOR REPAIR PROJECT

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

WHEREAS, at its meeting on April 5, 2023, City Council adopted a resolution authorizing the execution of Change Order No. 2 in the amount of $102,030 for the Transit Station Building Exterior Repair project; and

WHEREAS, the change order was necessary to address exterior repairs that were not anticipated but found during the work , and while staff requested the change order approval, the budget appropriation request was inadvertently omitted; and

WHEREAS, staff recommends appropriating funds in the amount of $ 150,000 to the State of Good Repair Funds (60599000.77020).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $150,000 to the State of Good Repair Funds (60599000.77020); and

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM C-25

COUNCIL COMMUNICATION
APPROVED: ________________________________
Andrew Keys, Interim City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\HARNEY\Harney Lane Widening\C_Appro Fund Engineering.docx 10/4/2023 AGENDA TITLE: Adopt Resolution Appropriating Funds for Harney Lane Widening Project Engineering ($300,000) MEETING DATE: October 18, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt Resolution Appropriating Funds in the amount of $300,000 for Harney Lane Widening Project Engineering.

BACKGROUND INFORMATION: The 2010 General Plan designates Harney Lane as a four -lane expressway between Lower Sacramento Road and State Route 99. West of Lower Sacramento Road to the city limits, Harney Lane is generally designated to be a four-lane minor arterial.

The City Council adopted the Harney Lane Specific plan on December 21, 2011 to guide the development of Harney Lane in conformance with the General Plan. Recent developments at Reynolds Ranch and the Southwest Gateway have generated significant traffic which impacted the level of service on Harney Lane, especially during peak hour travel time. Although the City has constructed the overpass at the Union Pacific Rail Crossing in 2018, the section between Hutchins Street and Lower Sacramento Road remains an undivided 2 lane road.

In anticipating continued growth along the Harney Lane corridor, staff proposes to initiate the design of the roadway widening project in conformance with the Harney Lane Specific Plan. The initial design phase includes Harney Lane from Hutchins Street to Lower Sacramento Road, which includes surveying, engineering studies, an environmental assessment, land appraisal service, and other related services. The project is expected to be funded by the combination of development impact mitigation fee and regional transportation impact fee.

Staff recommends the appropriation in the amount of $300,000 to fund the initial design phase of the Harney Lane widening project.

STRATEGIC VISION:
5D. Infrastructure: Ensure capacity for future growth.

FISCAL IMPACT: Funding for this project will not impact the general fund.

FUNDING AVAILABLE: Requested Appropriation:

Development Impact Mitigation Fee (30899000.77020) - $300,000 _______________________________
M
elissa Munoz
Accounting Manager
_______________________________
Ch
arles E. Swimley, Jr.

Public Works Director
Pr
epared by Lyman Chang, City Engineer/Deputy Public Works Director CES/LC/cd
cc: Public Works Management Analyst Senior Civil Engineer Senior Traffic Engineer Project Title: #178
District Nos: 5 Project Length 7/23-6/26 Priority
Expenditure Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
Contracts - $ 300,000 $ 5,000,000$ 5,300,000$ Internal Staff - $ 100,000 $ 400,000$ 500,000$ Total Capital Costs - $ - $ 400,000$ 5,400,000$ - $ -$ - $ - $ 5,800,000$ Funding Source(s) Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
314 - IMF Regional Transportation -$ 100,000 $ 5,400,000$ 5,500,000$ 308 - IMF Regional Streets 300,000 $ 300,000$
Total Project Financing -$ - $ 400,000$ 5,400,000$ - $ -$ - $ - $ 5,800,000$ Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
Capital Improvement Plan
FY 2023-2024
Additional Information
This project will increase the capacity of Harney Lane in anticipation of the development in the area.

Justification/factor driving project
Widen Harney Lane from Mills to Hutchins Street from 2 lanes to 4 lanes.

Harney Ln Widening Project PWST-24001Munis Project Code:

Section I: Description
RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL

APPROPRIATING FUNDS FOR HARNEY LANE

WIDENING PROJECT ENGINEERING
========================================================================

WHEREAS, the 2010 General Plan designates Harney Lane as a four -lane expressway between Lower Sacramento Road and State Route 99; and

WHEREAS, the City Council adopted the Harney Lane Specific plan on December 21, 2011 to guide the development of Harney Lane in conformance with the General Plan; and

WHEREAS, in anticipating continued growth along the Harney Lane corridor, staff proposes to initiate the design of the roadway widening project in conformance with the Harney Lane Specific Plan. The initial design phase includes Harney Lane from Hutchins Str eet to Lower Sacramento Road, which includes surveying, engineering studies, an environmental assessment, land appraisal service, and other related services; and

WHEREAS, staff recommends appropriating funds in the amount of $300,000 to the Development Impact Mitigation Fee (30899000.77020) for Harney Lane Widening Project Engineering.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby appropriate funds in the amount of $300,000 to the Development Impact Mitigation Fee (30899000.77020) for Harney Lane Widening Project Engineering; 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.

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM C-26

COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Andrew Keys, Interim City Manager
\\CVCFILV02\PubWks$\WP\TRAFFIC\CCYield to Stop.doc.docx 10/2/2023 AGENDA TITLE: Adopt Resolution Authorizing Public Works Director to Amend Traffic Resolution No. 97- 148, by Approving Stop Sign Replacement at Various Yield-Controlled Intersections Throughout the City ($6,000)
MEET
ING DATE: October 18, 2023
PRE
PARED BY: Public Works Director
RECO
MMENDED ACTION: Adopt Resolution Authorizing Public Works Director to Amend Traffic Resolution No. 97-148, by Approving Stop Sign Replacement at Various Yield-Controlled Intersections Throughout the City
BA
CKGROUND INFORMATION: Traffic control devices, including signs, striping and pavement markings, on City streets are designed, installed and maintained in accordance with the California Manual on Uniform Traffic Control Devices (CA-MUTCD).

CA-MUTCD identifies certain sets of criteria for yield and stop sign installation so that there is uniformity in the use throughout the state.

In
the past months, Public Works staff and the Lodi Police Department, have received stop sign requests at several existing yield-controlled intersections. During the 2022 Annual Intersection Study List evaluation, several yield-controlled intersections met the two-way stop control criteria. Due to persistent collisions caused by drivers failing to yield at the yield-controlled intersections, Lodi Police Department and Public Works are recommending the stop sign replacements at various locations.

The
re are over 50 yield-controlled intersections citywide (Exhibit A). The locations of the initial replacements are on local residential streets . Staff intends to initially implement the modifications on the f ollowing intersections:

Par
k Street and School Street
Park Street and Pleasant Avenue
Park Street and Lee Avenue
Tamarack Drive and School Street
Sycamore Street and Pleasant Avenue
Sierra Vista Place and Pleasant Avenue
The
remaining intersections will be implemented as budget and resources permit.

St
aff recommends Council adopt a resolution authorizing Public Works Director to amend Traffic Resolution No. 97-148, by approving stop sign replacement at various yield-controlled intersections throughout the city.

Adopt Resolution Authorizing Public Works Director to Amend Traffic Resolution No. 97-148 by Approving Stop Sign replacement at Various Yield- Controlled Intersections Throughout the City
October 18, 2023

Page 2 ends

STRATEGIC VISION:

5. Infrastructure: Develop and maintain a robust infrastructure to support a World class city F
ISCAL IMPACT:

F
UNDING AVAILABLE:

Minimal Fiscal Impacts. This project will not impact the General Fund.

Street Maintenance – Special Department Materials (30156002):
$6,000 signage and pavement markings installation cost
_______________________________________
Melissa Munoz
Accounting Manager
________________________________________
Ch arles E. Swimley, Jr.

Public Works Director
P
repared by Dorothy Kam, Senior Traffic Engineer
CES/DK
Attachment
c
c: Deputy Public Works Director/City Engineer
Senior Civil Engineer, Billigmeier
Engineering Technician, Mangrich
Utility Manager
Police Chief
µ
0 1,100 2,200550
Feet
Proposed Stop Sign Replacement at
Yield-Controlled Intersections
Mills Av.

Hutchins St.

Kettleman
Ln.

Lockeford
St.

Century
Blvd.

Guild Av.

Vine St.

Church St.

Pine St.

Harney Ln.

Cherokee Ln.

Stockton St.

Low
er Sacram
ento Rd.

Ham
Ln.

Turner Rd.

Lodi Av.

Proposed Stop Sign Location
LEGEND
RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO AMEND TRAFFIC RESOLUTION NO. 97-148

BY APPROVING STOP SIGN REPLACEMENT AT VARIOUS

YIELD-CONTROLLED INTERSECTIONS THROUGHOUT THE CITY
========================================================================

WHEREAS, traffic control devices, including signs, striping and pavement markings, on City streets are designed, installed and maintained in accordance with the California Manual on Uniform Traffic Control Devices (CA-MUTCD); and

WHEREAS, in the past months, Public Works staff and the Lodi Police Department have received stop sign requests at several existing yield-controlled intersections; and

WHEREAS, d ue to persistent collisions caused by driv ers failing to yield at the yield- controlled intersections, Lodi Police Department and Public Works are recommending the stop sign replacements at various locations; and

WHEREAS, staff recommends authorizing the Public Works Director to amend Traffic Resolution No. 97 -148 by approving stop sign replacement at various yield- controlled intersections throughout the City.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Public Works Director to amend Traffic Resolution No. 97 -148 by approving stop sign replacement at various yield-controlled intersections throughout the City; and

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

OLIVIA NASHED
City Clerk

2023-____
AGENDA ITEM C-27

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Andrew Keys, Interim City Manager
AGENDA TITLE: Adopt Resolution Authorizing Energy Efficiency Financing Program (EEFP) Loan to Pearl Crop Inc. and Further Authorizing Loan Payment Check Issuance to Pacific Energy Concepts, LLC ($50,000)
M
EETING DATE: October 18, 2023
P
REPARED BY: Electric Utility Director
RE
COMMENDED ACTION: Adopt a resolution authorizing an Energy Efficiency Financing Program (EEFP) loan to Pearl Crop, Inc. and further authorizing the loan pay ment check issuance to Pacific Energy Concepts, LLC in the amount of $50,000.

B
ACKGROUND INFORMATION: Originally established in 2011, the EEFP is an economic development tool that allows commercial and industrial customers of Lodi Electric Utility (LEU) the opportunity to obtain a zero percent interest loan for the purchase and installation of eligible equipment designed to achieve certifiable energy savings. The loan payment can be for an amount up to $150,000 and is payable in 24 equal installments, after rebate, and included on the customer’s monthly utility bill.

L
EU’s energy efficiency advisor and third-party administrator, Efficiency Services Group, has certified the installed lighting equipment as eligible, reviewed the purchase order, and has approved the rebate of $56,658.57 which has decreased the total cost of the project from $106,658.57 to the loan amount of $50,000.

Energy efficiency rebates and EEFP loans are funded through LEU’s Public Benefits Program.

P
ursuant to the loan application completed and signed by Pearl Crop, Inc., the customer has authorized the loan payment check be issued to their contractor, Pacific Energy Concepts, LLC.

ST
RATEGIC VISION:
2A. Economic Development: Develop long-term economic development strategy.

F
ISCAL IMPACT: Total loan amount of $50,000.

F
UNDING AVAILABLE: Public Benefits Fund Account No. 50465100.72920. ________________________________________

M elissa Munoz
Accounting Manager
Adopt resolution authorizing an Energy Efficiency Financing Program loan to Pearl Crop, Inc. for eligible upgraded energy efficient equipment in the amount of $50,000 and further authorizing the loan payment check be made payable to the contractor Pacific Energy Concepts, LLC

________________________________________
Jeff Berkheimer
Electric Utility Director

Prepared by: Astrida Trupovnieks, Business Development Manager

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING ENERGY EFFICIENCY FINANCING PROGRAM LOAN TO PEARL CROP, INC.; AND

FURTHER AUTHORIZING LOAN PAYMENT CHECK ISSUANCE TO

PACIFIC ENERGY CONCEPTS, LLC
========================================================================

WHEREAS, Lodi Electric Utility (LEU) launched the Energy Efficiency Financing Program (EEFP) in 2011. T he EEFP is funded by the LEU Public Benefits Fund and is designed as an economic development tool to finance energy efficiency projects; and

WHEREAS, LEU offers its commercial and industrial customers the EEFP to allow customers the opportunity to achieve energy savings while improving cost efficiencies . T he EEFP offers zero percent interest financing for eligible equipment purchases and installation up to $150,000 to be paid back to LEU in 24 equal installment s on a customer’s monthly utility bill; and

WHEREAS, LEU’s third-party contractor, Efficiency Services Group, has certified the installed lighting equipment as eligible, reviewed the purchase order, and approved a rebate in the amount of $56,658.57, which has decreased the total cost of the project from $106,658.57 to the loan amount of $50,000; and

WHEREAS, the EEFP loan application allows the LEU customer to certify the loan payment check be made payable to the customer’s contractor. The applicant, Pearl Crop, Inc. , has certified the loan payment check be made payable to their contractor, Pacific Energy Concepts, LLC.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize an Energy Efficiency Financing Program loan to Pearl Crop, Inc. , in the amount of $50,000; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the EEFP loan payment check to be issued and made payable to Pearl Crop, Inc.’s contractor, Pacific Energy Concepts, LLC; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: October 18, 2023
========================================================================

I hereby cer tify that Resolution No. 2023-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 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-28

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Andrew C. Keys, Interim City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Enter into a Purchase and Sale Agreement for the Acquisition of Assessor’s Parcel Number 058-650-150, Located on Harney Lane between the Current Costco and Highway 99 from Diede Farms, LLC of Lodi, for $2.8 million for the Future Construction of the Harney Lane and Highway 99 Interchange and Appropriate Funds ($2,800,000)
M
EETING DATE: October 18, 2023
P
REPARED BY: Interim City Manager
RECOMMENDED ACTION: Adopt a Resolution Authorizing the City Manager to enter into a purchase and sale agreement for the acquisition of Assessor’s Parcel Number 058- 650-150, located on Harney Lane between the current Costco and Highway 99 (“Property”) from Diede Farms, LLC of Lodi (“Diede”), for $2.8 million for the future construction of the Harney Lane and Highway 99 interchange and appropriate funds ($2,800,000).

B
ACKGROUND INFORMATION: The City of Lodi and Caltrans have had long range plans to reconstruct the interchange on Highway 99 and Harney Lane. The proposed interchange design requires the acquisition of the property between Costco and Highway 99 to construct the new onramp. Diede acquired the property and began design work for a storage facility at the location. City staff approached Diede to discuss the potential for acquiring the property prior to the construction of the project, recognizing that a fully developed and operating storage facility would make the long term interchange project far more expensive to acquire the property and ultimately construct the onramp. Diede indicated a willingness to sell the property for their acquisition price, carrying costs and planning costs. Staff then obtained direction from Council in closed session on whether to enter negotiations.

Diede provided evidence of their acquisition price and other costs to staff showing costs in excess of $3 million and the parties ultimately settled on a purchase price of $2.8 million. A copy of the proposed Purchase and Sale Agreement is attached as Exhibit A, and Staff is recommending Council authorize the Interim City Manager to enter into the Agreement with Diede.

ST
RATEGIC VISION:
5E. Infrastructure: Proactive infrastructure development for Sphere of influence & growth areas.

F
ISCAL IMPACT: Purchase and sale agreement not to exceed $2.8 million. This project does not impact the General Fund.

F
UNDING AVAILABLE: Funding for this purchase comes from fund balance and a combination of the Fiscal Year 2023/24 Operating and Capital Budget.

Requested appropriation (30299000.77020 – Acquisition) $2,800,000.

_______________________________________
Melissa Munoz
Accounting Manager

________________________________________
Andrew C. Keys
Interim City Manager

EXHIBIT A

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO ENTER INTO A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF ASSESSOR’S PARCEL NUMBER 058-650-150,

LOCATED ON HARNEY LANE BETWEEN THE CURRENT COSTCO AND
HIGHWAY 99, FROM DIEDE FARMS, LLC, OF LODI, FOR THE FUTURE CONSTRUCTION OF THE HARNEY LANE AND HIGHWAY 99
INTERCHANGE; AND FURTHER APPROPRIATING FUNDS
========================================================================

WHEREAS, City Council previously directed City staff to negotiate a purchase and sale agreement with Diede Farms, LLC, for the acquisition of Assessor’s Parcel Number 058-650-150, located on Harney Lane between the current Costco and Highway 99 (the “Parcel”); and

WHEREAS, the City of Lodi and Caltrans have had long -range plans to reconstruct the interchange on Highway 99 and Harney Lane at the Parcel; and

WHEREAS, acquiring the Parcel at this time will limit the City’s future financial exposure prior to construction of a fully-developed and operating storage facility and will ultimately reduce the long-term interchange project costs; and

WHEREAS, funding for this purchase comes from fund balance and a combination of the Fiscal Year 2023/24 Operating and Capital Budget.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Purchase and Sale Agreement with Diede Farms, LLC, a California Limited Liability Company , for the acquisition of A ssessor’s Parcel Number 058-650-150 for the total purchase amount of $2,800,000; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds for the purchase in the amount of $2,800,000 in the Streets Fund (30299000.77020 – Capital Projects); and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: October 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 October 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-29

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Appoint Elijah Plath, Zoe Bertsch, Shaun Spencer, and Eliza Litton to the Greater Lodi Area Youth Commission; Brittany Lampson and Brittany Jomaoas as Greater Lodi Area Youth Commission Adult Advisors; Michael Carouba and Bret Erickson to the Parks and Recreation Commission; Cathy Metcalf and Magdalena Saldana to the Lodi Arts Commission; Lynsay Nuss to the Lodi Improvement Committee; Scott Hamilton to the Site Plan and Architectural Review Committee; and Joseph Woelfel, Rita Cannon, and Lauren Young to the Lodi Senior Citizens Commission; Repost for One Vacancy on the Parks and Recreation Commission and One Vacancy on the Lodi Arts Commission; and Post for Two Expiring Terms on the Site Plan and Architectural Review Committee and Two Expiring Terms on the Lodi Senior Citizens Commission M
EETING DATE: October 18, 2023
PRE
PARED BY: City Clerk
RE
COMMENDED ACTION: Appoint Elijah Plath, Zoe Bertsch, Shaun Spencer, and Eliza Litton to the Greater Lodi Area Youth Commission; Brittany Lampson and Brittany Jomaoas as Greater Lodi Area Youth Commission Adult Advisors; Michael Carouba and Bret Erickson to the Parks and Recreation Commission; Cathy Metcalf and Magdalena Saldana to the Lodi Arts Commission; Lynsay Nuss to the Lodi Improvement Committee; Scott Hamilton to the Site Plan and Architectural Review Committee; and Joseph Woelfel, Rita Cannon, and Lauren Young to the Lodi Senior Citizens Commission; repost for one vacancy on the Parks and Recreation Commission and one vacancy on the Lodi Arts Commission; and post for two expiring terms on the Site Plan and Architectural Review Committee and two expiring terms on the Lodi Senior Citizens Commission.

B
ACKGROUND INFORMATION: On October 20, 2021 and December 1, 2021, City Council directed the City Clerk to post for two vacancies on the Lodi Senior Citizens Commission.

On October 19, 2022, City Council directed the City Clerk to post for one expiring term on the Lodi Senior Citizens Commission. On January 4, 2023 and April 5, 2023, City Council directed the City Clerk to post for one vacancy on the Site Plan and Architectural Review Committee. On March 1, 2023, the City Council directed the City Clerk to post for four vacancies on the Greater Lodi Area Youth Commission, one expiring term for adult advisor for the Greater Lodi Area Youth Commission, three expiring terms on the Parks and Recreation Commission, three expiring terms on the Lodi Arts Commission, and one expiring term on the Lodi Improvement Committee. On April 19, 2023, the City Council directed the City Clerk to post for one vacancy for adult advisor for the Greater Lodi Area Youth Commission.

T
he Mayor reviewed the applications, conducted interviews, and recommends the City Council concur with the appointment as detailed below.

Appoint Elijah Plath, Zoe Bertsch, Shaun Spencer, and Eliza Litton to the Greater Lodi Area Youth Commission; Brittany Lampson and Brittany Jomaoas as Greater Lodi Area Youth Commission Adult Advisors; Michael Carouba and Bret Erickson to the Parks and Recreation Commission; Cathy Metcalf and Magdalena Saldana to the Lodi Arts Commission; Lynsay Nuss to the Lodi Improvement Committee; Scott Hamilton to the Site Plan and Architectural Review Committee; and Joseph Woelfel, Rita Cannon, and Lauren Young to the Lodi Senior Citizens Commission; Repost for One Vacancy on the Parks and Recreation Commission and One Vacancy on the Lodi Arts Commission; and Post for Two Expiring Terms on the Site Plan and Architectural Review Committee and Two Expiring Terms on the Lodi Senior Citizens Commission
October 18, 2023
Page Two

There remains one vacancy on the Parks and Recreation Commission and one vacancy on the Lodi Arts Commission. Staff recommends reposting for these vacancies until filled. There are two expiring terms on the Site Plan and Architectural Review Committee and two expiring terms on the Lodi Senior Citizens Commission.

Staff recommends posting for these openings for the period of 30 days

Government Code Section 54970 et seq. requires that the City Clerk post for vacancies to allow citizens interested in serving to submit an application.

APPOINTMENTS:

Greater Lodi Area Youth Commission (Student Members
Elijah Plath Term to expire May 31, 2025
Zoe Bertsch Term to expire May 31, 2025
Shaun Spencer Term to expire May 31, 2025
Eliza Litton Term to expire May 31, 2025

NOTE: 5 applicants (2 applications seeking reappointment, 3 applications on file, 0 new applications); posting ordered 3/1/23; application deadline: 4/3/23.

Greater Lodi Area Youth Commission (Adult Advisors)
Brittany Lampson Term to expire May 31, 2026
Brittany Jomaoas Term to expire May 31, 2026

NOTE: 2 applicants (1 application seeking reappointment, 1 application on file, 0 new applications); posting ordered 3/1/23 and 4/19/23; application deadline:
5/22/23.

Parks and Recreation Commission
Michael Carouba Term to expire June 30, 2027
Bret Erickson Term to expire June 30, 2027

NOTE: 3 applicants (2 applications seeking reappointment, 1 application on file, 0 new applications); posting ordered 3/11/23; application deadline: 4/3/23.

Lodi Arts Commission
Cathy Metcalf Term to expire July 1, 2026
Magdalena Saldana Term to expire July 1, 2026

NOTE: 2 applicants (1 application seeking reappointment, 1 application on file, 0 new applications); posting ordered 3/1/23; application deadline: 4/3/23.

Lodi Improvement Committee
Lynsay Nuss Term to expire March 1, 2026

NOTE: 5 applicants (1 application seeking reappointment, 3 applications on file, 1 new application); posting ordered 1/18/23 and 5/8/23; application deadline:
5/8/23.

Site Plan and Architectural Review Committee (SPARC)
Scott Hamilton Term to expire January 1, 2026

NOTE: 2 applicants (0 applications seeking reappointment, 1 application on file, 1 new application); posting ordered 1/18/23 and 5/8/23; application deadline:
5/8/23.

Lodi Senior Citizens Commission
Joseph Woelfel Term to expire December 31, 2026
Rita Cannon Term to expire December 31, 2025
Lauren Young Term to expire December 31, 2025

NOTE: 4 applicants (1 application seeking reappointment, 2 applications on file, 1 new application); posting ordered 10/20/21, 12/1/21 and 10/19/22; application deadline: open until filled.

POSTINGS:

Parks and Recreation Commission
William Mitchell Term to expire June 30, 2027

Lodi Arts Commission
Jesse Hanes Term to expire July 1, 2026

Site Plan and Architectural Review Committee
Trenton Diehl Term to expire January 1, 2024
Roger Stafford Term to expire January 1, 2024

Lodi Senior Citizens Commission
Marjory Schrenk Term to expire December 31, 2023
Teresa Whitmire Term to expire December 31, 2023

STRATEGIC PRIORITY ADDRESSED: Not applicable.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

_______________________________________
Olivia Nashed
City Clerk
AGENDA ITEM C-30

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Receive Report Regarding Communication Supporting North San Joaquin Water Conservation District Temporary Water Right Permit Application M
EETING DATE: October 18, 2023
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Receive report r egarding communication supporting North San Joaquin Water Conservation District Temporary Water Right Permit Application.

B
ACKGROUND INFORMATION: The City of Lodi received a request from the North San Joaquin Water Conservation District regarding a letter supporting a temporary application to divert high flow water in November 2023.

T
he North San Joaquin Water Conservation District is proposing a project to capture available high flows of the Mokelumne River for groundwater recharge during the month of November 2023. The City of Lodi strongly supports efforts in our region to increase water supply and sustainably manage the basin. The water would be applied to existing farmland in November 2023. The month of November is an ideal time for groundwater recharge, as it is typically less wet than winter months and the ground is permeable from the preceding summer months.

Let
ters were needed immediately, and due to this urgency, Mayor Hothi signed the letter of support on Wednesday, September 13. A copy of the letter is attached to this report.

ST
RATEGIC VISION: Not applicable.

F
ISCAL IMPACT: Not applicable.

F
UNDING AVAILABLE: Not applicable.
_______________________________________

Olivia Nashed
City Clerk

AGENDA ITEM C-31

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Andrew C. Keys, Interim City Manager
AGENDA TITLE: Accept Monthly Protocol Account Report through September 30, 2023 M
EETING DATE: October 18, 2023
P
REPARED BY: City Clerk
RE
COMMENDED ACTION: Accept Monthly Protocol Account Report through September 30, 2023.

B
ACKGROUND 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.

A
ttached please find the cumulative report through September 30, 2023.

ST
RATEGIC PRIORITY ADDRESSED: Not applicable.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________

Olivia Nashed
City Clerk
Attachments
\\cvcfilv01\administration$\Administration\CLERK\Budget\Finance\Misc\ProtocolSummary2023-24.doc Page 1

PROTOCOL ACCOUNT SUMMARY
FISCAL YEAR 2023-24
Cumulative Report through September 30, 2023

Date Vendor Description 0B Amount Balance
Starting Bal.
$6,500.00
7/24/23 Smart & Final Cookies/Water for Carnegie $37.37 $6,462.63 7/26/23 Cooks Printing Magnetic Sign – Interim City
Attorney
$26.40 $6,436.23
8/5/23 Fiori’s Butcher Shoppe Dinner for Closed Session $150.80 $6,285.43

Total
Expenditures:
($214.57)
Ending Bal.
$6,285.43
Prepared by: PMF
AGENDA ITEM C-32

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Andrew Keys, Interim City Manager
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute Amendment No. 2 to Professional Services Agreement with Avery and Associates for Executive Level Recruitments ($21,900 per Recruitment)
M
EETING DATE: October 18, 2023
P
REPARED BY: Human Resources Manager
RE
COMMENDED ACTION: Adopt resolution authorizing the City Manager to execute amendment no. 2 to professional services agreement with Avery and Associates for executive level recruitments ($21,900 per recruitment).

B
ACKGROUND INFORMATION: The City has entered into a Professional Services Agreement (PSA) with Avery and Associates to conduct executive level recruitments on behalf of the City as needed over the next 24 months.

Avery and Associates has been conducting executive recruiting for over 25 years and specializes in public sector placements. They have built a vast network of executive level candidates that enables them to expand their recruiting efforts outside of the typical recruitment conducted in-house. Avery has dedicated staff who actively contact their network of candidates and will conduct a thorough marketing and advertising campaign to find the best suited applicants for the City’s executive management team. Human Resources staff will continue to conduct recruitments for all other vacancies.

Avery will conduct recruitments on behalf of the City through direct contact with targeted candidates, market the position with various agencies, and advertise the opening in Western City and Jobs Available magazines as well as on-line publications. Avery and Associates will evaluate the candidates for suitability and will refer those who are most qualified to the City, saving the City time and effort in the recruitment process. Avery will also conduct references on the candidates and can facilitate background checks on behalf of the City. In addition, Avery offers a one-year guarantee on its search results.

Avery will provide a discounted rate to the City for multiple recruitments. Avery’s fees for each recruitment will be $21,900, including expenses.

S
TRATEGIC VISION: All
FI
SCAL IMPACT: The fee for Avery and Associates services is $21,900 per recruitment over the next 24 months. The number of recruitments is not certain at this time.

Executive recruitment expenses will be covered by existing appropriations made available by vacancy.

FUNDING AVAILABLE: Funding for potential future recruitments will be made available by the vacant executive level position within the department.

_______________________________________
Adele Post
Human Resources Manager

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 WILLIAM AVERY & ASSOCIATES, INC., A

CALIFORNIA CORPORATION, OF LOS GATOS, FOR THE RECRUITMENT OF

FUTURE POTENTIAL EXECUTIVE LEVEL VACANCIES
========================================================================

WHEREAS, executive level recruitments are labor intensive due to the limited qualified labor pool; and

WHEREAS, Avery & Associates, I nc., has an extensive track record of successfully recruiting for and placing executive level talent with the City of Lodi and other agencies in California, including building a network of available professionals they can directly notify of the openings in Lodi; and

WHEREAS, the long lead time typically required for executive level recruitments necessitates the City move as quickly as possible each time a vacancy occurs in order to minimize the impact of a vacancy on public service delivery and City operations.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to:

1.) Execute Amendment No. 2 to the Professional Services Agreement with William Avery & Associates, Inc., a California Corporation, of Los Gatos, C alifornia, extending the term for future potential executive level recruitments t hat may occur in the next twenty four months, in the amount of $21,900 per recruitment.

2.) Authorize William Avery & Associates, Inc. , to conduct as many executive recruitments on the City’s behalf as necessary to fill vacancies that may or may not occur over the next twenty four months.

Dated: October 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 October 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-33

COUNCIL COMMUNICATION
APPROVED: ________________________________
Andrew Keys, Interim City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\Demolition of Parks Structures (2024)\CSA.doc 10/2/2023 AGENDA TITLE: Approve Specifications and Authorize Advertisement for Bids for Demolition of Park Structures (2024)
MEETING DATE: October 18, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Approve specifications and authorize advertisement for bids for Demolition of Park Structures (2024)
BACKGROUND INFORMATION: This project consists of the demolition of various structures located at Lawrence Park, Grape Bowl and the Softball Complex that have been abandoned for many years. The work includes paving and seeding the areas where the structures will be removed, in addition to replacing adjacent uplifted sidewalk at Lawrence Park.

The r
estroom at Lawrence Park is no longer in service due to its age and continuous vandalism. The Grape Bowl parking lot has an old modular building that was used for after school programs until 2007. The City now uses Lodi Unified classrooms for after school programs , eliminating the need for the modular building . The Softball Complex has a concession stand and restroom building that has not been used since 2005 due to vandalism and not being ADA compliant. All of these structures are no longer utilized, impractical and costly to maintain, and are therefore planned for removal.

The specifications are on file in the Publ ic Works Department. The planned bid opening date is November 8, 2023. The contract estimate is $230,000.

STRATEGIC VISION:
5C. Infrastructure: Address deferred maintenance.

FISCAL IMPACT:

FUNDING AVAILABLE:

The project will decrease maintenance costs.

Parks
Capital Improvement Project #185 - Account 43299000.77020 _______________________________
Ch
arles E. Swimley, Jr.

Public Works Director
Prepared by Alice Bernardino, Associate Civil Engineer

CES/AB/CD
Attachments
cc: Steve Virrey, Parks Project Coordinator
AGENDA ITEM C-34

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Andrew Keys, Interim City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\LODILAKE\Culvert Replacement\CPSA-Award A.docx 10/11/2023 AGENDA TITLE: Approve Plans and Specifications and Authorize Advertisement for Bids for Lodi Lake Culvert Replacement, Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder ($300,000) and Execute Change Orders ($30,000) M
EETING DATE: October 18, 2023
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Approve plans and specifications and authorize advertisement for bids for Lodi Lake Culvert Replacement, adopt resolution authorizing City Manager to award Contract to lowest responsive bidder in an amount not-to-exceed $300,000, and execute change orders not-to-exceed $30,000.

B
ACKGROUND INFORMATION: The City of Lodi has had ownership of Lodi Lake since the mid-1930s. With ownership of an old facility comes maintenance of old infrastructure. This infrastructure includes a 48” diameter corrugated metal culvert (connection pipeline) between Lodi Lake and a small bypass water body within Lodi Lake Park. The culvert crosses the Lodi Lake Park access road, roughly halfway between the nature area parking lot and the RV parking area at the northeastern portion of the lake (see E xhibit A). While there are no records of when the culvert was originally installed, it appears to be at least 65 years old.

T
here is also a concrete headwall on each end of the culvert. The headwall provides a support for the edge of the access road that crosses the culvert, as well as providing end support and erosion protection for the culvert.

Currently there are broken portions of the headwall, and sections of the culvert that are missing (see Exhibit B).

Additionally, the northern concrete headwall is being supported by 2 different trees. Staff is concerned that the headwall and/or culvert will fail in the future, and therefore would cut-off access to the RV and Boat launch portions of the lake. Access would remain cut-off until the lake is empty again (which is typically only in February).

T
his project will be scheduled to replace the culvert and headwalls, during the month of February in 2024. This will minimize access impacts to the northern portion of Lodi Lake Park. The project will also remove the two trees that are impacting the northern headwall, and repave all of the asphalt necessary for the culvert replacement.

I
n addition to this project, staff is currently working on a larger Lodi Lake project (2024 Lodi Lake Improvement Project) that will reconstruct the south parking lot and the eastern access road (along with restroom and playground replacements). Replacing this culvert prior to this larger project is necessary to avoid bringing in large construction equipment on the newly reconstructed parking lot and access road.

T
he plans and specifications are on file in the Public Works Department. The planned bid opening date is November 15, 2023. The project estimate is $250,000. A breakdown of the bid results will be provided at the time the project is accepted.

Approve Plans and Specifications and Authorize Advertisement for Bids for Lodi Lake Culvert Replacement and Adopt Resolution Authorizing City Manager to Award Contract to Lowest Responsive Bidder ($300,000) and Execute Change Orders ($30,000) October 18, 2023

Page 2 ends

\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\LODILAKE\Culvert Replacement\CPSA-Award A.docx 10/11/2023 STRATEGIC VISION:
5C. Infrastructure: Address deferred maintenance.
6B. Parks: Expand, develop, and maintain Lodi Lake to meet or exceed industry standards.

F
ISCAL IMPACT: This project will have a minimal impact on total maintenance costs but will enhance the safety and reliability of the access to the northern portion of Lodi Lake. While the Culvert Replacement Project is estimated to be less than $330,000, the final Lodi Lake Southside Improvement Project (overall project) is currently estimated to be $3,500,000, which exceeds the current amount budgeted. Staff will request Council consider additional funding allocations or propose a reduction in scope of work if necessary upon receipt of bids for the overall project.

FUNDING AVAILABLE: Fiscal Year 2023/24 Budget:

Parks Capital (432) – PKCP-22008: $ 2,400,000
_______________________________

Melissa Munoz
Accounting Manager
_______________________________
Charles E. Swimley, Jr.

Public Works Director
P
repared by Sean Nathan, Senior Civil Engineer
CES/SN/cd
Attachments
c
c: Parks Project Coordinator Virrey
PRCS Director Jaromay
Exhibit A

Exhibit B

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING

CITY MANAGER TO AWARD CONTRACT FOR LODI LAKE

CULVERT REPLACEMENT TO LOWEST RESPONSIVE

BIDDER, EXECUTE CHANGE ORDERS

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

WHEREAS, the City of Lodi has had ownership of Lodi Lake since the mid-1930s; and

WHEREAS, there is a 48” diameter corrugated metal culvert (connection pipeline) between Lodi Lake and a small bypass water body within Lodi Lake Park and a concrete headwall on each end of the culvert that are broken and sections of the culvert are missing; and

WHEREAS, This project will be scheduled to replace the culvert and headwalls, during the month of February in 2024 which will minimize access impacts to t he northern portion of Lodi Lake Park; and

WHEREAS, staff recommends awarding contract for Lodi Lake Culvert Replacement to the lowest responsive bidder in an amount not-to-exceed $300,000 and execute Change Orders in an amount not-to-exceed $30,000; and

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award contract for Lodi Lake Culvert Replacement to the lowest responsive bidder in an amount not -to- exceed $300,000 and execute Change Orders in an amount not-to-exceed $30,000; and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the com pensation or term, and to make clerical corrections as necessary.

Dated: October 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 October 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-35

COUNCIL COMMUNICATION
APPROVED: ________________________________
Andrew Keys, Interim City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\ZupoField\Fire Restoration Project 2022\CC Appropriate Zupo-Grape Bowl Berm_AM Stephens Change Orders_CC_REVISED.docx 10/5/2023 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Additional Change Orders for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project with AM Stephens Construction, Inc. of Lodi , CA ($269,703); Additional Change Orders ($230,297); Appropriate Funds ($500,000); and Reallocating Funds from Grape Bowl Turf Project and Salas Park Parking Lot Savings
M
EETING DATE: October 18, 2023
P
REPARED BY: Public Works Director
RE
COMMENDED ACTION: Adopt resolution authoriz ing City Manager to execute additional change orders for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project with AM Stephens Construction, Inc. of Lodi, CA ($269,703); Additional Change Orders ($230,297); and Appropriate Funds ($500,000); and reallocating funds from Grape Bowl Turf Project and Salas Park Parking Lot savings.

B
ACKGROUND INFORMATION: Originally constructed in 1924 as Lawrence Park, the baseball field was dedicated as Tony Zupo Field in 1986. Tony Zupo Field was damaged by an arson fire in September 2019.

C
ouncil approved plans and specifications on February 1, 2023 and subsequently approved award on May 3, 2023 of the Grandstand Seating & Press Box Replacement Improvements (“Project”) , to AM Stephens Construction, Inc. of Lodi, CA. The Project includes new ADA compliant grandstands, dugouts, bullpens, and paths of travel to bring the facility to current Building and ADA Code Requirements.

A
s a result of the Atmospheric River Events in late 2022 and January 2023 the berm slope and roadway between the Grape Bowl and Zupo Field which provides emergency access to the Grape Bowl press box and grandstand area has become compromised. The berm slope requires stabilization shoring in order to keep the roadway from failing and the berm embankment from dropping into the newly renovated t hird base side of Zupo Field.

AM Stephens Construction, Inc. provided a cost proposal to conduct the repairs to approximately 250 lineal feet of the berm slope in the amount of $269,703 and are able to complete the work within their original contracted timeframe. There will be additional roadway surface and fence repairs required.

S
taff recommends City Manager execute the change order in the amount of $269,703 for the roadway stabilization shoring and additional change orders that may arise throughout the Project.

Fundi
ng for the requested appropriation is available from cost savings of the Grape Bowl Turf Replacement Project and the Salas Park Parking Overlay Project. Both projects were publicly bid and came in under the City Engineer’s estimate. Both projects have been substantially completed. There is enough remaining funding on the projects to ensure the completion.

Adopt Resolution Authorizing City Manager Execute Additional Change Orders for Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project to AM Stephens Construction, Inc., of Lodi, CA (269,703), and Appropriate Funds ($500,000) October 18, 2023

Page 2 ends

The requested $500,000 increase in the City Manager’s change order authority will be in addition to the originally approved amounts of $300,000 (May 3, 2023), for a total not -to-exceed change order authority amount of $800,000.

STRATEGIC VISION:
6C. Parks: Develop & maintain sports/recreational facilities for City & public use including an indoor sports facility.

FISCAL IMPACT: This Project replaces the fire damaged structures and brings the facility to current ADA code compliance thereby reducing City liability with improved accessibility. The Project meets Council’s goal to develop and maintain sports/recreational facilities for City and public use.

FUNDING AVAILABLE: Parks Capital Funding from project savings:

Grape Bowl Turf Replacement, PKCP-22003 $101,186
Salas Park Parking Overlay, PKCP-22009 $398,814

Requested Appropriation:

PKCP-2204 Contracts (43299000.77020) $500,000

_______________________________________
Melissa Munoz
Accounting Manager

________________________________________
Charles E. Swimley, Jr.

Public Works Director

________________________________________
Christina Jaromay
Parks, Recreation and Cultural Services Director

CJ/GRW/cd
Attachment
Cc: PRCS Analyst
PRCS Parks Superintendent
AM Stephens Construction, Inc.

Exhibit A

Project Title: #193
District Nos: 2 Project Length Priority High
Expenditure Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
Contracts 49,743$ 4,295,231$ 500,000$ 4,844,974$ Miscellaneous -$ 30,000$ 875,000$ 850,000$ 575,000$ 550,000$ 1,275,000$ 4,155,000$ Internal Staff -$ 250,000$ 30,000$ 30,000$ 30,000$ 30,000$ 60,000$ 430,000$ Miscellaneous 77,567$ 77,567$
Total Capital Costs 127,310$ 4,575,231$ 500,000$ 905,000$ 880,000$ 605,000$ 580,000$ 1,335,000$ 9,507,541$ Funding Source(s) Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
200 - Parks Operating 13,237$ 13,237$
432 - Parks&Rec Capital 49,743$ 3,552,791$ 500,000$ 905,000$ 880,000$ 605,000$ 580,000$ 1,335,000$ 8,407,534$ 660 - General Liability 64,330$ 1,022,440$ 1,086,770$ Total Project Financing 127,310$ 4,575,231$ 500,000$ 905,000$ 880,000$ 605,000$ 580,000$ 1,335,000$ 9,507,541$ Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
Capital Improvement Plan
FY 2023-2024
Phase 1--#15 (conceptual plan)-Construct new bullpen areas at the end of the new dugouts, Phase 1--16 (conceptual plan) Replace out of play baseline chain link fencing on on 1st and 3rd base sides (In total #15 and #16 cost $105,000 *misc-currently looking at funding through donations pushed out to FY 2023) --Future Phases include Phase 2 ($900K-$1.2 mill), Phase 3 ($550K-$650K), Phase 4 ($600K-$700K), Phase 5 ($450K to $525K), Phase 6 ($325K-$400K), and Phase 7 ($280K-$320K) *calling all future phases Miscellaneous (see attachment for Phase 2-7 details).

Reso 2023-88 add $2,447,534, council meeting 5/3/23
8/30/2023: Requesting to add $500,000 to City Manager's Change Order Authority; appropriate funds from project savings 1) Grape Bowl Turf Replacement PKCP-22003 $101,186 and 2) Salas Park Parking Lot Overlay PKCP-22009 $398,814; tentative council meeting in October 2023 Additional Information
On Sept. 16, 2020 at the regular city council meeting, staff updated council members on Tony Zupo Field regarding insurance settlement projects, ADA compliance and building code requirements related to the arson fire that destroyed the main grandstand area, storage room space and press box. Based off of that meeting the consensus was to restore Tony Zupo Field up to current building code requirements.

Justification/factor driving project
Repair and restore the grandstand, press box, storage rooms, backstop, underground infrastructure, and path of travel needs all of which are insurance items most of which will be coverd by the insurance policy. Additional construction not covered by the insurance deductible includes: Washington Street improvements, storm water and pavement, construction of new bull pen areas at the ends of the new proposed accessible dugouts, replacement of out of play baseline chain link fencing on the first and third base sides, underground utilities (storm, electrical, water and sewer) and miscellaneoous concrete flat work.

Tony Zupo Field PKCP-22004Munis Project Code:

Section I: Description
Project Title: #192
District Nos: 2 Project Length Priority High
Expenditure Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
Contracts - $ 349,002$ (101,186)$ 247,816$ Internal Staff - $ 25,000$ 25,000$ -$ -$
-$ -$
-$ -$
Total Capital Costs - $ 374,002$ (101,186)$ - $ - $ - $ - $ - $ 272,816$ Funding Source(s) Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 27/28 Future Yrs Total
432 - Parks&Rec Capital - $ 374,002$ (101,186)$ 272,816$ -$ -$
-$ -$
-$ -$
Total Project Financing -$ 374,002$ (101,186)$ - $ - $ - $ - $ - $ 272,816$ Section II: Estimated Project Costs
Section III: Funding Sources/Methods of Financing
Capital Improvement Plan
FY 2023-2024
The field will not be able to be used if this turf is not replaced timely.

Update 8/30/2023: project savings shall be allocated to Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project in the amount of $101,186 -cj Additional Information
In August of 2019 staff had a Field Turf representative perform a field inspection on the existing turf that was installed in 2009/2010. During that inspection by the Field Turf rep, he determined that due to the increased play of athletic events on the playing surface the Field Turf and the Brock drainage panels should be replaced in 3 to 4 years. The play-ability of the turf is wearing down, seams are starting to show, along with the turf fibers breaking down due to the athletic cleats starting, stopping and twisting on the surface. The Field Turf rep also stated if the turf is not replaced within the 3 to 4 year recommendation, that the field surface would need a G-Max testing to allow for play to take place on the existing surface.

Justification/factor driving project
Replace the artificial turf at the Grape Bowl
Replace Artificial Turf at the Grape Bowl PKCP-22003Munis Project Code:

Section I: Description
Project Title: 218
Section I: Description District Nos: 5 Project Length8/31/2023Priority High Section II: Estimated Project Costs
Expenditure Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 26/27 Future Yrs Total
Contracts - $ 1,270,000$ (559,135)$ 710,865$ Internal Staff - $ 30,000$ 30,000$ -$ -$
-$ -$
-$ -$
Total Capital Costs - $ 1,300,000$ (559,135)$ - $ - $ - $ - $ - $ 740,865$ Section III: Funding Sources/Methods of Financing
Funding Source(s) Prior Years FY 22/23
Estimate
FY 23/24
Budget
FY 24/25 FY 25/26 FY 26/27 FY 26/27 Future Yrs Total
432 - Parks&Rec Capital -$ 1,300,000$ (559,135)$ 740,865$ -$ -$
-$ -$
-$ -$
Total Project Financing -$ 1,300,000$ (559,135)$ - $ - $ - $ - $ - $ 740,865$ Capital Improvement Plan
FY 2023-2024
If the overlay work is delayed, the existing parking lot will need to be removed and replaced as a complete renovation project. The existing parking lot was installed in 1982 and has not received oil maintenance since the parking lot was installed. Update 6/27/2023: Savings from project will be used towards Blakely Park Enze Pool Shallow End Adjustment (-$160,321) -cj Update 8/30/2023: Savings from project will be used towards Tony Zupo Field Grandstand Seating & Press Box Replacement Improvements Project (-$398,814) -cj Additional Information
Heavily used athletic facilities for both youth softball programming. Pavement condition is poor and warn down to gravel in places due to years of deferred maintenance; large pot holes and uneven pavement throughout. The current interior parking lot area does not have overhead lighting.

Justification/factor driving project
This project is a long over due deferred maintenance project. The existing parking lot is in very poor condition with numerous pot holes and failing quality of asphalt pavement due to weather and lack of maintenance.

Salas Parking Lot Overlay PKCP-22009Munis Project Code:

RESOLUTION NO. 2023-__

A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE

CITY MANAGER TO EXECUTE ADDITIONAL CHANGE ORDERS FOR THE

TONY ZUPO FIELD GRANDSTAND SEATING AND PRESS BOX
REPLACEMENT IMPROVEMENTS PROJECT WITH A.M. STEPHENS
CONSTRUCTION, INC. OF LODI; AND FURTHER APPROPRIATING FUNDS ========================================================================

WHEREAS, Tony Zupo Field was damaged by an arson fire in September 2019; and

WHEREAS, on May 3, 2023 Council awarded the Grandstand Seating and Press Box Replacement Improvements to A .M. Stephens Construction, Inc. , of Lodi, in the amount of $4,054,031 and authorized the City Manager to execute change orders in an amount not to exceed $300,000; and

WHEREAS, as a result of the a tmospheric river events in late 2022 and January 2023, the berm slope and roadway between the Grape Bowl and Zupo Field which provide emergency access to the Grape Bowl press box and grandstand area were compromised; and

WHEREAS, A.M. Stephens Construction, Inc. , provided a cost proposal to conduct the repairs to approximately 250 lineal feet of the berm slope in the amount of $269,703 and are able to complete the work within their original contracted timeframe; and

WHEREAS, staff recommends authorizing the City Manager additional change order authority in the amount of $500,000, for a total not-to-exceed change order authority amount of $800,000; and

WHEREAS, staff further recommends transferring funds in the amount of $101,186 from the Grape Bowl Turf Replacement PKCP-22003 (43299000.77020) to the Tony Zupo Field Project PKCP-22004 (43299000.77020); and

WHEREAS, staff further recommends transferring funds in the amount of $398,814 from the Salas Park Parking Overlay PKCP -22009 (43299000.77020) to the Tony Zupo Field Project PKCP-22004 (43299000.77020).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager additional change order authority in the amount of $500,000, for a total not-to-exceed change order authority amount of $800,000; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby transfer funds in the amount of $101,186 from the Grape Bowl Turf Replacement PKCP-22003 (43299000.77020) to the Tony Zupo Field Project PKCP-22004 (43299000.77020); and

BE IT FUR THER RESOLVED that the Lodi City Council does hereby transfer funds in the amount of $398,814 from the Salas Park Parking Overlay PKCP-22009 (43299000.77020) to the Tony Zupo Field Project PKCP-22004 (43299000.77020); and

BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019- 223), the City Attorney is hereby authorized to make minor revisions to the above- referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.

Dated: October 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 October 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-36

COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Andrew C. Keys, Interim City Manager
AGENDA TITLE: Set Public Hearing for November 1, 2023, to Consider Adopting a Resolution Approving Revised Planning Division Related Fees for Fiscal Year 2023-2024 with Fees Effective Sixty Days Following Authorization of the Resolution M
EETING DATE: October 18, 2023
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Set Public Hearing for November 1, 2023, to consider adopting a resolution approving revised Planning Division related fees for Fiscal Year 2023- 2024 with fees effective sixty days following authorization of the resolution.

B
ACKGROUND INFORMATION: The Planning Fee Schedule reflects Planning Division application fees as authorized by Lodi Municipal Code (LMC) Section 17.38.050. The fee schedule was intended to be
amended periodically so that fees reflect current costs to provide services, to bring fees closer to full cost recovery targets, to add new fees when applicable for new City services, and/or to eliminate fees for discontinued services.

T
he California Constitution grants cities the authority to establish fees to recover the cost of providing services. The City contracted with MGT of America Consulting (MGT) to conduct a comprehensive review and update Planning fees for the Community Development Department’s Planning Division.

A
public hearing is required to consider adopting a resolution approving the revisions to the Planning Division’s fee schedule which has not been updated in over a decade.

S
taff recommends City Council set the public hearing to consider adopting a resolution approving the revised Planning Division fees for Fiscal Year 2023-2024.

ST
RATEGIC PRIORITY ADDRESSED: Strategic Milestone 3C: Ensure elected leaders and staff retain focus on fiscal priorities.

F
ISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________
______
John R. Della Monica, Jr.

Community Development Director
AGENDA ITEM C-37

COUNCIL COMMUNICATION
APPROVED: ________________________________
Andrew Keys, Interim City Manager
AGENDA TITLE: Set a Public Hearing for November 1 , 2023 , to Consider a Resolution Amending the General Plan Map from Industrial (“M”) to General Commercial (“GC”), and Consider Introducing an Ordinance amending the Zoning Map from Industrial (“M”) to General Commercial (“GC”) for approximately 0.76 acres at 141 East Harney Lane, Lodi, CA , APN: 062-410-35 (Applicant: DN Acquisitions, File Numbers: PL2023 -024 and PL2023-025; CEQA Determination: Exempt per California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) – Common Sense Exemption.) MEETING DATE: October 18, 2023
PREPARED BY: Community Development Director
RECOMMENDED ACTION: Set a Public Hearing for November 1 , 2023, to consider a resolution amending the General Plan Map from Industrial (“M”) to General Commercial (“GC”), and to introduce an Ordinance amending the Zoning Map from Industrial (“M”) to General Commercial (“GC”) for approximately 0.76 acres at 141 East Harney Lane, Lodi, CA, APN: 062-410-35.

B
ACKGROUND INFORMATION: The Applicant desires to apply for an ABC license to sell off- sale beer and wine at their existing convenience store and fueling station located at 141 East Harney Lane. The current Industrial zoning and General Plan Map designations do not allow for off-sale of alcohol. Thus, the Applicant desires to amend the General Plan and zoning maps from Industrial to General Commercial to allow for a Use Permit to enable the off-sale of beer and wine. The approval of a Use Permit for off-sale of alcohol is subject to approval by the Planning Commission and contingent on approval of the General Plan Map amendment and rezone.

T
he proposal would amend the General Plan Map from Indust rial (“ M”) to General Commercial (“GC”), and to rezone the parcel from Industrial (“M”) to General Commercial (“GC”) for approximately 0.76 acres at 141 East Harney Lane, Lodi, CA (APN: 062-410-35).

ST
RATEGIC PRIORITY ADDRESSED: Strategic Milestone 5-A, examine both public and private underutilized or vacant property City -wide and consider approaches for achieving highest and best
use, including policy or zoning modifications, for Council’s consideration.

F
ISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________
______
John R. Della Monica, Jr.

Community Development Director
AGENDA ITEM C-38

M
EETING DATE: October 18, 2023
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Set a Public Hearing for November 1 , 2023, to consider a resolution amending the General Plan Map from Medium
Density Residential (“MDR”) to High Density Residential (“HDR”), and consider introducing an ordinance amending the Zoning Map from Residential Medium Density (“RMD”) to High Density Residential (“RHD”) for approximately 1.5 acres at 2057 South Lower Sacramento Road, Lodi, CA (APN: 058-030-06).

B
ACKGROUND INFORMATION: The Applicant desires to amend the General Plan Map from Medium Density Residential (“MDR”) to High Density
Residential (“HDR”), and amend the Zoning Map from
Residential Medium Density (“RMD”) to High Density Residential (“RHD”) for approximately 1.5 acres at 2057 South Lower Sacramento Road (APN: 058-030-06) in order to develop a four-story 48-unit market rate apartment complex comprised of three buildings. The Growth Allocation will come forward as a separate agenda item.

ST
RATEGIC PRIORITY ADDRESSED: Strategic Milestone 5-A, examine both public and private underutilized or vacant property City wide and
consider approaches for achieving highest and best
use, including policy or zoning modifications, for
Council’s consideration.

F
ISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________
______
John R. Della Monica, Jr.

Community Development Director
AGENDA ITEM C-39

Cal. Code of Regs. Title 14 Section 15304, Minor Alterations to Land.) M
EETING DATE: October 18, 2023
P
REPARED BY: Community Development Director
RE
COMMENDED ACTION: Set a Public Hearing for November 1 , 2023, to consider a resolution amending the General Plan Map from Medium
Density Residential (“MDR”) to High Density Residential (“HDR”), and consider introducing an ordinance amending the Zoning Map from Residential Medium Density (“RMD”) to High Density Residential (“RHD”) for 0.17 acres, APN: 058-030-38.

B
ACKGROUND INFORMATION: The City desires to amend the General Plan Map from Medium Density Residential (“MDR”) to High Density Residential (“HDR”), and amend the Zoning Map from Residential Medium Density (“RMD”) to High Density Residential (“RHD”) for an approximately 0.17-acre remainder parcel, APN: 058-030-38 to enable future access to a proposed housing development on the adjacent site. The sliver of a parcel had been previously designated as a turning lane from Century Boulevard onto South Lower Sacramento Road, but was later determined to be unnecessary for development of the adjacent Planned Development. At the time of this report, City Staff is determining whether the underutilized parcel is subject to the Surplus Land Act.

ST
RATEGIC PRIORITY ADDRESSED: Strategic Milestone 5-A, examine both public and private underutilized or vacant property city -wide and consider approaches for achieving highest and best
use, including policy or zoning modifications, for
Council’s consideration.

F
ISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________
______
John R. Della Monica, Jr.

Community Development Director
AGENDA ITEM H-01

COUNCIL COMMUNICATION

APPROVED
: ________________________________
Andrew Keys, Interim City Manager
AGENDA TITLE: Adopt Resolution Approving the Side Letter Agreement Between the City of Lodi and the Police Officers Association of Lodi to Provide Overtime Compensation to Officers Assigned as Motor Officers for Hours Spent on the Cleaning and Maintenance of Their Motorcycle During Unscheduled Work Hours
MEETING DATE: October 18, 2023
PREPARED BY: Human Resources
RECOMMENDED ACTION: Adopt resolution approving the side letter agreement between the City of Lodi and the Police Officers Association of Lodi to provide overtime compensation to Officers assigned as Motor Officers for hours spent on the cleaning and maintenance of their motorcycle during unscheduled work hours.

BACKGROUND INFORMATION: The Lodi Police Department provides several special assignments for sworn personnel. One special assignment is Motor Officer. Officers on special assignment as a Motor Officer are responsible for the cleaning and maintenance of the motorcycle. This cleaning and maintenance typically occurs during unscheduled work hours such as nights and weekends.

Polic
e Officers who are on special assignment as a Motor Officer receive incentive pay of 4.5% of the employee’s base pay, pursuant to Article X of the Police Officers Association of Lodi (POAL) Memorandum of Understanding (MOU), July 1, 2022 through June 30, 2025.

The Fai
r Labor Standards Act (FLSA) is a federal law that establishes federal minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. California Labor Code § 1197 requires that California employers pay their employees no less than the local minimum wage. Employers must comply with both federal and state laws and regulations when properly compensating employees.

The FL
SA requires that employees be compensated for time spent cleaning and maintaining a motorcycle used in an employee’s work when performed away from the employer and during unscheduled work hours. Article X of the POAL MOU includes language that was mutually agreed upon that the 4.5% incentive fully compensated the officer for time spent on things such as regular pre- shift preparation, washing , minor maintenance, and transportation of the motorcycle. City staff recently learned that courts have found that such percentage incentives, as provided in Article X of the POAL MOU, are not permissible forms of compensation for the time spent working on their motorcycles off duty.

The FLSA allows employers to work with employees to agree on a defined number of hours spent by the employee on the care of the motorcycle while off duty. City staff met and conferred with representatives from POAL and mutually agreed that the average number of hours spent each week on the cleaning and maintenance of the motorcycle is two hours. The City and POAL further agreed that the two hours will be paid at the California minimum wage overtime rate of pay (currently $23.25 per hour). This mutual agreement complies with the FLSA requirements and properly compensates the Motor Officer for work performed outside of their normal work schedule.

T
he City and POAL would like to memorialize this agreement and amend the POAL MOU through a side-letter agreement.

STRATEGIC VISION: 7A Public Safety
FISCAL IMPACT: The annual cost of overtime for two Motor Officers for the maintenance and cleaning of their motorcycles is approximately $5,000 and will increase based on total number of Motor Officers on special assignment and upon increases to California minimum wage.

FUNDING AVAILABLE: Funding available within the Police Department annual budget. _______________________________________

Adele Post
Human Resources Manager
Side Letter Agreement Amending the Memorandum of Understanding Between the City of Lodi and the Police Officers’ Association of Lodi (POAL) July 1, 2022 – June 30, 2025
This Agreement is entered into and effective as of October 18, 2023, between the City of Lodi, a municipal corporation (“CITY) and the Police Officers’ Association of Lodi (“POAL”).

WHEREAS, Article X of the POAL Memorandum of Understanding (“M OU”) provides for a special assignment incentive of 4.5% of the employee’s base salary to POAL members who are assigned as a Motor Officer; and
WHEREAS, the 4.5% special assignment incentive was intended to include compensation for the care, cleaning, and minor maintenance of the motorcycle by the Motor Officer while off duty; and
WHEREAS, the courts have determined that percentage based compensation is not a permissible form of compensation for the time spent working on their motorcycle during off duty hours; and
WHEREAS, the City is required by law to pay employees for the time spent cleaning and maintaining their motorcycle used in an employee’s work when the work is unscheduled and performed away from the employer’s premises; and
WHEREAS, the City and POAL wish to amend the MOU in order to be compliant with the Fair Labor Standards Act and California minimum wage to properly compensate Motor Officers for work performed off duty; and
WHEREAS, the City and POAL have met and conferred in good faith and mutually agreed to amend the POAL MOU to incl ude payment for time spent cleaning and maintaining a motorcycle at the rate of two (2) hours of overtime each week, payable at the California minimum wage overtime rate.

NOW THEREFORE, City and POAL agree to amend Article X as follows:

ARTICLE X – MOTOR OFFICERS

10.1 Officers assigned to the Motors Unit shall be paid an incentive of 4.5% of the employee’s base salary. It is mutually agreed this incentive fully compensates the officer for the time taken for regular pre-shift preparation, washing, minor maintenance, transportation of the vehicle to repair facilities within the City of Lodi, and any permitted transportatio n of the motorcycle to and from home. It is also mutually agreed that assignments to the Motor Unit are at the sole discretion of the City. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non-punitive basis and that they have no right to appeal from such transfer or reassignment. Nonetheless an officer shall not be punitively removed from a specialty assignment without being granted an opportunity for an administrative appeal. However, the provision of an appeal shall not create a property interest in the assignment.

10.110.2 The City and POAL mutually agree that the time Motor Officers spend in all aspects of regular pre-shift preparation, washing, minor maintenance, transportation of the vehicle to repair facilities , is two (2) hours per week, payable at the California minimum wage overtime rate. They agree that any time spent in excess of such time is not reasonably necessary and accordingly , is not authorized. Both parties agree that this agreement complies with the requirements of the Fair Labor Standards Act.

All other provisions of the POAL MOU remain in full force and effect.

POLICE OFFICERS’ ASSOCIATION OF LODI CITY OF LODI
________________________________________ _____________________________________ William Hinton, President Andrew Keys, Interim City Manager Date _______________ Date _______________
________________________________________ _____________________________________ Austin Blythe, First Vice-President Adele Post, Human Resources Manager Date _______________ Date _______________
APPROVED AS TO FORM:
_____________________________________
Katie O. Lucchesi, Interim City Attorney
Date ______________
ATTEST:
_________________________________
Olivia Nashed, City Clerk
Date ______________

RESOLUTION NO. 2023-__

A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND

THE POLICE OFFICERS ASSOCIATION OF LODI THROUGH A SIDE-LETTER

AGREEMENT ADDING OVERTIME PAY FOR THE CARE AND MAINTENANCE

OF MOTORCYLES
======================================================================== WHEREAS, the Lodi City Council approved a successor Memorandum of Understanding (MOU) with the Police Officers Association of Lodi (POAL) that has a term of July 1, 2022 through June 30, 2025; and
WHEREAS, the Lodi Police Department employs Police Officers who are assigned as Motor Officers as a special assignment to their regular duties and are required to care and maintain their motorcycle during off-duty hours; and
WHEREAS, the Fair Labor Standards Act (FLSA) requires that employees be compensated for all work performed, including the care and maintenance of their motorcycles; and
WHEREAS, the POAL MOU does not provide for overtime compensation to Motor Officers for the care and maintenance performed off duty; and WHEREAS, the City and POAL wish to enter into a side-l etter agreement amending the POAL MOU to provide Motor Officers with two hours of overtime compensation, payable at the California minimum wage overtime rate, each week for the care and maintenance of their motorcycle as required under the FLSA; and
WHEREAS, it is recommend ed that Council appr ove the revisions to the MOU with POAL through a Side- Letter Agreement to provide two hours of overtime compensati on, payable at the California minimum wage overtime rate, for work performed on their motorcycle while off duty.

N OW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Side-Letter Agreement (Exhibit A) between the City of Lodi and POAL.

Date: October 18, 2023
======================================================================== I
hereby certify that Resolution No. 2023-__ was passed and adopted by the Lodi City Council in a regular meeting held October 18, 2023, by the following vote:

AYES: CO UNCIL MEMBERS –
N OES: COUNCIL MEMBERS –
ABSEN T: COUNCIL MEMBERS –
ABST AIN: COUNCIL MEMBERS –
O

LIVIA NASHED
City Clerk
20 23-__
Side Letter Agreement Amending the Memorandum of Understanding Between the City of Lodi and the Police Officers’ Association of Lodi (POAL) July 1, 2022 – June 30, 2025
This Agreement is entered into and effective as of October 18, 2023, between the City of Lodi, a municipal corporation (“CITY) and the Police Officers’ Association of Lodi (“POAL”).

NOW THEREFORE, City and POAL agree to amend Article X as follows:

ARTICLE X – MOTOR OFFICERS

10.1 Officers assigned to the Motors Unit shall be paid an incentive of 4.5% of the employee’s base salary. It is mutually agreed this incentive fully compensates the officer for the time taken for regular pre-shift preparation, washing, minor maintenance, transportation of the vehicle to repair facilities within the City of Lodi, and any permitted transportatio n of the motorcycle to and from home. It is also mutually agreed that assignments to the Motor Unit are at the sole discretion of the City. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non-punitive basis and that they have no right to appeal from such transfer or reassignment. Nonetheless an officer shall not be punitively removed from a specialty assignment without being granted an opportunity for Exhibit A
an administrative appeal. However, the provision of an appeal shall not create a property interest in the assignment.

All other provisions of the POAL MOU remain in full force and effect.

COUNCIL COMMUNICATION

APPROVED
: ________________________________
Andrew Keys, Interim City Manager
AGENDA TITLE: Update on June 30, 2022 CalPERS Actuarial Reports MEETING DATE: October 18, 2023

PREPARE
D BY: Interim City Manager
RECOM
MENDED ACTION: Receive update on June 30, 2022 CalPERS Actuarial Reports.

BACKGROUND I
NFORMATION: The City Council received an update on the City’s CalPERS status at its Shirtsleeve meeting on July 18, 2023. At that time, the most recently available CalPERS Actuarial Reports were dated June 30, 2021 and Included investment earnings through that date. It was known CalPERS had experienced a system wide investment loss of 6.1% for the period July 1, 2021 through June 30, 2022 and that reports showing that loss would be available in late July or August of 2023. Those reports are now published.

Staff will
briefly provide an update on the City’s CalPERS funded status based on the newly available information.

STRATE
GIC VISION: 3A. Fiscal Health: Promote City's transparency & fiscal fluency.

FISCAL
IMPACT: There is no fiscal impact.

FUNDING
AVAILABLE: Not applicable.
_______________________________________
Meli
ssa Munoz
Accounting Manager
CalPERS Funded Status
Update
October 17, 2023

• The City has had an adopted Pension Stabilization Policy since 2017. • The policy was most recently amended June 7, 2023 with the following main tenants:
• In place until the City is 80% funded combined PERS/local assets and Safety/MISC liabilities • All reserves in excess of local fund balance policy up to 5% of total revenue in any year is invested into pension lia
bilities
• Significant discussion around pension liabilities occurred during the FY 2023/24 budget s
hirtsleeves and the FY 2022/23 fund balance in excess of reserve requirement meetings. • City Council elected to invest $539,672 into the Pension Stabilization Fund from FY 2022/23 fund balance not y
et reflected in PARS balances discussed in this presentation. • A shirtsleeve session was held on July 18, 2023 to provide a broad overview of the City’s funded s
tatus and relationship with CalPERS.
• The City has received the June 30, 2022 CalPERS actuarial valuations subsequent to those d
iscussions showing the 6.1% market loss (12.9% system loss).

Background
2 • PERS beats expectations long term, but falls short the last 5 years. • Preliminary July 1, 2022 through June 30, 2023 earnings are 5.8%. • PARS reported earnings July 1, 2022 through June 30, 2023 are 8.18%.

Update on Pension Funded Status
3 • As a result of the City’s PSF balance, the City is approximately 4.5% b
etter funded as of July 31, 2023 using the June 30, 2022 actuarial. • Despite $6.3 million in ADP , PERS funded status has gone down since t
he Pension Stabilization Policy was implemented.

Update on Pension Funded Status
4 PERS Valuation
Date
PERS Funded
Status
PARS Assets (as of

12.31 + one year)
City's Funded
Status
% improvement
due to PARS

6.30.16 63.4% 5,229,493 64.8% 1.5%

6.30.17 64.9% 10,685,927 67.8% 3.0%

6.30.18 63.8% 17,023,582 68.0% 4.2%

6.30.19 64.2% 18,946,524 68.8% 4.6%

6.30.20 63.2% 21,245,657 68.1% 4.9%

6.30.21 72.8% 20,023,091 77.2% 4.4%

6.30.22 63.0% 21,581,718* 67.5% 4.5%
* July 31, 2023
• Relative impact is greater on Miscellaneous plan compared to Safety. • Generally, better funded plans are more impacted by changes that negatively impact liability, in
this case poor investment returns.
• Termination Liabilities have increased despite PERS raising the risk free interest r
ate used in the calculation
• Safety:
• Miscellaneous:

Year Over Year Changes
5 Prior Year Current
Funded Ratio 66.9% 58.0%
UAL $77,432,823 $103,207,767
Prior Year Current
Funded Ratio 79.0% 68.3%
UAL $47,208,280 $74,557,822
Questions?
6 AGENDA ITEM H-03

COUNCIL COMMUNICATION

APPRO
VED: ________________________________
Andrew Keys, Interim City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\PARKS\LODILAKE\2024 Improvement Project\CC 2024 Lodi Lake Imp Project.docx 10/11/2023 AGENDA TITLE: Receive Presentation on the 2024 Lodi Lake Southside Improvement Project and Request Direction on Alternative Construction Schedules
MEETING DATE: October 18, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Receive Presentation on the 2024 Lodi Lake Southside Improvement Project and Request Direction on Alternative Construction Schedules.

BACKGROUND INFORMATION: Lodi Lake is often referred to as the “Jewel of the City”. For many years the facility has provided recreation opportunities ranging from picnicking to kayaking.

In 2016, the City completed boat ramp and parking area improvements on the north portion of Lodi Lake after received a Boating and Waterways Grant. At that time, the south parking area(s) were not improved due to funding constraints. As part of the one-time General Fund surplus realized during FY20-21, Council approved $2.4M to improve the Southside areas of Lodi Lake on April 20, 2022. The design for these improvements is now complete.

The proposed project includes replacement of the south side restroom and playground equipment, the reconstruction of the south east parking lot and access road to Hughes Beach and the north side of the lake, reconstruction of the Hughes Beach shade structure, and construction of a new restroom at the Hughes Beach parking area.

Since the facility supports many public and private events, the unavoidable disruption caused by construction activities create impacts for park visitors. The presentation will provide an overview of the project along with alternative construction schedules, and their respective impacts for Council consideration.

STRATEGIC VISION:
6B. Parks: Expand, develop, and maintain Lodi Lake to meet or exceed industry standards.

FISCAL IMPACT: There is no Fiscal Impact at this time. However, it should be noted that the Lodi Lake Southside Improvement Project is currently estimated to cost $3,500,000, which exceeds the amount currently budgeted. Staff will request Council consider additional funding allocations or propose a reduction in scope of work if necessary upon receipt of bids.

FUNDING AVAILABLE: N/A
________________________________________
Cha rles E. Swimley, Jr.

Public Works Director
CES/cd
AGENDA ITEM H-04

COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Andrew Keys, Interim City Manager
AGENDA TITLE: Adopt Resolution Appointing Katie O. Lucchesi to the Position of City Attorney and Approving the Related Employment Agreement
MEET
ING DATE: October 18, 2023
PRE
PARED BY: Human Resources Manager
RECO
MMENDED ACTION: Adopt resolution appointing Katie O. Lucchesi to the position of City Attorney and approving the related employment agreement.

BA
CKGROUND INFORMATION: Pursuant to City Council direction provided at the October 3, 2023, special meeting, attached is the draft employment agreement with Katie O. Lucchesi to be employed as the City Attorney for the City of Lodi. It is anticipated that Ms. Lucchesi will begin employment as the City Attorney on October 19, 2023.

FI
SCAL IMPACT: The employment agreement reflects an annual salary of $234,935.06.

FUNDI
NG AVAILABLE: No cost in excess of the current budget.
_________________________________
A
dele Post
Human Resources Manager
Exhibit A

The terms of the Employment Agreement with Katie O. Lucchesi are being finalized and the Employment Agreement will be presented at the October 18, 2023 Council meeting.

RESOLUTION NO. 2023-____

A RESOLUTION OF THE LODI CITY COUNCIL
APPOINTING KATIE O. LUCCHESI TO THE

POSITION OF CITY ATTORNEY AND APPROVING

EMPLOYMENT SERVICES AGREEMENT
EFFECTIVE OCTOBER 18, 2023

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

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby appoint Katie O. Lucchesi to the position of City Attorney for the City of Lodi; and

BE IT FURTHER RESOLVED that the City Council hereby approves the Employment Agreement (attached hereto as Exhibit A), effective October 18, 2023.

Dated: October 18, 2023
===================================================================

I hereby certify that Resolution No. 2023-____ was passed and adopted by the City Council of the Cit y of Lodi in a special meeting held October 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 I-01

COUNCIL COMMUNICATION
APPRO
VED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2018 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 – Administration and Personnel – Chapter 2.12, ‘City Manager,’ by Repealing and Reenacting Section 2.12.060(T) Relating to Contract Authority for Utility Inventory Purchases”
MEET
ING DATE: October 18, 2023
PRE
PARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2018.

BACKGROUND INFORMATION: Ordinance No. 2018 entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 – Administration and Personnel – Chapter 2.12, ‘City Manager,’ by Repealing and Reenacting Section

2.12.060(T) Relating to Contract Authority for Utility Inventory Purchases” was introduced at the regular City Council meeting of September 6, 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.

STRATEGIC VISION: Not applicable.

FI
SCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.
_______________________________
O
livia Nashed
City Clerk
Attachment

1 ORDINANCE NO. 2018

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 2 – ADMINISTRATION AND PERSONNEL – CHAPTER 2.12, “CITY MANAGER,” BY REPEALING AND REENACTING SECTION 2.12.060(T) RELATING TO CONTRACT AUTHORITY OF T HE

CITY MANAGER FOR UTILITY INVENTORY PURCHASES
=========================================================================

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:

Section 1. Lodi Municipal Code Title 2 – Administration and Personnel – Chapter 2. 12, “City Manager,” is hereby amended by repealing and reenacting Section 2.12.060(T) relating to contract authority of the City Manager and shall read as follows:

2.12.060 (T) Contracts: To execute on behalf of the City, without City Council approval, contracts, as defined in Lodi Municipal Code 3.20.015, in the amount of sixty th ousand dollars or less, and to delegate authority to subordinate officers and employees to execute contracts without City Council or City Manager approval contracts in the amount of thirty thousand dollars or less to all directors or designees. Nothing in this section shall allow departure from the other purchasing requirements of Chapter 3.20 of this Code. For contracts of not less than thirty thousand dollars nor greater than sixty thousand dollars, the City Manager shall quarterly prepare for the City Council a report which includes a list of the contracts into which the city has entered during the previous three months. No contract shall be split into smaller segments to avoid the provisions of this subsection. (Government Code § 4526, Public Contract Code § 10359)

1. Utility Inventory Purchases. City Manager shall have authority to purchase and/or contract for Lodi Electric Utility Department and Public W orks Department inventory items up to a maximum amount of two hundred fifty thousand dollars per transaction to address supply chain challenges. The C ity Manager shall quarterly prepare for the C ity Council a report which includes a list of the purchases and/or contracts in excess of thirty thousand dollars into which the city has entered during the previous three months. The Purchasing System set forth in Chapter 3.20 of this Code is suspended as it relates to the purchase of utility inventory items under this subsection.

Section 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

Section 5. This ordinance shall be published one time in the “ Lodi News Sentinel, ” a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect 30 days from and after its passage and approval.

Approved this 18
th day of October, 2023.

____________________________________

MIKEY HOTHI
Mayor

2 Attest:

OLIVIA NASHED
City Clerk

State of California
County of San Joaquin, ss.

I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2018 was introduced at a regular meeting of the City Council of the City of Lodi held September 6, 2023, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 18, 2023, by the following vote:

AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS –

I further certify that Ordinance No. 2018 was approved and signed by the Mayor of the date of its passage and the same has been published pursuant to law.

OLIVIA NASHED
City Clerk

Approved as to Form:

KATIE O. LUCCHESI
Interim City Attorney

Lodi City CouncilOctober 18, 2023

Lodi City Council
October 18, 2023