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and governmentalgroups and committees upon which Employee serves as a member up to an amount provided for in the City budget,
6. MUTUAL COMMITMENTS
Performance Evaluation - Annual performance evaluations are an important way for the City Council and Employee to ensure effective communications about expectations and performance. The City Council recognizes that for Employee to respond to their needs and to grow in the performance of her job, she needs to know how the City Council Members think she is performing. To assure Employee gets this feedback, the City Council commits to:
(a) Conduct an evaluation of Employee's performance at least annually, or on any other schedule deemed appropriate by the City Council. The City Council may use an outside facilitator to assist them in conducting this evaluation. (b) The annual review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with Employee,
(c) The City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City for the attainment of the City Council's policy objectives. The City Council and Employee shall further establish a relative priority among those various goals and objectives. 7, GOMPENSATION:
City agrees to provide the following compensation to Employee during the term of the Agreement:
(a) Base Salary - Employee shall be paid an annual salary of $132,831.59 per year, which sum may be adjusted from time to time as provided in this Agreement by action of the City Council, payable in twenty-six (26) equal installments in the same manner as City department heads.
(b) The City shall pay all traditional employer costs required by law, including but not limited to: FICA, Medicare, Unemployment Compensation, and Workers' Compensation.
(c) Future annual adjustments to Employee's salary shall be set by City Council action City may not reduce salary or benefits provided by this Agreement unless:
(i) it does so on a Citywide (all employees) basis, and then in no greater percentage than the average reduction of all City employees, or
(ii) it does so after providing Employee with a written negative performance evaluation that provides direction and opportunity for improvement prior to any action to reduce salary or benefits.
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8. AUTOMOBILE
Employee shall not be provided an automobile or automobile allowance. Employee shall be reimbursed for travel expenses in accordance with City's travel policies,
9. GENERAL EXPENSES:
Employee shall also be reimbursed by City for reasonable out-of-pocket expenses incurred in the course and scope of her employment in accordance with City reimbursement policies.
10. BASIC BENEFITS:
(a) Holidays - Employee shall receive 36 floating hours of paid leave (pro-rated for calendar year 2022) and nine and one half (9 %)paid fixed holidays per year credited in the same manner as allother City employees.
(b) Vacation Leave - Employee will receive a bank of forty (40) hours of vacation leave concurrent with her start date that can only be used during Employee's first 12-months of Employment. Employee will receive paid vacation leave in increments of 3.08 hours per pay period, increasing as provided in the City of Lodi Executive Management Statement of Benefits, daled 2012, as amended from time to time by resolution of the City Council ("Executive Statement of Benefits"). Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated vacation time to her credit at her rate of pay as of her date of termination.
(c) Sick Leave - Employee shall be granted ninety-six (96) hours of sick leave per year which will accrue at a rate of 3.70 hours per pay period with no limit on the amount that can be accumulated.
(d) Administrative Leave - Employee shall be granted eighty (80) hours of administrative leave per calendar year (pro-rated for calendar year 2022). Employee may cash out up to eighty (80) hours of Administrative Leave, as provided under the Executive Statement of Benefits. Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated administrative leave to her credit at her rate of pay as of her date of termination.
(e) Deferred Compensation: Employee may participate in the City's Deferred Compensation plan. The City will match up to a percentage equal to the highest amount provided to any bargaining group (currently 3o/o of base salary). (f) Other terms and conditions - Except as otherwise provided herein, all provisions of the City of Lodi Municipal Code, official policies and regulations and rules of the City relating to disability, incapacity, vacation, holidays, retirement systems contributions, and other fringe benefits and working conditions as they now exist or hereafter may be amended also shall apply to Employee as they would to other executive management employees of City in addition to said benefits set out in this Agreement.
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City Clerk Employment Agreen-
ll.INSURANCE:
(a) Medical lnsurance: Employee shall receive vision insurance, dental insurance, long term disability, chiropractic insurance, and any other similar benefit which may be made available to Employee by the City as outlined in the Executive Statement of Benefits. The Statement of Benefits or Council Resolution(s) describe(s) these benefits and any applicable deductibles.
Employee and qualified dependents are eligible to participate in the City's sponsored medical insurance as offered through CaIPERS, or other medical plan offered by the City. Effective January 1,2022, the City will contribute a maximum towards the monthly medical premium based on qualifying tier ($1 ,794.51 for Family coverage, $1,380.39 for Employee+1, and $690.17 for Employee only). lf Employee selects a higher cost medical plan, Employee will pay the difference as a payroll deduction. lf Employee elects not to be covered by medical insurance through the City, an additional $692.81 per month for Family or $532.92 for Employee+1 or $305.22 for a Single employee, will be added to either the Employee's deferred compensation account or paid in cash. ln order to qualify for this 'cash-out' provision, proof of group insurance coverage must be provided to the City. (b) Life lnsurance: Employee shall receive Life lnsurance as provided in the Executive Statement of Benefits.
12. RETIREMENT:
City is a full member of the Public Employees Retirement System (PERS) to which City agrees to contribute to Employee's retirement account the total amount required by it.
Employee shall contribute Employee's contribution to the membership contract with PERS for each pay period for Employee's membership (Classic or PEPRA). ln addition, in accordance with California Government Code section 20516 contract amendment process requirements, Employee shall pay six percent (6%) towards the employer's share of the CaIPERS normal pension cost through a cost-sharing agreement.
13. SEPARATION:
(a) Resignation - ln the event Employee terminates this Agreement by voluntary resignation of her position with the City, Employee shall not be entitled to severance pay othenvise provided in Paragraph 14 of this Agreement. ln the event Employee voluntarily resigns her position with City, she shall give City at least forty-five (45) days advance written notice and shall be entitled to all earned salary and all earned, accrued, and unused leave (vacation, sick, administrative, and holiday) in the manner as all other City employees.
(b) Termination & Removal - The City Council may remove Employee with or without cause, by a majority vote of its members. Notice of termination shall be provided to Employee in writing. Any such notice of termination shall be given at a noticed meeting of the City Council. Employee shall not be removed during the first 120 days following any change in membership of the City Council, except upon four-fifths vote of the City Council. Given the at-will nature of the position of City Clerk, an important element of the employment Agreement pertains to termination. lt is in both the City's
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City Clerk Ernployment Agreen.
interest and that of Employee that separation of Employee be done in a businesslike manner
14. TERMINATION AND SEVERANCE:
ln the event Employee is terminated by the City Council, City agrees to pay to Employee a lump sum cash payment equal to six (6) months salary and to continue to pay Employee's health insurance benefits on the same terms set forth in Paragraph 11(a) of this Agreement for six (6) months from the Employee's date of termination. ln all cases such payments shall be subject to all rules and regulations governing income tax withholding.
However, notwithstanding the above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, conviction of a crime involving acts of moral turpitude or involving personal gain to her, or a breach of this Agreement, City shall have no obligation to pay any severance provided in this Paragraph 14. ln the event Employee is convicted of a crime involving abuse of her office or position, as described in Paragraph 19, Employee shall reimburse City for any severance pay paid to Employee under this Paragraph 14.
15. EMPLOYMENT TERM:
(a) Employee is an "at will" employee and shall serve at the pleasure of the City Council. (b) Except as provided in Paragraph 14, nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City Council to terminate the services of Employee.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position as City Clerk, subject only to the provisions set forth in Paragraph 13 of this Agreement.
16. AUTHORITY TO WORK IN THE UNITED STATES
Employee represents, under penalty of perjury, that she is authorized to work in the United States. ln accordance with S274A (8 USC 1324) of the lmmigration Reform and Gontrol Act of 1986, before this Agreement can become effective, Employee must provide documentary evidence to City consistent with the Act, that she is legally entitled to work in the United States, and must execute the verification required by that Act.
17. MODIFICATIONS:
No modification of this Agreement shall be valid unless said modification is in writing and signed by the party to be charged.
18. CONFLICT OF INTEREST:
Because of the duties and role of Employee on behalf of the City and its citizenry, Employee shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of City, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior approval of the City Council.
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City Clerk Employrnent Agreen.
Employee shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to her City employment.
Employee is responsible for submitting to the City Clerk the Appropriate Conflict of lnterest Statements at the time of appointment, annually thereafter, and at the time of separation from the position.
19. INDEMNIFIGATION:
ln accordance with and subject to the provisions of California's Government Claims Act (Government Code $825 et seq.), and any other applicable law, City shall defend, indemnify, and hold harmless Employee in any civil action against and for all losses sustained by Employee in direct consequence of the discharge of her duties on the City's behalf for the period of her employment. City shall defend, indemnify, and hold harmless Employee against any tort, professional liability claim or demand or other civil legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of her duties as City Clerk. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Whenever Employee shall be sued for damages arising out of the performance of her duties, the City may provide defense counsel for Employee in such suit and indemnify her from any judgment rendered against her; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing. Said indemnification shall extend beyond termination of employment and the otheruvise expiration of this Agreement to provide protection for any such acts undertaken or committed in her capacity as City Clerk, regardless of whether the notice of filing of a lawsuit occurs during or following employment with the City.
20. ABUSE OF OFFICE
Any severance payments or cash settlement paid in relation to the termination of this Agreement, pursuant to Paragraph 14, and any legal criminal defense payments made by the City in the defense of Employee, if any, are subject to, and shall be interpreted to comply with, the limitations set forth in Government Code section 53260, concerning the maximum cash settlement in an employment contract, and Government Code sections 53243 through 53243.4, limiting and/or restricting payment or continued retention of severance payments and/or legal criminal defense payments should Employee be convicted of a crime involving an abuse of office or position. "Abuse of office or position" for purposes of this Agreement, shall be as defined in Government Code section 53243.4 which provides: "'abuse of office or position' means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code-"
21. ATTORNEY'S FEES
lf either of the parties hereto brings any action or proceeding against the other, including but not limited to, an action to enforce or to declare the termination, cancellation or revision of the Agreement, the prevailing party in such action or proceedings shall be entitled to receive from the other party all reasonable attorney's fees and costs, incurred in connection therewith. ln the event either party shall initiate any suit, action, or appeal on
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City Clerk Employrnent Agreer'
any matter related to this Agreement, then the court before whom such suit, action, or appeal is taken shall award to the prevailing party such attorney's fees as the court shall deem reasonable, and such award and all allowable costs of the event may be either added to or deducted from the balance due under this Agreement or be a separate obligation as appropriate.
22. SEVERABILITY:
lf any provision or any portion of any provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion hereof, shall be deemed severable and shall not be affected, but shall remain in fullforce and effect.
23. INTEGRATED AGREEMENT
This writing contains the entire agreement between the parties and all prior or contemporaneous agreements, understandings or discussions relative to this Agreement are hereby superseded.
24. JURISDICTION AND VENUE:
This Agreement shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Lodi, San Joaquin County, California.
25. NOTICES:
All written notices required pursuant to this agreement shall be delivered to: City Clerk, P.O. Box 3006, Lodi, CA 95241 or City Hall,221West Pine Street, Lodi, CA 95240; and Olivia Nashed, c/o City Hall, 221 West Pine Street, Lodi, CA 95240.
26. EXECUTION:
lN WITNESS WHEREOF, the City Council of the City of Lodi has caused this Agreement to be signed and executed on its behalf by the Mayor, and Employee has signed and executed this Agreement as of the day and year first above written.
CITY OF LODI, a municipalcorporation: EMPLOYEE:
By: 1An,* (/L,vl/-- 3.2ttr zozZ
Mark Chandler
Mayor
Attest:
Pamela M. Farris
Assistant City Clerk
Olivia Nashed
Approved as to Form
nice D
City
dich
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RESOLUTION NO. 2022-309
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
COMPENSATION AND BENEFIT MODIFICATIONS
FOR CITY CLERK FOR THE PERIOD JANUARY 1,2023 THROUGH
DECEMBER 31, 2025
WHEREAS, the City has completed negotiations with all bargaining units; and WHEREAS, it is recommended that Council provide salary and benefit modifications to the City Clerk's contract as follows:
Six percent (60lo) increase to base salary effective January 9, 2023; five percent (5%) increase to base salary effective January, 8,2Q24; and four percent (4%) increase to base salary effective January 6,2025;
lncrease to the City's contribution towards medical premiums and remain fixed over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1 ,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
lncrease to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
Addition of one fixed holiday in recognition of the Juneteenth holiday.
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby approve compensation and benefit modifications to the City Clerk's contract.
Date: December 7,2022
a
a
a
a
I hereby certify that Resolution No, 20224A9 was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS - Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
OXi"*,-l/\ff[t"d
OLIVIA NASHED
City Clerk
2022-309
514
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE CITY CLERK
=============================================================== =========
WHEREAS, following the City Clerk’s annual review process, a representative from the City and Olivia Nashed, City Clerk, have negotiated in good faith and reached a tentative agreement on amendments to the Employment Agreement for the City Clerk; and
WHEREAS, based on those negotiations, it is recomme nded th at Council approve revisions to the Employment Agreement with Olivia Nashed , Cit y Clerk, beyond those previously authorized in Resolution 2022-309, which shall include the following:
One-time equity adjustme nt of five-point nine one percent ( 5.91%) base salary increase to $162,842 annually, retro-actively applied back to January 5, 2026; A three percent (3%) cost-of-living increase effective the first full pay -period in January 2027;
An additional t hree percent (3%) cost-of-living increase effective the first full pay - period in January 2028;
City shall pay up to 9 0% of th e medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240, effective January 1, 2026; Reduce total employee pension contribution by eliminating employee cost -sharing, of six percent (6%), effective July 6, 2026:
o Classic Contribution seven percent (7%)
o PEPRA Contribution of 50% of normal cost
NOW THEREFORE BE IT RESOLVED that the Lodi City Council does hereby approve and authorize the Interim City Manager to execute the attached Addendum to the Employment Agreement (Attachment 1) between the City of Lodi and Olivia Nashed, City Clerk, to reflect the salary and benefit updates listed in the recitals above.
Dated: February 18, 2026
================================================================== =
I hereby certify that Resolution No. 2026- was passed an d adopted by the City Council of the City of Lodi in a regular meeting held February 18, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-
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AGENDA ITEM G.16
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Appointing an Interim City Manager Candidate, a Retired PERS Annuitant, at a Rate of $140 per hour and Not to Exceed 960 hours in a Fiscal Year (IS - HR) MEETING DATE:
February 18, 2026
PREPARED BY:
Human Resources
RECOMMENDED ACTION:
Adopt a Resolution appointing an Interim City Manager candidate, a retired PERS annuitant, at a rate of $140 per hour and not to exceed 960 hours in a fiscal year.
BACKGROUND INFORMATION:
On November 5, 2025, City Council adopted a resolution appointing Mr. Lindsay to temporarily serve as the Interim City Manager, effective November 6, 2025, while the City undertakes the recruitment process to hire a permanent replacement for the City Manager position. However, Mr. Lindsay will reach 960 hours worked by the end of February 2026, or shortly thereafter, and the permanent position will remain vacant.
Section 21221(h) of the California Government Code specifically authorizes the appointment of a retired annuitant to a vacant position during recruitment for a permanent appointment. This Section requires (1) the appointment(s) of the retired annuitant not to exceed a combined total of 960 hours per fiscal year, (2) the compensation cannot exceed the maximum monthly base salary paid to other employees performing comparable duties based on an hourly rate, and (3) the retired annuitant cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.
On February 11, 2026, City Council interviewed candidates for the Interim City Manager position and considered the appointment of a Retired PERS Annuitant, to serve as the City’snext Interim City Manager, during the permanent City Manager recruitment process in accordance with Section 21221(h). The proposed candidate, has served as the City Manager of another California city for five (5) years and other high-level city positions. This candidate will utilize prior expertise and specialized skill-set developed while serving as a City Manager and Department Director to now serve the City of Lodi in the Interim City Manager role.
This candidate also desires to accept the appointment as the City’s Interim City Manager and will be compensated at $140 per hour. Final employment terms are being finalized and background checks being conducted, thus, a draft of the Interim City Manager Employment Agreement is included as Attachment 1, but all final terms will be blue-sheeted for City Council consideration and public review at the meeting.
Therefore, staff recommends Council adopt a resolution appointing the proposed candidate, a retired PERS annuitant, to Interim City Manager in accordance with Government Code Section 21221(h) effective February 28, 2026, pending background clearance, and authorizing execution of the Interim City Manager Employment Agreement as finalized in the blue sheet included as Attachment 1.
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COUNCIL COMMUNICATION
FISCAL IMPACT:
Not Applicable.
FUNDING AVAILABLE:
Funding available in City Manager’s Budget.
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INTERIM CITY MANAGER EMPLOYMENT AGREEMENT
This INTERIM CITY MANAGER EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into as of February ____, 2026, by and between the CITY OF LODI , a municipal corporation, hereinafter called “City” and XXXXXXXXXXXXX, an individual and retired PERS annuitant, hereinafter called “Employee,” collectively referred to as “Parties,” both of whom agree as follows:
RECITALS:
WHEREAS, the City desires to retain the services of Employee, a retired PERS annuitant, for appointment as its Interim City Manager while the City undertakes the recruitment process to hire a permanent replacement for the vacant city manager position; and
WHEREAS, Employee possesses the necessary, specialized skill-set to perform the Interim City Manager role and has significant experience as a long -time city manager making them well - qualified to serve in this capacity; and
WHEREAS, Section 21221(h) of the California Government Code authorizes the employment of a retired annuitant, as a person with specialized skills needed to fill a vacant position during recruitment for a permanent appointment , provided, that (1) the appointment (s) of the retired annuitant do not exceed a combined total of 960 hours per fiscal year, (2) the compensation does not exceed the maximum monthly base salary paid to other employees performing comparable duties based on an hourly rate, and (3) the retired annuitant does not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate; and
WHEREAS, the Parties desire to enter into this Agreement to acknowledge the City Council’s appointment of Employee as Interim City Manager effective March 2, 2026, to retain the services of Employee, a retired PERS annuitant, as its Interim City Manager while the permanent position is vacant through the recruitment process; and
WHEREAS, Employee desires to accept the appointment and the employment as the City ’s Interim City Manager subject to the limitations of Section 21221(h) and pursuant to the terms and conditions of this Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto mutually agree as follows:
I. Recitals Incorporated.
The Recitals set forth above are hereby incorporated into this Agreement by this reference.
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II. Agreement to the Agreement to Account for Interim City Manager Appointment.
The City and Employee agree and acknowledge Employee’s appointment as Interim City Manager in accordance with the following terms:
1. POSITION: DUTIES; HOURS; DIRECTION; ACTIVITIES; PERIOD OF EMPLOYMENT; COMPENSATION ; STATUS OF EMPLOYMENT AS A PERS ANNUITANT.
1.1 Term of Position . The City hereby appoints Employee as the Interim City Manager (“ICM”) of City starting on February 28, 2026, at 12:00 a.m. (“Effective Date”), and Employee accepts such employment and agrees to perform the functions and duties of ICM for the City as provided by law and as they may be assigned by the City Council. The term of this ICM appointment shall continue until the City Council fills the vacancy for the permanent City Manager position, unless sooner terminated pursuant to Paragraph 7 below of the Agreement. Additionally, pursuant to Government Code section 2122 1(h), as a retired PERS annuitant, Employee may not perform more than 960 hours per fiscal year for the City, inclusive of other qualifying employment.
Employee agrees and understands that the purpose of this Agreement is to provide for Employee’s services to the City on a short-term basis, that this Agreement reflects the City’s need for interim services that regular staff cannot perform, and this Agreement does not create an ongoing position for Employee with City.
1.2 Duties & Authority. Employee will:
(a) Perform the functions and duties of an ICM as specified in applicable statutes including, but not limited to, the California Government Code, and City Ordinances, Resolutions, Rules and Regulations, as well as all other applicable federal, state, and local laws and regulations;
(b) Conduct the efficient administration of all the affairs of the City, which are under their control. In addition to the ICM’s general powers as administrative head, and not as a limitation thereon, it is their duty and they shall have power to complete the tasks and responsibilities outlined in Lodi Municipal Code Section 2.12.060;
(c) Perform all legally permissible and proper duties as the City Council may assign and as may be modified from time to time;
(d) Comply with all applicable federal, state, and City laws and regulations;
(e) Employee shall recommend strategies and procedures to implement City policies, rules, and regulations and shall enforce such policies, rules, and regulations, as established by the City Council. To accomplish this, Employee shall:
1) Attend City Council meetings as needed or required by the City Council.
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2) Review all items, and any supporting documents, agendized for any regular and special meetings of the City Council. Employee shall consult with the City Attorney, Department Heads, relevant staff and consultants as necessary to advise City Council concerning strategies, procedures and items on the City Council’s agenda.
3) For matters requiring legal interpretation of City policies, procedures, and agreements with third parties, coordinate with the City Attorney, or direct staff to do so.
(f) Employee acknowledges that the position of ICM is a position of high visibility before the public. Employee shall conduct themselves before the public, both during and outside of regular working hours, in a manner that reflects favorably upon City. (g) Employee will maintain a log of hours worked for the City and shall submit a record of hours worked to the City Finance Department according to the same schedule and procedures as other City retired annuitants. The City will provide Employee with copies of the hours reports periodically submitted to CalPERS regarding hours worked under this Agreement.
1.3 Outside Employment.
(a) Except as provided as the City Council may otherwise approve in writing pursuant to subparagraph (b) of this Paragraph 1.3, Employee has the duty and herein commits to devote at least 80% of his/her working time per week on the duties and responsibilities of the position of ICM as specified in Lodi Municipal Code section 2.12.060, as well as other duties assigned by the City Council, which reasonably relate to the position of ICM.
Employee will have the flexibility to determine a work schedule and work location (onsite at City Hall or a remote location outside the City) to perform these duties and responsibilities to the satisfaction of the City Council.
(b) Subject to the terms of this Agreement , Employee is permitted to maintain outside employment or conduct outside business activities on behalf of any person, firm, corporation or entity during the Employment Term provided that such outside employment or business activities do not create a Conflict of Interest as defined by the California Political Reform Act of 1974 and other applicable state laws and regulations, a prohibited contract, or incompatibility of office under applicable laws and regulations, and provided that such outside employment or business activities do not prevent employee from devoting at least 80% of their working time. Employee represents that any such outside employment or business activities will not interfere with their duties as ICM.
(c) Paragraph 1.3(b) shall not be construed to prevent Employee from performing volunteer community service, participating in community service organizations, Employee ’s membership on non -profit boards, or managing personal and real property investments, outside the City jurisdiction , without requiring further approval of the City Council. Any outside services shall not create nor tend to create a disqualifying conflict of interest as 520
defined by the California Political Reform Act of 1974, as amended, nor shall such services impair Employee’s ability to fully perform his duties for City hereunder.
(d) Prior to finalizing an offer of employment, Employee shall submit to City a Statement of Economic Interests (Form 700) to ensure all potential conflicts of interest or incompatible offices are disclosed to City and to give notice of the nature and extent of any proposed outside employment activities while Employee serves as ICM. Employee hereby agrees that the information documented on their Form 700 is true and complete.
1.4 Employee Commitments.
(a) Specific Tasks and Work Plans - Employee agrees to accomplish specific tasks as specified and described by the City Council from time to time in a timely and professional manner. Such specific tasks shall be discussed with Employee and then adopted by motion of the City Council as frequently as the City Council may choose.
(b) Hours of Work - Employee is an exempt employee who does not accrue compensatory time off but is expected to engage in those hours of work as necessary to fulfill the obligations of the position.
1.5 City Commitments.
(a) City shall provide Employee with an office, support staff, office equipment, supplies, and all other facilities and services adequate for the performance of his duties.
(b) City shall pay for, or provide, Employe e reimbursement of actual business expenses , with the exception of mileage/commute and housing expenses.
1.6 Mutual Commitments. Performance Evaluation - Routine performance evaluations are an important way for the City Council and Employee to ensure effective communication about expectations and performance. The City Council recognizes that for Employee to respond to its needs, Employee may from time to time need feedback from the City Council about the performance of his /her job. The City Council may schedule performance evaluations for Employee at its discretion.
1.7 Compensation. City agrees to provide the following compensation to Employee during the Employment Term of the Agreement:
(a) Base Salary - Employee shall be paid at the rate of $ 140 per hour ("Hourly Rate"). This hourly rate reflects the hourly rate of City’s current City Council adopted salary schedule for City Manager.
(b) Hourly Rate shall be payable to Employee on regularly scheduled City payroll dates and shall be subje ct to all applicable payroll taxes and withholdings. Such compensation shall be the sole compensation for services under this Agreement. 521
1.8 Employment of a PERS Annuitant. Employee understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business, or (2) because the retired employee has skills needed in performing the work of limited duration.
1.9 Effect of Agreement on Retired Annuitant's CalPERS Retirement Benefits; Indemnification: The City makes no representation on the impact, if any, this Agreement shall or may have upon Retired Annuitant's CalPERS ret irement benefits, status, duties, and/or obligations. Retired Annuitant acknowledges that in entering into this Agreement, Retired Annuitant has not relied upon any such representations in assessing the CalPERS- related impact of this temporary employment. Retired Annuitant releases the City from any and all CalPERS -related claims or liabilities that may arise in connection with Retired Annuitant's employment pursuant to this Agreement.
2. EXPENSES:
2.1 General Expenses. Employee shall also be reimbursed by City for reasonable job- related expenses incurred in the course and scope of his /her employment, except that Employee will not be compensated for mileage/commuting or housing expenses.
2.2 No Leaves or Benefits. As a retired PERS annuitant, Employee shall not receive any holiday, vacation, sick, or administrative leave or any other benefit, incentive, or compensation in lieu of benefits other than the hourly rate of pay. Employee understands and agrees that Employee is not, and will not be, entitled to receive any benefits from City.
2.3 Other Terms & Conditions. Except as otherwise provided herein, and to the extent such provisions apply to a retired PERS annuitant, all provisions of the City of Lodi Municipal Code, official policies and regulations and rules of the City relating to working conditions as they now exist or hereafter may be amended also shall apply to Employee.
3. “AT WILL” EMPLOYMENT STATUS:
(a) Employee is an "at will" employee and shall serve at the pleasure of the City Council.
Employee’s at-will status cannot be changed except by formal amendment to this Agreement approved by the City Council at a properly noticed meeting and signed by the Mayor.
(b) Except as provided in Paragraph 7 nothing in this Agreement shall pre vent, limit or otherwise interfere with the rights of the City Council to terminate the services of Employee.
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(c) Except as provided in Paragraph 7, nothing in this Agreement shall prevent, limit , or otherwise interfere with the right of Employee to resig n from his/her position as ACM at any time.
4. AUTHORITY TO WORK IN THE UNITED STATES:
Employee represents, under penalty of perjury, that he is authorized to work in the United States.
In accordance with §274A (8 USC 1324) of the Immigration Reform and Control Act of 1986, before this Agreement can become effective, Employee must provide documentary evidence to City consistent with the Act, that he is legally entitled to work in the United States, and must execute the verification required by that Act.
5. CONFLICT OF INTEREST:
Because of the duties and role of Employee on behalf of the City and its residents, Employee shall not, without the prior approval of the City Council, during the Employment Term, individually, as a partner, joint venturer, office r or shareholder, invest or participate in any business venture conducting business in the corporate limits of City, except for stock ownership in any company whose capital stock is publicly held and regularly traded. Employee shall also be subject to the conflict of interest provisions of the California Government Code and any other conflict of interest code applicable to his City employment. Employee is responsible for submitting to the City Clerk the Appropriate Conflict of Interest Statements as a condition of appointment, annually thereafter, and upon separation from his position.
6. ABUSE OF OFFICE:
Any legal criminal defense payments made by the City in the defense of Employee, if any, are subject to, and shall be interpreted to comply with, the limitations set forth in Government Code section 53260, concerning the maximum cash settlement in an employment contract, and Government Code sections 53243 through 53243.4, limiting and/or restricting payment and/or legal criminal defense payments should Employee be convicted of a crime involving an abuse of office or position. "Abuse of office or position" for purposes of this Agreement, shall be as defined in Government Code section 53243.4 which provides: "'abuse of office or position' means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67), Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.”
7. TERMINATION:
(a) Termination With Cause - The City reserves the right to terminate Employee’s employment with cause at any time without notice.
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(b) Termination Without Cause - City also may terminate Employee’s position without cause. In that event, City will endeavor to provide 30 days’ advanced written notice of termination to Employee, but City may terminate Employee’s position without cause with no less than 72 hours’ advanced written notice.
(c) Employee agrees and understands that Section 2.12.050 of the Lodi Municipal Code does not govern the termination of Employee’s position as ICM pursuant to this Agreement. Section 2.12.050 of the Municipal Code provides that the City Manager is appointed for an indefinite term and the City Council may remove him/her by a majority vote of its members, and it imposes further procedural requirements on the City Council in terminating the City Manager’s position. Employee hereby waives any claim to ongoing employment or to any procedural rights regarding termination of his employment as provided by Section 2.12.050 or as otherwise provided in the Lodi Municipal Code.
Employee Acknowledgement: ___
(d) Resignation - If Employee voluntarily resigns his/her employment with City , he/she shall endeavor to give City at least thirty (30) days' advance written notice, but shall at a minimum provide no less than seven (7) days’ advance written notice of resignation.
(e) No Severance – In the event Employee’s employment is terminated by City, with or without cause, no severance payment shall be provided.
8. GENERAL PROVISIONS:
8.1 Modification. No modification of this Agreement shall be valid unless said modification is in writing and signed by both Parties.
8.2 Indemnification. In accordance with and subject to the provisions of California's Government Claims Act (Government Code §825 et seq.), and any other applicable law, City shall defend, indemnify, and hold harmless Employee in any civil action against and for all losses sustained by Employee in direct consequence of the discharge of his duties on the City's behalf for the period of his employment. City shall defend, indemnify, and hold harmless Employee against any tort, professional liability claim or demand, or other civil legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of his duties as ACM. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Whenever Employee shall be sued for damages arising out of the performance of his duties, the City may provide defense counsel for Employee in such suit and indemnify his from any judgment rendered against him; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing of Employee. Said duty to indemnify shall survive termination of employment and expiration of this Agreement to protect Employee for any such acts undertaken or committed in his capacity as ICM, regardless of whether the notice of filing of a lawsuit occurs during or following his employment with the City.
8.3 Dispute Resolut ion & Attorney’s Fees . In the event of a dispute arising from or related to the Agreement, and before bringing any action or proceeding against the other, including 524
but not limited to, an action to enforce or to declare the termination, cancellation or revision of this Agreement, the Parties shall participate in good faith mediation before a qualified and mutually agreeable neutral mediator. The City shall pay for the mediation expense not to exceed one day.
Any further mediation expenses shall be shared eq ually by the City and Employee. In the event that the City or Employee must commence an action or proceeding, as against each other, in order to preserve any application statute of limitations, the party(s) commencing the action shall immediately stay such proceedings until mediation is completed. Should the initial mediation efforts to resolve the dispute related to this Agreement prove unsuccessful, either party shall be entitled to pursue all other legal remedies available under the law. The prevailing p arty in such further action or proceeding shall be entitled to receive from the other party all reasonable attorney's fees and costs, actually incurred in connection therewith. If either party shall initiate any suit, action, or appeal on any matter related to this Agreement, then the court before which such suit, action, or appeal is pending shall award to the prevailing party such attorney's fees and costs as the court shall deem reasonable.
8.4 Severability. If any provision or any portion of any provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion hereof, shall be deemed severable and shall not be affected, but shall remain in full force and effect.
8.5 Integrated Agreement. This writing contains the entire agreement between the Parties and all prior or contemporaneous agreements, understandings , or discussions relative to this Agreement are hereby superseded.
8.6 Jurisdiction & Venue. This Agreement shall be construed in accordance with the laws of the State of California and the Parties hereto agree that venue for any dispute as to this Agreement shall be in Lodi, San Joaquin County, California.
8.7 Notices. All written notices required pursuant to this agreement shall be delivered to:
City Clerk, P.O. Box 3006, Lodi, CA 95241 or City Hall, 221 West Pine Street, Lodi, CA 95240; and
XXXXXXXXX, XXXXXXXX, XXXXX, CA, XXXXX.
III. EXECUTION:
IN WITNESS WHEREOF, the City Council of the City of Lodi has caused this Agreement to be signed and executed on its behalf by the Mayor, and Employee has signed and executed this Agreement as of the day and year first above written.
CITY OF LODI, a municipal corporation:
Ramon Yepez, Mayor
Employee:
XXXXXXXXXXX, Employee
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APPROVED AS TO FORM:
Katie Lucchesi, City Attorney
ATTEST:
Olivia Nashed, City Clerk
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RESOLUTION NO. 2026-__
A RESOLUTION OF THE LODI CITY COUNCIL APPOINTING INTERIM C ITY
MANAGER AND APPROVING THE EMPLOYMENT AGREEMENT FOR
INTERIM CITY MANAGER
========================================================================
WHEREAS, the City of Lo di desires to appoint a p erson with specialized skills qualified to fill the Interim City Manager role while the City undertakes the recruitment process to hire a permanent replacement for the vacant City Manager position , pursuant to Government Code Section 21221 (h) and a written Interim City Manager Employment Agreement; and
WHEREAS, the proposed candidate possesses the necessary, specialized skill -set to perform the role of Interim City Manager and the work to be performed by the candidate is in excess of what City’s permanent staff can presently perform; and
WHEREAS, the proposed Interim City Manager candidate is a retired annuitant who has been retired from public service for more than 18 0 days and who has specialized city management experience; and
WHEREAS, the Interim City Manager ’s monthly compens ation shall not exceed the maximum monthly base salary for the City Manager position , and the Interim City Manager will not receive any benef its, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate; and
WHEREAS, Government Code section 2122 1(h) limit s the number of hours a retired annuitant may work to 960 hours in a fiscal year; and
WHEREAS, the Interim City Manager candidate has certified that he/she has not received unemployment insurance compensation within the 12 -month period prior to his appointment; and
WHEREAS, the proposed candidate has agreed to fill the p osition of Interim City Manager under the terms pursuant to a written agreement as shown in Attachment 1 hereto, as approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED in consideration of the above st ated and the mutual covenants, terms and cond itions, herein contained, the parties hereto mutually and freely agree as follows:
1. The City Council hereby appoints the proposed candidate to the role of Interim City Manager effective February 28 , 202 6 at 12:00 am and the pr oposed candidate accepts such appointment in writing under applicable law, under the terms of the Interim City Manager Employment Agreement as shown in the blue sheet of Attachment 1 , consistent with the requirements of Government Code Section 21224(a), su bject to and condi tioned on the successful completion of the City’s standard background check and any remaining employment procedures.
Dated: February 18, 2026
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I hereby certi fy that Resolution No. 2026-__ was passed and adopted by the Lodi City Council in a regular meeting held February 18, 2026 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-__
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AGENDA ITEM H.1
COUNCIL COMMUNICATION
AGENDA TITLE:
Waive the Second Reading and Adopt Ordinance No. 2044 Amending Lodi Municipal Code Chapter 15.44 “Off -Site Improvements and Dedications,” by Updating Section 15.44.040 “Exemption or Deferment” (CLK) MEETING DATE:
February 18, 2025
PREPARED BY:
Olivia Nashed, City Clerk
RECOMMENDED ACTION:
Waive the Second Reading and Adopt Ordinance No. 2044 Amending Lodi Municipal Code Chapter 15.44 “Off -Site Improvements and Dedications,” by updating Section 15.44.040 “Exemption or Deferment.” BACKGROUND INFORMATION:
Ordinance No. 2044 entitled “An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Chapter 15.44 - Off-Site Improvements And Dedications, Section 15.44.040 (A) - Exemption Or Deferment” was introduced at the regular City Council meeting of January 7, 2026.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance.
Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov’t Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov’t Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
Not Applicable.
FUNDING AVAILABLE:
Not Applicable.
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ORDINANCE NO. ____ AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 15.44 – OFF-SITE IMPROVEMENTS AND DEDICATIONS, SECTION 15.44.040 (A) – EXEMPTION OR DEFERMENT =================================================================== BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Chapter 15.44 “Off-Site Improvements and Dedications,” Section 15.44.040 “Exemption or deferment” of the Lodi Municipal Code is hereby amended to read as follows: 15.44.040 - Exemption or deferment. A. The requirements of Section 15.44.030 do not apply if the cost of development within any twelve-month period is determined by the Public Works Director to be less than one hundred fifty thousand dollars. This amount shall be adjusted by the Public Works Director on July 1st of each year, beginning on July 1, 2026, based upon the change of the U.S. Average Engineering News-Record Construction Cost Index, using the following formula: Amount = $150,000× ENR Index for June (compared to the Index from December 2025) and that the amount shall be rounded to the nearest one hundred dollars. B. The City may defer compliance with the requirements of Section 15.44.030 if the Public Works Director determines that it would be in the best interest of the City to cause all or a portion of the work to be done on an area-wide basis, provided that the property owner enters into an agreement with the city agreeing that the property owner will undertake and start the construction of the required improvements within ninety days after notice is given by the city. The agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall also be considered as a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyer of such property. The city manager is authorized to execute such an agreement for and on behalf of the city. Section 2. 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 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. 533
Section 4. No Conflicts. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this ___ day of __________, 2026 ___________________________________ RAMON YEPEZ ATTEST: MAYOR ______ 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. ____ was introduced at a regular meeting of the City Council of the City of Lodi held ______________, 2025, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held _______________, 2026, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – I further certify that Ordinance No. ____ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. _______ OLIVIA NASHED City Clerk Approved to Form: _____ KATIE O. LUCCHESI City Attorney 534
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AGENDA ITEM H.2
COUNCIL COMMUNICATION
AGENDA TITLE:
Waive the Second Reading and Adopt Ordinance No. 2045 Amending Lodi Municipal Code Chapter 2.12 “City Manager” by Revising Section 2.12.050 “Removal” (CLK)
MEETING DATE:
February 18, 2026
PREPARED BY:
Olivia Nashed, City Clerk
RECOMMENDED ACTION:
Waive the second reading and adopt Ordinance No. 2045 amending Lodi Municipal Code (LMC) Chapter 2.12 “City Manager” by revising LMC Section 2.12.050 “Removal”.
BACKGROUND INFORMATION:
Ordinance No. 2045 entitled “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 “Administration and Personnel” Chapter 2.12 “City Manager” Section 2.12.050 “Removal””was introduced at the regular City Council meeting of January 7, 2026.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance.
Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov’t Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov’t Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
Not Applicable.
FUNDING AVAILABLE:
Not Applicable.
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