AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE THE WRITE -OFF OF UNCOLLECTIBLE UTILITY BILLING BAD DEBTS FOR THE YEARS 2017 THROUGH 2021, APPROVE THE TOTAL WRITE-OFF AMOUNT OF
$1,573,855.04, AND APPROVE APPROPRIATIONS OF $1,292,718 (IS-FIN) ========================================================================
WHEREAS, the Finance Department, through its Revenue Division, is responsible for administering and processing the write-off of accounts deemed uncollectible; and
WHEREAS, the Electric Utility, Public Works, and Finance departments utilize the City’s utility billing system to assess and collect fees, fines, and service charges; and
WHEREAS, outstanding balances that remain in the General Ledger after all reasonable collection efforts have been exhausted result in overstated receivables and inaccurate financial reporting; and
WHEREAS, in accordance with standard governmental accounting pract ices, accounts determined to be uncollectible must be formally written off through an approved process; and
WHEREAS, the utility billing module within Tyler Munis has not undergone a comprehensive write-off process since its implementation; and
WHEREAS, staff has reconciled outstanding balances and determined that certain accounts from fiscal years 2017 through 2021 are uncollectible and appropriate for write -off in order to ensure that financial records accurately reflect collectible balances; and
WHEREAS, appropriations are requested to increase expenditures of $1,292,718 to the following accounts:
10095000-72310 - $65,880
50060001-72310 - $810,950
53053001-72310 - $237,421
56052001-72310 - $178,467
WHEREAS, staff anticipates one additional comprehensive write-off covering fiscal years 2022 through 2025 in order to fully bring the utility module current and align receivable balances with collectible amounts;
WHEREAS, the City maintains a structured monthly collection process consisting of i n- house collection efforts, referral to an external collection agency, and final write-off of uncollectible accounts; and
WHEREAS, debts are pursued internally for forty-five (45) days after the due date, and if payment is not received, the account is referred to an external collection agency for additional collection efforts, including collection notices and active recovery measures; and
865
WHEREAS, after four (4) years of non -payment, remaining uncollectible accounts are written off in the City’s financial system in accordance with the City’s established write-off policy; and
WHEREAS, there are instances where it becomes impractical, uneconomical, or inappropriate to continue pursuing a debt, and it is more cost -effective to authorize a write -off rather than incur additional administrative or legal expenses; and
WHEREAS, at the discretion of the City Council or City Manager, debt may be written off under the following circumstances:
a) The debtor has vacated the address and cannot be located; b) The amount owed is too small to justify legal action or is not economically viable to pursue; c) The debtor is deceased and the amount is uncollectible; d) The debtor has filed for bankruptcy;
e) The Revenue Division has determined the debt is not collectible; or f) The debt is subject to a legal judgment or court order decision; and
WHEREAS, the total recommended write -off for fiscal years 2017 through 2021 is $1,573,855.04, representing an accumulation of uncollectible utility accounts from prior years; and
WHEREAS, staff anticipates that future write -off amounts will decline due to enhanced collection procedures and continued diligence in recovery efforts.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby:
1. Approve the write-off of uncollectible utility accounts for fiscal years 2017 through 2021 in the total amount of $1,573,855.04; and
2. Authorize and direct the Finance Department to process the approved write-offs within the City’s financial system; and
3. Following completion of this write-off, approve the Finance Department implementation of routine and timely write-off procedures to maintain accurate financial records and ensure ongoing compliance with established accounting standards and City policy.
Dated: March 4, 2026
========================================================================
I hereby certi fy that Resolution No. 2026-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
866
OLIVIA NASHED
City Clerk
2026-_____
867
AGENDA ITEM C.4
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing City Manager to Accept a Donation from the Carnegie Corporation of New York in the Amount of $10,000 for the Lodi Public Library and Appropriate Funds (LIB) MEETING DATE:
March 4, 2026
PREPARED BY:
Jenni Fontanilla, Library Director
RECOMMENDED ACTION:
Adopt a Resolution authorizing City Manager to accept a donation in the amount of $10,000 from the Carnegie Corporation of New York for the Lodi Public Library and appropriate funds to the Library’s Donation account.
BACKGROUND INFORMATION:
In anticipation of the 250th anniversary of the signing of the Declaration of Independence in 2026, the Carnegie Corporation of New York launched a nationwide initiative recognizing historic Carnegie library buildings that continue to serve their communities.
Between 1883 and 1929, more than 1,600 Carnegie libraries were constructed across the United States.
Today, approximately 1,350 of those buildings remain standing. The City of Lodi is proud to be among these historic institutions, as the Lodi Public Library was originally established as a Carnegie library and continues to operate as one of these enduring legacy institutions.
In celebration of this national milestone, the Carnegie Corporation of New York awarded a one-time, unrestricted grant to each eligible surviving Carnegie libraries. This “strings-free”funding honors the lasting impact of Andrew Carnegie’s investment in public libraries and recognizes the continued service these institutions provide to their communities.
Acceptance of donations exceeding $500 requires City Council approval. Staff recommends that the City Council authorize the City Manager to accept the $10,000 donation from the Carnegie Corporation of New York and appropriate the funds into the Library’sDonation Account. The funds will remain in the account until an appropriate project has been identified and brought forward for application of the donation in alignment with library priorities and community needs.
FISCAL IMPACT:
This donation will increase Library Fund revenue and expense by $10,000, which will used for a future Library project.
FUNDING AVAILABLE:
Revenue: $10,000 into 12000000.57702
Expense: $10,000 into 12900000.72450
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868
E
CANNEGIE
LIBRARIESCORPORATION
CF NEW YORK
January t6, zoz6
Lodi Public Library
2o1W. Locust Street
Lodi, CA g124o
Dear Lodi Public Library,
It gives me great pleasure to enclose this check from Carnegie Corporation of NewYork in celebration of the z5oth anniversary of the Declaration of Independence. Andrew Carnegie wrote that libraries are "cradles of democracy" and it has been truly inspiring to hear accounts from across America of how the r35o-plus surviving Carnegie Libraries are serving their communities today.
This gift is freely given without conditions or expectations, you can spend it however you choose for the benefit of your library and community in commemoration of the z5oth anniversary.
The response we have had to our renewed focus on libraries has been overwhelming and overwhelmingly positive. At a time of unprecedented strain to our social cohesion, libraries are among the few public institutions whichllay a genuinely unifying role. Thank you for all the good workyou are doing.
With best regards,
***]xf.,
Dame Louise Richardson
President, Carnegie Corporation of NewYork
437 Modison Avenue, New Yor"k. NY ,I0022 1.212.371.3200 www.cornegie.org ('r '"ll\r.
f '" .rl*\r.,..,-,o { j
869
RESOLUTION NO. 2026-____
A RESO LUTION OF THE LODI CITY COUNCIL ACCEPTING A DONATION
FROM THE CARNEGIE CORPORATION OF NEW YORK IN CELEBRATION OF THE 250TH ANNIVERSARY OF THE DECLARATION OF INDEPENDENCE AND
APPROPRIATING THE FUNDS TO THE LODI PUBLIC LIBRARY DONATION
ACCOUNTS
========================================================================
WHEREAS, the Carnegie Corporation of New York is commemorating the 250th anniversary of the signing of the Declaration of Independence through a nationwide initiative recognizing historic Carnegie libraries; and
WHEREAS, the City of Lodi is home to an original Carnegie library and remains one of the more than 1,350 Carnegie legacy libraries still operating and serving their communities today; and
WHEREAS, in recognition of this milestone anniversary, the Carnegie Corporation of New York has provided a financial gift to the Lodi Public Library; and
WHEREAS, acceptance of donations in excess of $500 requires approval by the Lodi City Council.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby accept the donation from the Carnegie Corporation of New York in the amount of $10,000.00; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to appropriate said funds into the Lodi Public Library donation account 12000000-57702 (Revenue) and 12090000.72450 (Expense) for future use consistent with Library services and community benefit.
Dated: March 4, 2026
========================================================================
I hereby certi fy that Resolution No. 2026-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-_____
870
AGENDA ITEM C.5
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing City Manager to Accept a Donation from the Constance E. Reynolds Trust in the Amount of $25,000 for the Lodi Public Library and Appropriate Funds (LIB) MEETING DATE:
March 4, 2026
PREPARED BY:
Jenni Fontanilla, Library Director
RECOMMENDED ACTION:
Adopt a Resolution authorizing City Manager to accept a donation in the amount of $25,000 from the Constance E. Reynolds Trust for the Lodi Public Library and appropriate funds to the Library’s collection donation account.
BACKGROUND INFORMATION:
The Lodi Public Library serves as a vital community resource, offering books, media, technology, and educational programs for residents of all ages. To support these efforts, the Constance E. Reynolds Trust has generously offered a donation in the amount of $25,000. The donation has no specific designation and will be used to for a future library project. Acceptance of donations over $500 requires City Council approval. Staff recommends that City Council authorize the City Manager to accept the $25,000 donation from the Constance E. Reynolds Trust and appropriate the funds into the Library’sdonation account until an appropriate project for expenditure is identified.
FISCAL IMPACT:
This donation will increase Library Fund revenue and expense by $25,000 and future expenditure, which will be applied once a project has been identified.
FUNDING AVAILABLE:
Revenue: $25,000 into 12000000.57702
Expense: $25,000 into 12090000.72450
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Donna L. Reynotds
Successor Trustee
19441WiLderness Way
Woodbridge, CA 95258
(209)610-6197
January 29,2026
Certified Mai[ - Return Receipt Requested
7018 1130 0000 8374 1369
Lodi Pubtic Library
201 Locust Street
Lodi, CA 9524A
RE: constance E. Reynotds separate property Trust Dated october 1s, zo11 Ladies and genttemen,
Enctosed ptease find Check No. 1031 in the amount of Twenty-Five Thousand Dottars andZero Cents {$25,000-00), made payabte to LoDl PUBLIC LtBRARY. This disrribution from theconstance E. Reynotds Separate Property Trust Dated October 1s,2011, (the ,.Trust,,) is infutl. satisfaction of your beneficiat interest under the terms of the Trust. .
Ptease sign the enctosed Receipt of Document on the tine above "NAME oF BENEFlclARy"and mait the Receipt of Document to me in {he encLosed envel.ope. lf you have anyquestions or comments, ptease do not hesitate to contact me.
Very trutyyours,
Constance E. Reynol.ds Separate
Property Trust Dated October 13,2O11
By
Donna L. Reynotds
Successor Trustee
Enctosures as indicated
872
ln re the
Constance E. Reynolds Separate PropertyTrust
Dated October 13,2011
RECEIPT ON DISTRIBUTION
l, LODI PUBLIC LIBRARY, am one of the beneficiaries of the Constance E. Reynotds Separate Property Trust Dated October 13, 2011(the "Trust").
I hereby acknowtedge receipt of check No. 1031 in the amount of Twenty-Five Thousand Dottars and Zero Cents ($25,000.00)which represents my specific bequest pursuant to the terms of the Trust, distributed to me by Donna L. Reynotds, Trustee of the Constance E.
Reynotds Separate Property Trust Dated October 13,2011, by and through her attorneys at Catone & Harrel Law Group, LLP.
Dated:January 29,2026
SIGNATURE OF BENEFICIARY
t
873
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL ACCEPTING A DONATION IN THE AMOUNT OF $25,000 FROM THE CONSTANCE E. REYNOLDS TRUST
FOR THE LODI PUBLIC LIBRARY AND APPROPRIATING FUNDS
========================================================================
WHEREAS, the Lodi Public Library (“Library”) serves as a vital community resource by providing books, media, technology, educational programs, and access to information for residents of all ages; and
WHEREAS, the Constance E. Reynolds Trust has generously offered a donation in the amount of $25,000 to support the Library; and
WHEREAS, the donation is provided without restriction or specific designation and may be used for a future Library project that benefits the community; and
WHEREAS, pursuant to City policy, acceptance of donations in excess of $500 requires approval by the City Council; and
WHEREAS, staff recommends that the City Council formally accept the donation and appropriate the funds into the Library’s donation account until such time as an appropriate project for expenditure is identified.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City C ouncil does hereby accept the $25,000 donation from the Constance E. Reynolds Trust; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to appropriate said funds into the Lodi Public Library donation account 12000000-57702 (Revenue) and 12900000.72450 (Expense) f or future use consistent with Library services and community benefit.
Dated: March 4, 2026
========================================================================
I hereby certi fy that Resolution No. 2026-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held ___________, 2026, by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-_____
874
AGENDA ITEM C.6
COUNCIL COMMUNICATION
AGENDA TITLE:
Set a Public Hearing for March 18, 2026 to Consider a Motion to Approve the 2025 Housing Element Annual Progress Report and Direct Staff to Transmit the Report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research (CD) MEETING DATE:
March 4, 2026
PREPARED BY:
Cynthia Marsh, Deputy Director/City Planner
RECOMMENDED ACTION:
Set a public hearing for March 18, 2026 to consider motion to approve the 2025 Housing Element Annual Progress Report and direct staff to transmit the report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
BACKGROUND INFORMATION:
The California Department of Housing and Community Development requires all jurisdictions in the state to prepare annual progress reports on implementation of its Housing Element. California Government Code Section 65400 states that the report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The purpose of the 2025 Housing Element Annual Progress Report (2025 APR) is to track and monitor progress in addressing the City’shousing needs, goals, and policies on an annual basis. The 2025 APR summarizes the City’sactivities in the last calendar year related to implementation of the current General Plan Housing Element. This 2025 report will be the second APR for the 6th Cycle Housing Element.
California Government Code Section 65400 requires the City to file an annual report addressing the status of the Housing Element, progress made toward implementing its goals and policies, and progress in meeting its share of the Regional Housing Needs Allocation. The report must be submitted to the California Department of Housing and Community Development (HCD) and the Governor’sOffice of Planning and Research annually by April 1st.
STRATEGIC VISION:
4C. Housing: Continued progress towards Regional Housing Needs Assessment goals.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.
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COUNCIL COMMUNICATION
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876
AGENDA ITEM F.1
COUNCIL COMMUNICATION
AGENDA TITLE:
Public Hearing to Repeal and Replace Resolution No. 2018-111 and Authorize the City of Lodi to Join the Statewide Community Infrastructure Program; Authorize the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Special Assessment Proceedings and Levy Assessments and Special District Taxes and to Form Assessment Districts and Community Facilities Districts Within the Territory of the City of Lodi; Embody the Terms of a Joint Community Facilities Agreement Setting Forth the Provisions for Community Facilities District Financings; Approve Form of Acquisition Agreement for Use When Applicable; and Authorize Related Actions (ED) MEETING DATE:
March 4, 2026
PREPARED BY:
Luis Aguilar, Economic Development Director
RECOMMENDED ACTION:
Public Hearing to repeal and replace Resolution No. 2018-111 and authorize the City to join the Statewide Community Infrastructure Program (SCIP); authorize the California Statewide Communities Development Authority (CSCDA) to accept applications from property owners, conduct special assessment proceedings and levy assessments and special district taxes and to form assessment districts and community facilities districts within the territory of the City of Lodi; embody the terms of a joint community facilities agreement setting forth the provisions for community facilities district financings; approve form of acquisition agreement for use when applicable; and authorize related actions.
BACKGROUND INFORMATION:
CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. Over 500 cities, counties and special districts throughout California are members of CSCDA, including the City of Lodi.
SCIP was instituted by CSCDA in 2002 to allow owners of property in participating cities and counties to finance the development related fees that would be payable by property owners upon receiving development entitlements or building permits through a pooled special assessment districts program and later expanded to include financing of public capital improvements constructed by developers and public services necessary to support development in the City, as provided for in the proposed Resolution. Since its inception SCIP has issued over $1 billion in land secured special assessment and CFD bonds for development projects in California.
The City of Lodi joined SCIP in 2018 as authorized by Resolution No. 2018-111. Now it is before the City Council to consider modifications to its SCIP participation to modernize the legal documentation.
If a property owner applies to participate in SCIP, and the City approves the application, the selected public capital improvements, facilities and/or development related fees owed to the City will be financed by the issuance of bonds by CSCDA. Property owners, in consultation with the City and the SCIP team, can opt to City of Lodi Printed on 2/26/2026Page 1 of 3
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COUNCIL COMMUNICATION
issuance of bonds by CSCDA. Property owners, in consultation with the City and the SCIP team, can opt to have CSCDA form either an assessment district or a community facilities district. CSCDA determines whether the project will be included in the SCIP pool program (where no one developer within the SCIP pool is responsible for the payment related to any other project) or, depending on the projected bond sizing and other factors, implemented as a stand-alone financing. In either case, CSCDA will form the appropriate district and impose an assessment or special tax, as applicable, on the owner’sproperty to repay the portion of the bonds issued to finance public capital improvements, facilities and/or development related fees.
With respect to the financing of development related fees, the property owner will either pay the development fees at the time of permit issuance and will be reimbursed from the SCIP bond proceeds when the SCIP bonds are issued, or the fees will be funded directly from the proceeds of the SCIP bonds. In both cases, the fees are subject to requisition by the City at any time to make authorized fee expenditures, and the City is never at risk for payment of its fees. If the property owner is required to construct improvements to be dedicated to the City, the proposed Resolution includes a form of acquisition agreement to be used when such improvements are funded with SCIP bond proceeds, which outlines how a developer will be reimbursed for improvements as they are certified complete by the City.
The benefits of SCIP to the property owner include:
· Only property owners who choose to participate in the program will have assessments or special taxes imposed on their property.
· Instead of paying cash for public capital improvements and/or development related fees, the property owner receives low-cost, long-term tax-exempt financing of those fees, freeing up capital for other purposes.
· The property owner can choose to pay off the assessments or special taxes at any time. · For home buyers, paying for the costs of public infrastructure through an assessment or special tax is superior to having those costs "rolled" into the cost of the home. Although the tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify. Moreover, because the assessment/special tax financing is at tax-exempt rates, it typically comes at lower cost than mortgage rates. · Owners of smaller projects, both residential and commercial, can have access to tax-exempt financing of infrastructure. Before the inception of SCIP, only projects large enough to justify the formation of an assessment or community facilities district had access to tax-exempt financing. SCIP can finance projects as low as $500,000, which would not be economical on a stand-alone basis.
The benefits of SCIP to the City include:
· As in conventional assessment district and CFD financing, the City is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties. · CSCDA handles all district formation, district administration, bond issuance and bond administration functions. A participating city, county or special district can provide tax-exempt financing to property owners through SCIP while committing virtually no staff time to administer the program. · Providing tax-exempt financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development related fees on new development. Many developers rely on assessment district or CFD financing through SCIP in making the decision to purchase land, thereby improving the City’s competitive advantage in attracting new development. · The availability of financing will encourage developers to pull permits and pay fees in larger blocks, City of Lodi Printed on 2/26/2026Page 2 of 3
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· The availability of financing will encourage developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time. As part of the entitlement negotiation process, the possibility of tax-exempt financing of fees can be used to encourage a developer to pay fees up front.
· In some cases, the assessments or special taxes on successful projects can be refinanced through refunding bonds. Savings achieved through a refinancing may be directed to lower property taxes subject to applicable federal tax limitations.
The proposed Resolution repealing and replacing Resolution 2018-111 authorizes CSCDA to accept applications from owners of property within our planning jurisdiction to apply for tax-exempt financing of public capital improvements and development related fees through SCIP. It also authorizes CSCDA to form assessment districts and community facilities districts within the City’sboundaries, conduct assessment and special tax proceedings and levy assessments and special taxes against the property of participating owners.
The authorization of CSCDA to form assessment districts within the City’sboundaries, conduct assessment proceedings, and levy assessments against the property of participating owners previously approved by this City Council would remain in effect.
In addition to the funding of public capital improvements and development related fees, the proposed Resolution authorizes CSCDA to form community facilities districts within the City’sboundaries to levy special taxes to fund public services necessitated by new development projects, if approved by the participating property owner. Similar to the funding of public capital improvements and development related fees, once an application is received by the participating property owner and approved by the City, CSCDA handles all district formation and district administration. CSCDA will coordinate with the City annually to prepare the budget for the levy, and will levy and collect the special taxes for disbursement to the City when collected.
The proposed Resolution further embodies the terms of a joint community facilities agreement to be entered into between CSCDA and the City for each community facilities district, setting provisions for collection and application of the special tax for use when a community facilities district is formed and approves the form of an acquisition agreement to be entered into between the City and the participating property owner/developer to provide the procedure for disbursement of bond proceeds to pay for facilities constructed by the property owner/developer. It also authorizes miscellaneous related actions and makes certain findings and determinations required by law.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.
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RESOLUTION NO. 2018- 111
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM;
AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT SPECIAL ASSESSMENT PROCEEDINGS
AND LEVY ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF LODI; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority ( the Authority") is a joint exercise of powers authority the members of which include numerous cities and counties in the State of California, including the City of Lodi ( the " City"); and WHEREAS, the Authority has established the Statewide Community Infrastructure Program (" SCIP") to allow the financing of certain development impact fees ( the " Fees") levied in accordance with the Mitigation Fee Act ( California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements ( collectively, the " Fee Act") through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 ( Streets and Highways Code Sections 10000 and following) ( the " 1913 Act") and the issuance of improvement bonds ( the Local Obligations") under the Improvement Bond Act of 1915 ( Streets and Highways Code Sections 8500 and following) ( the " 1915 Act") upon the security of the unpaid special assessments; and
WHEREAS, SCIP will also allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency ( the " Improvements"); and
WHEREAS, the City desires to allow the owners of property being developed within its jurisdiction (" Participating Developers") to participate in SCIP and to allow the Authority to conduct assessment proceedings under the 1913 Act and to issue Local Obligations under the 1915 Act to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such assessments; and
WHEREAS, in each year in which eligible property owners within the jurisdiction of the City elect to be Participating Developers, the Authority will conduct assessment proceedings under the 1913 Act and issue Local Obligations under the 1915 Act to finance Fees payable by such property owners and Improvements and, at the conclusion of such proceedings, will levy special assessments on such property within the territory of the City; and WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with such assessment proceedings (the ROI"), a copy of which is attached hereto as Exhibit A, and the territory within which assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the City' s official boundaries of record at the time of adoption of each such ROI ( the " Proposed Boundaries"), and reference is hereby made to such boundaries for the plat or map required to be included in this Resolution pursuant to Section 10104 of the Streets and Highways Code; and
880
WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement ( the " Acquisition Agreement'), a copy of which is attached hereto as Exhibit B, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and WHEREAS, pursuant to Government Code Section 6586. 5, notice was published at least five days prior to the adoption of this resolutionat a public hearing, which was duly conducted by this Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees.
NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Lodi as follows:
Section 1. The City hereby consents to the conduct of special assessment proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that
1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
2) The ParticipatingDevelopers, who shall be the legal owners of such property, executea writtenconsentto the levy of assessmentin connectionwith SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.
Section 2. The City herebyfinds and declaresthat the issuanceof bonds by the Authority in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City.
Section 3. The Authority has prepared and will update from time to time the " SCIP Manual of Procedures" ( the " Manual"), and the City will handle Fee revenues and funds for Improvements for properties participating in SCIP in accordance with the procedures set forth in the Manual.
Section 4. The form of AcquisitionAgreementpresentedto this meetingis hereby approved, and the Mayor is authorized to execute and the City Clerk is authorized to attest the execution of a completed Acquisition Agreement in substantially said form and pertaining to the Improvementsbeingfinancedon behalfof the applicableParticipatingDeveloper.
Section 5. The appropriate officials and staff of the City are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the City and/ or who are conditioned to install Improvements and to informsuch ownersof their optionto participatein SCIP; provided, that the Authorityshall be 881
responsible for providing such applications and related materials at its own expense. The staff persons listed on the attached Exhibit C, together with any other staff persons chosen by the City Manager from time to time, are hereby designated as the contact persons for the Authority in connection with the SCIP program.
Section 6. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such closing certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by Bond Counsel in connection with the participation in SCIP of any districts, authorities or other third -party entities entitled to own Improvements and/or to levy and collect fees on new development to pay for public capital improvements within the jurisdiction of the City, as are reasonably required by the Authority in accordance with the Manual to implement SCIP for Participating Developers and to evidence compliance with the requirements of federal and State law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP. To that end, and pursuant to Treasury Regulations Section 1.150-2, the staff persons listed on Exhibit C, or other staff person acting in the same capacity for the City with respect to SCIP, are hereby authorized and designated to declare the official intent of the City with respect to the public capital improvements to be paid or reimbursed through participation in SCIP.
Section 7. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority.
Date: June 6, 2018
I hereby certify that Resolution No. 2018-111 was passed and adopted by the Lodi City Council in a regular meeting held June 6, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mounce NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
J NNIFER . FERRAIOLO
City Clerk
2018- 111
882
Exhibit A
APPENDIX I
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY TO FINANCE IMPROVEMENTS AND/ OR THE
PAYMENT OF DEVELOPMENT IMPACT FEES FOR PUBLIC CAPITAL
IMPROVEMENTS IN THE PROPOSED ASSESSMENT DISTRICT NO.
COUNTY OF , CALIFORNIA), APPROVING A PROPOSED BOUNDARY
MAP, MAKING CERTAIN DECLARATIONS, FINDINGS AND DETERMINATIONS
CONCERNING RELATED MATTERS, AND AUTHORIZING RELATED ACTIONS IN
CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the " 1913 Act"), being Division 12 (commencingwith Sections10000andfollowing) of the CaliforniaStreetsandHighwaysCode, the Commission (the Commission") of the California StatewideCommunitiesDevelopmentAuthority (the "Authority") intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees for public capitalimprovements (the "Fees") andto financecertainpubliccapitalimprovementstobeconstructedbyor onbehalf of thepropertyowner(s) and to be acquiredby the or another local agency (the " Improvements"), both of which aredescribedin Exhibit A attachedheretoandby thisreferenceincorporatedherein, andall of which areof benefitto the property within the proposed Assessment District No. ( County of ; California) ( the " Assessment District"); and
WHEREAS, theCommissionfindsthatthelandspeciallybenefitedbytheFeesandImprovementsis shown within the boundaries of the map entitled " Proposed Boundaries of Assessment District No. ( County of California)," acopyof whichmapis onfilewith theSecretaryandpresentedtothisCommissionmeeting, anddeterminesthatthelandwithintheexteriorboundariesshownonthemapshallbedesignated "AssessmentDistrict No. ( County of, California)";
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities DevelopmentAuthority herebyfinds, determinesandresolvesasfollows:
The above recitals are true and correct, and the Commission so finds and determines.
2. Pursuantto Section2961of theSpecialAssessmentInvestigation, LimitationandMajorityProtestAct of 1931 ( the " 1931 Act"), being Division 4 (commencing with Section 2800) of the California Streets and Highways Code, theCommissionherebydeclaresits intentto complywith therequirementsof the1931Act bycomplyingwith Part7.5 thereof.
3. The Commission has or will designate a registered, professional engineer as Engineer of Work for this project, andherebydirectssaidfirmto preparethereportcontainingthemattersrequiredbySections2961(b) and10204 of the StreetsandHighwaysCode, assupplementedby Section4 of Article XIIID of theCaliforniaConstitution.
4. The proposedboundarymapof theAssessmentDistrict is herebyapprovedandadopted. Pursuantto Section3111of theCaliforniaStreetsandHighwaysCode, theSecretaryof theAuthorityis directedto fileacopyof the mapin theoffice of the CountyRecorderof the Countyof within fifteen ( 15) days of the adoption of this resolution.
5. TheCommissiondeterminesthatthecostof theFeesandImprovementsshallbespeciallyassessed againstthelots, piecesorparcelsof landwithintheAssessmentDistrictbenefitingfromthepaymentof theFeesandthe provision of the Improvements. The Commission intends to levy a special assessmentupon such lots, pieces or parcels in accordancewith thespecialbenefitto bereceivedby eachsuchlot, pieceor parcelof land, respectively, from the payment of the Fees and the provision of the Improvements. 883
6. The Commissionintends, pursuantto subparagraph (0 of Section10204of the CaliforniaStreetsand Highways Code, to provide for an annual assessment upon each of the parcels of land in the proposed assessment district to payvariouscostsand expensesincurred from time to time by the Authority and not otherwisereimbursedto the Authority which result from the administration and collection of assessmentinstallments or from the administration or registrationof theimprovementbondsandthevariousfundsandaccountspertainingthereto.
7. Bonds representingunpaid assessments, and bearinginterestat a rate not to exceedtwelvepercent 12%) perannum, will beissuedin the mannerprovidedby theImprovementBond Act of 1915 (Division 10, Streetsand HighwaysCode), andthelastinstallmentof thebondsshallmaturenotto exceedthirty (30) yearsfromtheseconddayof September next succeeding twelve ( 12) months from their date.
8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11. 1, Division 10, of the Streets and Highways Code of the State of California.
9. Neither the Authority nor anymemberagencythereofwill obligateitself to advanceavailablefunds fromits or their ownfundsor otherwiseto cureanydeficiencywhichmayoccurin thebondredemptionfund. A determinationnottoobligateitselfshallnotpreventtheAuthorityoranysuchmemberagencyfrom, initssolediscretion, so advancing funds.
10. The amountof anysurplusremainingin theimprovementfund afterpaymentof the Fees, acquisition of the Improvements and payment of all claims shall be distributed in accordance with the provisions of Section 10427.1 of the Streets and Highways Code.
11. To theextentanyFeesarepaidto theAuthorityin cashwithrespecttopropertywithintheproposed AssessmentDistrict prior to thedateof issuanceof thebonds, theamountssopaidshallbereimbursedfrom theproceeds of the bondsto thepropertyowneror developerthat madethepayment.
End of Form of Resolution of Intention]
2 884
Exhibit B
ACQUISITION AGRUEM17NI
Recitals
A. The parties to this Acquisition Agreement ( the " Agreement") are the , ( the " Local Agency"), and [DEVELOPER], a [here indicate type of legal entity] ( the " Developer").
B. The effective date of this Agreement is , 20.
C. The Developerhas appliedfor financingof certainpublic capitalimprovements (the "Acquisition Improvements") andcapitalfacilitiesfeesthoughtheStatewideCommunityInfrastructureProgram ("SCIP") administered by the California StatewideCommunitiesDevelopmentAuthority (the "Authority") and such application has been approved by the Local Agency.
D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by theprovisionsof theSCIPManualof Proceduresasit maybeamendedfrom timeto time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.
E.
Under SCIP, theAuthority intendsto issuebondsto fund, amongother things, all or a portion of the costs of the Acquisition Improvements, and the portion of the proceeds of such bonds allocable to the cost of the AcquisitionImprovementsto be constructedandinstalledby theDeveloper, togetherwith interestearnedthereonprior to such acquisition, is referred to herein as the " Available Amount".
F. SCIPwill provide financingfor theacquisitionby theLocal Agencyof theAcquisition Improvements and the payment of the Acquisition Price ( as defined herein) of the Acquisition Improvements from the Available Amount.
Attached hereto as Exhibit A are descriptions of the Acquisition Improvements, which descriptions are subject to modificationbywrittenamendmentof thisAgreement, subjectto theapprovalof theAuthority.
G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.
H.
Any andall monetaryobligationsof theLocalAgencyarisingout of thisAgreementarethe specialand limited obligationsof the Local Agencypayableonly from theAvailableAmount, andno other fundswhatsoeverof the Local Agency shall be obligated therefor.
I. In consideration of Recitals A through H, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agreeas stated below.
ARTICLE I
DEFINITIONS: ASSE, SSMENT DISTRICi'_ FORIvLtATION AND
FINANCING PLAN
Section 1. 01. Dcfiniliuns. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
AcceptableTide" meansfreeandclearofallmonetaryliens, encumbrances, assessments, whetheranysuchitem isrecordedorunrecorded, andtaxes, exceptthoseitemswhicharereasonablydeterminedbytheLocalAgencyEngineer in his sole discretion not to interfere with the intended use and therefore are not required to be cleared from the title. 1- 1
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Acquisition Improvements" shall have the meaning assigned to such term in Recital C and are described in Exhibit A.
Acquisition Price" means the amount paid to the Developer upon acquisition of all of the Acquisition Improvements as provided in Section 2. 03.
Actual Cost" meansthe cost of constructionof all of the Acquisition Improvements, asdocumentedby the Developerto the satisfactionof theLocalAgency, ascertifiedby theLocalAgencyEngineerin anActual CostCertificate.
Actual Cost Certificate" shall mean a certificate prepared by the Developer detailing the Actual Cost of all of theAcquisitionImprovementto beacquiredhereunder, asrevisedby theLocalAgencyEngineerpursuantto Section2.03.
Agreement" means this Acquisition Agreement, dated as of 120—.
Assessment District" means the assessment district established by the Authority pursuant to SCIP which includesthe Developer's property for which theAcquisitionImprovementsarebeingfunded.
Authority" meanstheCaliforniaStatewideCommunitiesDevelopmentAuthority.
AvailableAmount" meansthe amount of funds depositedin the DeveloperAcquisition Account by the Authority pursuant to SCIP, together with any interest earnings thereon.
Code" means the Streets and Highways Code of the State of California.
Developer" means [Developer], a [hereindicatetypeof legalentity].
Developer] AcquisitionAccount" meanstheaccountbythatnameestablishedby theAuthoritypursuantto SCIP for the purpose of paying the Acquisition Price of the Acquisition Improvements.
Local Agency" means the
Local AgencyEngineer" meansthe Director of Public Works of the Local Agency (the "Director") or the designeeof the Director, who will be responsiblefor administeringthe acquisitionof the Acquisition Improvements hereunder.
Project" meansthelanddevelopmentprogramof theDeveloperpertainingto theDeveloper'spropertyin the AssessmentDistrict, including the designand constructionof theAcquisition Improvementsand the other public and privateimprovementsto beconstructedby the Developerwithin or adjacentto theAssessmentDistrict.
SCIP" meanstheStatewideCommunityInfrastructureProgramof theAuthority.
SCIP Requisition" means a requisition for payment of funds from the [ Developer] Acquisition Account in substantially the form attached hereto as Exhibit B.
SCIPTrust Agreement" meansthe Trust Agreemententeredinto by theAuthority and the SCIPTrusteein connection with the financing for the Acquisition Improvements.
SCIP Trustee" means Wells Fargo Bank, National Association, as trustee under the SCIP Trust Agreement.
Title Documents" means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrumentnecessaryto transfertitletoanyrealpropertyorintereststherein (includingeasements) necessaryorconvenient to the operation, maintenance, rehabilitationandimprovementby the Local Agencyof that Acquisition Improvement including, if necessary, easementsfor ingressandegress) andaBill of Saleor similarinstrumentevidencingtransferof title to thatAcquisition Improvement (other thansaidrealpropertyinterests) to theLocalAgency, whereapplicable. 1- 2
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Section 1. 02. Participation in SLIP . Developer has applied for financing through SCIP of the Acquisition Improvementsand capital facilities fees, and such applicationhas been approvedby the Local Agency.
DeveloperandLocal Agencyagreethat until andunlesssuchfinancingis completedby theAuthority andtheAvailable Amount is depositedin the DeveloperAcquisitionAccount, neithertheDevelopernor the Local Agencyshallhaveany obligations under this agreement. Developer agreesto cooperatewith the Local Agency and the Authority in the completion of the SCIP financing for the Acquisition Improvements.
Section 1.03. De osit and UZLe of Av ' 1 n .
a) Upon completionof theSCIPfinancing, theAvailableAmount will bedepositedby theAuthority in the [ Developer] Acquisition Account.
b) The Authority will causethe SCIP Trustee to establish and maintain the [Developer] Acquisition Account for the purpose of holding all funds for the Acquisition Improvements. All earningson amountsin the Developer] Acquisition Account shall remain in the [ Developer] Acquisition Account for use as provided herein and pursuantto SCIP. The amountsin the [Developer] Acquisition Account shallbe withdrawn by the Local Agencyin accordance with SCIP procedures upon completion of the Acquisition Improvements within 30 days ( or as soon thereafter asreasonablypracticable) of receiptby theLocalAgencyof the certificationof the Local AgencyEngineerrequiredby Section 2.03 of this Agreement, and subject to satisfaction of all other conditions precedent to such acquisition pursuant to Section2.04of thisAgreement, to paytheAcquisitionPriceof suchcompletedAcquisitionImprovements, asspecified in ArticleII hereof. Uponcompletionof allof theAcquisitionImprovementsandthepaymentof allcoststhereof, any remainingfundsin the [Developer] AcquisitionAccount (lessanyamountdeterminedbytheLocalAgencyasnecessary to reservefor claimsagainstsuchaccount) (i) shallbe appliedto pay the costsof anyadditionalimprovementsor fees eligiblefor acquisitionwith respectto the Project as approvedby the Authority and, to the extent not so used, and thereafter (ii) shallbe appliedby theAuthorityasprovidedin Section10427.1 of theCodeto paya portionof the assessmentsleviedon theProjectpropertyin theAssessmentDistrict. ct onSection 1. 04. Local a i& Local A ' rt eti n• Nit ffc Agreements. In noeventshallanyactualor allegedactbytheLocalAgencyor anyactualorallegedomissionor failureto actbytheLocalAgencywithrespectto SCIPsubjecttheLocalAgencytomonetaryliabilitytherefor. Further, nothingin thisAgreementshallbeconstruedasaffectingtheDeveloper'sor theLocalAgency's dutyto performtheirrespective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements relatedtotheProject, whichobligationsareandshallremainindependentof theDeveloper'sandtheLocalAgency'srights and obligations under this Agreement.
ARTICLE II
ESIG CON1= UCTION AND ACQUISITION 01; AUUTSITION IMPROVEMTNTS.
Section 2. 01. Letting and Admin ' st ntr c s. The parties presently anticipate that theDeveloperhasawardedandadministeredorwillawardandadministerengineeringdesigncontractsfortheAcquisition Improvementsto beacquiredfromDeveloper. All eligibleexpendituresof theDeveloperfor designengineeringand relatedcostsin connectionwiththeAcquisitionImprovements (whetherasanadvanceto theLocalAgencyor directlyto the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shallbeentitledtoreimbursementfor anydesigncostsof theAcquisitionImprovementsonlyoutof theAcquisitionPrice asprovidedin Section2.03 and shall not be entitled to any paymentfor designcostsindependentof or prior to the acquisition of Acquisition Improvements.
Section 2. 02. .] rAdministration ... Construction Contracts. State law requires that all AcquisitionImprovementsnot completedprior to theadoptionof theAuthority's Resolutionof Intentionshallbe constructedasif theywereconstructedunderthedirectionandsupervisionof theLocal Agency. The Developeragrees this requires the payment of prevailing wages as specified by the Labor Code of the State of California. The Developer agreesto comply with this requirement and to certify such compliance to the Local Agency in its Actual Cost Certificates, andto complywith anyguidelinesprovidedby theLocalAgencyfor lettingandadministeringcontracts. The Developer's 1- 3
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indemnificationobligationsetforth in Section3.01of thisAgreementshallalsoapplyto anyallegedfailureto complywith the requirements of this Section, and/ or applicable Statelaws regarding public contracting and prevailing wages.
Section 2. 03. Salcof Acquisition Improvements. The Developer agreesto sell to the Local Agency theAcquisition Improvementsto beconstructedby Developer (includinganyrights-of-wayor other easementsnecessary for theoperationandmaintenanceof theAcquisitionImprovements, to theextentnot alreadypubliclyowned) whensuch Acquisition Improvements are completed to the satisfaction of the Local Agency for an amount not to exceed the lesser of ( i) the Available Amount or ( ii) the Actual Cost of the Acquisition Improvements. Exhibit A, attached hereto and incorporated herein, contains a list of each Acquisition Improvement. At the time of completion of each Acquisition Improvement, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate and executed Title Documents for the transfer of the Acquisition Improvement, where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and the related Acquisition Improvement, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost ( or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If such further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items, and such determination shall be final and conclusive.
In the eventthat the Actual Cost is in excessof theAvailableAmount, the Local Agencyshallwithdraw the Available Amount from the [ Developer] Acquisition Account and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the [Developer] Acquisition Account equal to the Actual Cost, and shall transfersaid amount to the Developer. Any amountsthen remaining in the [Developer] Acquisition Account shall be applied asprovided in Section 1.03.
In no eventshallthe LocalAgencybe requiredto paythe Developermore than the amounton depositin the Developer] Acquisition Account at the time such payment is requested.
Section 2. 04. Conditions Precedent to PaYmeat of Acquisition Price. Payment by the Local Agency to the Developer from the [ Developer] Acquisition Account of the Acquisition Price for an Acquisition Improvementshallbeconditionedfirst upon thedeterminationof theLocalAgencyEngineer, pursuantto Section2.03, that suchAcquisition Improvementis all completeand readyfor acceptanceby the Local Agency, and shallbe further conditioned upon prior satisfaction of the following additional conditions precedent:
a) The Developer shall have provided the Local Agency with lien releasesor other similar documentationsatisfactoryto the LocalAgencyasevidencethat thepropertywhich is subjectto thespecialassessment liens of the AssessmentDistrict is not subjectto any prospectivemechanicslien claim respectingthe Acquisition Improvements.
b) All dueandpayablepropertytaxesandinstallmentsof specialassessmentsshallbecurrenton property owned by the Developer or under option to the Developer that is subject to the special assessmentliens of the Assessment District.
C) The Developershallcertifythat it is not in defaultwith respectto anyloan securedby anyinterest in the Project.
1) TheDevelopershallhaveprovidedtheLocalAgencywithTitleDocumentsneededtoprovidethe Local Agencywith title to the site, right-of-way, or easementupon which the subjectAcquisition Improvementsare situated. All suchTide Documentsshallbein aform acceptableto theLocalAgency (or applicablegovernmentalagency) andshallconveyAcceptableTide. The Developershallprovide apolicy of tide insuranceasof the dateof transferin a form acceptableto theLocal AgencyEngineerinsuringtheLocal Agencyasto theinterestsacquiredin connectionwith theacquisitionof anyinterestfor which suchapolicy of tideinsuranceis not requiredby anotheragreementbetweenthe LocalAgencyandtheDeveloper. Eachtideinsurancepolicyrequiredhereundershallbein the amountequalto or greater than the Acquisition Price.
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Section 2. 05. SCM& q tisition. Upon adeterminationby theLocalAgencyEngineerto paythe AcquisitionPriceof theAcquisition Improvementspursuantto Section2.04, theLocal AgencyEngineershallcausea SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisitionand forwardit with instructionsto the SCIPTrusteeandtheSCIPTrusteeshallmakepaymentdirectlyto theDeveloperof suchamountpursuantto theSCIPTrust Agreement. The LocalAgencyandthe Developer acknowledge and agree that the SCIP Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costsmaybewith respectto suchAcquisition Improvements. The SCIPTrusteeshallbeentitledto rely on the SCIP Requisition on its face without any further duty of investigation.
ARTICLE III
MISCELLANEOUS
Section3. 01. Indernni5catinn and Hold FIarmless: The Developer hereby assumesthe defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of its respective officers, directors, employeesandagents, from andagainstall actions, damages, claims, lossesor expensesof everytypeand descriptionto which theymaybesubjectedor put, by reasonof, or resultingfrom or allegedto haveresultedfrom theactsor omissions of theDeveloperor its agentsandemployeesin theperformanceof thisAgreement, or arisingout of anycontractfor the design, engineeringandconstructionof theAcquisitionImprovementsor arisingout of anyallegedmisstatementsof fact or allegedomissionof amaterialfactmadeby theDeveloper, its officers, directors, employeesor agentsto theAuthority's underwriter, financial advisor, appraiser, district engineeror bond counselor regardingthe Developer, its proposed developments, itspropertyownershipandits contractualarrangementscontainedin theofficialstatementrelatingtothe SCIPfinancing (provided that the Developershallhavebeenfurnisheda copy of suchofficial statementand shallnot haveobjectedthereto); andprovided, further, thatnothinginthisSection3.01shalllimitin anymannertheLocalAgency's rights against any of the Developer' s architects, engineers, contractors or other consultants. Except as set forth in this Section3.01, no provision of thisAgreementshallin anywaylimit the extentof theresponsibilityof theDeveloperfor paymentof damagesresultingfrom the operationsof theDeveloper, its agentsandemployees. Nothing in this Section
3.01shallbeunderstoodor construedto meanthattheDeveloperagreestoindemnifytheLocalAgency, theAuthority or anyof its respectiveofficers, directors, employeesor agents, for anynegligentor wrongful actsor omissionsto actof theLocalAgency, Authority its officers, employees, agentsor anyconsultantsor contractors.
Section 3. 02. Audit. The Local Agencyshallhavethe right, during normal businesshours and upon thegivingof tendays' written noticeto theDeveloper, to reviewall booksandrecordsof theDeveloperpertaining to costsand expensesincurred by the Developer (for which the Developer seeksreimbursement) in constructingthe Acquisition Improvements.
Section 3. 03. Cooperation. The LocalAgencyandtheDeveloperagreeto cooperatewith respect to thecompletionof the SCIPfinancingfor theAcquisition Improvements. The LocalAgencyandthe Developeragree tomeetingoodfaithtoresolveanydifferencesonfuturematterswhicharenotspecificallycoveredbythisAgreement.
Section 3. 04. general. Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shallbedeemedtorequirethatsuchconsent, approvaloracceptancenotbeunreasonablywithheldor delayed, unlesssuch provisionexpresslyincorporatesa differentstandard. The foregoingprovisionshallnot applyto provisionsin the Agreementwhich providefor decisionsto bein the solediscretionof thepartymakingthe decision.
Section 3. 05. Third PartyBeneficiaries. The Authority andits officers, employees, agentsor any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section3.01. It is expresslyagreedthat, exceptfor theAuthority with respectto theprovisionsof Section3.01, there areno third party beneficiariesof this Agreement, includingwithout limitation any ownersof bonds, any of the Local Agency'sor theDeveloper'scontractorsfor theAcquisitionImprovementsandanyof theLocalAgency's, theAuthority's or the Developer' s agents and employees.
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Section 3. 06. Conflict with Uther \ greements. Nothing contained herein shall be construed as releasingtheDeveloperor theLocal Agencyfrom anycondition of developmentor requirementimposedby anyother agreementbetweentheLocalAgencyandtheDeveloper, and, in theeventof aconflictingprovision, suchotheragreement shallprevailunlesssuchconflicting provision is specificallywaivedor modifiedin writing by the Local Agencyandthe Developer.
Section 3. 07. Notices. All invoicesfor payment, reports, othercommunicationandnoticesrelating to this Agreement shall be mailed to:
If to the Local. Ageno:
Director of Public Works
Address]
If to the Develop:.
Developer]
Address to Come]
Either party maychangeits addressby givingnoticein writing to the other party.
Section 3. 08. Severability. If anypart of thisAgreementis heldto beillegalor unenforceableby a court of competentjurisdiction, the remainderof this Agreementshallbe given effect to the fullest extentreasonably possible.
Section 3. 09. Governing; Law. This Agreement and any dispute arising hereundershall be governed by and interpreted in accordance with the laws of the State of California.
Section 3. 10. Waiver. Failure by a party to insist upon the strict performanceof any of the provisionsof thisAgreementby the otherparty, or thefailureby apartyto exerciseits rightsupon the defaultof theother party, shallnot Constituteawaiverof suchparty'sright to insistanddemandstrict complianceby theotherpartywith the terms of this Agreement.
Section 3. 11. Sinkular._ d Plural; Gende . As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
Section 3. 12. Counterparts.. ThisAgreementmaybeexecutedin counterparts, eachof whichshall be deemed an original.
Section 3. 13. , Successorsand Assns. This Agreementis binding upon the heirs, assignsand successors -in -interestof the partieshereto. The Developermaynot assignits rights or obligationshereunder, exceptto successors -in -interestto thepropertywithintheDistrict, withoutthepriorwrittenconsentof theLocalAgency.
Section 3. 14. Rcmedieti_in General. It is acknowledgedby thepartiesthat theLocalAgencywould not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the applicationthereof, other thanfor thepaymentto theDeveloperof any (i) moneysowing to theDeveloperhereunder, or ii) moneyspaidbytheDeveloperpursuantto theprovisionshereofwhicharemisappropriatedorimproperlyobtained, withheld or applied by the Local Agency.
In general, eachof the partiesheretomaypursueanyremedyat law or equityavailablefor the breachof any provision of this Agreement, exceptthat the Local Agencyshallnot be liablein damagesto the Developer, or to any 1- 6
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assigneeor transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph.
Subject to the foregoing, the Developer covenants not to sue for or claim any damagesfor any alleged breach of, or dispute which arises out of, this Agreement.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESSWHEREOF, thepartieshaveexecutedthisAgreementasof the dayandyearwritten above.
ATTEST:
City Clerk/ Clerk of the Board
By
By
Mayor/ Board Chair
DEVELOPER],
a [here indicate type of legal entity]
By
1- 8
Signature)
Print Name)
892
Exhibit A to Acquisition Agreement
DESCRIPTION OF ACQUISITION IMPROVEMENTS AND BUDGETED AMOUNTS
ACQUISITION IMPROVEMEN' T'S
BUDGETED AMOUNTS
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893
Exhibit B to Acquisition Agreement
FORM OF SCIP REQUISITION
To: BLX Group LLC
SCIP Program Administrator
777 S. Figueroa St., Suite 3200
Los Angeles, California 90017
Attention: Daniel Chang
Fax: 213- 612- 2499
Re: Statewide Community Infrastructure Program
The undersigned, aduly authorizedofficer of the
DEVELOPER] ACQUISITION ACCOUNT, as follows:
Request Date: [ Insert Date of Request]
Name of Developer: [ Developer]
Withdrawal Amount: [ Insert Acquisition Price]
hereby requests a withdrawal from the
Acquisition Improvements: [ Insert Description of Acquisition Improvement( s) from Ex. A] Payment Instructions: [ Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:
1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.
2. None of theitems for which paymentis requestedhavebeenreimbursedpreviouslyfrom other sourcesof funds.
3. If the Withdrawal Amount is greater than the funds held in the [ Developer] Acquisition Account, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.
4. To theextenttheWithdrawalis beingmadeprior to the datebondshavebeenissuedon behalfof SCIP, this withdrawal form serves as the declaration of official intent of the , pursuant to Treasury Regulations
1.150- 2, to reimburse with respect expenditures made from the Developer Acquisition Account listed above in the amount listed above.
By::
Title:
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894
EXHIBIT C TO FORM OF SLIP RESOLUTION
CONTACTS FOR SCIP PROGRAM
Primary Contact
Name:
Tide:
Mailing Address:
Delivery Address (if different):
E- mail:
Telephone:
Fax:
Secondary Contact
Name:
Tide:
Mailing Address:
Delivery Address (if different):
E- mail:
Telephone:
Fax:
Add additional contacts as needed]
895
EXHIBIT C
CITY OF LODI CONTACTS FOR SCIP PROGRAM
Primary Contact
Name: Craig Hoffman
Title: City Planner
Mailing Address: 221 W. Pine St. Lodi, CA 95240
Delivery Address ( if different):
E- mail: akeys@lodi. gov
Telephone: 209- 333- 6700
Fax:
Secondary Contact
Name: Andrew Keys
Title: Deputy City Manager
Mailing Address: 221 W. Pine St. Lodi, CA 95240
Delivery Address (if different):
E- mail: akeys@lodi. gov
Telephone: 209- 333- 6700
Fax:
896
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING AND REPLACING RESOLUTION NO. 2018-111 AND AUTHORIZING THE CITY OF LODI TO JOIN STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
SPECIAL ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS AND
SPECIAL DISTRICT TAXES AND TO FORM ASSESSMENT DISTRI CTS AND
COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF LODI; EMBODYING THE TERMS OF A JOINT COMMUNITY FACILITIES
AGREEMENT SETTING FORTH THE PROVISIONS FOR COMMUNITY
FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING RELATED
ACTIONS
========================================================================
WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California, including the City of Lodi (the “City”); and
WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and
WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance w ith the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees and charges on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and
WHEREAS, the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State (the “Mello-Roos Act”) is an applicable provision of State law available to, among other things, finance p ublic improvements and public services (“Services”) necessary to meet increased demands placed upon local agencies as a result of development; and
WHEREAS, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of special tax bonds (the “Special Tax Bonds” 897
and, together with the Improvement Bonds, the “Local Obligations”) under the Mello -Roos Act upon the security of the special taxes and to allow the financing of Services through the levy of special taxes under the Mello Roos Act; and
WHEREAS, the City desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts (“CFDs”) and to issue Local Obligations under the Mello-Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of the assessments or special taxes, as applicable; and
WHEREAS, the City desires to allow the Participating Developers to participate in SCIP and to allow the Authority to conduct proceedings and to form CFDs to levy special taxes to finance Services, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes; and
WHEREAS, from time to time when eligible property owners within the jurisdiction of the City elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello-Roos Act and issue Local Obligations under the 1915 Act and the Mello-Roos Act to finance Fees and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the City; and WHEREAS, both the Authority and the City are “local agencies” under the Mello-Roos Act; and
WHEREAS, the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello-Roos Act; and WHEREAS, the City desires to enter into such joint community facilities agreements with the Authority from time to time to authorize the Authority to form CFDs from time to time within the territorial limits of the City to finance Fees, Improvements and Services necessitated by new development; and
WHEREAS, the City has previously presented Resolution No. 2018 -111 of the City Council of the City of Lodi, authorizing the City to join the Statewide Community Infrastructure Program; authorizi ng the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Lodi; approving form of acquisition agreement for use when applicable; and authorizing related actions (the “Original Resolution”), and such Original Resolution was adopted on June 6, 2018; and
WHEREAS, the City now wishes to repeal and replace the Original Resolution; and WHEREAS, there has been presented t o this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings (the “ROI”), a copy of which is attached hereto as Exhibit A, and the territory within which assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the City’s official boundaries of record at the time of adoption of such ROI, and reference is hereby made to such boundaries for the plat or map required to be included 898
in this Amended and Restated Resolution pursuant to Section 10104 of the Streets and Highways Code; and
WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), a copy of which is attached here to as Exhibit B, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and
WHEREAS, the City will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and WHEREAS, the Authority periodically issues Local Obligations on be half of the local agency participants in SCIP to provide financing for the Fees and Improvements; and WHEREAS, where the Authority determines a project is eligible for a SCIP pooled issuance, the Authority issues revenue bonds pursuant to the Marks -Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”) concurrently with the issuance of Local Obligations, the proceeds of which are used to purchase the Local Obligations; and WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this Amended and Restated Resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as follows:
Section 1. This Resolution repealing and replacing Resolution No. 2018 -111 shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, for the issuance of bonds by the Authority from time to time in accordance herewith and the issua nce of any refunding bonds therefor.
Section 2. The City hereby consents to the Authority conducting special assessment proceedings in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the attached ROI; and
(2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.
Section 3. The City hereby consents to the conduct of proceedings by the Authority under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the 899
Agency’s official boundaries of record at the time of such proceedings or any portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of format ion of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello-Roos Act. The City approves the use of the local goals and policies adopted by the Authority under Section 53312.7 of the Mello-Roos Act in connection with the formation of CFDs.
Section 4. CFDs formed by the Authority may finance any or all of the facilities, fees and services authorized under the Mello-Roos Act. The appropriate officials and staff of the City are hereby authorized and directed to cooperate with the Authority and the Authority’s special tax consultant and other consultants to determine facilities, fees and services to be financed within each CFD and to calculate the appropriate level of the special tax to fund the Services for each CFD in connection with initial formation and in connection with the annual levy. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the City are referred to as the “Agency Improvements.” The Fees paid or to be paid to the Agency are referred to as the “Agency Fees”. The Services funded are referred to as “Services”, and Services to be provided by the City are referred to as the “Agency Services”. Improvements, Fees or Services to be owned, used or provided by another local agency (a “Third Party Local Agency”), the Authority will separately identify them in its proceedings and will enter into a joint community facilities agreement with such Third-Party Local Agency as required by the Mello-Roos Act. The City acknowledges that Improvements and Fees will be funded through a CFD only if they are necessary to meet increased demands placed upon the City as a result of development occurring or expected to occur within the proposed CFD and Services will be funded through a CFD only if they are in addition to those provided in the territory of the CFD before the CFD was created and will not supplant existing services. In connec tion with the formation of each CFD, as may be required by the Authority’s procedures, the City shall certify that such requirements are satisfied in form and substance satisfactory to the Authority.
Section 5. This Resolution repealing and replacing Resolution No. 2018-111, sets the terms of a “joint community facilities agreement” (as defined in Section 53316.2 of the Mello Roos Act) between the Agency and the Authority. Adoption of each Resolution of Intention to form a CFD under the Mello -Roos Act to finance Ag ency Improvements, Agency Fees or Agency Services shall constitute acceptance of the terms hereof by the Authority with respect to such CFD. This Resolution and the Authority’s Resolution of Intention for the respective CFDs shall together embody a separate and independent joint community facilities agreement for each CFD formed by the Authority (the “Joint Agreement”). The City Council hereby finds and determines that this resolution and each Joint Agreement are beneficial to the residents/customers of the City and are in the best interests of the residents of the City, and of the future residents of the area within the proposed CFDs.
Section 6. Proceeds from the sale of Local Obligations and CFD special tax proceeds available to finance the Improvements shall be de posited in one or more special funds for each development project (the “Acquisition and Construction Fund”), which the Authority shall establish and maintain for so long as such proceeds remain. The Acquisition and Construction Fund will be available both for Agency Improvements and Agency Fees and for the Improvements and Fees pertaining to each Third-Party Local Agency. Subaccounts shall be created as necessary. The Authority shall promptly provide notice in writing (which may be delivered by electronic means) to the Agency as to the amount of Local Obligation proceeds or special taxes made available to finance Improvements and Fees. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the City and 900
to the other local agencies in the proportions specified in the Authority’s proceedings. The City will apply any such special tax revenues it receives for authorized Agency Improvements, Agency Fees and/or Agency Services, as applicable, and its own administrative costs only as permitted by respective CFD proceedings and by the Mello-Roos Act.
Section 7. As respects the Authority and each Third Party Local Agency, the City agrees to fully administer, and to take full governme ntal responsibility for, the construction or acquisition of the Agency Improvements and for the administration and expenditure of the Agency Fees, as applicable, including but not limited to environmental review, approval of plans and specifications, bid r equirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Third Party Local Agency shall have no responsibility in that regard. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the City to assume any portion or all of this responsibility.
Section 8. The City agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Third Party Local Agency and their officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the Agency Improvements and the improvements to be financed or acquired with the Agency Fees. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the City any portion or all of this responsibility.
Section 9. As respects the Authority and each Third Party Local Agency, the City agrees – once the Agency Improvements are constructed according to the approved plans and specifications, and the Agency and the Participating Developer have put in pl ace their agreed arrangements for the funding of maintenance of the Agency Improvements – to accept ownership of the Agency Improvements, to take maintenance responsibility for the Agency Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the Agency Improvements. The City reserves the right, as respects the Participating Developer, to require the Participating Dev eloper by contract with the City to assume any portion or all of this responsibility.
Section 10. The form of the Acquisition Agreement presented to the City Council, and has been presented to the City Council (the “Joint Agreement”) and the City Manager, Mayor or any such officer’s designee (each, an “Authorized Signatory”) are each individually authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the City in substantially that form, with such changes as shall be approved by the Authorized Signatory after consultation with the City Attorney and the Authority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 11. The terms of this Resolution repealing and replacing Resolution 2018-111 and each Joint Agreement embodied by this Resolution may be amended by a writing duly authorized, executed and delivered by the City and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions 901
for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.
Section 12. Except to the extent of the indemnifications extended to each Third Party Local Agency in each Joint Agreement embodied by this Resolution, and the City’s agreement to take responsibility for and ownership of the Agency Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this Resolution, and nothing in this Resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the City (and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this Resolution.
Section 13. The City hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations, and the issuance of bonds to refund such revenue bonds, in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the City.
Section 14. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” (the “Manual”), and the City will handle bond proceeds and special tax collections for properties participating in SCIP in accordance with the procedures set forth in the Manual.
Section 15. The appropriate officials and staff of the City are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the City and/or who are conditioned to install Improvements and/or whose plans for new development within the City necessitate new or increased levels of Services and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The City shall designate appropriate staff who shall be responsible for coordination with the Authority, and shall provide the appropriate contact information to the Authority from time to time.
Section 16. The Authority will administer the Assessment Districts and CFDs, including employing and paying all consultants, annually levying the assessments and special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requi rements of the United States Internal Revenue Code. The City will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the City to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the Local Obligations and any revenue bonds, although the City will not participate in nor be considered to be a participant in the proceedings respecting the CFDs (other than as a party to each Joint Agreement) nor will the City be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such certificates, requisit ions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third-party entities entitled to own Improvements and/or to levy and collect Fees on new development to pay for public capital improvements within the jurisdiction of the City, as are reasonably required by the Authority in accordance with the Manual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP. Further, all amendments, consents, approvals, 902
notices, orders, requests and other actions permitted or required by thi s Resolution, any Joint Agreement, or any document executed in connection with Local Obligations and revenue bonds issued by the Authority, which may be necessary or desirable in connection with the formation of any Assessment District or CFD, issuance of Local Obligations, or administration of proceeds of Local Obligations or special taxes may be given or taken by any Authorized Signatory or other appropriate official of the City without further authorization by this City Council.
This Resolution repealing and replacing Resolution 2018-111 shall take effect immediately upon its adoption. The City Clerk of the City of Lodi is hereby authorized and directed to transmit a certified copy of this Resolution to the Secretary of the Authority. This Resolution sha ll remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment procee dings has ended or is otherwise terminated. The Original Resolution provisions shall remain in force with respect to any SCIP application approved by the City and any Assessment District formed pursuant to its authority until all Local Obligations have bee n retired and the authority to levy the assessment conferred by any assessment proceedings carried out pursuant to the Original Resolution has ended or is otherwise terminated.
Dated: March 4, 2026
========================================================================
I hereby certi fy that Resolution No. 2026-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-___
EXHIBIT A TO THE RESOLUTION
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
For Assessment Districts Only
903
RESOLUTION NO. __SCIP-
RESOLUTION OF INTENTION OF THE CAL IFORNIA STATEWIDE
COMMUNITIES DEVELOPM ENT AUTHORITY TO FIN ANCE CAPITAL
IMPROVEMENTS AND/OR THE PAYMENT OF DEVEL OPMENT RELATED
FEES FOR PUBLIC CAPI TAL IMPROVEMENTS IN THE PROPOSED
STATEWIDE COMMUNITY INFRASTRUCTURE PROGR AM ASSESSMENT
DISTRICT NO. ___ ([NAME OF PROJECT]) CITY OF LODI, COUNTY OF SAN
JOAQUIN, APPROVING A PROPOSED BOUNDARY MAP, MAKING CERTAIN
DECLARATIONS, FINDIN GS AND DETERMINATION S CONCERNING
RELATED MATTERS, AND AUTHORIZING RELATED ACTIONS IN
CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code (the “Code”), the Commission (the “Commission”) of the California Statewide Communities Development Authority (the “Authority”) intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees, capacity fees and/or other development related charges for public impro vements (the “Improvement Fees”) and/or to finance certain public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [City/County of __] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([ name of project ]) City of Lodi, County of San Joaquin (the “Assessment District”);
WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Dev elopment Authority Statewide Community Infrastructure Program Assessment District No. ___ ([ name of project ]) City of Lodi, County of San Joaquin,” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Lodi, County of San Joaquin”;
WHEREAS, the City of Lodi is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District;
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct.
Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the “1931 Act”), being Division 4 (commencing with Section 2800) of the Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.
Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by 904
Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.
Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of the map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.
Section 5. The Commission determines that the cost of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District bene fiting from the financing of the Improvements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece o r parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.
Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parce ls of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.
Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twenty - nine (29) years from the second day of September next succeeding twelve (12) months from their date.
Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof.
Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.
Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.
Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.
905
PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.
I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.
By
Authorized Signatory
California Statewide Communities
Development Authority
906
EXHIBIT A TO THE RESOLUTION OF INTENTION
DESCRIPTION OF WORK
The payment of development impact fees, capacity fees and/or other development related charges levied within the Assessment District and/or public capital improvements to be acquired and owned by the City of Lodi or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.
PAYMENT OF IMPACT FEES, CAPACITY FEES AND/OR OTHER DEVELOPMENT
RELATED CHARGES
CAPITAL IMPROVEMENTS*
*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management
[End of Form of Resolution of Intention]
907
Exhibit B
ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement (the “Agreement”) are the CITY OF LODI, (the “Local Agency”), and [DEVELOPER], a [ indicate type of legal entity] (the “Developer”).
B. The effective date of this Agreement is ________, 20__.
C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California Statewide Communities Development Authority (the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [ For CFDS:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello -Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following (the “Act”). On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district (the “District”) within the territorial limits of the Local Agency to finance, among other th ings, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Au thority Commission.] [ For Assessment Districts :][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district (the “District”) which will be administered by the Author ity under and pursuant to Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act” and, together with the “1913 Act” the “Act”).]
D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.
E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.
F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized 908
discrete and usable portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to be acquired from the Developer.
G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.
H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.
I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are incorporated into this Agreement for all purposes.
In consideration of Recitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.
Agreement
ARTICLE I
DEFINITIONS; DISTRICT FORMATION AND
FINANCING PLAN
Section 1.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title.
“Acquisition and Construction Fund” means the “City of Lodi Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be com mingled with acquisition and construction fund monies available for other public capital improvements.
“Acquisition Improvement” shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” me ans the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.
“Act” has the meaning ascribed thereto in Recital C.
909
“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for su ch Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is r equired to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cost of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and project ma nagement, administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement.
“Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2.03.
“Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_].
“Authority” means the California Statewide Communities Development Authority.
“Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds.
“Authority Trustee” means the financial institution identified as trustee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E.
“Bonds” means bonds or other indebtedness issued by the Authority as tax -exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District.
“Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns.
“Disbursement Requ est Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof in substantially the form contained in Exhibit B hereto.
“District” shall have the meaning assigned to the term in Recital C. 910
“Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below.
“Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the City of Lodi.
“Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.
“Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District.
[“Special Taxes” means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.]
“Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.
Section 1.02. Participation in SCIP. The Local Agency has adopted a resolution authorizing the Authority to accept applications from time to time of developers within the Local Agency’s jurisdictional boundaries. Developer has appl ied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. [ For CFDs:][The terms of a joint community facilities agreement identifying the Acquisition Improvements and the terms and conditio ns for the District were embodied within the Local Agency Resolution and were accepted by the Authority with respect to the District.] Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition and Construction Fund (as defined in Section
1.03 below), neither the Developer nor the Local Agency shall have any obligations under this Agreement. Developer agrees to cooperate with the Local Agency and the Authorit y in the completion of SCIP financing for the Acquisition Improvements.
Section 1.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition and Construction Fund. (b) The Authority will cause the Authority Trustee to establish and maintain an account (the “Acquisition and Construction Fund”) for the purpose of holding all funds for the Acquisition Improvements. All earnings on amounts in the Acquisition and Construction Fu nd shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II 911
hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining funds i n the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].
Section 1.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Developer’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.
ARTICLE II
DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and administer engineering design contracts for the Acquisition Improvements to be acquired from Developer.
All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.
Section 2.02. Letting and Administration of Construction Contracts; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with any applicable requirements of the Local Agency with respect to the bidding and contracting for the construction of the A cquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wages as required by the Labor Code of the State of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.
Section 2.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights-of-way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement has been constructed a nd is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the 912
Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Ac quisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer.
If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.
Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public a nd private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.
In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition and Construction Fund and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition and Construction Fund equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition and Construction Fund shall be applied as provided in Section 1.03.
In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition and Construction Fund at the time such payment is requested.
Section 2.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvemen t from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rights -of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising 913
the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right -of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the da te of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement betwe en the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.
Section 2.05. SCIP Requisition . Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section 2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the Authority Trustee and the Authority Trustee shall make payment directly to the Developer of such amount pursuant to the Authority Trust Agreement. The Local Agency and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respect to such Acquisition Improvements. The Authority Trustee sha ll be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.
ARTICLE III
MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless . The Developer hereby assumes the defense of, and indemnifies and saves harmless the Loca l Agency, the Authority, and each of its respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resultin g from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Authority's underwriter, financial advisor, appraiser, district engineer or bond counsel or r egarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP financing (provided that the Developer shall 914
have been furnished a copy of such official sta tement and shall not have objected thereto); and provided, further, that nothing in this Section 3.01 shall limit in any manner the Local Agency’s rights against any of the Developer’s architects, engineers, contractors or other consultants.
Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority, its officers, employees, agents or any consultants or contractors.
Section 3.02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days’ written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.
Section 3.03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition Improvements.
The Local Agency and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.
Section 3.04. General Stand ard of Reasonableness . Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.
Section 3.05. Third Party Beneficiaries. The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly agreed that, except for the Authority with respect to the provisions of Section 3.01, there are no third-party beneficiaries of this Agreement, including without limitation any owners of bonds, any of the Local Agency’s or the Developer’s contractors for the Acquisition Improvements and any of the Local Agency’s, the Authority's or the Developer’s agents and employees.
Section 3.06. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.
Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be delivered (via mail or electronic mail) to:
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If to the Local Agency:
City of Lodi
[Address to come]
[Email to come]
If to the Developer:
[Developer]
[Address to come]
[Email to come]
Either party may change its address by giving notice in writing to the other party.
Section 3.08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 3.09. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
Section 3.10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement.
Section 3.11. Singular and Plural; Gender . As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
Section 3.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
Section 3.13. Successors and Assigns . This Agreement is binding upon the heirs, assigns and successors-in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors-in-interest to the property within the District, without the prior written consent of the Local Agency.
Section 3.14. Remedies in General . It i s acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) mon eys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the Local Agency.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.
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IN WITNESS WHEREOF, the parties have executed this A greement as of the day and year written above.
CITY OF LODI
By:
Authorized Signatory
[DEVELOPER],
a [here indicate type of legal entity]
By:
Signature
Print Name
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Exhibit A to the Acquisition Agreement
ACQUISITION IMPROVEMENTS AND THE ELIGIBLE PORTIONS THEREOF
[To be completed based on Final Engineer’s Report/developer’s budget and cash flows]
Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.
ACQUISITION IMPROVEMENTS TOTAL AMOUNT*
[_] ............................................................................................................. $[_] [_] ............................................................................................................. $[_]
* Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.
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Exhibit B to the Acquisition Agreement
FORM OF REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90071
Attention: Vo Nguyen
Fax: 213-612-2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized representative of the CITY OF LODI hereby requests a withdrawal from the [DEVELOPER] ACQUISITION AND CONSTRUCTION FUND, as follows:
Request Date: [Insert Date of Request]
Name of Developer: [Developer]
Withdrawal Amount: [Insert Acquisition Price]
Acquisition Improvements: [Insert Description of Acquisition Improvement(s) from Ex. A]
Payment Instructions: [Insert Wire Instructions or Payment Address for Developer]
The undersigned hereby certifies as follows:
1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.
2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.
3. If the Withdrawal Amount is greater than the funds held in the Acquisition and Construction Fund, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.
CITY OF LODI
By:
Title:
919
AGENDA ITEM G.1
COUNCIL COMMUNICATION
AGENDA TITLE:
Temporary Access Center and Emergency Shelter Quarterly Update (CD) MEETING DATE:
March 4, 2026
PREPARED BY:
Jennifer Rhyne, Neighborhood Services Manager
RECOMMENDED ACTION:
Temporary Access Center and Emergency Shelter quarterly update.
BACKGROUND INFORMATION:
The temporary Lodi Access Center officially opened for operations on July 22, 2022, as an initial phase of the Access Center and Emergency Shelter operations. It is an interim solution until the permanent Access Center facility can be completed. Outreach Ministries International (OMI) took over operations as of November 1, 2024. Operational costs to run the temporary Access Center are funded by grants from Homeless, Housing Assistance, and Prevention (HHAP) and American Rescue Plan Act (ARPA).
In response to City Council’srequest and to ensure the community receives timely and accurate information, City staff and OMI have committed to providing quarterly updates. These updates will include key statistics, performance metrics, success stories, advisory committee information, and challenges encountered. Staff and OMI will also be available to answer any questions from Council or the public.
OMI has provided the following statistics for this update covering two quarters due to timing of Council Meetings and holidays. The two quarters being covered are August 1, 2025 to October 31, 2025 and November 1, 2025 to January 31, 2026.
Statistics August 1, 2025 to October 31, 2025:
Overnight Shelter:
3,249 overnight services provided to 99 clients
47 new clients enrolled to receive overnight and day services 27 clients re-entered to receive overnight and day services Day Use Shelter:
6,783 day services provided to 320 clients
116 new clients enrolled to receive day services only
66 clients re-entered to receive day services only
Services:
Breakfast - 3,197 meals provided to 252 clients
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Lunch - 3,959 meals provided to 259 clients
Showers - 3,833 showers provided to 173 clients
Client Contributions:
51 Clients voluntarily contributed to accomplishing needs at the shelter 284 times (i.e., clothing organization, cleaning, serving meals, etc.)
Transportation:
245 transports provided to 77 clients
** Of these, 19 transports were provided to 16 clients for non-emergency medical needs, helping to reduce the number of ambulance calls.
Success Stories:
Case Management Services:
122 Services Provided
Obtained Employment:
25 clients obtained employment
Transitioned to Housing and/or Sobriety Program:
11 Overnight Shelter clients transitioned into housing
13 Day Use clients transitioned into housing
14 Overnight Shelter clients transitioned into program
4 Day Use clients transitioned into program
Misc. Information:
Street and Shelter Outreach:
295 outreach services provided
72 individuals agreed to complete an HMIS survey
16 individuals agreed to re-engagement and provided an updated HMIS survey Statistics November 1, 2025 to January 31, 2026:
Overnight Shelter:
3,552 overnight services provided to 119 clients
59 new clients enrolled to receive overnight and day services 37 clients re-entered to receive overnight and day services Day Use Shelter:
7,286 day services provided to 306 clients
94 new clients enrolled to receive day services only
51 clients re-entered to receive day services only
Services:
Breakfast - 3,663 meals provided to 229 clients
Lunch - 4,670 meals provided to 251 clients
Showers - 4,057 showers provided to 164 clients
Client Contributions:
38 Clients voluntarily contributed to accomplishing needs at the shelter 286 times (i.e., clothing organization, City of Lodi Printed on 2/26/2026Page 2 of 3
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COUNCIL COMMUNICATION
cleaning, serving meals, etc.)
Transportation:
322 transports provided to 80 clients
** Of these, 22 transports were provided to 19 clients for non-emergency medical needs, helping to reduce the number of ambulance calls.
Success Stories:
Case Management Services:
178 services provided
Obtained Employment:
10 clients obtained employment
Transitioned to Housing and/or Sobriety Program:
20 Overnight Shelter clients transitioned into housing
8 Day Use clients transitioned into housing
13 Overnight Shelter clients transitioned into program
2 Day Use clients transitioned into program
Misc. Information:
Street and Shelter Outreach:
197 outreach services provided
Attachments:
1. Lodi Access Center Client Services Report August 1, 2025 to October 31, 2025
2. Lodi Access Center Client Services Report November 1, 2025 - January 31, 2026 FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.
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Outreach Ministries International
715 S. Central Ave. Lodi, CA 95240 209-642-9684 [email protected]
LODI ACCESS CENTER CLIENT SERVICES REPORT
AUGUST 1, 2025 TO OCTOBER 31, 2025
Overnight Shelter
3,249 overnight services provided to 111 clients
47 new clients enrolled to receive overnight and day services 21 clients re-entered to receive overnight and day services Day Use Shelter
6,783 day services provided to 320 clients
116 new clients enrolled to receive day services only
66 clients re-entered to receive day services only
Services
Breakfast – 3,197 meals provided to 252 clients
Lunch – 3,959 meals provided to 259 clients
Showers – 3,833 showers provided to 173 clients
Client Contributions
51 Clients voluntarily contributed to accomplishing needs at the shelter 284 times (i.e., clothing organization, cleaning, serving meals, etc.) Transportation
245 transports provided to 77 clients
**Of these, 19 transports were provided to 16 clients for nonemergency medical needs in lieu of unnecessarily calling for an ambulance
Case Management Services
122 services provided
Obtained Employment
25 employment positions obtained by 25 clients
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Outreach Ministries International
715 S. Central Ave. Lodi, CA 95240 209-642-9684 [email protected] Transitioned to Housing and/or Sobriety Program
11 transitions to housing obtained by 11 Overnight Shelter Clients 13 transitions to housing obtained by 13 Day Use Program Clients 14 transitions to program obtained by 14 Overnight Shelter Clients 4 transitions to program obtained by 4 Day Use Program Clients Ambassador, Law Enforcement, Emergency Services Requests from LAC Safety Ambassador services requested 14 times
Lodi Police Department services requested 8 times
Emergency Response services requested 18 times
Age Demographics of Clients
5 – under age 5 years old
5 – age 5 to 12 years
5– age 13 to 17 years
14 – age 18 to 24 years
54 – age 25 to 34 years
78 – age 35 to 44 years
52 – age 45 to 54 years
56 – age 55 to 61 years
51 – age 62 years or older
Average Lenth of Stay in Days (HUD 2023)
National: 166
San Joaquin County: 68
LAC ES (August – October 2025): 29
LAC Day Use (August – October 2025): 21
Average Successful Exits From ES (HUD 2023)
National: 32.4%
San Joaquin County: 9.2%
LAC ES (August – October 2025): 22.52%
LAC Day Use (August – October 2025): 8.43%
Street and Shelter Outreach
295 outreach services provided
72 individuals agreed to complete an HMIS survey
16 individuals agreed to re-engagement and give an updated HMIS survey
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Outreach Ministries International
715 S. Central Ave. Lodi, CA 95240 209-642-9684 [email protected]
LODI ACCESS CENTER CLIENT SERVICES REPORT
NOVEMBER 1, 2025 TO JANUARY 1, 2026
Overnight Shelter
3,552 overnight services provided to 119 clients
59 new clients enrolled to receive overnight and day services 37 clients re-entered to receive overnight and day services
Day Use Shelter
7,286 day services provided to 286 clients
94 new clients enrolled to receive day services only
51 clients re-entered to receive day services only
Services
Breakfast – 3,663 meals provided to 229 clients
Lunch – 4,670 meals provided to 251 clients
Showers – 4,057 showers provided to 164 clients
Client Contributions
38 Clients voluntarily contributed to accomplishing needs at the shelter 286 times (i.e., clothing organization, cleaning, serving meals, etc.)
Transportation
322 transports provided to 80 clients
**Of these, 22 transports were provided to 19 clients for nonemergency medical needs in lieu of unnecessarily calling for an ambulance
Case Management Services
178 services provided
Obtained Employment
10 employment positions obtained by 10 clients
925
Outreach Ministries International
715 S. Central Ave. Lodi, CA 95240 209-642-9684 [email protected] Transitioned to Housing and/or Sobriety Program
20 transitions to housing obtained by 20 Overnight Shelter Clients 8 transitions to housing obtained by 8 Day Use Program Clients 13 transitions to program obtained by 13 Overnight Shelter Clients 2 transitions to program obtained by 2 Day Use Program Clients
Ambassador, Law Enforcement, Emergency Services Requests from LAC Safety Ambassador services requested 13 times
Lodi Police Department services requested 3 times
Emergency Response services requested 18 times
Age Demographics of Clients
1 – under age 5 years old
3 – age 5 to 12 years
1 – age 13 to 17 years
12 – age 18 to 24 years
65 – age 25 to 34 years
84 – age 35 to 44 years
61 – age 45 to 54 years
73 – age 55 to 61 years
61 – age 62 years or older
Average Lenth of Stay in Days (HUD 2023)
National: 166
San Joaquin County: 68
LAC ES (Nov 2025 – Jan 2026): 30
LAC Day Use (Nov 2025 – Jan 2026): 26
Average Successful Exits From ES (HUD 2023)
National: 32.4%
San Joaquin County: 9.2%
LAC ES (Nov 2025 – Jan 2026): 27.73%
LAC Day Use (Nov 2025 – Jan 2026): 3.50%
Street and Shelter Outreach
197 outreach services provided
926
AGENDA ITEM G.2
COUNCIL COMMUNICATION
AGENDA TITLE:
Consider Adopting a Resolution Authorizing the Interim City Manager to Enter into a Concession Lease Agreement with Galt Fuel, LLC for a Portion of Lawrence Park Located at 350 N. Washington Street, Lodi (ED) MEETING DATE:
March 4, 2026
PREPARED BY:
Luis Aguilar, Economic Development Director
RECOMMENDED ACTION:
Consider adoption of the resolution authorizing the Interim City Manager to enter into a concession lease agreement with Galt Fuel, LLC for a portion of Lawrence Park located at 350 N. Washington Street, Lodi.
BACKGROUND INFORMATION:
The City of Lodi is the owner of the property located at 350 N. Washington Street in Lodi, currently designated as park land and known as Lawrence Park. Adjacent to the City-owned property is the American Legion Memorial Building which is located at 320 N. Washington Street and owned by Galt Fuel, LLC (“Legion Building”).
The Legion Building is going through significant renovations to be repurposed as event space and become another amenity for the Lodi community. To further enhance the Legion Building improvements, Galt Fuel LLC, is requesting that the City lease approximately 5,400 square feet of land from the Lawrence Park property located 350 N. Washington Street. This would allow Galt Fuel LLC to construct and maintain an enclosed dining and entertainment patio and related improvements on the southern end of their property.
The following are key terms of the lease agreement:
Landlord: City of Lodi
Tenant: Galt Fuel, LLC
Location: 350 N. Washington Street, Lodi CA
Size: 5,400 square feet
Term: 15 years maximum
Rent: $500.00 annually
Repairs and alterations to the premises: Tenant acknowledges that the City is not obligated to make any repairs whatsoever to the premises or to replace any components of the premise under any circumstance.
Upon the expiration or earlier termination of the lease, the premises shall be delivered to the City in good repair and condition.
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Insurance: Maintained by tenant
Reimbursement for appraisal and outside legal fees will be required upon execution of the Concession Lease Agreement.
By entering into the Concession Lease Agreement (Attachment 1), the City preserves ownership of the land while enabling private investment to enhance the adjacent property and community amenities, which will remain consistent and compatible with the City’s Lawrence Park uses.
FISCAL IMPACT:
Receive annual lease payment.
FUNDING AVAILABLE:
Not applicable.
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RESOLUTION NO. 2026-____
A RESO LUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONCESSION LEASE AGREEMENT WITH
GALT FUEL STATION, LLC FOR A PORTION OF LAWRENCE PARK LOCATED AT 350 N. WASHINGTON STREET, LODI
========================================================================
WHEREAS, the City of Lodi is the owner of the Lawrence Park property located at 350 N.
Washington Street (APN 041-240-28); and
WHEREAS, Galt Fuel LLC, is the owner and developer of the American Legion building located at 320 N. Washington Street; and
WHEREAS, Galt Fuel LLC, has requested to lease a portion Lawrence Park to expand the American Legion building improvements; and
WHEREAS, City Council desire s to enter into a concession lease agreement with Galt Fuel, LLC in support of the expansion of the American Legion building improvements that will remain consistent and compatible with the City’s Lawrence Park uses.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the Interim City Manager to enter into the Concession Lease Agreement with Galt Fuel, LLC as shown in Attachment 1 and require reimbursement of appraisal and outside legal fees upon execution of the Concession Lease Agreement; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019 -223), the City Attorney is hereby authorized to make minor revisions to the above-referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary.
Dated: _______, 2026
========================================================================
I hereby certi fy that Resolution No. 2026-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held ___________, 2026, by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-_____
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AGENDA ITEM G.3
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Repealing and Replacing Resolution No. 2023-98 and Adopting a Revised Lodi City Council Strategic Vision (CM)
MEETING DATE:
March 4, 2026
PREPARED BY:
Olivia Nashed, City Clerk
RECOMMENDED ACTION:
Adopt a resolution repealing and replacing resolution no. 2023-98 and adopting a revised Lodi City Council Strategic Vision.
BACKGROUND INFORMATION:
On May 17, 2023, the Lodi City Council adopted Resolution No. 2023-98, approving the City’sStrategic Vision consisting of priorities and milestones.
On January 28, 2026, the Lodi City Council held a Special Council Meeting at Hutchins Street Square to discuss and revise the Strategic Vision to align with the Councils current priorities for the City. The revised Strategic Vision, (a clean version is included as “Attachment 1” and a redline version showing changes is included as “Attachment 2”), categorizes the priorities in alphabetical order and are in bold, followed by the milestones.
These revised priorities collectively represent the current Strategic Vision of the Lodi City Council and should be utilized by staff as the foundation upon which future workplans are based and resource allocation decisions are made. Each department will show how these priorities align with their accomplishments in the City’s annual budget book.
Per Council direction at the February 18, 2026 City Council regular meeting, the City Clerk continued this item to the Regular Calendar of the March 4th meeting.
FISCAL IMPACT:
There is no fiscal impact to adopting the Strategic Vision. Strategic Priorities and Milestones each have many potential strategies with varying costs. The fiscal impact of addressing each priority will be communicated annually through the budget process.
FUNDING AVAILABLE:
Not applicable.
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Lodi City Council Strategic Vision
February 2026
Downtown
Str
etch Goal: Capitalize on Lodi’s lively mixed use, walkable commercial downtown district.
A. Implement the Downtown Specific Plan.
B. Preserve downtown historic character.
C. Encourage improvements that support multi-modal transportation and public safety.
D. Promote the Civic Center as an integral part of the Downtown.
E. Adopt policies that incentivize the revitalization of buildings.
Economic Development
Str
etch Goal: Raise the median income of Lodi residents 12% to match the State of California.
A. Implement the Economic Development Strategic Plan.
B. Expand economic opportunities along the I-5 corridor.
C. Grow the City through annexation.
Fiscal Health
St
retch Goal: Create a fiscal structure to accomplish City Council Strategic Priorities.
A. Promote the City's fiscal transparency and citizen's fiscal fluency.
B. Position Lodi to maintain a diversified revenue mix.
C. Ensure elected leaders and staff retain focus on fiscal priorities reflected in budget policies and funded projects.
D. Anticipate and advocate against unfunded mandates.
E. Ensure the City has funding amounts equal to annual depreciation levels to maintain assets.
F. Utilize the Pension Stabilization Reserve to reduce the financial impact of growing pension expenses.
Housing
Str
etch Goal: Ensure every socio-economic demographic and family structure can secure quality housing within the community.
A. Develop new housing opportunities with market values aligned with current Area Median Income and standard housing/income ratios.
ATTACHMENT 1
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B. Ensure continued progress towards Regional Housing Needs Assessment Goals.
C. Require a percentage of housing in new developments to be workforce housing.
D. Adopt standards and policies to promote housing for all economic levels.
E. Develop policies that will promote affordable housing by design; generational housing by design; and diverse housing by design.
F. Consider ways to support the existence of an adequate number of rental properties.
Infrastructure
Stretch Goal: Develop and maintain a robust infrastructure to support the City’s growth.
A. Invest in innovative infrastructure such as new hydrogen facilities near the Lodi Energy Center.
B. Promote adaptive reuse of existing properties.
C. Address deferred maintenance.
D. Ensure capacity for future growth.
E. Proactive infrastructure development to support future growth areas.
F. Ensure that funding for maintenance of future development projects is sustainable and self- supporting.
Parks
Stretch Goal: Develop a Parks System that is a model for the State of California.
A. Fully staffed to annual benchmarks.
B. Expand, develop and maintain Lodi Lake to meet or exceed community needs.
C. Develop and maintain sports/recreation facilities for City and public use, including an indoor sports facility.
D. Expand, develop and maintain Hutchins Street Square Facilities to meet or exceed community needs.
E. Create a dedicated fund to improve event-based facilities to meet community needs.
Public Safety
Stretch Goal: Create the best trained police and fire departments in the State of California.
A. Reach and maintain full staffing.
B. Build strategic regional partnerships with surrounding agencies to enhance fire and emergency response services including construction of an outdoor public safety training facility.
C. Research, develop and/or promote advanced training programs for police and fire personnel based on or exceeding best practices for service delivery and effecting public safety outcomes.
D. Ensure high levels of community involvement by public safety employees. 959
E. Enhance programs to address strategic safety problem areas in the community, such as the unsheltered population, Fentanyl crisis, and animal services.
Public Well-being
Stretch Goal: Be a recognized leader in generating a happy, healthy, high quality of life for all.
A. Use the Library to engage in opportunities for physical, recreational, and cultural activities.
B. Partner with other public/private entities to provide outreach, education, and activities to engage diverse cultures and communities.
C. Provide opportunities for access to mental health and substance abuse treatment.
D. Focus on youth education and mentorship to foster positive life-choices.
E. Ensure a customer centered focus in the City’s delivery of services to the community.
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Lodi City Council Strategic Vision
February 2026
Downtown
Stretch Goal: Realize aCapitalize on Lodi’s lively mixed use, walkable commercial downtown district.
A. Expand opportunities for downtown livingImplement the Downtown Specific Plan.
B. Preserve downtown historic character.
C. Ensure accessibility forEncourage improvements that support multi-modal transportation and public safety.
D. Protect and pPromote the use of public facilities including the library, public safety building, and the city administration buildingCivic Center as an integral part of the Downtown.
E. Expand the perimeter of downtown mixed-use zoning.
F.E. Adopt policies that incentivize the revitalization of buildings and infrastructure.
Economic Development
Stretch Goal: Raise the median income of Lodi residents to the top 25% of12% to match the State of California.
A. Develop a long-term economic development strategyImplement the Economic Development Strategic Plan.
B. Expand and diversify economic opportunities along the I-5 corridor.
C. Continue to support Hydrogen Hub Project.
D. Complete development of White Slough Public Safety Training Facility.
E.C. Grow the City through East Side annexation.
F. Repurpose and revitalize existing assets.
G. Attract tech and non-agriculture jobs.
Fiscal Health
Stretch Goal: Create a fiscal structure to accomplish City Council Strategic Priorities.
A. Promote the City's fiscal transparency and citizen's fiscal fluency.
B. Position Lodi to maintain a diversified revenue mix that reflects the economic prosperity of the community.
C. Ensure elected leaders and staff retain focus on fiscal priorities reflected in budget policies and funded projects.
D. Anticipate and advocate against unfunded mandates.
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D.E. , while eEnsureing the City has funding amounts equal to annual depreciation levels to maintain assets.
E.F. Improve pension funding as against average cities by 25%Utilize the Pension Stabilization Reserve to reduce the financial impact of growing pension expenses.
Housing
Stretch Goal: Ensure every socio-economic demographic and family structure can secure quality housing within the community.
A. Develop new housing opportunities with market values aligned with current Area Median Income (AMI) and standard housing/income ratios.
B. Create more residential opportunities downtown.
C.B. Ensure continued progress towards Regional Housing Needs Assessment (RHNA) Goals.
D.C. Require a percentage of housing in new developments to be workforce housing.
E.D. Adopt standards and policies to promote housing for all economic levels.
F.E. Develop policies that will promote affordable housing by design; generational housing by design; and diverse housing by design.
G.F. Consider ways to support the existence of an adequate number of rental properties.
Infrastructure
Stretch Goal: Develop and maintain a robust infrastructure to support the City’s growtha world-class city.
A. Invest in innovative infrastructure with a high Return on Investment (ROI)such as new hydrogen facilities near the Lodi Energy Center.
B. Promote adaptive reuse of existing properties.
C. Address deferred maintenance.
D. Ensure capacity for future growth.
E. Proactive infrastructure development for Sphere of Influence (SOI) andto support future growth areas.
F. Ensure that funding for maintenance of future development projects is sustainable and self- supporting.
Parks
Stretch Goal: Develop a world-class revenue generating Parks System that is a model for the State of California.
A. Fully staffed to annual benchmarks.
B. Expand, develop and maintain Lodi Lake to meet or exceed industry standardscommunity needs.
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C. Develop and maintain sports/recreation facilities for City and public use, including an indoor sports facility.
D. Expand, develop and maintain Hutchins Street Square Facilities to meet or exceed industry standardscommunity needs.
E. Create a dedicated fund to improve event-based facilities to meet or exceed industry standardscommunity needs.
Public Safety
Stretch Goal: Create the best trained police and fire departments in the State of California.
A. Reach and maintain full staffing.
B. Create an outdoor training facility.
C. Institute the Advanced Life Support (ALS) program.
D.B. Build strategic regional partnerships with surrounding agencies to enhance fire and emergency response services including construction of an outdoor public safety training facility.
E.C. Research, develop and/or promote advanced training programs for police and fire personnel based on or exceeding best practices for service delivery and effecting public safety outcomes.
F. Meet International Organization for Standardization (IOS) Measurements in response time.
G.D. Ensure high levels of community involvement by public safety employees.
H.E. Enhance programs to address strategic safety problem areas in the community, such as the unsheltered population, Fentanyl crisis, and animal services.
Public Well-being
Stretch Goal: Be a recognized leader in generating a happy, healthy, high quality of life for all.
A. Increase Use the Library to engage in opportunities for physical, recreational, and cultural activities.
B. Partner with other public/private entities to provide outreach, education, and activities to engage diverse cultures and communities.
C. Provide opportunities for access to mental health and substance abuse treatment.
D. Focus on youth education and mentorship to foster positive life-choices.
D.E. Ensure a customer centered focus in the City’s delivery of services to the community.
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RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING AND REPLACING RESOLUTION NO. 2023-98 AND ADOPTING A REVISED LODI CITY COUNCIL
STRATEGIC VISION
========================================================================
WHEREAS, on May 17, 2023, the Lodi City Council adopted Resolution No. 2023 -98, approving the City’s Strategic Vision for the future and its priorities and milestones for Calendar Year 2024; and
WHEREAS, on January 28, 2026, the Lodi City Council held a Special Meeting to discuss and revise the Strategic Vision to align with the Council’s current priorities for the City (“Attachment A”); and
WHEREAS, the revised priorities should be utilized by staff as the foundation upon which future workplans are based and resource allocation decisions are made; and
WHEREAS, the annual budget will list how department accomplishments align with these priorities.
NOW, THEREFORE, BE IT RESOLVED the Lodi City Council does hereby repeal and replace Resolution No. 2023-98 and adopt a revised Lodi City Council Strategic Vision and the Strategic Priorities and Milestones as shown in Attachment A attached hereto.
Dated: March 4, 2026
========================================================================
I hereby certi fy that Resolution No. 2026-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following votes:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-_____
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ATTACHMENT A
Lodi City Council Strategic Vision
February 2026
Downtown
Stretch Goal: Capitalize on Lodi’s lively mixed use, walkable commercial downtown district.
A. Implement the Downtown Specific Plan.
B. Preserve downtown historic character.
C. Encourage improvements that support multi-modal transportation and public safety.
D. Promote the Civic Center as an integral part of the Downtown.
E. Adopt policies that incentivize the revitalization of buildings.
Economic Development
Stretch Goal: Raise the median income of Lodi residents 12% to match the State of California.
A. Implement the Economic Development Strategic Plan.
B. Expand economic opportunities along the I-5 corridor.
C. Grow the City through annexation.
Fiscal Health
Stretch Goal: Create a fiscal structure to accomplish City Council Strategic Priorities.
A. Promote the City's fiscal transparency and citizen's fiscal fluency.
B. Position Lodi to maintain a diversified revenue mix.
C. Ensure elected leaders and staff retain focus on fiscal priorities reflected in budget policies and funded projects.
D. Anticipate and advocate against unfunded mandates.
E. Ensure the City has funding amounts equal to annual depreciation levels to maintain assets.
F. Utilize the Pension Stabilization Reserve to reduce the financial impact of growing pension expenses.
Housing
Stretch Goal: Ensure every socio-economic demographic and family structure can secure quality housing within the community.
A. Develop new housing opportunities with market values aligned with current Area Median Income and standard housing/income ratios.
B. Ensure continued progress towards Regional Housing Needs Assessment Goals.
C. Require a percentage of housing in new developments to be workforce housing.
D. Adopt standards and policies to promote housing for all economic levels.
E. Develop policies that will promote affordable housing by design; generational housing by design; and diverse housing by design.
F. Consider ways to support the existence of an adequate number of rental properties.
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ATTACHMENT A
Infrastructure
Stretch Goal: Develop and maintain a robust infrastructure to support the City’s growth.
A. Invest in innovative infrastructure s uch as new hydrogen facilities near the Lodi Energy Center.
B. Promote adaptive reuse of existing properties.
C. Address deferred maintenance.
D. Ensure capacity for future growth.
E. Proactive infrastructure development to support future growth areas.
F. Ensure that funding for maintenance of future development projects is sustainable and self - supporting.
Parks
Stretch Goal: Develop a Parks System that is a model for the State of California.
A. Fully staffed to annual benchmarks.
B. Expand, develop and maintain Lodi Lake to meet or exceed community needs.
C. Develop and maintain sports/recreation facilities for City and public use, including an indoor sports facility.
D. Expand, develop and maintain Hutchins Street Square Facilities to meet or exceed community needs.
E. Create a dedicated fund to improve event-based facilities to meet community needs.
Public Safety
Stretch Goal: Create the best trained police and fire departments in the State of California.
A. Reach and maintain full staffing.
B. Build strategic regional partnerships with surrounding agencies to enhance fire and emergency response services including construction of an outdoor public safety training facility.
C. Research, develop and/or promote advanced training programs for police and fire personnel based on or exceeding best practices for service delivery and effecting public safety outcomes.
D. Ensure high levels of community involvement by public safety employees.
E. Enhance programs to address strategic safety problem areas in the community, such as the unsheltered population, Fentanyl crisis, and animal services.
Public Well-being
Stretch Goal: Be a recognized leader in generating a happy, healthy, high quality of life for all.
A. Use the Library to engage in opportunities for physical, recreational, and cultural activities.
B. Partner with other public/private entities to provide outreach, education, and activities to engage diverse cultures and communities.
C. Provide opportunities for access to mental health and substance abuse treatment.
D. Focus on youth education and mentorship to foster positive life-choices.
E. Ensure a customer centered focus in the City’s delivery of services to the community.
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AGENDA ITEM G.4
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Approving Side-Letter Agreement Between the City of Lodi and Lodi Police Mid- Management Organization for a one-time off salary schedule payment (IS - HR) d
MEETING DATE:
March 4, 2026
PREPARED BY:
Cristina Gonzales, Interim Human Resources Manager
RECOMMENDED ACTION:
Adopt a Resolution Approving Side-Letter Agreement Between the City and Lodi Police Mid-Management Organization (“LPMO”) for a one-time off salary schedule payment.
BACKGROUND INFORMATION:
The City previously negotiated CalPERS cost-sharing agreements, pursuant to Gov. Code § 20516, with all employee groups. The cost-sharing agreement allows public agency employers and employees to formally share a portion of the employer’srequired pension contribution, typically reducing the employer rate. These agreements require a contract amendment, a written agreement/MOU, and a majority vote of affected employees. LPMO members had agreed to contribute nine percent (9%) toward the employer’scontribution in prior MOUs.
The City and LPMO negotiated a successor Memorandum of Understanding (“MOU”),July 1, 2025 through June 30, 2028, approved by Council at its November 19, 2025 meeting (Attachment 1). During the negotiation process, the City agreed to reduce the LPMO member’scost-sharing agreement from nine percent (9%) to three percent (3%). The members continue to pay the full share of the employee portion (classic or PEPRA mandated amounts).
The amendment to the CalPERS cost-sharing agreement took longer than anticipated and LPMO employees continued to contribute nine percent (9%) cost-sharing instead of the agreed upon three percent (3%). City staff prepared the amendment to the cost-sharing agreement with an anticipated effective date of March 30, 2026. LPMO filed a complaint with the City Manager regarding the length of time it took to amend the cost- sharing agreement. City staff were able to work with CalPERS to amend the cost-sharing agreement to be effective February 2, 2026, instead of March 30, 2026. However, the members had already contributed the nine percent (9%) cost-sharing for the period January 1, 2026 - February 1, 2026.
Representatives from the City and LPMO met and conferred in good faith and were able to resolve LPMO’s complaint. The City and LPMO have agreed to a one-time off salary schedule payment of $1,000 per LPMO member. The one-time off salary schedule payment is anticipated to be included on the March 19, 2026, or as soon as administratively possible.
By adopting the side
‑
letter, the city will resolve LPMO’scomplaint about the length of time it took to prepare a cost-sharing amendment and for the additional CalPERS cost-sharing incurred from January 1, 2026 - City of Lodi Printed on 2/26/2026Page 1 of 2
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967
COUNCIL COMMUNICATION
February 1, 2026.
Staff recommends that the Council approve the Side-letter agreement between the City and LPMO as included in Attachment 2.
FISCAL IMPACT:
The total cost of the side-letter agreement is approximately $20,000 FUNDING AVAILABLE:
· 10031004-71001 - $2,000 (Services Bureau - Dispatchers) · 10032000-71001 - $18,000 (Operations Bureau - Police staff) City of Lodi Printed on 2/26/2026Page 2 of 2
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City of Lodi
And
Lodi Police Mid-Management Organization
Term of Agreement
July 1st, 2025 – June 30th 2028
969
2 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
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3 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Table of Contents
ARTICLE I – RECOGNITION ............................................................................................................................. 5 ARTICLE II – ASSOCIATION RIGHTS ............................................................................................................. 6 ARTICLE III – CITY RIGHTS ............................................................................................................................. 8 CHAPTER 1 - SALARIES AND OTHER COMPENSATION ............................................................................... 8 ARTICLE IV SALARY .......................................................................................................................................... 8 ARTICLE V - UNIFORM ALLOWANCE ......................................................................................................... 10 ARTICLE VI – BILINGUAL PAY ...................................................................................................................... 11 ARTICLE VII – COMPENSATORY TIME ...................................................................................................... 12 ARTICLE VIII – COURT APPEARANCE COMPENSATION ...................................................................... 13 ARTICLE IX - LONGEVITY PAY .................................................................................................................. 14 ARTICLE X – SPECIAL ASSIGNMENT PAY ................................................................................................. 15 ARTICLE XI – TEMPORARY UPGRADE PAY .............................................................................................. 16 ARTICLE XII - CALL BACK PAY .................................................................................................................... 17 ARTICLE XIII – WELLNESS PROGRAM ....................................................................................................... 17 CHAPTER 2 - BENEFITS AND INSURANCES ................................................................................................... 18 ARTICLE XIV – CAFETERIA PLAN ............................................................................................................... 18 ARTICLE XV – DENTAL / ORTHODONTIA INSURANCE ......................................................................... 20 ARTICLE XVI – VISION CARE INSURANCE ................................................................................................ 21 ARTICLE XVII – CHIROPRACTIC SERVICES ............................................................................................. 21 ARTICLE XVIII – EMPLOYEE ASSISTANCE PROGRAM ......................................................................... 21 ARTICLE XIX – DEFERRED COMPENSATION ........................................................................................... 22 ARTICLE XX – FLEXIBLE SPENDING ACCOUNT (SECTION 125 PLAN) ............................................. 22 ARTICLE XXI– EDUCATION INCENTIVE PAY ........................................................................................... 23 ARTICLE XXII – OVERTIME ........................................................................................................................... 24 ARTICLE XXIII – RETIREMENT BENEFITS ................................................................................................ 25 ARTICLE XXIV– MEDICAL INSURANCE ..................................................................................................... 28 ARTICLE XXV - LIFE INSURANCE ................................................................................................................ 28 ARTICLE XXVI - LINE-OF-DUTY DEATH –HEALTH AND DENTAL BENEFITS ................................ 28 ARTICLE XXVII - TUITION REIMBURSEMENT ......................................................................................... 28 CHAPTER 3 - LEAVES ........................................................................................................................................... 29 ARTICLE XXVIII - VACATION LEAVE ......................................................................................................... 29 ARTICLE XXIX - ADMINISTRATIVE LEAVE .............................................................................................. 30 ARTICLE XXX - HOLIDAYS ............................................................................................................................ 30 ARTICLE XXXI – SICK LEAVE ....................................................................................................................... 31 ARTICLE XXXII– FAMILY AND MEDICAL LEAVE ................................................................................... 32 ARTICLE XXXIII - CATASTROPHIC LEAVE ............................................................................................. 32 ARTICLE XXXIV - BEREAVEMENT LEAVE ................................................................................................ 32 ARTICLE XXXV – LEAVES OF ABSENCE .................................................................................................... 32 971
4 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 ARTICLE XXXVI – PROBATIONARY PERIOD ............................................................................................ 33 ARTICLE XXXVII – INDEMNIFICATION AND DEFENSE ......................................................................... 33 ARTICLE XXXVIII – GRIEVANCE PROCEDURE ....................................................................................... 34 ARTICLE XXXIX– DISCIPLINARY ACTION AND APPEALS ................................................................... 35 ARTICLE XL – EMPLOYEE RIGHTS AND ASSOCIATION RELATIONS ............................................... 39 ARTICLE XLI – REST PERIOD ........................................................................................................................ 39 ARTICLE XLII– REOPENER AND SEVERABILITY .................................................................................... 40 CHAPTER 4 - WORK HOURS ............................................................................................................................... 40 ARTICLE XLIII – WORK SCHEDULES AND SHIFT ASSIGNMENTS ..................................................... 40 SCHEDLUE A ........................................................................................................... Error! Bookmark not defined.
POLICE MID-MANAGEMENT SALARY SCHEDULES ............................... Error! Bookmark not defined.
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5 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 This Memorandum of Understanding (MOU) is entered into on November _____, 2025, by and between the City of Lodi, a municipal corporation (City), and the Lodi Police Mid-Management Organization (LPMO).
ARTICLE I – RECOGNITION
Recognition
This MOU is entered into between representatives of the City and representatives of the Lodi Police Mid-Management Organization (“LPMO” or “Association”).
The parties acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by the Meyers-Milias-Brown Act (MMBA) found in Section 3500 et seq. of the Government Code of the State of California. Both parties further acknowledge that all matters upon which agreement has been reached are set forth herein.
Each party certifies, without reservation, that adequate opportunity was afforded to its bargaining representatives to propose and vigorously advocate all negotiable subject matter during the course of collective bargaining prior to the execution of this agreement.
The City shall provide the LPMO with the opportunity to meet and confer prior to implementing any change to a policy or rule that is subject to the meet-and-confer process under the MMBA.
The terms and conditions of this MOU shall apply to all regular and probationary employees represented by the LPMO and shall remain in effect during the term of this agreement. The City recognizes the LPMO as the sole and exclusive collective bargaining representative for all employees in the bargaining unit.
The LPMO bargaining unit shall consist of all full-time employees in the following classifications:
• Dispatch Supervisor
• Police Sergeant
• Police Lieutenant
• Police Captain
The City agrees to recognize duly authorized representatives of the LPMO for purposes of representing employees in matters relating to the administration of this MOU, and upon the request of an employee, for matters involving adverse action or appeals in accordance with the discipline article of this MOU.
In the event of any conflict between the provisions of this MOU and other authorities, such as personnel rules, administrative policies, City resolutions, or ordinances, any ambiguity shall be resolved in favor of the MOU. Where this MOU is silent, the applicable document (e.g., Personnel Rules or Policy Manual) shall control. State and federal laws shall be adhered to in all cases.
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6 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
ARTICLE II – ASSOCIATION RIGHTS
Rights of the Lodi Police Mid-Management Organization (LPMO)
It is understood by both parties that the LPMO, in addition to any other rights herein specified, shall have the following rights:
• To represent its members in the bargaining unit before the City regarding wages, hours, and other terms and conditions of employment.
• To receive timely written notice of changes to, or adoption of, any rule or regulation directly relating to wages, hours, or other terms and conditions of employment.
• An authorized LPMO representative with an employee’s written consent may request to inspect the employee’s official Departmental personnel file, and such review shall be permitted during normal business hours, provided it does not interfere with the normal business operations of the Department.
The City agrees to recognize LPMO representatives for the purpose of representing employees on all matters relating to the administration of this MOU and, upon the request of an employee, on adverse actions and other matters which may be or are on appeal in accordance with Article XXXIX (Disciplinary Action and Appeals) of this MOU.
Dues Deduction
The City and the LPMO mutually agree that the City shall provide for dues deduction from the paychecks of employees who are members of the LPMO, consistent with Section 4, Rule 2 of City of Lodi Resolution No. 3344, entitled “Adopting Rules and Regulations to Implement Provisions of the Employee-Employer Relations Resolution.”
The LPMO shall be responsible for maintaining records of employees who have provided written authorization to join and pay dues to the LPMO. The LPMO shall annually certify to the City the amount of such payroll deductions. Payroll deductions shall be uniform among members and shall not include fines, fees, or assessments.
The LPMO shall indemnify, defend, and hold harmless the City from any claims or suits arising out of the deduction of LPMO dues. The LPMO shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.
When an employee is in a non-pay status for an entire pay period, no deduction shall be made. If an employee is in a non-pay status for part of a pay period and the remaining salary is insufficient to cover the full deduction, no dues deduction shall be made. Mandatory deductions shall have priority over LPMO deductions.
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7 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 An authorization for payroll deduction may be canceled or modified upon written notice to both the City and the LPMO prior to the twentieth (20th) day of the month in which the change is to become effective. Any cancellation or modification notice shall first be forwarded to the LPMO for notation before being submitted to Payroll for processing.
New Employee Orientation
The City shall make available a period of thirty (30) minutes during each new employee orientation session for the LPMO to meet with newly hired employees in represented classifications. The purpose of this time shall be to educate new employees regarding their rights, benefits, and responsibilities under this MOU and the benefits of LPMO membership.
The specific date, time, and location of the LPMO orientation session shall be coordinated between the Police Chief and the LPMO President.
The City shall provide the LPMO with at least ten (10) calendar days’ advance notice of the start date of any new hire into a represented classification. An exception to the ten (10)-day advance notice requirement may be made when an urgent operational need exists that is critical to City operations and not reasonably foreseeable.
The City and the LPMO acknowledge that this section fully satisfies the parties’ obligations to meet and confer under Government Code Section 3557 concerning new employee orientation.
Access to Orders, Bulletins, and Policies
The City agrees to provide each represented employee with copies of special orders, general orders, training bulletins, departmental rules and regulations, and a copy of this MOU.
Freedom of Association and Non-Interference
The City agrees not to interfere with or discriminate against any employee for exercising their right to belong to, support, or participate in an employee organization, or to exercise any rights provided under this MOU.
The LPMO likewise agrees that it will not interfere with or discriminate against employees for exercising their right to join or refrain from joining an employee organization, or for choosing to support or not support the activities of such an organization.
Non-Discrimination
1. Both the City and the LPMO agree that no employee shall be subjected to discrimination by the City, the LPMO, or other employees in any matter relating to hiring, promotion, assignment, wages, or conditions of employment because of race, religion, color, national origin (including language use), ancestry, physical disability, mental disability, medical condition (for example, HIV/AIDS or cancer), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding/nursing, and related medical conditions), gender, gender identity, gender expression, age (40 or older), sexual orientation, military and veteran status or any other legally protected classification. 975
8 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
Alleged discriminatory acts are subject to the City’s Policy and Procedure Regarding Discrimination and not the grievance procedure established under this MOU.
Professional Courtesy and Mutual Respect
The City and the LPMO affirm their shared commitment to maintaining a professional, cooperative, and respectful relationship at all times. Both parties recognize that effective communication, mutual respect, and timely resolution of concerns are essential to fostering a positive working environment
ARTICLE III – CITY RIGHTS
It is understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include but are not limited to, the exclusive rights to:
• Determine the methods, means, and personnel by which government operations are conducted
• Determine the mission of its constituent departments, commissions, and boards • Set standards of service
• Determine the procedures and standards of selection for employment • Direct its employees
• Maintain the efficiency of governmental operations
• Determine the methods, means, and personnel by which government operations are conducted
• Take all necessary actions to carry out its mission in emergencies • Exercise complete control and discretion and the technology of performing its work.
City Rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline, and to determine the content of job classifications; provides, however, that nothing herein may be read to extend the term of the MOU nor to supplement negotiations as a means for arriving at terms for a successor MOU.
CHAPTER 1 - SALARIES AND OTHER COMPENSATION
ARTICLE IV SALARY
The salary ranges applicable to each LPMO-represented employee position as of the Effective Date (as defined below), together with the scheduled cost-of-living adjustments to be applied over the term of this MOU, are set forth in Schedule A, which is attached hereto and incorporated herein by this reference.
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9 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Benchmark Classification:
The City and the LPMO mutually agree that the Lieutenant position shall serve as the benchmark classification for all sworn employees represented by this bargaining unit for purposes of determining compensation.
Notwithstanding this, for the job classification of Dispatch Supervisor, wages shall be established independently and shall not be tied to the Lieutenant position.
Sergeant Salary Range:
The Sergeant salary range shall be calculated by dividing the Lieutenant’s salary by 1.20, thereby establishing a twenty percent (20%) salary differential (separation between the pay ranges) between the Lieutenant and Sergeant classifications.
Captain Salary Range:
The Captain salary range shall be calculated by multiplying the Lieutenant’s salary by 1.20, thereby establishing a twenty percent (20%) salary differential between the Lieutenant and Captain classifications.
Dispatch Supervisor Salary Range:
The Dispatch Supervisor salary shall be calculated by multiplying the Lead Dispatcher’s salary by 1.20, thereby establishing a twenty percent (20%) salary differential between the Lead Dispatcher and Dispatch Supervisor classifications.
Successor Negotiations:
The City and the LPMO agree to commence negotiations for a successor memorandum of understanding no later than three (3) months prior to the expiration of this MOU.
Salary Survey Parameters:
Although the City is not required to conduct a salary survey during the term of this MOU, in the event a survey is conducted, the comparator agencies shall include the following:
• Chico
• Clovis
• Davis
• Fairfield
• Manteca
• Merced
• Modesto
• Redding
• Roseville
• Stockton
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10 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 • Tracy
• Turlock
• Vacaville
• Visalia
• Woodland
Salary surveys shall include, but not be limited to, the following components of compensation:
• Base Salary
• PERS Employer Paid Member Contribution paid by the Employer (EPMC) • Employer Health Care Contribution
• Education Incentives
• POST Certificate Pay
• Longevity Pay
• Deferred Compensation Contribution
Lieutenant Adjustments:
The City shall implement the following salary range increases for the classification of Lieutenant:
• Effective July 7, 2025 – 3% Equity Adjustment
• Effective July 6, 2026 – 3% Cost of Living Adjustment • Effective July 5, 2027 – 3% Cost of Living Adjustment
(Refer to the respective sections for the Sergeant Salary Range and Captain Salary Ranges above.)
Dispatch Supervisor Adjustments:
The City shall implement the following off-schedule adjustment for employees in the Dispatch Supervisor classification:
• Effective July 7, 2025 – One-time, off-schedule payment equivalent to three percent (3%) of base wages earned for the period of July 7, 2025 through December 22, 2025. This payment shall not affect salary range placement.
• The City shall maintain a twenty percent (20%) differential between Dispatch Supervisors and Lead Dispatchers by multiplying the Lead Dispatcher’s salary by 1.20, thereby maintaining a twenty percent (20%) separation between the Lead Dispatcher and Dispatch Supervisor classifications.
ARTICLE V - UNIFORM ALLOWANCE
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11 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Effective January 5, 2026 (the first full pay period of January 2026), the City agrees to add a uniform allowance of nine hundred fifty dollars ($950.00) to the annual base pay for each employee.
Motor Sergeant
The following provisions apply to Sergeants assigned to the Traffic Division. For purposes of this provision, “assigned” means a formal, ongoing assignment to the Traffic Division as designated by the Chief of Police or designee.
The City shall supply the initial set of Motor Officer safety uniforms and all related safety equipment required for assignment as a Motor Sergeant.
While assigned to the Motor Sergeant position, the City shall provide an annual uniform allowance of eight hundred dollars ($800.00), paid on a bi-weekly basis at thirty dollars and seventy-seven cents ($30.77) through the employee’s regular payroll, for the duration of the assignment.
Payment shall begin the first full pay period following assignment to the Traffic Division and shall cease the pay period following removal from the Motor Sergeant position.
The Motor Sergeant uniform allowance is provided exclusively for specialized Motor safety uniforms and equipment and is not part of, or in lieu of, the uniform allowance incorporated into base pay effective January 2026.
The Motor Sergeant uniform allowance shall be reported to CalPERS as uniform allowance special compensation in accordance with Title 2, Section 571(a)(5) of the California Code of Regulations, and shall be reported for both Classic and PEPRA members to the extent permitted by CalPERS regulations and applicable law.”
ARTICLE VI – BILINGUAL PAY
Bilingual Premium Pay
Employees designated by the Chief of Police as routinely and consistently being required to speak a language other than English in the course and scope of their employment, and who have successfully passed a bilingual proficiency examination administered by the City, shall receive a bilingual premium of two hundred dollars ($200.00) per month. The bilingual premium shall be paid in twenty-six (26) equal bi-weekly installments of ninety-two dollars and thirty-one cents ($92.31). For California Public Employees’ Retirement System (“CalPERS”) Classic members, the bilingual premium is considered special assignment compensation and shall be reported as pensionable compensation.
For Public Employees' Pension Reform Act (PEPRA) members, the bilingual premium is considered special assignment compensation and shall also be reported as pensionable compensation, consistent with California Code of Regulations (CCR) Section 571.1(b) and the CalPERS Special Compensation Reportability Table.
Verification and Retesting
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12 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
The City reserves the right to verify bilingual proficiency at reasonable intervals and to require periodic retesting to ensure continued qualification for this special assignment premium compensation. The bilingual premium may be discontinued if the employee no longer demonstrates the required proficiency.
ARTICLE VII – COMPENSATORY TIME
Accrual of Compensatory Time Off (CTO)
Employees in the classifications of Dispatch Supervisor, Police Sergeant, and Police Lieutenant may accrue Compensatory Time Off (CTO) in lieu of overtime pay pursuant to this article. CTO shall accrue at the rate of one-and-one-half (1.5) hours for each hour of overtime worked.
Maximum Accrual and Payment Beyond Cap
No employee shall accrue more than two hundred forty (240) hours of CTO at any time. Once an employee’s CTO balance reaches the maximum accrual limit of 240 hours, any additional overtime hours worked shall be compensated at the employee’s applicable overtime rate of pay, rather than accrued as CTO. Such payment shall be included in the pay period immediately following the period in which the overtime was earned.
Election to Earn CTO
Employees shall state their preference to receive CTO accrual or overtime hourly pay at the time the overtime is worked. An employee’s decision to receive CTO instead of hourly overtime pay shall be irrevocable for that overtime instance.
Payout Upon Separation or Promotion
Upon separation from City service or promotion to a mid-management position as discussed in Article XXII below, an employee shall be paid for all accrued CTO at the higher of (a) the employee’s final regular rate of pay, or (b) the average regular rate of pay over the preceding three (3) years, whichever is higher, in accordance with the Fair Labor Standards Act (FLSA).
Annual Compensatory Time Off Cash-Out Election
To provide flexibility in managing time and income, employees may annually pre-schedule the cash-out of CTO. Each year, an irrevocable election form may be submitted to cash out up to 100 hours per payout period. The payout period shall occur in April and October each year, with a maximum of 100 hours allowed in each payout period (200 hours total per year).
Elections apply only to CTO earned in the following calendar year and must be submitted by December 31 of the preceding year, per Internal Revenue Service Regulations (26 CFR § 1.451- 2) and Revenue Ruling 2009-31. Once submitted, CTO cash-out elections cannot be changed.
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13 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 CTO cash-outs will be paid at the employee’s regular rate in each April and October payout periods. HR will retain CTO cash-out election records for at least four years. Employees who do not submit a CTO cash-out election form remain in the standard CTO program and may participate in future years.
Optional Existing-Balance Cash-Out
Separately, the City may authorize cash-outs of previously accrued CTO from prior years. These discretionary payouts are treated as regular wages and are not subject to pre-election rules.
Use of CTO
Employees shall be permitted to use accrued CTO within a reasonable period after making a request, provided such use does not unduly disrupt City operations. If the City cannot schedule and grant use of CTO within one (1) year of the employee’s request, the City shall pay the corresponding hourly overtime rates in lieu of the unused CTO.
ARTICLE VIII – COURT APPEARANCE COMPENSATION
Dispatch Supervisor, Police Sergeant, and Police Lieutenant employees who are scheduled to make court appearances during off-duty hours, on regularly scheduled days off, or while assigned to a graveyard shift, shall be compensated at the rate of time and one-half (1.5) for the actual hours involved in such appearances.
In no event shall an employee be paid for less than four (4) hours for any such court appearance.
Court Appearances Adjacent to a Shift
Court appearances that occur within two (2) hours prior to the beginning of a shift or within one (1) hour following the end of a shift shall be compensated at the time and one-half (1.5) rate.
Such appearances shall be reported as contiguous shift extensions for timekeeping purposes.
Cancellations
Cancellation of a scheduled court appearance must be made at least two (2) hours prior to the scheduled appearance time.
If such notice is not provided, the employee shall receive the minimum four (4) hours of pay at the time and one-half (1.5) rate.
Notification and Scheduling Coordination
Employees who receive a subpoena or notice to appear in court shall notify their supervisor of the appearance date and time as soon as practicable.
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14 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 whether a rest period is required under Article XL (Rest Period) or whether additional staffing adjustments are necessary to maintain operations.
Travel Time
When an employee is required to travel outside of San Joaquin County to attend a court appearance, all travel time to and from the court location shall be considered hours worked and shall be compensated at the employee’s applicable rate of pay, including overtime if eligible.
Travel time shall be measured from the employee’s regular work location or residence, whichever is closer to the court venue.
Travel time shall not include personal detours, meal stops, or other non-work-related travel.
ARTICLE IX - LONGEVITY PAY
PERS-Reportable Longevity Pay
After completing ten (10) consecutive years of service with the Lodi Police Department, employees shall receive a longevity incentive equal to two and one-half percent (2.5%) of their base pay.
After completing twenty (20) consecutive years of service, employees shall receive a longevity incentive equal to five percent (5.0%) of their base pay.
The applicable longevity incentive shall become effective on, and coincide with, the employee’s anniversary date marking completion of the qualifying service period. For purposes of determining eligibility, employees must meet the required service threshold of ten (10) or twenty (20) full years of consecutive service with the Lodi Police Department, calculated based on the first day of the month in which employment commenced.
This longevity incentive replaces the previous fixed-dollar longevity pay structure, effective December 22, 2025.
A full year of longevity pay shall be issued to all eligible members upon ratification of this MOU by the City Council.
Employees with ten (10) or more years of consecutive service as of October 31, 2025, shall receive a lump-sum payment equal to two and one-half percent (2.5%) of their effective base wage as of October 31, 2025.
Employees with twenty (20) or more years of consecutive service as of October 31, 2025, shall receive a lump-sum payment equal to five percent (5.0%) of their effective base wage as of October 31, 2025.
This payment is PERS-reportable, consistent with California Code of Regulations, Title 2, Section 571(a)(1), as it represents ongoing, percentage-based compensation tied to base salary. 982
15 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 The applicable longevity percentage shall be incorporated into each eligible employee’s base pay beginning effective December 22, 2025, and shall remain a continuing component of compensation thereafter.
CalPERS Reporting and Compliance
The PERS-reportable Longevity Pay described in this Article shall be administered and reported in accordance with the California Code of Regulations, Title 2, Section 571(a)(1) and Section 571.1(b), and as identified in the CalPERS Special Compensation Reportability Table.
ARTICLE X – SPECIAL ASSIGNMENT PAY
Police Sergeant Special Assignment Premiums
Police Sergeants who are routinely and consistently assigned to the following specialized units shall receive a premium equal to four and one-half percent (4.5%) of their normal base pay:
• Special Weapons and Tactics (SWAT) – Fugitive Officer Premium (4.5% of base pay) • Detective Bureau – Detective Division Premium (4.5% of base pay) • Motorcycle Patrol – Motorcycle Patrol Premium (4.5% of base pay) • Explosive Ordnance Detail (EOD) – Hazard Premium (4.5% of base pay) • Office of Professional Standards (OPS) – Detective Division Premium (4.5% of base pay)
Police Lieutenant Special Assignment Premiums
Police Lieutenants who are routinely and consistently assigned to the following specialized units shall receive a premium equal to four and one-half percent (4.5%) of their normal base pay:
• Detective Bureau – Detective Division Premium (4.5% of base pay) • Special Weapons and Tactics (SWAT) – Fugitive Officer Premium (4.5% of base pay)
Assignment Authority and Discretion
Special assignments are made at the sole discretion of the Chief of Police. No employee shall have a vested right to a special assignment. Employees assigned to such positions, and the LPMO, acknowledge that employees may be transferred or reassigned from a special assignment on a non-punitive basis. Such transfers or reassignments shall not be subject to appeal or the grievance procedure.
Temporary Assignment
When an employee is temporarily assigned to perform the full range of duties of a special assignment listed in Police Sergeant Special Assignment and Police Lieutenant Special Assignment Sections above, eligibility for the applicable premium pay shall begin upon assignment by the Chief of Police.
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16 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 The premium shall remain in effect for the duration of the temporary assignment and shall cease upon the employee’s reassignment or return to regular duties.
Shift Differential – Graveyard Shift
Employees who are routinely and consistently assigned to the Graveyard Shift shall receive a two and one-half percent (2.5%) differential above their base pay while assigned to that shift.
For the purposes of this provision, “routinely and consistently” shall mean a duration of at least one entire pay period.
Shift differential pay shall be considered special compensation as defined in Title 2, California Code of Regulations, Section 571(a)(4) Shift Differential, and pensionable compensation under California Government Code Section 20636.
Shift differential pay is reportable to CalPERS as special compensation for both classic and PEPRA members, consistent with Title 2, California Code of Regulations, Section 571(a)(4) and applicable CalPERS guidance.
CalPERS Reporting and Compliance
All special assignment premiums listed in this Article shall be administered and reported in accordance with the California Code of Regulations, Title 2, Sections 571(a)(1) and 571.1. These premiums shall be reported to CalPERS as pensionable compensation for both Classic and PEPRA members
ARTICLE XI – TEMPORARY UPGRADE PAY
Eligibility and Compensation
Employees in this bargaining unit who are designated by the Chief of Police to perform the full range of duties of a higher-level classification shall receive Temporary Upgrade Pay in the amount of five percent (5%) of the employee’s regular base salary.
To be eligible for Temporary Upgrade Pay, the employee must be formally assigned by the Chief of Police and relieved of their regular job duties for the duration of the temporary assignment.
The additional compensation shall apply only for the period during which the employee performs the full range of duties of the higher classification.
Duration and Limitations
When assigned to temporarily fill a vacant position during the recruitment process for a permanent appointment, a temporary upgrade assignment shall not exceed nine hundred sixty (960) hours in a fiscal year, in accordance with Government Code Section 20480.
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17 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Assignments made for purposes other than filling a vacant position shall be limited in duration to the time period authorized by the Chief of Police.
Administrative Compliance
Temporary Upgrade Pay shall be reported to CalPERS as special assignment pay pursuant to the California Code of Regulations, Title 2, Sections 571 and 571.1.
All temporary upgrade assignments shall be documented in writing, specifying the effective date, duration, classification being filled, and the approving authority.
ARTICLE XII - CALL BACK PAY
Officers called to appear for work within two (2) hours of the beginning of a shift, or one (1) hour after the shift, shall receive overtime at the rate of time and one-half (1.5). Such appearances shall be reported as contiguous shift extensions. If the appearance begins more than two (2) hours before or more than one (1) hour after the scheduled shift, the employee will be credited a minimum of three (3) hours at the time and one-half (1.5) rate.
When an officer is ordered back to work on an “as soon as possible” basis and reports within thirty (30) minutes, the officer shall be compensated starting from the time of the call.
ARTICLE XIII – WELLNESS PROGRAM
Employees in the bargaining unit will be eligible for a Wellness Program Incentive of fifty dollars ($50.00) per month, paid in the employee’s regular payroll check on a bi-weekly basis in the amount of twenty-three dollars and eight cents ($23.08), upon successfully passing a physical agility examination on an annual basis. The examination will be proctored by Human Resources.
Testing for Sworn employees within the bargaining unit will consist of the following four (4) agility components:
• Fence Climb – Run 5 yards to a 6-foot solid fence, climb over fence, and continue running another 25 yards (must be completed with 19 seconds, employee allowed 2 attempts to complete the fence climb)
• Obstacle Course/Agility Run – Run a 99-yard obstacle course consisting of several sharp turn, a number of curb- height obstacles, and a 34-inch high obstacle that must be vaulted (must be completed within 28 seconds)
• Body Drag – Lift and drag 165-pound lifelike dummy 32 feet (must be completed within 15 seconds)
• 500-yard run – Run 500 yards (must be completed within 2 minutes and 30 seconds)
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18 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Testing for Miscellaneous (non-sworn) employees in this bargaining unit that work in the jail will be the same or equivalent to those required by Standards and Training in Corrections (STC) or Board of State and Community Corrections (BSCC) as follows:
• Complete a 50-yard sprint (must be completed within 20 seconds)
• Demonstrate ability to drag a 165 lb. weight (dummy) for a distance of 20 feet or more over a carpeted or flat, mowed grass surface (must be completed within 30 seconds)
• Demonstrate ability to walk a total distance of 75 feet wearing a 30-pound air pack/backpack (use of a SCBA tank). (must be completed within 30 seconds)
• On a flat course starting 15 yards back from a flight of stairs or bleacher steps, walk or jog the 15 yards, climbing up 10 steps, then turn, climb back down the steps, and walk briskly or jog back to the starting point. Participant must hit every step up and back down. (must be completed within 30 seconds)
Employees must successfully pass each component within the prescribed time period to be eligible for the incentive. Employees who fail the examination will be allowed to re-test one time within thirty (30) days of failing the examination. If the employee fails the re-test, the employee will not be eligible to re-test until the next scheduled annual examination.
Employees who are on vacation, injury leave, or modified duty and are not able to participate in the annual examination, will be given the opportunity to take the examination within thirty (30) days of returning to full duty.
The first examination began prior to November 30, 2018, and the parties agree that is will be conducted annually thereafter, except for re-testing as stated above. Employees who successfully pass the examination will receive the Wellness Program Incentive effective the first of the pay period following successful completion of the examination.
Employees who fail the annual testing will lose the incentive until they successfully pass the examination.
CHAPTER 2 - BENEFITS AND INSURANCES
ARTICLE XIV – CAFETERIA PLAN
City Contribution
The City shall contribute an amount equal to ninety percent (90%) of the premium cost of the lowest-cost CalPERS HMO plan available within ZIP Code 95240 toward each eligible employee’s health insurance coverage by enrollment category. 986
19 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
This contribution shall be adjusted annually, effective the first pay period in January, based on CalPERS premium rates.
Employees who select plans costing more than the City’s contribution shall pay the premium cost difference through payroll deductions.
Eligibility
Regular full-time employees are eligible to participate in the Cafeteria Plan beginning the first day of the month following hire.
Employee’s eligible dependents may be enrolled in accordance with CalPERS and the employee’s selected plan rules.
Changes in health insurance coverage may occur only during the City’s open enrollment period or following a qualifying event as defined under Internal Revenue Code Section 125.
Health Insurance coverage ends the last day of the month in which employment terminates, unless continued under Consolidated Omnibus Budget Reconciliation Act (COBRA).
Eligible Benefits
City contributions under this Article may be applied to the following benefits:
- Medical Insurance – see Article XXIV – Health Insurance - Vision Insurance – see Article XVI – Vision Insurance - Chiropractic Services – see Article XVII – Chiropractic Services
Administration and Opt-Out
The Cafeteria Plan shall be administered in accordance with Internal Revenue Code Section 125 and applicable CalPERS regulations.
Employees providing proof of alternate qualifying medical coverage may opt out of City- provided medical insurance and will receive the applicable opt-out or cash-in-lieu benefit as described in Article XXIV – Health Insurance.
All employees are offered medical insurance for themselves and their eligible dependents through CalPERS medical plans.
Effective January 1, 2026, the City shall contribute an amount equal to ninety percent (90%) of the premium, by enrollment category, for the lowest-cost HMO plan available in ZIP code 95240. Employees shall be responsible for the difference between the City’s contribution and the premium of the plan the employee selects. Employee contributions shall be collected through payroll deductions. Employees may elect to have premium deductions withheld from pre-tax 987
20 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 wages through the City’s Flexible Spending Account benefits Premium Only Plan (POP) as described in Article XX below.
The City’s ninety percent (90%) contribution and corresponding ten percent (10%) employee contribution shall be reviewed annually and any necessary adjustments would be implemented at the first pay period in January to reflect any changes in premium rates for the lowest-cost HMO plan available in ZIP code 95240. The City’s contribution percentage shall not be reduced below ninety percent (90%) without mutual agreement between the City and the LMPO bargaining unit.
Employees who elect to waive medical insurance coverage through the City shall receive an additional “cash in lieu” of medical benefits amount as follows:
• $692.81 per month for family coverage
• $532.92 per month for employee + one dependent coverage • $305.22 per month for single coverage
The monthly cash- in-lieu amounts shall be divided equally between the two pay periods each month and paid, at the employee’s option, either as a flat taxable cash amount or as a contribution to the employee’s deferred compensation account. To be eligible for cash-in-lieu, an employee must provide the City with proof of other qualifying group medical insurance coverage.
Eligibility
Employees shall become eligible for medical insurance on the first day of the month following the date on which they become full-time regular employees of the City.
ARTICLE XV – DENTAL / ORTHODONTIA INSURANCE
Coverage
Employees shall be provided fully paid family dental insurance. The City shall pay the full cost of the dental insurance premium for the employee and all eligible dependents.
The City reserves the right to select or change the dental insurance administrator or plan provider, provided that the level of benefits remains substantially equivalent to those provided under the existing plan.
Benefits
Maximum dental benefits shall be one thousand two hundred fifty dollars ($1,250) per calendar year for each family member enrolled in the dental plan. A twenty-five dollar ($25) deductible and applicable co-insurance provisions shall apply.
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21 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 The City shall provide orthodontia benefits with a lifetime maximum benefit of one thousand two hundred fifty dollars ($1,250) for each eligible family member covered under the dental plan.
Continuation of Coverage
The City’s contribution toward group dental, orthodontia, chiropractic, and vision insurance shall continue only while the employee remains in paid status or during periods of legally protected leave, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and Pregnancy Disability Leave (PDL).
ARTICLE XVI – VISION CARE INSURANCE
The City shall contribute to the Cafeteria Plan a dollar amount equal to the premium necessary to provide employees with vision care insurance through the Vision Service Plan (VSP) by enrollment category (Employee, Employee +1 or Family). The services covered and the amount of coverage shall be as outlined in the VSP Summary of Benefits.
The City reserves the right to select or change the vision insurance carrier, provided that the level of benefits remains substantially equivalent to those provided under the existing plan.
Employees may opt out of City provided Vision Care and apply the City contribution towards medical premiums.
ARTICLE XVII – CHIROPRACTIC SERVICES
The City shall contribute to the Cafeteria Plan a dollar amount equal to the premium, by enrollment category (Employee, Employee +1 or Family), necessary to provide employees and their eligible dependents chiropractic services under the City’s Chiropractic benefit program.
This benefit allows for up to a maximum of forty (40) visits per calendar year.
A co-payment of ten dollars ($10.00) per visit shall apply for each covered chiropractic service.
Employees may opt out of City provided Chiropractic Care and apply the City contribution towards medical premiums.
ARTICLE XVIII – EMPLOYEE ASSISTANCE PROGRAM
Employees, their spouses, and dependent children shall be eligible to participate in the City’s Employee Assistance Program (EAP). Each eligible individual shall be entitled to three (3) free counseling visits per calendar year with a licensed clinical social worker (LCSW) or other qualified EAP provider designated by the City.
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22 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Following the exhaustion of the three (3) free visits, additional visits may be covered or supplemented through the employee’s medical insurance plan, subject to the terms and limitations of that plan.
Participation in the Employee Assistance Program is voluntary and confidential. No identifying information regarding participation or services received shall be shared with the City without the employee’s prior written consent, except as required by law.
ARTICLE XIX – DEFERRED COMPENSATION
Participation
Employees may participate in the City’s Deferred Compensation Plan in accordance with the provisions of Section 457 of the Internal Revenue Code. Participation shall be entirely voluntary and subject to the rules and regulations established by the plan administrator and applicable federal law.
City Contribution
The City shall match employee contributions to the Deferred Compensation Plan in an amount up to a maximum of three percent (3.0%) of the employee’s base salary.
City contributions shall be deposited into the employee’s designated deferred compensation account in accordance with applicable Internal Revenue Service (IRS) regulations and the provisions of their selected plan.
ARTICLE XX – FLEXIBLE SPENDING ACCOUNT (SECTION 125 PLAN)
Participation
Employees shall have the option of participating in the City’s Flexible Spending Account (FSA) Plan established under Section 125 of the Internal Revenue Code. Employees may elect to participate in one or more of the following plan options:
• Premium Only Plan (POP)
• Medical Flexible Spending Account (FSA)
• Dependent Care Flexible Spending Account (DCFSA)
Enrollment and Election Periods
Elections for the upcoming calendar year shall be made during the annual open-enrollment period held each November or in the event of a qualifying change in family status as defined by the Internal Revenue Code and applicable IRS regulations.
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23 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Funds elected but not used by the end of the plan year shall be forfeited by the employee in accordance with federal “use-it-or-lose-it” rules, except as otherwise provided by the carryover or grace-period provisions described below.
Carryover or Grace Period Provision
The City’s FSA may include one of the following IRS-approved options, as specified in the City’s official Section 125 Plan Document:
• A carryover provision that allows an active participant to automatically carry over up to six hundred eighty dollars ($680) into the subsequent plan year (the allowable amount may be adjusted annually by the IRS);
or
• A grace period of up to two and one-half (2½) months following the close of the plan year, during which eligible expenses incurred may be applied against the prior year’s unused balance.
Any unclaimed funds exceeding the allowable carryover limit or not used within the grace- period timeframe shall be forfeited after the final filing date established by the plan administrator.
ARTICLE XXI– EDUCATION INCENTIVE PAY
Purpose and Eligibility
The following educational courses, certificates, and degrees are recognized as enhancing the knowledge, skills, and effectiveness of employees represented by this bargaining unit in the performance of their duties. Accordingly, eligible employees shall receive Education Incentive Pay as set forth below.
Incentive Amounts
Education incentives shall be available to eligible employees as follows:
Qualification Monthly
Incentive
CalPERS Reporting Classification
Bachelor’s Degree $200.00 Educational Pay – CCR Title 2, §571(a)(1)(E) (Classic) / §571.1(b)(3)(E) (PEPRA)
Advanced POST
Certificate
$300.00 Certification Pay – CCR Title 2, §571(a)(1)(F) (Classic) / §571.1(b)(3)(F) (PEPRA)
Supervisory POST
Certificate
$400.00 Certification Pay – CCR Title 2, §571(a)(1)(F) (Classic) / §571.1(b)(3)(F) (PEPRA)
Management POST
Certificate
$500.00 Certification Pay – CCR Title 2, §571(a)(1)(F) (Classic) / §571.1(b)(3)(F) (PEPRA)
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24 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 POST incentives shall be paid based upon the highest-level POST certificate held and shall not be stackable.
Verification and Documentation
Employees must provide official documentation, such as an accredited college transcript or an official POST certificate, verifying completion of the degree or certification before Education Incentive Pay becomes effective. Incentive pay shall begin the first full pay period following verification by the Human Resources Department.
ARTICLE XXII – OVERTIME
Applicability
The following special provisions for the payment of overtime shall apply to Police Sergeants, Dispatch Supervisors, and Police Lieutenants.
Employees assigned to Investigations or Administrative positions work a 4/10 schedule consisting of four ten-hour days per week, for a total of forty (40) hours per week.
Employees assigned to Patrol work a modified 4/10 schedule, consisting of thirty (30) hours one week and fifty (50) hours the following week, averaging forty (40) hours per workweek over the two-week cycle.
Employees shall be compensated at one and one-half (1½) times their regular rate of pay for time worked due to emergencies in excess of their regularly scheduled hours within a seven (7) day work period (i.e., over forty (40) hours in a workweek).
Emergencies shall be determined by the Police Chief, but are not limited to, the following circumstances: but are not limited to, the following circumstances:
• The necessity to cover scheduled shifts;
• Direct supervision of crews assigned to work during normal days off to accommodate public needs;
• Breakdown of equipment and/or systems requiring the presence of the mid-manager in order to restore service; or
• After-hours supervision of ongoing investigations.
Exclusions from Overtime Pay
Overtime compensation shall not be paid for time spent in the following activities:
• Staff meetings;
• Special projects;
• Conferences and seminars, except as provided in “Training and Special Events” below • Appearances before the City Council or City commissions; • Public information presentations; or
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25 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 • Activities related to the completion of normal duties or programs such as budgets, inventories, annual financial closings, labor negotiations, or recreation programs.
Approval of Overtime
All overtime must be approved by the Police Chief. Any deviation from these guidelines must receive prior approval from both the Police Chief and Human Resources Manager or City Manager.
Compensatory Time upon Promotion
Upon promotion into a Mid-Management position, all previously accrued CTO must be either used or paid out prior to the effective date of promotion.
Training and Special Events
Police Lieutenants, Dispatch Supervisors, and Sergeants shall be compensated for overtime hours required for attendance at State-mandated training and for work performed at special events as designated by the Police Chief or Division Commander.
Police Captain Classification
The classification of Police Captain is designated as exempt from overtime and is not eligible for overtime pay under this Article, except when overtime is required during a declared state of emergency and the related expenditure is mandated for reimbursement to the City. In such instances, Police Captains shall track and report their overtime hours consistent with the rules listed above for Police Lieutenants and Sergeants.
ARTICLE XXIII – RETIREMENT BENEFITS
The City provides retirement benefits through CalPERS. Employees shall receive the following retirement benefits according to their CalPERS membership tier.
Tier One (Classic) – Public Safety/Sworn Members
Applies to employees hired prior to December 22, 2012 and deemed “Classic” members by CalPERS.
• 3 % @ 50 plan
• 1959 Survivor Benefit – Third Level
• Service Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Single Highest Year
• Employee shall pay the full employee share of retirement costs (9 %) as calculated by CalPERS, plus a three percent (3 %) cost share of the employer’s normal cost, for a total contribution of twelve percent (12 %).
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26 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
Tier One (Classic) – Miscellaneous Members
Applies to employees hired prior to December 22, 2012 and deemed “Classic” members by CalPERS.
• 2 % @ 55 plan
• 1959 Survivor Benefit – Third Level
• Service Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Highest Three (3) Year Average
• Employee shall pay the full employee share (7 %) plus a three percent (3 %) employer cost share, for a total of ten percent (10 %).
Tier Two (Classic) – Public Safety/Sworn Members
Applies to employees hired on or after December 22, 2012 and deemed “Classic” members by CalPERS.
• 3 % @ 55 plan
• 1959 Survivor Benefit – Third Level
• Service Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Highest Three (3) Year Average
• Employee shall pay 9 % statutory plus 3 % employer cost share = 12 % total.
Tier Three (PEPRA) – Public Safety/Sworn Members
Applies to employees hired on or after January 1, 2013 and deemed “New Members” under PEPRA.
• 2.7 % @ 57 plan
• 1959 Survivor Benefit – Third Level
• Service Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Highest Three (3) Year Average
• Employee shall pay twelve percent (12 %) of the retirement cost as calculated by CalPERS in its annual actuarial valuation (one-half of the normal cost of pension).
Tier Two (PEPRA) – Miscellaneous Members
Applies to employees hired on or after January 1, 2013 and deemed “New Members” under PEPRA.
• 2 % @ 62 plan
• 1959 Survivor Benefit – Third Level
• Service Credit for Unused Sick Leave
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27 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 • Military Service Credit as Public Service
• Highest Three (3) Year Average
• Employee shall pay twelve percent (12 %) of the retirement cost as calculated by CalPERS in its annual actuarial valuation (one-half of the normal cost of pension).
Classic Member Cost Sharing
In accordance with California Government Code Section 20516(a), each Classic employee (Tiers One and Two for Public Safety/Sworn and Tier One for Miscellaneous) shall contribute on a pre- tax basis a three percent (3 %) cost share of the employer’s normal pension cost, in addition to the CalPERS statutory member contribution.
Total pension contribution: twelve percent (12 %) for Public Safety/Sworn and ten percent (10 %) for Miscellaneous. The City and LPMO agree that these cost-sharing provisions satisfy Government Code Sections 20516 and 20516.5 requirements.
PEPRA Member Cost Sharing
In accordance with California Government Code Section 20516(a), effective July 1, 2019, all employees deemed “New Members” under PEPRA (Tier Three Public Safety/Sworn and Tier Two Miscellaneous) shall contribute, on a pre-tax basis:
• Twelve percent (12 %) of the retirement cost as calculated by CalPERS in its annual actuarial valuation (one-half of the normal cost of pension). • The parties mutually recognize and acknowledge that these provisions satisfy Government Code §20516.5.
Cost-Sharing Summary (Effective October 21, 2019)
Member Tier Plan Formula Employee
Contribution
Rate
Employer Cost
Share Paid by
Employee
Total Employee
Contribution
Obligation
Classic Sworn (Tier 1
& 2)
3% @ 50 /
3% @ 55
9% member
rate
3% employer
cost share
12% total
Classic Miscellaneous
(Tier 1)
2% @ 55 9% member
rate
3% employer
cost share
12% total
PEPRA Sworn (Tier 3) 2.7% @ 57 12% member
rate
— 12% total
PEPRA Miscellaneous
(Tier 2)
2% @ 62 50% Normal
Cost
— 50% Normal Cost
Employee contributions under this Article are deducted on a pre-tax basis under Internal Revenue Code Section 414(h)(2) and credited to each employee’s CalPERS account.
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28 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 ARTICLE XXIV– SICK LEAVE CONVERSION
A retiring employee will be able to convert unused sick leave to service credit for CalPERS retirement purposes, per Government Code Section 20965.
ARTICLE XXV - LIFE INSURANCE
Employees are provided with term life and accidental death and dismemberment (AD&D) insurance with a maximum benefit of twenty-five thousand dollars ($25,000) each. Benefit amounts shall decrease after age seventy (70) based on the insurance carrier’s age-related reduction schedule.
Employees are also provided with business travel accident insurance with a maximum benefit of one hundred thousand dollars ($100,000). This coverage applies while the employee is traveling on official City business outside the City limits. Spouses and registered domestic partners are covered only while accompanying the employee on City business, or while conducting official business on behalf of the City.
These insurance benefits shall be administered through a licensed carrier authorized to provide coverage within the State of California. All reductions or limitations shall be applied uniformly and in compliance with applicable federal and state law.
ARTICLE XXVI - LINE-OF-DUTY DEATH –HEALTH AND DENTAL BENEFITS
The City shall pay one hundred percent (100%) of the premiums for health and dental insurance benefits described in this MOU for the surviving spouse or registered domestic partner, and any eligible dependent children, of any Public Safety/Sworn employee represented by the LPMO who is killed or dies in the performance of official duties.
Premiums shall continue to be paid by the City until such time as the surviving spouse or registered domestic partner remarries or becomes covered under another health or dental insurance plan.
Coverage for dependent children shall continue until the earlier of:
• The child reaches age twenty-six (26); or
• The child becomes covered under alternative medical or dental insurance provided through the surviving spouse, registered domestic partner, or another parent or guardian.
This benefit shall be administered in accordance with applicable state and federal continuation coverage laws, and in compliance with the City’s insurance carrier requirements.
ARTICLE XXVII - TUITION REIMBURSEMENT
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29 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Tuition reimbursement will be provided as stated in the City’s current Tuition Reimbursement Policy. The City will not eliminate this policy during the term of this MOU. The parties agreed that employees are eligible to utilize the Tuition Reimbursement Policy after six (6) months of employment with the City
CHAPTER 3 - LEAVES
ARTICLE XXVIII - VACATION LEAVE
Employees hired on or after July 1, 1994 shall receive vacation benefits as follows:
Years of Service Accrual Rate (Hours per Pay Period)
Years of Service Accrual Rate
Accrual Cap
Date of Hire: 3.08 hours per pay period 160 Hrs.
6th year 4.62 hours per pay period 240 Hrs
12th year 5.23 hours per pay period 272 Hrs
15th year/above 6.16 hours per pay period
320 Hrs
Date of Hire: 3.08 hours per pay period
6th year 4.62 hours per pay period
12th year 5.23 hours per pay period
15th year/above 6.16 hours per pay period
Vacation leave shall be used in increments of not less than one-quarter (¼) hour. Employees may accumulate a maximum of twice (2x) their annual vacation accrual. Once the accrual cap is reached, no additional vacation hours shall be earned until usage brings the total below the established cap.
All vacation accrual, usage, and cash-out provisions shall be administered in accordance with applicable state and federal laws, CalPERS regulations, and IRS requirements. Vacation cash- outs shall be processed in compliance with constructive receipt rules and reported consistent with CalPERS guidelines regarding pensionable compensation.
Annual Vacation Cash-Out Election
To provide flexibility in managing time and income, employees may annually pre-schedule the cash-out of accrued Vacation hours. Each year, employees may submit an irrevocable election to cash out any hours exceeding eighty (80) on the books at the time of payment. Employees may elect one or two payments within the calendar year, as aligned with the City’s payroll schedule.
Elections apply only to Vacation earned in the following calendar year and must be submitted by December 31 of the preceding year, consistent with IRS Regulations (26 CFR §1.451-2) and Revenue Ruling 2009-31. Once submitted, elections are final.
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30 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Cash-outs occur on the City’s regular April and October payrolls, or at other times designated by the City, and are paid at the employee’s regular rate of pay, including any applicable premiums or differentials under the FLSA.
The Human Resources Department will retain all election forms for a minimum of four (4) years to ensure audit and compliance. Employees who do not submit an election will remain in the standard Vacation accrual program and may participate in future years.
Optional Existing-Balance Cash-Out
At its discretion, the City may authorize cash-outs of previously accrued Vacation from prior years. Such discretionary payments are treated as regular wages and are not subject to pre- election rules.
ARTICLE XXIX - ADMINISTRATIVE LEAVE
Employees shall be credited with eighty (80) hours of administrative leave each calendar year, effective the first pay period in January. Administrative leave may be taken in increments of no less than one-quarter (¼) hour.
Administrative leave balances must be used or cashed out prior to December 31st of each calendar year; any remaining balance after that date shall be forfeited. The parties expressly agree that Labor Code Section 227.3 does not apply to administrative leave.
New employees, or employees who become eligible due to promotion, shall receive administrative leave on a prorated basis, with six and two-thirds (6.67) hours granted for each full calendar month remaining in the calendar year, up to a maximum of eighty (80) hours.
Employees separating from City service mid-year shall receive a cash payout for any unused administrative leave on a prorated basis, consistent with Section 26.2. Administrative leave used but not yet accrued in accordance with Section 26.2 shall be repaid to the City.
Employees may cash out up to eighty (80) hours of their current administrative leave balance in any calendar year, except during the months of May and June. Requests to cash out administrative leave must be submitted in writing to the Finance Division for processing.
ARTICLE XXX - HOLIDAYS
Effective January 1, 2019, all employees in the bargaining unit will receive a bank of holiday leave and will no longer observe the City’s fixed holiday schedule. Effective July 1, 2022, the holiday leave bank will be increased by ten (10) hours in recognition of the Juneteenth holiday.
Thereafter, on January 1 of each year every represented employee of the LPMO shall receive one hundred forty-five (145) hours of floating holiday leave.
The City observes 10.5 holidays, in addition to 4 floating holidays. The observed holidays are as follows:
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31 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 New Year's Day January 1
Martin Luther King Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day 4th Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Friday following Thanksgiving Day Christmas Eve (four hours) December 24
Christmas Day December 25
Holiday hours shall be taken in increments of not less than quarter (1/4) hours.
If holiday leave is not used by the end of the calendar year, any remaining hours will be cashed out to the employee in the last pay check in December of that calendar year. Employees hired or separated mid-year shall be credited or debited with five and fifty -eight one-hundredths (5.58) hours per remaining full pay period in the calendar year. Holiday cash out compensation is reportable as earned in complian ce with the Public Employee’s Retirement Law (PERL) and Government Code Section 20630 for all bargaining unit members classified as a CalPERS Classic Members. Holiday cash out for CalPERS PEPRA members are not pensionable compensation.
Floating holiday hours are considered not pensionable compensation for both Classic and PEPRA members.
Holiday Pay is for Additional compensation for employees who are required to work on C ity observed holidays because they work in positions that require scheduled staffing without regard to holidays.
ARTICLE XXXI – SICK LEAVE
Accrual and Use
Sick leave is earned at the rate of five and fifty-four one-hundredths (5.54) hours per pay period, with no limit on the amount that may be accrued. Sick leave shall be used in increments of not less than one-quarter (¼) hour.
Purpose and Intent
The objective of this section is to promote the health and general welfare of City employees while ensuring maximum and reasonable job attendance. Sick leave is not intended as additional vacation or discretionary leave, but rather as a benefit of paid time away from duty for legitimate health-related reasons as defined below.
Sick leave may be used in the following circumstances:
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32 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 • Actual illness or injury of the employee.
• Medical or dental appointments for the employee or an immediate family member, when such appointments cannot be scheduled during off-duty hours and when the family member is incapable of independently attending such appointments. • When the employee’s medical attention to an immediate family member is required.
For the purpose of this Article, immediate family includes the employee’s spouse, registered domestic partner, child of any age or dependency status (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis), parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of the employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor), grandparent, grandchild, sibling, or a designated person.
For purposes of this Article, a designated person means an individual identified by the employee at the time the employee requests paid sick leave. Employees may designate one such person per twelve (12)-month period for whom they may use paid sick leave to provide care.
ARTICLE XXXII– FAMILY AND MEDICAL LEAVE
Family and Medical Leave (FMLA/CFRA)
The City shall comply with the requirements of the federal Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA), as defined in California Government Code Sections 12945.1 and 12945.2, and as further detailed in the City’s Personnel Policies and Procedures Manual.
Employees eligible for leave under the FMLA and CFRA Acts shall be entitled to all rights, protections, and benefits provided by applicable federal and state law, including job protection and continuation of employer-paid health benefits during qualifying leave.
ARTICLE XXXIII - CATASTROPHIC LEAVE
Catastrophic leave is available to employees is accordance with the City’s current Catastrophic Leave policy.
ARTICLE XXXIV - BEREAVEMENT LEAVE
Bereavement leave is available to employees in accordance with the City’s current Bereavement Leave policy.
ARTICLE XXXV – LEAVES OF ABSENCE
Leaves of Absence are available to employees in accordance with the City’s current Leave of Absence policy.
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33 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
ORGANIZATION/CITY ISSUES
ARTICLE XXXVI – PROBATIONARY PERIOD
Probationary Period
Employees shall serve a probationary period of one (1) year. During probation, new hires shall have the same rights and privileges as regular employees, except as noted below:
• The City and employee may mutually agree to extend the probationary period for up to six (6) additional months.
• The employee serves “at will,” and rejection during probation shall not be subject to the grievance procedure.
Completion of the probationary period shall require one (1) full year of service in a full, unrestricted duty status. Leaves of absence or modified duty assignments lasting thirty (30) calendar days or more shall extend the probationary period by the length of such leave or modified duty.
New hires and promotional appointments shall be eligible for a merit increase upon successful completion of the probationary period.
ARTICLE XXXVII – INDEMNIFICATION AND DEFENSE
General Indemnification
Employees shall be indemnified and held harmless by the City against all costs, legal expenses, and liability arising out of decisions made in their official capacity for the City and/or from any cause of action for property damage or personal injury, including death, sustained by any person(s) as a result of such decision made in their capacity, except as otherwise provided below.
Exceptions to Mandatory Defense and Indemnification
The City is not required to, but may, provide for the defense of an action or proceeding brought against an employee or former employee if the City determines that:
• The act or omission was not within the scope of employment; or • The employee acted or failed to act because of actual fraud, corruption, or actual malice; or
• The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee.
Punitive or Exemplary Damages
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34 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
The City is not required to, but may, pay any claim or judgment for punitive or exemplary damages under the following circumstances:
• The judgment is based on an act or omission of an employee or former employee acting within the course and scope of their employment as an employee of the City; • At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice, and in the apparent best interests of the City; and
• Payment of the claim or judgment would be in the best interests of the City, as determined by the City Council.
Statutory Authority
This Article shall be administered in accordance with California Government Code Sections 825–825.6 and 995–996.6, as may be amended, which govern the defense and indemnification of public employees.
Legal Representation Procedures
Pursuant to California Government Code Section 996.4, when the City elects to provide for the defense of an employee or former employee under this Article, the City Attorney shall represent the employee unless the City determines that representation by the City Attorney would create a conflict of interest.
In such cases, the City may, at its discretion, provide for representation by outside legal counsel selected and retained by the City. Any such representation shall be conducted under the direction and control of the City, consistent with applicable law and the City’s risk management policies.
ARTICLE XXXVIII – GRIEVANCE PROCEDURE
Scope of Grievance Procedure
Disputes involving the following subjects shall be determined by the Grievance Procedures established herein:
• The interpretation or application of any of the terms of this Agreement, including Exhibits, Letters of Agreement, and formal interpretations or clarifications executed by the Association and the City.
• Disputes as to whether a matter is a proper subject for the Grievance Procedure. • Disputes of a class action nature filed on behalf of the Association or the City.
Class Action Grievances
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35 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
Class action grievances shall be submitted in writing by the LPMO President to the City Manager, or vice versa, depending upon the party initiating the grievance. Only one grievance shall be processed for all employees affected by the same issue, and the final resolution shall apply equally to all such employees.
Step One – Department Level Discussion
The grievance shall first be discussed between the employee, the Association Representative, and the Chief of Police (or Department Head). The Chief shall provide a written response within fifteen (15) work days following the discussion.
This step must be initiated within thirty (30) work days of the date of the action complained of, or within thirty (30) work days of the date the grievant knew or reasonably should have known of the incident that is the basis of the grievance.
Step Two – City Manager Review
If a grievance is not resolved at Step One, the Association may advance it to Step Two by submitting the grievance in writing to the City Manager within fifteen (15) work days after receipt of the Step One response.
The City Manager shall issue a written decision within fifteen (15) work days of receipt of the grievance. The City Manager’s decision shall be final and binding regarding the City’s administrative grievance process.
Definition of Work Days
For purposes of this procedure, the term “work days” shall mean Monday through Friday, excluding City-recognized holidays and regular days off (RDOs).
Extension of Time Limits
The time limits specified in this Article may be extended by mutual written agreement between the City and the Association. Any such agreement shall be confirmed in writing prior to the expiration of the applicable deadline.
ARTICLE XXXIX– DISCIPLINARY ACTION AND APPEALS
Basis
The City may discipline any employee in City service. Discipline may include discharge, demotion, suspension, reduction in pay, or oral or written reprimand. Only regular employees shall have the right to a hearing and appeal as described in this Article.
FLSA Exempt Employees
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36 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
With respect to employees in classifications deemed exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), disciplinary suspensions pursuant to this policy shall be administered in accordance with the salary basis test under the FLSA’s governing regulations.
Cause
Causes for discipline of any regular employee shall follow the listing of causes noted in the City’s Rules for Personnel Administration, as well as the following additional causes:
• Discrimination, including harassment, against other employees or members of the public on the basis of race, religion, color, national origin (including language use), ancestry, physical disability, mental disability, medical condition (for example, HIV/AIDS or cancer), genetic information, marital status
, sex (including pregnancy, childbirth,
breastfeeding/nursing, and related medical conditions), gender, gender identity, gender expression, age (40 or older), sexual orientation, military and veteran status. • , or any other legally protected classification.
• Unauthorized possession or use of controlled substances or alcohol on City property and/or at the worksite.
Persons Authorized to Take Disciplinary Action
Employee discipline may be initiated by the Police Chief for cause against any employee under their supervision. Disciplinary actions in the form of termination or discharge shall be subject to final approval by the City Manager.
Pre-Disciplinary Notice (Except in Cases of Oral or Written Reprimand)
A Notice of Intended Disciplinary Action shall be prepared in writing by the Police Chief or designee proposing the discipline and shall be served on the employee in person or by registered or certified mail. Notice shall be served prior to the action becoming effective; however, where circumstances require immediate removal of the employee from the workplace, notice shall be provided within two (2) working days from the date of removal. Employees so removed shall be placed on paid administrative leave pending imposition of discipline.
A copy of the Notice shall also be filed with the Human Resources Manager. The written Notice of Intended Disciplinary Action shall contain the following information:
• The specific type of proposed disciplinary action;
• The effective date of the proposed action;
• The specific reason(s) or cause(s) for the action;
• Citation to the rules, regulations, MOU provisions, and/or statutes that have been violated;
• Actual copies of all materials upon which the action is based; and • Notice that the employee has the right to respond orally or in writing within ten (10) days to the Department Head initiating the disciplinary action. No hearing before the City Manager is available to review oral or written reprimands.
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37 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 An employee who responds orally or in writing shall be entitled to meet in an informal Skelly conference with the Police Chief or designee and shall be given the opportunity to rebut the charges or to present mitigating circumstances.
In the case of oral or written reprimand, the Police Chief’s decision shall be final.
In the case of discharge, demotion, suspension, or reduction in pay, the Police Chief or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose, rescind, or modify the proposed action. The recommendation shall also be served on the employee and shall contain:
• The specific type of disciplinary action recommended; • The specific reason(s) or cause(s) for the action.
Final Notice of Disciplinary Action
Following review of the Police Chief’s recommendation and the determination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of:
1. The disciplinary action to be taken;
2. Its effective date; and
3. The employee’s appeal rights.
Disciplinary action shall become effective on the date stated in the Final Notice unless the City Manager extends the date in writing.
The City Manager shall file a copy of the Final Notice with the Human Resources Manager and deliver a copy to the employee personally or by registered or certified mail.
Post-Disciplinary Appeal of Disciplinary Action
In the event of a demotion, suspension, or dismissal, and the affected employee is not satisfied with the City Manager’s decision, the employee may appeal the decision by filing a written appeal with the Human Resources Manager within fifteen (15) work days following service of the Final Notice of Disciplinary Action.
The written appeal shall include:
• A written reply to the charges against the employee; and • A written request for an appeal hearing.
• A copy of the appeal shall also be submitted to the City Manager.
Appeal Hearing
If an employee submits an appeal, the City shall refer the case to a neutral hearing officer 1005
38 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 selected through the California State Mediation and Conciliation Service (SMCS) to hear the appeal and submit an advisory decision to the City Manager.
Selection of the hearing officer shall be made by the parties’ mutual selection from a list of seven (7) neutral hearing officers provided by SMCS. If no mutual agreement is reached, the parties shall alternately strike names until one remains, with the first strike determined by lot.
The hearing shall follow these standards and procedures:
1. The hearing shall be informal; strict rules of evidence shall not apply.
2. The parties may present and cross-examine witnesses, make opening and closing statements, and file written closing briefs. Witness testimony shall be given under oath or affirmation.
3. The hearing officer may exclude testimony
or evidence which they determine is irrelevant or
unduly repetitious evidence.
4. Attendance shall be limited to persons with a direct connection to the appeal. Witnesses shall normally be present only while testifying and may testify only in the presence of the employee or their representative and the City’s representative.
5. The hearing shall be held at a mutually agreed-upon location that is accessible to all parties. If the parties cannot agree, the hearing shall be conducted on City premises. Any facility rental fees or other reasonable costs associated with securing an alternative hearing location shall be borne by the City.”
6. The hearing officer’s authority is limited to reviewing the factual basis supporting the discipline and determining whether it was reached honestly, after a fair and procedurally correct investigation, and for reasons that were not arbitrary, discriminatory, or pretextual.
7. The hearing officer’s decision shall conform to the following:
• If the hearing officer affirms the factual basis for the discipline, they may not substitute their judgment for management’s as to the level of discipline imposed. • If the hearing officer finds that the level of discipline is excessive, they may submit an advisory opinion to the City Manager suggesting a modified level of discipline. • If the hearing officer does not affirm the factual basis, the normal remedy will be to remand the matter to the decision level where the error occurred for reevaluation and/or correction consistent with the findings. The hearing officer may retain jurisdiction to ensure compliance with the remand decision.
The cost of the hearing officer shall be borne by the City. The parties shall share equally the cost of the court reporter. Each side shall bear its own costs of representation.
Final Decision
The decision of the City Manager following consideration of the hearing officer’s advisory recommendation shall be final and binding.
Judicial Review
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39 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028
Judicial review of any decision rendered under this section shall be governed by California Code of Civil Procedure Section 1094.5.
Police Officers’ Bill of Rights Compliance
Notwithstanding anything in this MOU, all discipline under this Article shall conform to the requirements of the Public Safety Officers Procedural Bill of Rights Act (POBR) as set forth in California Government Code Sections 3300 et seq. for sworn personnel.
The Lodi Police Department further extends the procedural protections and principles of the POBR to all employees covered by this MOU, regardless of sworn status, to ensure that every employee is afforded a fair, transparent, and consistent disciplinary process.
ARTICLE XL – EMPLOYEE RIGHTS AND ASSOCIATION RELATIONS
Timeliness of Disciplinary Action
The City agrees that all disciplinary actions shall be taken in a timely manner, recognizing that the processes of imposing discipline, grieving such discipline, conducting investigations, and pursuing criminal proceedings may reasonably extend time frames. This process includes the investigation of complaints, recommendations for discipline to the Office of the Police Chief, and the imposition of discipline.
Public Safety Officers Procedural Bill of Rights (POBR)
The City shall abide by the POBR (Government Code Sections 3300 et seq.) with respect to Public Safety/Sworn employees, and such provisions are hereby incorporated into this MOU by reference for sworn employees only.
ARTICLE XLI – REST PERIOD
Intent
The intent of a rest period is to ensure that each employee is adequately rested for their assigned work shift.
Rest Period Entitlement
Employees shall receive a continuous eight (8)-hour rest period immediately preceding or immediately following their scheduled court appearance or other departmental assignment(s), if less than eight (8) hours has elapsed during either of the following timeframes:
1007
40 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 • Between the time the employee’s regular work shift ends and the scheduled court appearance or departmental assignment begins; or
• Between the time the employee is dismissed from the court appearance or departmental assignment and the start of their next regular work shift. • This rest period shall not be charged to the employee and shall be considered authorized leave with pay.
Use of Leave Balances
If an employee receives approval to take the remaining portion of their scheduled shift off, the employee’s applicable leave balances shall be charged for the entire shift, as if no rest period had occurred.
Limitations
The rest period provision does not apply when an employee is scheduled for court, an appearance, or an assignment on the day immediately following a regular day off.
ARTICLE XLII– REOPENER AND SEVERABILITY
In the event that any provision of this MOU is modified by a statute, regulation, or by a competent order of a court in such a manner as to materially affect either the employees or the City, or is found by a court of competent jurisdiction to be invalid or unenforceable, the City and the LPMO agree to reopen this MOU and to renew meeting and conferring on the affected subjects.
All remaining provisions of this MOU shall be severable and shall continue in full force and effect, unless and until they are also modified by statute, regulation, competent court order, or by mutual agreement between the City and the LPMO.
CHAPTER 4 - WORK HOURS
ARTICLE XLIII – WORK SCHEDULES AND SHIFT ASSIGNMENTS
Work Schedule
Employees shall work a “4/10” work schedule. Alternate work schedules may be developed and authorized by the Police Chief based upon the operational needs of the Department.
Department Right to Assign
It is mutually agreed that the City retains the sole right to assign personnel, to establish hours of work and work schedules, to make changes to those schedules, and to schedule employees off on compensatory time, holidays, and vacations as required by the needs of the service.
1008
41 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Split Shifts
The City and the LPMO mutually agree that split shifts are inherently stressful and may have a negative impact on employee health and well-being.
A split shift is defined as a workday divided into two (2) or more work periods separated by an unpaid, non-working interval longer than a meal break, as established by the City.
Supervisors and managers shall not be assigned to work split shifts except of an emergency. If a non-exempt employee meets the California Industrial Welfare Commission Wage Order 4 criteria for a split-shift premium, the City will apply the required calculation and pay the premium only when legally mandated.
Shift Bid
Employees in the classifications of Police Lieutenant and Police Sergeant assigned to Patrol shall participate annually in a shift selection process beginning in the month of April for the upcoming one-year period.
Employees shall select their preferred team assignment, days-off sequence, holidays, and vacation periods on the basis of seniority and the needs of the service.
For purposes of this section, seniority shall be defined as total time served in the employee’s current classification. Should a member of the LPMO leave the bargaining unit for any reason and return within twelve (12) months, seniority shall be restored as if the member had not left.
Shift Trades
Employees in the classifications of Police Lieutenant and Police Sergeant may trade shifts with other employees of the same classification, subject to the following conditions:
• Both employees voluntarily agree to the shift trade.
• A supervisor approves the shift trade. Supervisors shall not unreasonably deny a trade; however, denials shall not be subject to the grievance procedure. • The employee whose shift is worked shall receive credit for the shift. The employee who covers the shift shall record the hours actually worked on their own time sheet. • Repayment of the traded shift shall be the sole responsibility of the employees involved and shall not be monitored by the City. Traded shifts should occur within the same seven (7)-day work period whenever possible.
• If an employee agrees to work another employee’s shift and subsequently calls in sick or fails to report for that shift, the employee who agreed to work shall have their sick leave deducted. For example: if Employee A agrees to work a shift for Employee B and then calls in sick prior to the shift, Employee A’s General Leave shall be deducted and Employee B shall receive credit for the shift.
Schedule Compliance and Payroll Administration
1009
42 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 The City and the LPMO acknowledge the importance of maintaining compliance with all applicable state and federal labor laws governing work schedules, overtime, and split-shift compensation.
Payroll records shall accurately reflect all hours worked, including any additional compensation required under the California Labor Code and applicable Industrial Welfare Commission (IWC) Wage Orders. When an employee is required to work a split shift, the one (1) hour of additional pay at the California minimum wage rate shall be itemized and paid in the pay period in which it is earned.
For employees who voluntarily trade shifts under the Shift Trades Section above, payroll records shall reflect the employee whose assigned shift was worked as having received credit for the shift. The employee covering the shift shall record the hours actually worked on their own time sheet. Shift trades approved under “Shift Trades” in this section shall not result in overtime liability under the FLSA when all other applicable conditions are met.
The City shall maintain timekeeping and payroll practices consistent with the FLSA (29 U.S.C. § 207(k)), the California Labor Code, and this MOU.
Term of Agreement:
The terms and conditions of this MOU shall remain in full force and effect for the period of July 1, 2025 (“Effective Date”) through June 30, 2028. The provisions of this MOU shall be effective on the Effective Date except as otherwise specifically provided herein.
TO EFFECTUATE THIS MOU, the Parties have caused their duly authorized representatives to execute this MOU as of the date first written above.
Lodi Police Mid-Management Organization City of Lodi, a municipal corporation
Signature: ____________________________
Date: _____________
Sean Blandford - President, LPMO
Signature: ______________________________
Date: ____________
James Lindsey - Interim City Manager
Signature: _____________________________
Date: _____________
Eric Shaw - Vice President, LPMO
Signature: _______________________________
Date: ____________
Patrick Clark - Chief Negotiator
1010
43 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 Signature: _____________________________
Date: _____________
Ryan LaRue - Secretary, LPMO
Signature: ______________________________
Date: ____________
Cristina Gonzalez - Interim Human Resources Manage
APPROVED AS TO FORM:
Signature: _____________________________
Katie Lucchesi - City Attorney
ATTEST:
Signature: ______________________________
Olivia Nashed - City Clerk
1011
44 Lodi Police Mid-Management MOU – Term July 1st 2025 – June 30th 2028 ***PLACEHOLDER FOR SCHEDULE A - FINAL
SALARY INFORMATION TO BE PRESENTED BY
BLUESHEET AT THE CITY COUNCIL MEETING ON
NOVEMBER 19, 2025.***
SCHEDLUE A
POLICE MID-MANAGEMENT SALARY SCHEDULES
Effective July 7, 2025 – 3% Equity Adjustment – (Police Captain, Police Lieutenant, Police Sergeant Only)
Police Captain 6300 07/07/2025
Police Lieutenant 6310 07/07/2025
Police Sergeant 6320 07/07/2025
Dispatch Supervisor 6430 07/07/2025
Effective July 6, 2026 – 3% Cost of Living Adjustment
Police Captain 6300 07/06/2026
Police Lieutenant 6310 07/06/2026
Police Sergeant 6320 07/06/2026
Dispatch Supervisor 6430 07/06/2026
Effective July 5, 2027 – 3% Cost of Living Adjustment
Police Captain 6300 07/05/2027
Police Lieutenant 6310 07/05/2027
Police Sergeant 6320 07/05/2027
Dispatch Supervisor 6430 07/05/2027
1012
Side Letter Agreement Amending the Memorandum of UnderstandingBetween the City of Lodi and Lodi Police Mid-Management Organization July 1, 2025 – June 30, 2028 This Side Letter Agreement is entered into and effective as of March 4, 2025, between the City of Lodi, a municipal corporation (“City”), and Lodi Police Mid-Management Organization (“LPMO”). RECITALS WHEREAS, the Memorandum of Understanding (“MOU”) between LPMO and the City has a term of July 1, 2025 through July 30, 2028 as shown in Attachment 1; and WHEREAS, Article XXIII of the LPMO MOU provides for Retirement Benefits contracted through CalPERS, including an employee cost-sharing contribution, pursuant to Government Code §20516; and WHEREAS, during the negotiation process for the successor MOU, the parties agreed to reduce member’s cost-sharing contributions; and WHEREAS, the contract amendment with CalPERS took longer than anticipated whereby LPMO members continued their cost-sharing contributions longer than expected; and WHEREAS, the contract amendment with CalPERS for reduction of the cost-sharing percentage became effective February 2, 2026; and WHEREAS, representatives from the City and LPMO have met and conferred in good faith to discuss a reasonable solution to the lengthy contract amendment with CalPERS resulting in the continuation of cost-sharing contributions beyond the anticipated time period for the contract amendment with CalPERS. Agreement NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and LPMO agree as follows: 1. The parties agree to a one-time off salary schedule payment (“OSSP”) in the amount of one-thousand dollars ($1,000), payable on the March 19, 2026 paycheck or as soon as administratively possible, to compensate the LMPO members for the additional CalPERS cost-sharing contributed through payroll deductions for the period January 1, 2026 – February 1, 2026; and 2. All other provisions of the MOU shall remain in full force and effect. 1013
TO EFFECTUATE THIS SIDE LETTER AGREEMENT, the City and LPMO have caused their duly authorized representatives to execute this document as of the date first written above.CITY OF LODI, LPMOa municipal corporation_____________________________ _______________________________Aaron Busch Date Sean Blandford DateInterim City Manager President, LPMO_____________________________Cristina Gonzales DateInterim Human Resources ManagerATTEST:_____________________________Olivia Nashed DateCity ClerkAPPROVED AS TO FORM:_____________________________Katie O. Lucchesi DateCity Attorney 1014
1015
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND
LODI POLICE MID -MANAGEMENT ORGANIZATION THROUGH A SIDE-
LETTER AGREEMENT TO PROVIDE A ONE-TIME OFF SALARY SCHEDULE
PAYMENT
============================================================= ===========
WHEREAS, the Lo di City Council approved a successor Memorandum of Understanding (“MOU”) with Lodi Police Mid -Management Organization (“LPMO”) that has a term of July 1, 2025 through June 30, 2028 (Attachment 1); and
WHEREAS, the City contracts with CalPERS for its retirement benefits; and
WHEREAS, CalPERS allows for cost -sharing agreements that allow public agency employers and employees to formally share a portion of the emplo yer’s re quired pension contribution; and
WHEREAS, Article XXIII of the LPMO MOU provides for retirement benefits, including an employee cost-sharing agreement; and
WHEREAS, during the last round of negotiations, LPMO and the City agreed to reduce the cost-sharing amount of nine percent (9%) to three percent (3%); and
WHEREAS, the cost-sharing amendment took longer than anticipated resulting in a complaint from LPMO; and
WHEREAS, representatives from the City and LPMO met and conferred in good faith to discuss a resolution to LPMO’s complaint; and
WHEREAS, representatives from the City and LPMO have agreed to a side-letter agreement providing for a one-time off salary schedule paymen t of one -thousand dollars ($1,000) per active LPMO member to compensate them for the cost-sharing contributions made between January 1, 2026 and February 1, 2026; and
WHEREAS, the City and LPMO wish to enter into a Side-Letter Agreement amending the LPMO MOU, effective July 1, 2025, as shown Attachment 2; and
WHEREAS, City staff recommends that Council appr ove the Side-Letter Agreement to provide a one -time off salary schedule payment of one thou sand dollars ($1,000) per active LPMO member.
NOW, THER EFORE, BE IT RESOLVED by the Lodi City Council that it does hereb y approve the attached Side -Letter Agreement (Attachment 2) b etween the City of Lodi and LPMO.
Dated: March 4, 2026
===================================================================
1016
I hereby certify that Resolution No. 2026- was passed and adopted by the C ity Council of the City of Lodi in a regular meeting held March 4, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-
1017
AGENDA ITEM G.5
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Jennifer Fontanilla, Library Director, Including Future Wage Adjustments to Bring the Library Director’sBase Salary to $172,010 Annually, effective January 4, 2027, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums (IS - HR) MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Jennifer Fontanilla, Library Director, Including Future Wage Adjustments to Bring the Library Director’sBase Salary to $172,010 Annually, effective January 4, 2027, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, increased City contribution towards medical premiums, and elimination of the CalPERS cost-sharing contributions.
Equity adjustments for other Department Head classifications were recommended based on market median of the City’scomparable agencies. The total compensation data for other Department Head classifications was refreshed in October 2025. The City’sconsultant was unable to provide comparable data for the Library Director classification due to an insufficient number of comparators. City staff will work to identify comparator agencies for a total compensation study for the Library Director classification and may bring an item to Council for an equity adjustment in the future, if it is determined that Lodi’sLibrary Director salary is below market median.
The City Manager has completed negotiations with the Library Director and have negotiated amendments to the Library Director’semployment agreement, similar to those provided to other represented employees, as follows:
· Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; · Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; · City shall pay up to 90% of the 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:
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1018
COUNCIL COMMUNICATION
o Classic Contribution seven percent (7%)
o PEPRA Contribution of 50% of normal cost
· City agrees to maintain a minimum ten percent (10%) salary differential between Employee and the Library Department’s next highest paid executive or mid manager, including incentive pay. · If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the current salary of the position they are filling while in this status, or a 10% upgrade, whichever is greater.
The current salary for the Library Director is $167,000. The agreed upon cost-of-living increase of three percent (3%), effective the first full pay-period in January 2027 will bring the Library Director’s salary to $172,010.
FISCAL IMPACT:
The recommended salary adjustment will result in an approximate increase of $5,000 annually. Sufficient funds will be allocated within the next fiscal year’s budget for this adjustment.
FUNDING AVAILABLE:
12090000.71001
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1019
Attachment 1
1020
1021
1022
EMPLOYMENT AGREEMENT
Executive Management
(Exempt Service)
Library Director
This Employment Agreement ("Agreement") is made and entered into as of June g, 2025, by and between the City of Lodi, a municipal corporation by and through its Library Board of Trustees (hereinafter collectively referred to as "City") and Jennifer N. Fontanilla an individual (hereinafter referred to as "Employee") (City and Employee hereinafter referred to individually as "Party" or collectively as the "Parties").
RECITALS:
It is the desire of the City to retain the services of Employee and to provide inducement for her to remain in such employment, make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and to provide a just means for terminating Employee's services.
AGREEMENT:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows:
1. Emplovment: City agrees to employ Employee as Library Director, in accordance with the following provisions:
(a) Employee shall serve as Library Director, and shall be responsible for managing and directing the operations of the Library in accordance with an agreed upon performance plan. (b) Employee shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City.
(c) Employee shall not engage in any activity, which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as delined under California law. Employee shall comply fully with her reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (FppC). (d) Employee agrees to remain in the exclusive employ of the City during the term ofthis Agreement. Employee shall dedicate her full energies and qualifications to her employment as Library Director, and shall not engage in any other employment except for her role as an adjunctprofessor for San Joaquin Delta College (hereinafter referred to as Delta College) and so long as -such
role does not conflict with her duties and obligations as Library Director and such-that her work conducted on behalf of Delta College is done outside of her working hours for the Library as set forth in this agreement or as may be specifically approved in writing in advance by the Library Board of Trustees.
2. Start Date: Employee shall begin work as Library Director on June 10,2025.
3. Maintenance of Professional Exoertise: To promote continued professional growth and benefit to the City, Employee shall, at City expense and consistent with budgetary constraints:
maintain membership in professional organizations related to professional disciplines;ittend workshops, seminars and other similar activities designed to advance Employee's professional development; and, represent the City in professional associations and other organizations.
I
EXHIBIT A TO
ADDENDUM
1023
4. Resiqnation. or Termination:
(a) Employee may resign at any time and agrees to give City at least 30 days advance written notice of the effective date of her resignation. ln such event, emptoyee shall not be entitled to severance pay as provided in Paragraph 5 herein. (b) The Parties recognize and affirm that Employee may be terminated by the Library Board of Trustees or the City Manager of the City of Lodi ("City Manager';; with cause, which shall mean gross insubordination, incapacity, dereliction of duty, conviction of a crime involving acts of moral turpitude or involving personal gain to her, or material breach of this Agreement. ln such event, Employee shall not be entitled to severance pay as provided in paragraph 5 herein. (c) The Parties recognize and affirm that Employee may be terminated by the Library Board of Trustees or City Manager without cause. ln such event, Empioyee shall be entifl'ed to severance pay as provided in Paragraph 5 herein.
(d) ln the event of termination and in recognition of Employee's professional status and integrity, Employee, the Library Board of Trustees, and City Manager shall prepare a joint public statement to be made by the Library Board. This employment relationshipis based on ine mutual respect between the Parties and a desire to maintain the highest degree of professionalism. ln communicating with third parties about the Parties' employment relationship and the circumstances under which it ma!have been severed, the Parties shall (a) protect and advance their mutual respect and professionalism, and (b) refrain from making statements that would negatively impact either party. (e) Employee may choose to resign or retire her office instead of being terminated if agreed to by the Library Board of Trustees or the City Manager. ln such an event the public announcement, as provided for in Paragraph 4 (d) above, will note Employee has resigned or retired.
The provisions of Paragraph a (d) shall remain applicable. ln such event, Employee shall not be entiiled to severance pay as provided in Paragraph 5 herein.
5' Severanqq.Pavi lf Employee is terminated by the Library Board of Trustees or the City Manager without cause while still willing and able to perform the duties of Library Director, City agrees topay Employee a cash payment equal to six (6) months' aggregate salary and ine City's cost oi six (6) months' health insurance benefits subject to reduction as set forth in this Paragrapn S (collectively"Severance Payment"). The Severance Payment will be paid over time at the same time as other employees of the City are paid and subject to customary withholdings. ln the event Employee retains new employment during the six-month Severance Payment period, any remaining Severanc-e payment will be forfeited as of the date Employee begins her new employment. io be eligible for such Severance Payment, Employee shall fulfill all of her obligations under this Agreement, and shall sign an Acknowledgment and Release of Claims against the City in a form aCceptable to the City At6rney.
Severance Payment under this paragraph will release City from any further obligations under this Agreement and any other transaction between the parties.
6. EmplovFe.nt as Depattment Head is Sole Emplovrnent *ith Citvr Employee further represents and acknowledges that her employment as Library Oirectoi is her sole and exclusive employment with the City. Employee has no right to any other exempt position with the City or to any employment in the classified service. Employee also acknowledges her role as an adjunct professor for Delta College.
7. Salarv:
(a) City agrees to pay Employee $167,000 in salary per annum for her services,payable in installments at the same time as other employees of the City are paid and subject to customary withholding. The City may reduce base salary compensation oi other financial benefits ofEmployee as part of general salary reduction in pay among and common to all employees. ln addition, Employee shall pay seven percent (7%) (Employee's share) of her salary toward'the Catifornia public 2 1024
Employees Retirement.system benefit and agrees to a cost-sharing agreement and will pay an additional six percent (6%) towards the employer's share of calpERS normal pension cost. (b) ln addition, the Library Board of Trustees will have discretion to grant up to a fivepercent (5%) salary increase twelve months after the execution of this Agreemeit, subject to a satisfactory performance evaluation.
8. Benefits:
(a) The City shall provide Employee the same benefits as provided to management employees in accordance with the terms of the Executive Management Statement of Benefits, amended as of May 16, 2012, and as hereafter amended, increased oidecreased, except as modified herein.
Employee's vacation leave shall be calculated as if she is in her 10th year of service with the City(accrued at 4.62 hoursper pay-period), increasing thereafter as provided in the Executive Managemeni Statement of Benefits. Employee shall be granted an eighty (80) hour leave bank that can only bL usedduring Employee's first 12-months of employment, this additional leave bank shall exfiire upon Employee's first anniversary with the City (i.e., June 9,2026). (b) The foregoing benefits are the sole and exclusive benefits to be provided toEmployee. Any improvement or modification of such benefits may only be made by written instrumenl gigned by the Library Board of Trustees and City Manager. As used heiein, benefits-include, but are notlimited to: vacation, sick leave, holidays, administrative leave, retirement, vision insurance, health insurance, dental insurance, long-term disability insurance, life insurance, and deferred compensation. . 9. Gell Phone/Vehicle: Employee will be provided with a Cell Phone for employment related use at the City's expense or a monthly stipend, at Employee's option, on terms consistent with other Executive Managers. Employee will also be provided with access to City Manager pool Car forwork related use on an as available basis.
10. Performance EYaluation: The Library Board of Trustees and City Manager shall reviewand evaluate the performance of Employee each year and set goals and objectivei for th6 ensuing year.
Such review and evaluation shall be in accordance with specific criteria developed in the perfor-m'ance plan in consultation with Employee and the Library Board of Trustees and City Manager.
11. Assiqnment: Employee shall not assign any of the duties and responsibilities, orobligations of this Agreement except with the express written consent of the Library Board of Trusteesand City Manager.
12. AuthofitY to. Work in the United States: Employee represents, under penalty ofperjury, that she is authorized to work in the United States ln accord-ance with g274A (g USC IZZ+1otthe lmmigration Reform and Control 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 wor-k in the United states, and must execute the veriflcation required by that Act. [The balance of this page is intentionalty left btank.] -t
1025
13. Notice: All notices required herein shall be sent first class mail to the parties as follows To CITY: City of Lodi
Attn: City Manager's Office
P. O. Box 3006
Lodi, CA 95241-1910
To EMPLOYEE Jennifer Fontanilla
Notice shall be deemed effectively served upon deposit in the United States mail. Either party maychange the "Notice" address by notifying the other party in writing of such change. l4- Entire Aqreem-e.nt: This Agreement contains the entire agreement between the partieshereto. No promise, representation, warranty, or covenant not included in ihis Agreement has been or isrelied on by any party hereto. This Agreement may only be amended by writt6n instrument signed byEmployee and the Library Board of Trustees in open session. .. 15: Sqverab.ilitv: lf any provision of this Agreement is invalid or unenforceable, it shall beconsidered deleted herefrom and the remainder of this Agreement shall be unaffected and shall continuein full force and effect. lN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
EMPLOYEE
nilla
CITY
nn
By:
By:
e'Fiafteamebe[ UnU^t (*<A/€€€ €+reia Bo+Fb ttrEUeleZ
Lodi Public Library Board of Trustees
By:
ATTEST:
Olivia Nashed
City Clerk
APPROVED AS TO FORM
By
Katie O
tof with existing HR
practices
By:
-4-
City Attorney nager
1026
Agency Classification
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Lodi Library Director $12,813 $16,352
Chico City Clerk and Elections Official $17,379 $19,164 Clovis City Clerk $11,761 $13,931
Davis City Clerk $14,174 $17,318
Fairfield No Comparable
Manteca Director of Legislative Services/City Clerk $16,264 $19,854 Merced Assistant City Clerk $8,775 $11,561
Modesto City Clerk $14,120 $18,625
Redding Administrator of the Office of the City Clerk $11,160 $12,755 Roseville City Clerk $16,824 $20,542
Stockton City Clerk $15,594 $17,796
Tracy City Clerk $13,854 $19,180
Turlock No Comparable
Vacaville Municipal Clerk Services Manager $11,718 $15,234 Visalia Chief Deputy City Clerk $10,530 $12,720
Woodland City Clerk $13,283 $15,975
Labor Market Median $13,854 $17,318 $13,854 $17,318
% Lodi is Above or Below Median -8.13% -5.91% -2.09% -1.02% Data effective as of 10/2025
Existing Proposed
1027
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE LIBRARY DIRECTOR
=============================================================== =========
WHEREAS, following the City’s negotiations with various represented bargaining unit employees the Interim City Manager and Jennifer Fontanilla, Library Director have negotiated in good faith and reached a tentative agreement o n amendments to the Employment Agreement for the Library Director; and
WHEREAS, based on those negotiations, it is recommended that Council approve revisions to the Employment Agreement with Jennifer Fontanilla, Library Director to include the following:
A t hree percent (3%) cost-of-living increase effective the first full pay-period in January 2027 (Annual salary of $172,010);
An additional t hree percent (3%) cost-of-living increase effective the first full pay - period in January 2028;
City shall pay up to 90% of the 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 the six percent (6%) employee cost-sharing, 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 Jennifer Fontanilla, Library Director, to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
================================================================== ======
I hereby certify that Resolution No. 2026- was pas sed and ad opted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-
1028
AGENDA ITEM G.6
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Christina Jaromay, Parks, Recreation and Cultural Services Director, Including Future Wage Adjustments to Bring the PRCS Director’s Base Salary to $219,390 Annually, effective January 4, 2027, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums (IS - HR) MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Christina Jaromay, Parks, Recreation and Cultural Services Director, Including Future Wage Adjustments to Bring the PRCS Director’s Base Salary to $219,390 Annually, effective January 4, 2027, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, increased City contribution towards medical premiums, and elimination of the CalPERS cost-sharing contributions.
The City Manager has completed negotiations with the PRCS Director and have negotiated amendments to the PRCS Director’semployment agreement, similar to those provided to other represented employees, as follows:
• Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; • Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; • City shall pay up to 90% of the 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
• If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the current salary of the position they are filling while in this status, or a 10% upgrade, whichever is greater.
• Upon City Council’s approval of appointment to City Treasurer, Employee shall receive a 10% temporary upgrade until such a time as a new City Treasurer is appointed by City Council.
Through the adoption of Resolution No. 2025-158, on September 3, 2025, the City Council authorized a 12% City of Lodi Printed on 2/26/2026Page 1 of 2
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1029
COUNCIL COMMUNICATION
equity adjustment bringing the PRCS Director’s annual salary from $190,247 to $213,000, which is the current salary for the PRCS Director. The agreed upon cost-of-living increase of three percent (3%), effective the first full pay-period in January 2027 will bring the PRCS Director’s salary to $219,390.
FISCAL IMPACT:
The recommended salary adjustment will result in an approximate increase of $6,400 annually. Sufficient funds will be allocated within the next fiscal year’s budget for this adjustment.
FUNDING AVAILABLE:
20070001.71001
City of Lodi Printed on 2/26/2026Page 2 of 2
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1030
EMPLOYMENT AGREEMENT ADDENDUM
Executive Management
Exempt Service
Parks, Recreation and Cultural Services Director
THIS EMPLOYMENT AGREEMENT ADDENDUM ("Addendum") made and effective this ___ , 2026, by and between the CITY OF LODI, a municipal corporation ("City") and Christina Jaromay, an individual ("Employee").
WHEREAS, the City and Employee first entered into an Employment Agreement dated June 3, 2021, updated by City Council Resolution 2022-306, Amendment to Employment Agreement dated May 20, 2025, and an Amended and Restated Employment Agreement dated September 9
, 2025, collectively shown in Exhibit "A" attached hereto and incorporated herein by this reference (referred to collectively as the "Agreement"); and
WHEREAS,
on February 18, 2026, the City Council approved Resolution 2026-_, attached hereto as Exhibit "B" which authorized cost of living increases of three percent (3%) effective the first full pay period in January 2027, and January 2028; and amendments to Employee's benefits as listed below; and
WHEREAS, the City and Employee now wish to execute this Addendum agreeing and acknowledging the salary and benefit increases in Resolution 2026-_ and update the Agreement language to reflect these changes.
Agreement
City and Employee hereby acknowledge and agree that the Agreement shall be updated to reflect the increases to Employee's salary and benefits as approved and adopted by the City Council in Resolution 2026-_ , as follows:
7. Salary:
(a) Effective July 1, 2025, City agrees to pay Employee $213,000.00 in salary per year for her services, payable in installments at the same time as other employees of the City are paid and subject to customary withholding. The City may reduce base salary compensation or other financial benefits of Employee as part of general salary reduction in pay among and common to all employees. In addition, Employee shall pay seven percent (7%) (Employee's share) of her salary towards the California Public Employees Retirement system benefit and agrees to a cost-sharing agreement and will pay an additional five percent (5%) towards the employer's share of CalPERS normal pension cost, and agrees to an additional one percent (1 %) contribution effective January 10, 2022 (for a total of thirteen percent 13% employee contribution). Effective July 6, 2026, the employee's cost-sharing contribution (pursuant to California Government Code section 20516) of six percent (6%}, as listed above, shall be eliminated.
(b) Future annual adjustments to Employee's salary shall be set by City Council action, and shall include a three percent (3%) wage increase at the first full pay period in January 2027 and another three percent (3%) wage increase at the first full pay-period in January 2028.
- I -
Attachment 1
1031
1032
1033
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Executive Management
(Exempt Service)
Parks Recreation and Cultural Services Director
THIS AMENDED AND RESTATED AGREEMENT entered Into on September�2025, by and between the CITY OF LODI, a municipal corporation (hereinafter referred to as "City") and CHRISTINA JAROMAY, an lndlvldual (hereinafter referred to as "Employee").
WHEREAS, Employee desires to be employed as Parks, Recreation and Cultural Services Director {11PRCS Director") and City desires to employ the services of Employee as PRCS Director; and
WHEREAS, City and Employee agree In writing to the terms and conditions of employment as PRCS Director; and
WHEREAS, Employee and City asree and acknowledge that Employee's employment as PRCS Director Is her sole and exclusive employment with City, and that their employment relationship Is governed solely and exclusively by this Agreement.
NOW, THEREFORE, In consideration of the promises and conditions set forth herein, the parties mutually agree as follows:
1. Employment: City agrees to employ Employee as PRCS Director, In accordance with the following provisions:
(a) Employee shall serve as PRCS Director, and shall be responsible for managing and directing the operations of the Parks, Recreation and Cultural Services Department (PRCS) in accordance with an agreed upon performance plan,
(b) Employee shall perform her duties to the best of her ability In accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City.
(c) Employee shall not engage In any activity which Is or may become a conflict of interest, prohibited contract, or which may create an Incompatibility of office as defined under California law. Employee shall comply fully with-her reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (FPPC}. (d) Employee agrees to remain In the exclusive employ of the City during the term of this Agreement. Employee shall dedicate her full energies and qualiflcatlons to her employment as PRCS Director, and shall not engage In any other employment except as may be speciflcally approved in writing, in advance, by the City Manager.
2. Start Date: Employee began work as PRCS Director on June 7, 2021.
Exhibit A to Addendum
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1038
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1045
EMPLOYMENT AGREEMENT
Executive Management
(Exempt Service)
Parks Recreation and Cultural Services Director
THIS AGREEMENT entered into on June (3 , 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter referred to as "City") and CHRISTINA JAROMAY. an individual (hereinafter referred to as "Employee").
WHEREAS, Employee desires to be employed as Parks, Recreation and Cultural Services Director ("PRCS Director") and City desires to employ the services of Employee as PRCS Director: and
WHEREAS, City and Employee agree in writing to the terms and conditions of employment as PRCS Director; and
WHEREAS, Employee and City agree and acknowledge that Employee's employment as PRCS Director is her sole and exclusive employment with City, and that their employment relationship is governed solely and exclusively by this Agreement.
NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the parties mutually agree as follows:
1. Employment: City agrees to employ Employee as PRCS Director, in accordance with Lhe following provisions:
(a) Employee shall serve as PRCS Director, and shall be responsible for managing and directing the operations of the Parks, Recreation and Cultural Services Department (PRCS) in accordance with an agreed upon performance plan. (b) Etnployee shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City.
(c) Employee shall not engage in any activity which is or may become a conflict of interest, pro,hibited contract, or which may create an incompatibility of office as defined under California law. Employee shall comply fully with her reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (FPPC). (d) Employee agrees to remain in the exclusive employ of the City during the term of this Agreement. Employee shall dedicate her full energies and qualifications to her employment as PRCS Director, and shall not engage in any other employment except as may be specifically approved in writing, in advance, by the City Manager.
2. Start Date: Employee shall begin work as PRCS Director on June 7, 2021.
3. Maintenance of Professional Expertise: To promote continued professional growth and benefit to the City, Employee shall, at City expense and consistent with budgetary constraints: maintain membership in professional organizations related to Parks, Recreation and Cultural Services administration and related professional disciplines: attend workshops, - 1 - 1046
1047
1048
1049
1050
Agency Classification
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Lodi Parks, Recreation, and Cultural Services Director $17,750 $21,509 Chico No Comparable
Clovis No Comparable
Davis Parks and Community Services Director $17,811 $21,098 Fairfield Director of Park and Recreation $20,669 $24,738 Manteca No Comparable
Merced Director of Parks and Community Services $14,365 $17,662 Modesto Director of Parks, Recreation & Neighborhoods $18,528 $23,388 Redding Director of Community Services $16,747 $18,260
Roseville Parks, Recreation and Libraries Director $20,357 $24,325 Stockton No Comparable
Tracy Director of Parks and Recreation $20,325 $26,052
Turlock No Comparable
Vacaville Director of Parks and Recreation $18,121 $22,061 Visalia Parks and Recreation Director $17,322 $19,617
Woodland Community Services Director $17,325 $20,433
Labor Market Median $17,966 $21,580
% Lodi is Above or Below Median -1.22% -0.33%
Data effective as of 10/2025
No Changes Proposed
1051
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE PARKS, RECREATION AND
CULTURAL SERVICE DIRECTOR
=============================================================== =========
WHEREAS, following the City’s negotiations with various represented bargaining unit employees the Interim City Manager and Christina Jaromay , Parks, Recreations and Cultural Services (“PRCS”) Director have negotiated in good faith and reached a tentative agreement o n amendments to the Employment Agreement for the PRCS Director; and
WHEREAS, based on those negotiations, it is recommended that Council approve revisions to the Employment Agreement with Christina Jaromay, PRCS Director to include the following:
A t hree pe rcent (3%) cost-of-living increase effective the first full pay -period in January 2027 (Annual salary of $219,390);
An additional t hree percent (3%) cost-of-living increase effective the first full pay - period in January 2028 (Annual salary of $225,971);
City shall pay up to 90% of the 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 the six percent (6%) employee cost-sharing, effective July 6, 2026:
o Classic Contribution seven percent (7%)
o PEPRA Contribution of 50% of normal cost
Upon City Council’s approval of appoint ment to City Treasurer, Employee shall receive a 10% temporary upgrade until such a time as a new Cit y Tr easurer is appointed by City Council.
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 Christina Jaromay, PRCS Director , to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
================================================================== = I hereby certify that Resolution No. 2026- was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-
1052
AGENDA ITEM G.7
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Jeffrey Berkheimer, Electric Utility Director, Maintaining Current Salary of $342,000, Including Future Cost of Living Increases, Elimination of CalPERS Cost-Sharing, and Modification to the City’sContribution to Medical Premiums (IS - HR)
MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Jeffrey Berkheimer, Electric Utility Director, Including Future Cost of Living Increases, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, elimination of the CalPERS cost-sharing contributions, and increased City contribution towards medical premiums. Mr.
Berkheimer’sEmployment Agreement was amended in January 2025 to provide a salary equity increase; however, the amendment did not include future cost-of-living increases or modifications to benefits.
The City Manager has completed negotiations with the Electric Utility Director and have negotiated amendments to the Electric Utility Director’s employment agreement, similar to those provided to other represented employees, as follows:
· Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; · Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; · City shall pay up to 90% of the 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:
· Classic Contribution seven percent (7%)
· PEPRA Contribution of 50% of normal cost
• If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the current salary of the position they are filling while in this status, or a 10% upgrade, whichever is greater.
The current salary for the Electric Utility Director is $342,028 annually. A single salary amount, as opposed to a salary range considered in 2025, is consistent with other Department Director salaries. The three percent City of Lodi Printed on 2/26/2026Page 1 of 2
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1053
COUNCIL COMMUNICATION
salary range considered in 2025, is consistent with other Department Director salaries. The three percent (3%) cost of living increase effective in January 2027 will bring the Electric Utility Director’sannual salary to $352,289.
FISCAL IMPACT:
Sufficient funds will be allocated within the fiscal year’sbudget for the benefit modifications and for future cost- of-living increases.
FUNDING AVAILABLE:
50060001.71001
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1054
EMPLOYMENT AGREEMENT ADDENDUM
Executive Management
Exempt Service
Electric Utility Director
THIS EMPLOYMENT AGREEMENT ADDENDUM ("Addendum") made and effective this ___ , 2026, by and betv-.·een the CITY OF LODI, a municipal corporation ("City") and Jeffrey Berkheimer, an individual ("Employee").
WHEREAS, the City and Employee entered into an Employment Agreement dated July 19, 2019, as shown in Exhibit "A" attached hereto and incorporated herein by this reference ("Agreement"); and
WHEREAS, on February 18, 2026, the City Council approved Resolution 2026-_, which authorized cost of living increases of three percent (3%) effective the first full pay period in January 2027, and January 2028; and amendments to Employee's benefits as listed in Section 8 below; and
WHEREAS, the City and Employee now wish to execute this Addendum agreeing and acknowledging the salary and benefit increases in Resolution 2026-_ and update the Agreement language to reflect these changes.
Agreement
City and Employee hereby acknowledge and agree that the Agreement shall be updated to reflect the increases to Employee's salary and benefits as approved and adopted by the City Council in Resolution 2026-_ , as follows:
7. Salary:
(a) City agrees to pay Employee $342,028.00 in salary per year for his services, payable in installments at the same time as other employees of the City are paid and subject to customary withholding.
(b) Future annual adjustments to Employee's salary shall be set by City Council action, and shall include a three percent (3%) wage increase at the first full pay-period in January 2027 and another tt-ree percent (3%) wage increase at the first full pay-period in January 2028.
(c) If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the current salary of the position they are filling while in this status, or a 10% upgrade, whichever is greater.
8. Benefits:
The City shall prcvide Employee the same benefits as provided to management employees in accordance with the terms of the Executive Management Statement of Benefits dated 2012, and as may from time to time be amended by the City Council, Increased or decreased, except as modified herein ("Executive Statement of Benefits"). These are the sole end exclusive benefits to be provided to Employee. Any Improvement or modification of such benefits may only be made by written instrument signed by the City Manager. As used herein, benefits include, but are not limited to: vacation, sick leave, holidays, administrative leave, retirement, vision Insurance, health Insurance, dental insurance, and life insurance. Employee - 1 -
Attachment 1
1055
1056
TO ADDENDUM
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1061
1062
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE ELECTRIC UTILITY
DIRECTOR
=============================================================== =========
WHEREAS, following the City’s negotiations with various represented bargaining unit employees the Interim City Manager and Jeffrey Berkheimer, Electric Utility Director have negotiated in good faith and reached a tentative agreement o n ame ndments to the Employment Agreement for the Electric Utility Director; and
WHEREAS, the Electric Utility Director will have a single salary similar to all other City Department Directors, and will not have a salary range that was considered in 2025; and
WHEREAS, the Electric Utility Director ’s Employment Agr eement was amended effective January 6, 2025, providing the Director with an equity wage increase; however, it did not include future wage increases or modifications to benef its as was provided to represented employees; and
WHEREAS, based on tho se nego tiations, it i s recommended that Council approve revisions to the Employment Agreement with Jeffrey Berkheimer, Electric Utility Director, to include the following:
A t hree percent (3%) cost-of-living increase effective the first full pay -period i n January 2027;
An additional t hree pe rcent (3%) cost-of-living increase effective the first full pay - period in January 2028;
City shall pay up to 90% of the medical premium, by en rollment category, for the lowest cost HMO plan available in the zip code 95240, effective January 1, 2026; Reduce total employee pension contribution by eliminating the six percent (6%) employee cost-sharing, 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 exe cute the attached Addendum to the Employment Agreement (Attachment 1 ) betw een the City of Lodi and Jeffrey Berkheimer, Electric Utility Director, to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
========================================================================
I hereby certify that Resolution No. 2026- was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
1063
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-
1064
AGENDA ITEM G.8
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Ricardo Garcia, Police Chief Including a One-Point Two One Percent (1.21%) Equity Adjustment to Bring the Police Chief’sBase Salary to $269,921 Annually, effective January 5, 2026, Future Cost of Living Increases, Reduction in CalPERS Cost-Sharing, and Modification to the City’sContribution to Medical Premiums (IS - HR)
MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Ricardo Garcia, Police Chief Including a One-Point Two One Percent (1.21%) Equity Adjustment to Bring the Police Chief’sBase Salary to $269,921 Annually, effective January 5, 2026, Future Cost of Living Increases, Reduction in CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, reductions to CalPERS cost-sharing, and increased City contribution towards medical premiums.
The City Manager has completed negotiations with the Police Chief and have negotiated amendments to the Police Chief’s employment agreement, similar to those provided to other represented employees, as follows:
• A one-point two one percent (1.21%) equity adjustment, retro-active to January 5, 2026; • Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; • Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; • City shall pay up to 90% of the medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240, effective January 1, 2026; • Effective July 6, 2026, the Employee’scost-sharing contribution (pursuant to California Government Code section 20516) shall be reduced from nine percent (9%) to three percent (3%). • If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the current salary of the position they are filling while in this status, or a 10% upgrade, whichever is greater.
The current salary for the Police Chief is $266,694. The agreed upon equity adjustment of one-point two one percent (1.21%), retro-active to January 5, 2026 will bring the Police Chief’s annual salary to $269,921.
FISCAL IMPACT:
The recommended salary adjustment will result in an approximate increase of $3,227 annually. Sufficient City of Lodi Printed on 2/26/2026Page 1 of 2
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1065
COUNCIL COMMUNICATION
The recommended salary adjustment will result in an approximate increase of $3,227 annually. Sufficient funds will be allocated within the next fiscal year’s budget for this adjustment.
FUNDING AVAILABLE:
10030001.71001
City of Lodi Printed on 2/26/2026Page 2 of 2
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1066
Attachment 1
1067
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C-f1drue* t'Dbg
POLICE CHIEF EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of November 2b , 2023, by and between the City of Lodi, a municipal corporation ("City") and Ricardo Garcia, ("Employee") both of whom agree as follows:
WHEREAS, Employee desires to be employed as Police Chief and City desires to employ the services of Employee as Police Chief; and
WHEREAS, City and Employee agree in writing to the terms and conditions of employment as Police Chief listed in this Agreement; and WHEREAS, Employee and City agree and acknowledge that Employee's employment as Police Chief is his sole and exclusive employment with City, and that their employment relationship is governed solely and exclusively by this Agreement.
NOW, THEREFORE, in consideration of the promises and conditions set forth herein, the parties hereto agree as follows:
1. Emplovment: City agrees to employ Employee as Police Chief, in accordance with the following provisions:
(a) Employee shall serve as Police Chief, and shall be responsible for managing and directing the operations of the Lodi Police Department in accordance with an agreed upon performance plan.
(b) Employee shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City.
(c) Employee shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Employee shall comply fully with his reporting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (FPPC). (d) Employee agrees to remain in the exclusive employ of the City during the term of this Agreement. Employee shall dedicate his full energies and qualifications to his employment as Police Chief, and shall not engage in any other employment except as set forth in this agreement or as may be specifically approved in writing in advance by the City Manager.
2. Start Date: Employee shall begin work as Police Chief at 5:00 p.m. on December 30,2023.
3. Maintenance of Professional Expertise: To promote continued professional groMh and benefit to the City, Employee shall, at City expense and consistent with budgetary constraints: maintain membership in professional organizations related to city police administration and related professional disciplines; attend workshops, seminars and other similar activities designed to advance Employee's professional development; and, represent the City in professional associations and other organizations.
EXHIBIT A TO
ADDENDUM
1070
'')
Police Chief Employment Agreement
4. Resignation or Termination:
(a) Employee may resign at any time and agrees to give City at least 30 days advance written notice of the effective date of his resignation. ln suCh eveni, Employee shill not be entitled to severance pay as provided in paragraph 5 herein. (b) The parties recognize and affirm that Employee may be terminated by the City Manager with cause, which shall mean gross insubordination, incapacity, dereliction of duty, conviction of a crime involving acts of moralturpitude or involving personaigain to himself, or material breach of this Agreement. ln such event, Employee shall not -be entiiled to severance pay as provided in Paragraph S herein.
(c) The parties recognize and affirm that Employee may be terminated by the City Manager without cause. ln such event, Employee shall be -entitled
to severance pay asprovided in Paragraph 5 herein.
(d) ln the event of termination and in recognition of Employee's professional status and integrity, Employee and the City Manager shall prepare a joint public statement to be made by the City Manager. This employment relationship is based on the mutual respect between the parties and a desire to maintain the highest degree of professionalism. ln communicating with third parties about the parties' employment relationship and the circumstances underwhich it may have been severed, the partiesshall (a) protect and advance their mutual respect and professionalism, and (b) refrain from making'statements that would negatively impact either party.
(e) Employee may choose to resign or retire his office instead of being terminated if agreed to by the City Manager. ln such an event the public announcement, aiprovided for in Paragraph 4 (d) above, will note Employee has resigned or retired. Theprovisions of Paragraph a (d) shall remain applicable. In such event, Employee shall not be entitled to severance pay as provided in paragraph 5 herein. 5: Severance Pav: lf Employee is terminated by the City Manager without cause while still willing and able to perform the duties of Police Chief, City agrees to pay Employee a cash payment equal to six (6) months' aggregate salary and the Cityb cost oi six (O)'months, health insurance benefits subject to reduction as qet forth in this Parlgraph 5. The'severance payment will be paid over time at the same time As other employees of the City are paid and subject to customary taxes and any other applicable withholdings. ln the event Employee retains new employment during the six month severance period, any remaining severance payment will be forfeited as of the date Employee begins his new Employment. fo Oe eligible for such severance pay, Employee shall fulfill all of his obligations undei this Agreement, and shall sign an Acknowledgment and Release of Claims against the City in a form acceptable to the City Attorney. Payment under this paragraph will release City from any further obligations under this Agreement, or any other transaction between the parties
6. Emplovment as Police Ghief is Sole Emplovment with Citv: Employee furtherrepresentsandacknowledgesthathisemptoymenffisoieino exclusive employment with the City. Employee has no right to any other exempt position with the City or to any employment in the classified service. -2- 1071
)
Police Chief Employment Agreement
7. Salarv:
(a) City agrees to pay Employee $19,901.06 in salary per month for his employment services under this Agreement, payable in installments at the same time as other employees of the City are paid and subject to customary taxes and any other applicable withholdings. The City may reduce base salary compensation or other financial benefits of Employee as part of general salary reduction in pay among and common to all employees. ln addition, Employee shall pay nine percent (9%) (employee's share) of his salary towards the California Public Employees Retirement system benefit and agrees to a cost-sharing agreement and will pay an additional nine percent (9%) towards the employer's share of CaIPERS normal pension cost.
(b) At any time, a minimum of a ten percent (10%) salary differential shall exist between the Police Chief and the Police Department's next highest paid executive or mid management position, including incentive pay, The Police Chief will receive additional five percent (5%) wage adjustments on January 8,2024 and four percent (4o/o) wage adjustment on January 6,2025, respectively, as set forth in Council Resolution 2022-906.
8. Benefits:
(a) The City shall provide Employee the same benefits as provided to management employees in accordance with the terms of the Executive Management Statement of Benefits amended as of May 16, 2012, and as they may be amended, increased or decreased, except as modified herein. Employee will receive a one-time uniform allowance of $950.00 that will not recur in any subsequent renewals of this Agreement. Employee's vacation leave shall be calculated based upon his actual years of service with the City, increasing from there as provided in the Executive Management Statement of Benefits. Employee shall accrue 144 hours of sick leave per year (5.54 hours per pay period). Moreover, Employee shall retain all sick leave and vacation leave he accrued prior to his start date, December 31 ,2023. (b) The foregoing benefits are the sole and exclusive benefits to be provided to Employee. Any improvement or modification of such benefits may only be made by written instrument signed by the City Manager. As used herein, benefits include, but are not limited to:
vacation, sick leave, holidays, administrative leave, retirement, vision insurance, health insurance, dental insurance, long term disability insurance, life insurance and deferred compensation.
9. Vehicle Use: The City requires that Employee have transportation readily available for his use during his employment with the City, and, to the end of assuring that Employee has a vehicle available, Employee shall be assigned an appropriate vehicle equipped with necessary safety equipment and communications devices. Due to his on-call status, Employee shall be allowed use of said vehicle for personal use up to three hours away from the Lodi Police Department if necessary to accommodate a call to duty.
10. Performance Evaluation: The City Manager shall review and evaluate the performance of Employee each year and set goals and objectives for the ensuing year. Such review and evaluation shall be in accordance with specific criteria developed in the performance plan in consultation with Employee and the City Manager. 11, Assiqnment: Employee shall not assign any of the duties and responsibilities, or obligations of this Agreement except with the express written consent of the City Manager. .J
1072
Police Chief Employment Agreement
12. Authoritv to Work in the United States: Employee represents, under penalty of perjury, that he is authorized to work in the United States. ln accordance with Section S274(A) of the lmmigration Reform and Control Act of 1986 (8USC 1324) 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.
13. Notice: All notices required herein shall be sent first class mail to the parties as follows:
To GITY: City of Lodi
Attn: City Manager's Office
P. O. Box 3006
Lodi, CA 95241-1910
To EMPLOYEE: Ricardo Garcia
c/o Lodi Police Department
215 W. Elm Street
Lodi, CA 95240
Notice shall be deemed effectively served upon deposit in the United States mail. Either party may change the "Notice" address by notifying the other party in writing of such change.
14. Entire Aoreement: This Agreement contains the entire agreement between the parties hereto regarding Employee's provision of services as Police Chief, No promise, representation, warranty, or covenant not included in this Agreement has been or is relied on by any party hereto. This Agreement may only be amended by written instrument signed by Employee and the City Manager and specifically approved by the City Council in open session.
15. Severabilitv: lf any provision of this Agreement is invalid or unenforceable, it shall be considered deleted herefrom and the remainder of this Agreement shall be unaffected and shall continue in full force and effect.
lN WITNESS WHEREOF, the parties have executed this Agreement the day and year written above.
EMPLOYEE
By: fu-4
RICARDO GARCIA
CITY OF LODI, a municipal corporation
C,
ANDREW C. KE
By:
4 lnterim City Manager
1073
.l
Police Chief Employment Agreement
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM
KATIE O. L
City Attorney
1 By:
\
-5- 1074
Agency Classification
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Lodi Police Chief $22,225 $25,516 $22,493 $25,789
Chico Chief of Police $20,481 $22,228
Clovis Police Chief $22,354 $23,690
Davis Police Chief $20,033 $22,945
Fairfield Police Chief $24,247 $28,815
Manteca Police Chief $22,584 $25,567
Merced Police Chief $17,853 $21,272
Modesto Chief of Police $21,793 $28,752
Redding Chief of Police $24,040 $23,837
Roseville Police Chief $23,472 $27,786
Stockton Chief of Police $23,509 $27,806
Tracy Police Chief $24,736 $29,949
Turlock Police Chief $20,240 $25,825
Vacaville Chief of Police $23,174 $27,017
Visalia Chief of Police $19,324 $23,092
Woodland Police Chief $22,049 $25,852
Labor Market Median $22,354 $25,825 $22,354 $25,825
% Lodi is Above or Below Median -0.58% -1.21% 0.62% -0.14% Data effective as of 10/2025
Existing Proposed
1075
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE POLICE CHIEF
=============================================================== =========
WHEREAS, following the City’s negotiations wit h va rious represented bargaining unit employees the Interim City Manager and Ricardo Garcia, Police Chief have negotiated in good faith and reached a tentative agreement o n amendments to the Employment Agreement for the Police Chief; and
WHEREAS, based o n th ose n egotiations, it i s recommended that Council approve revisions to the Employment Agreement with Ricardo Garcia, Police Chief to include the following:
An equity increase of one-point two one percent (1.21%) retro-active to January 5, 2026 for an annual salary of $269,921;
A t hree pe rcent (3%) cost-of-living increase effective the first full pay -period in January 2027;
An additional t hree pe rcent (3%) cost-of-living inc rease effective the first full pay - period in January 2028;
City shall pay up to 90% of the medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240, effective January 1, 2026; Effective July 6, 2026, the Employee’s cost -sharing contribution (pursuant to California Government Code section 20 516) shall be reduced from nine percent (9%) to three percent (3%).
NOW THEREFORE BE IT RESOLVED that the Lodi City Council does hereby approve and authorize the Interim City Manager to exe cute the attached Addendum to the Employment Agreement (Attachment 1) between the City of Lodi and Ricardo Garcia, Police Chief, to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
===================================================================
I hereby certify that Resolution No. 2026- was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-
1076
AGENDA ITEM G.9
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Kenneth Johnson, Fire Chief, Including a Five Percent (5%) Equity Adjustment to Bring the Fire Chief’sBase Salary to $236,752 Annually, effective January 5, 2026, Future Cost of Living Increases, and Modification to the City’s Contribution to Medical Premiums (IS - HR)
MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Kenneth Johnson, Fire Chief, Including a Five Percent (5%) Equity Adjustment to Bring the Fire Chief’sBase Salary to $236,752 Annually, effective January 5, 2026, Future Cost of Living Increases, and Modification to the City’s Contribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, and increased City contribution towards medical premiums.
The City Manager has completed negotiations with the Fire Chief and have negotiated amendments to the Fire Chief’s employment agreement, similar to those provided to other represented employees, as follows:
• A five percent (5%) equity adjustment, retro-active to January 5, 2026; • A one-point five percent (1.5%) equity adjustment, effective the first full pay-period in January 2027; • Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; • Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; • City shall pay up to 90% of the medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240, effective January 1, 2026; • Effective July 6, 2026, the Employee’scost-sharing contribution (pursuant to California Government Code section 20516) shall be reduced from nine percent (9%) to three percent (3%). • City agrees to maintain a minimum ten percent (10%) salary differential between Employee and the Fire Department’s next highest paid executive or mid manager, including incentive pay. • If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the current salary of the position they are filling while in this status, or a 10% upgrade, whichever is greater.
The current salary for the Fire Chief is $225,478 annually. The agreed upon equity adjustment of five percent (5%), retro-active to January 5, 2026 will bring the Fire Chief’s annual salary to $236,752.
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COUNCIL COMMUNICATION
FISCAL IMPACT:
The recommended salary adjustment will result in an approximate increase of $11,300 annually. Sufficient funds will be allocated within the next fiscal year’s budget for this adjustment.
FUNDING AVAILABLE:
10040001.71001
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1078
Attachment 1
1079
1080
1081
EXHIBIT A TO
ADDENDUM
1082
1083
1084
1085
1086
1087
Agency Classification
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Lodi Fire Chief $18,790 $22,031 $20,011 $23,270
Chico Fire Chief $17,321 $19,106
Clovis Fire Chief $20,878 $22,311
Davis Fire Chief $20,113 $23,474
Fairfield Fire Chief $24,247 $28,815
Manteca Fire Chief $21,501 $24,470
Merced Fire Chief $15,644 $18,998
Modesto Fire Chief $21,129 $25,937
Redding Fire Chief $20,480 $20,909
Roseville Fire Chief $21,258 $25,418
Stockton Fire Chief $22,440 $24,824
Tracy N/A
Turlock Fire Chief $17,906 $23,454
Vacaville Fire Chief $22,652 $26,534
Visalia Fire Chief $18,203 $21,603
Woodland Fire Chief $18,333 $22,411
Labor Market Median $20,679 $23,464 $20,679 $23,464
% Lodi is Above or Below Median -10.05% -6.50% -3.34% -0.83% Data effective as of 10/2025
Existing Proposed Over Two Years
1088
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE FIRE CHIEF
=============================================================== =========
WHEREAS, following the City’s negotiations with various represented bargaining unit employees the Interim City Manager and Kenneth Johnson, Fire Chief have negotiated in good faith and reached a tentative agreement o n amendments to the Employment Agreement for the Fire Chief; and
WHEREAS, based on tho se n egotiations, it is recommended that Council approve revisions to the Employment Agreement with Kenneth Johnson, Fire Chief to include the following:
An equity increase of five percent (5%) retro-active to January 5, 2026 for an annual salary of $236,752;
An equity increase of one -point five percent (1.5%) effective the first full pay -period in January 2027;
A t hree 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 90% of the medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240, effective January 1, 2026; Effective July 6, 2026, the Empl oyee’s cost -sharing contribution (pursuant to California Government Code section 20516) shall be reduced from nine percent (9%) to three percent (3%).
NOW THEREFORE BE IT RESOLVED that the Lodi City Council does hereby approve and authorize the Interim C ity Manager to execute the attached Addendum to the Employment Agreement (Attachment 1) between the City of Lodi and Kenneth Johnson, Fire Chief, to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
================================================================== ====== I hereby certify that Resolution No. 2026- was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2026-
1089
AGENDA ITEM G.10
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum #2 to the Employment Agreement with Luis Aguilar, Economic Development Director, Including a Five Percent (5%) Equity Adjustment to Bring the Economic Development Director’sBase Salary to $198,198 Annually, effective January 5, 2026, Future Cost of Living Increases, Elimination of CalPERS Cost-Sharing, and Modification to the City’sContribution to Medical Premiums (IS - HR)
MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum #2 to the Employment Agreement with Luis Aguilar, Economic Development Director, Including a Five Percent (5%) Equity Adjustment to Bring the Economic Development Director’sBase Salary to $198,198 Annually, effective January 5, 2026, Future Cost of Living Increases, Elimination of CalPERS Cost-Sharing, and Modification to the City’sContribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, elimination of the CalPERS cost-sharing contributions, and increased City contribution towards medical premiums.
The City Manager has completed negotiations with the Economic Development Director and have negotiated amendments to the Economic Development Director’semployment agreement, similar to those provided to other represented employees, as follows:
· A five percent (5%) equity adjustment, retro-active to January 5, 2026; · A two-point five percent (2.5%) equity adjustment, effective the first full pay-period in January 2027;
· Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; · Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; · City shall pay up to 90% of the 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
· City agrees to maintain a minimum ten percent (10%) salary differential between Employee and the Economic Development Department’s next highest paid executive or mid manager, including City of Lodi Printed on 2/26/2026Page 1 of 2
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COUNCIL COMMUNICATION
Economic Development Department’s next highest paid executive or mid manager, including incentive pay.
· If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the current salary of the position they are filling while in this status, or a 10% upgrade, whichever is greater.
The current salary for the Economic Development Director is $188,760 annually. The agreed upon equity adjustment of five percent (5%), retro-active to January 5, 2026 will bring the Economic Development Director’s annual salary to $198,198.
FISCAL IMPACT:
The recommended salary adjustment will result in an approximate increase of $9,438 annually. Sufficient funds will be allocated within the next fiscal year’s budget for this adjustment.
FUNDING AVAILABLE:
10010000.71001
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EMPLOYMENT AGREEMENT ADDENDUM # 2
Executive Management
Exempt Service
Economic Development Director
THIS EMPLOYMENT AGREEMENT ADDENDUM #2 (“Addendum # 2”) made and effective this ______, 2026, by and between the CITY OF LODI, a municipal corporation (“City”) and Luis Aguilar, an individual (“Employee”).
WHEREAS, the City and Employee entered into an Employment Agreement dated January 25, 2024, and an Employment Agreement Addendum approved by the City Council on July 2, 2025, both of which are shown in Exhibit “A” attached hereto and incorporated herein by this reference (collectively the “Agreement”); and
WHEREAS, on February 18, 2026, the City Council approved Resolution 2026-__, attached hereto as Exhibit “B” which authorized an equity increase of five percent (5%) to Employee’s base salary to the amount of $198,198 annually, to retroactively take effect on January 5, 2026; approving an equity increase of two-point five percent (2.5%) effective the first full pay period in January 2027; approving cost of living increases of three percent (3%) effective the first full pay period in January 2027, and January 2028; and amendments to Employee’s benefits as listed below; and
WHEREAS, the City and Employee now wish to execute this Addendum # 2 agreeing and acknowledging the salary and benefit increases in Resolution 2026-__ and update the Agreement language to reflect these changes.
Agreement
City and Employee hereby acknowledge and agree that the Agreement shall be updated to reflect the increases to Employee’s salary and benefits as approved and adopted by the City Council in Resolution 2026-__ , as follows:
7. Salary:
(a) Effective January 5, 2026, City agrees to pay Employee $198,198 in salary per year for his services, payable in installments at the same time as other employees of the City are paid and subject to customary withholding. The City may reduce base salary compensation or other financial benefits of Employee as part of general salary reduction in pay among and common to all employees.
(b) Future annual adjustments to Employee’s salary shall be set by City Council action, and shall include a two-point five percent (2.5%) equity adjustment at the first full pay- period in January 2027; a three percent (3%) cost of living wage increase at the first full pay- period in January 2027 and another three percent (3%) cost of living wage increase at the first full pay-period in January 2028.
(c) City agrees to maintain a minimum ten percent (10%) salary differential between Employee and the Economic Development Department’s next highest paid executive or mid manager, including incentive pay.
1092
- 2 -
(d) If assigned by the City Manager to a vacant or interim Director position, for more than two consecutive weeks, Employee shall receive the top step of the range that they are filling while in this status, or a 10% upgrade, whichever is greater.
8. Benefits:
(a) The City shall provide Employee the same benefits as provided to management employees in accordance with the terms of the Executive Management Statement of Benefits, amended as of May 16, 2012, and as hereafter amended, increased or decreased, except as modified herein. Employee’s vacation leave shall be calculated as if he is in his 10th year of service with the City (accrued at 4.62 hours per pay-period), increasing thereafter as provided in the Executive Management Statement of Benefits.
January 1, 2026, the City shall pay up to 90% of the medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240. Employee shall be responsible for ten percent (10%) of the medical premium for the lowest cost HMO plan available in the zip code 95240. If employee selects a higher cost medical plan, Employee will pay the difference as a payroll deduction.
If 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. In order to qualify for this ‘cash-out’ provision, proof of group insurance coverage must be provided to the City.
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 PERS requires. Employee shall contribute Employee’s contribution to the membership contract with PERS for each pay period for Employee’s membership (Classic or PEPRA). In 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 CalPERS normal pension cost through a cost-sharing agreement. Effective July 6, 2026, the employee’s cost- sharing contribution (pursuant to California Government Code section 20516) of six percent (6%), as listed above, shall be eliminated.
(b) The foregoing benefits are the sole and exclusive benefits to be provided to Employee. Any improvement or modification of such benefits may only be made by written instrument signed by the City Manager. As used herein, benefits include, but are not limited to:
vacation, sick leave, holidays, administrative leave, retirement, vision insurance, health insurance, dental insurance, long term disability insurance, life insurance and deferred compensation.
NOW, THEREFORE, the parties hereby agree and acknowledge cost of living increases in January 2027 and 2028, amendments to CalPERS cost-sharing, and the City’s contribution towards medical insurance, as approved by the City Council in Resolution 2026-__, and confirm that all other terms and conditions remain as previously set forth in the Agreement.
//
//
1093
- 3 -
IN WITNESS WHEREOF, the parties have executed this Addendum # 2 to the Agreement the day and year written above.
CITY OF LODI, a municipal corporation
By: _______________________________
JAMES LINDSAY
Interim City Manager
EMPLOYEE
By: _____________________________
LUIS AGUILAR
ATTEST:
By: ___________________________
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
_______________________________
KATIE O. LUCCHESI
City Attorney
1094
1095
1096
1097
1098
1099
1100
1101
Agency Classification
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Lodi Economic Development Director $15,730 $19,399 $16,910 $20,631 Chico No Comparable
Clovis No Comparable
Davis Economic Development Director $16,962 $20,216
Fairfield No Comparable
Manteca No Comparable
Merced No Comparable
Modesto No Comparable
Redding No Comparable
Roseville Economic Development Director $19,389 $23,288 Stockton Director of Economic Development $18,688 $20,935 Tracy No Comparable
Turlock No Comparable
Vacaville Economic Development Director $16,911 $20,773 Visalia No Comparable
Woodland No Comparable
Labor Market Median $17,825 $20,854 $17,825 $20,854
% Lodi is Above or Below Median -13.32% -7.50% -5.41% -1.08% Data effective as of 10/2025
Existing Proposed Over Two Years
1102
RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM # 2 TO THE EMPLOYMENT AGREEMENT FOR THE ECONOMIC
DEVELOPMENT DIRECTOR
=============================================================== =========
WHEREAS, following the City’s negotiations with various represented bargaining unit employees the Interim City Manager and Luis Aguilar, Economic Development Director have negotiated in good faith and reached a tentative agreement on amendments to the Employment Agreement for the Economic Development Director; and
WHEREAS, based on those negotiations, it i s recommended that Council approve revisions to the Employment Agreement with Luis Aguilar, Economic Development Director to include the following:
A five percent (5%) equity adjustment, retro-active to Janu ary 5, 2026, bringing the annual salary to $198,198;
A two-point five percent (2.5%) equity adjustment effective the first full pay -period in January 2027;
A t hree pe rcent (3%) cost-of-living increase effective the first ful l pa y-period in January 2027;
An additional t hree pe rcent (3%) cost-of-living increase effective the first full pay - period in January 2028;
City shall pay up to 90% of the 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 the six percent (6%) employee cost-sharing, 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 exe cute the attached Addendum # 2 to the Employment Agreement (Attachment 1) between the City of Lodi and Luis Aguilar, Economic Development Director, to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
========================================================================
I hereby certify that Resolution No. 2026- was passed and adopted by t he C ity Council of the City of Lodi in a regular meeting held March 4, 2026, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
1103
OLIVIA NASHED
City Clerk
2026-
1104
AGENDA ITEM G.11
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Katie O. Lucchesi, City Attorney, Including Wage Adjustment to Bring the City Attorney’s Base Salary to $303,680 Annually, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums (IS - HR)
MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Katie O. Lucchesi, City Attorney, Including Wage Adjustment to Bring the City Attorney’s Base Salary to $303,680 Annually, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, increased City contribution towards medical premiums, and elimination of the CalPERS cost-sharing contributions.
Lodi City Council has completed the annual evaluation of the City Attorney and have negotiated amendments to the City Attorney’semployment agreement, similar to those provided to other represented employees, as follows:
· One-time equity adjustment of nine-point three five percent (9.35%), retro-active to January 5, 2026;
· Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; · Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; · City shall pay up to 90% of the 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
Prior to Mrs. Lucchesi’s appointment in 2023, the City Council adopted Resolution No. 2022-308, on December 7, 2022, authorizing an equity adjustment of 2.78% to the City Attorney’ssalary. The current salary for the City Attorney is $277,714.38 annually. The agreed upon equity adjustment of nine-point three five percent (9.35%) will bring the City Attorney’sannual salary to $303,680 which is the median of the comparable City of Lodi Printed on 2/26/2026Page 1 of 2
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1105
COUNCIL COMMUNICATION
percent (9.35%) will bring the City Attorney’sannual salary to $303,680 which is the median of the comparable agencies as of the October 2025 total compensation report.
FISCAL IMPACT:
The recommended salary adjustment will result in an approximate increase of $25,966.29 annually. Sufficient funds have been allocated within the current fiscal year’s budget for this adjustment.
FUNDING AVAILABLE:
10015000.71001
City of Lodi Printed on 2/26/2026Page 2 of 2
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1106
EMPLOYMENT AGREEMENT ADDENDUM
Council Appointee
Exempt Service
Gity Attorney
THIS EMPLOYMENT AGREEMENT ADDENDUM ("Addendum") made and effective this
-,
2026, by and between the CITY OF LODI, a municipal corporation ("City") and Katie O. Lucchesi, an individual ("Employee").
WHEREAS, the City and Employee entered into an Employment Agreement dated October 18, 2023, as shown in Exhibit "A" attached hereto and incorporated herein by this reference ("Agreement"); and
WHEREAS, on February 18, 2026, the City Council approved Resolution 2026-_., attached hereto as Exhibit "B", which authorized an equity increase to Employee's base salary to the amount of $303,680.67 to retroactively take effect on January 5, 2026; approving cost oiliving increases of three percent (3%) effective the first full pay period in January 2027, and January 2028; and amendments to Employee's benefits as listed below; and WHEREAS, the City and Employee now wish to execute this Addendum agreeing and acknowledging the salary and benefits increases reflected in Resolution 2026-_inO upOate the Agreement language to reflect these changes.
Aoreement
City and Employee hereby acknowledge and agree that the Agreement shall be updated to reflect the increases to Employee's salary and benefits as approved and adopted by the City Council in Resolution 2026-_., as follows:
7. COMPENSATION:
City agrees to provide the following compensation to Employee during the term of the Agreement:
(a) Base Salary - Effective January 5,2026, Employee shall be paid an annual salary of $303,680.67 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. The City agrees to maintain a salary differential of at least 21.8o/o between the top step of the highLst paid subordinate employee in the City Attorney's office and the City Attorney's silary at all times.
(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, and shall include a three percent (3%) wage increase at the first full pay-period in January 2027 and another three percent (3%) wage increase at the first full pay-period in January 2028. City may not reduce salary or benefits provided by this Agieement unless:
-l-
Attachment 1
1107
(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.
(d) Any future negotiations between City and Employee as to Employee's salary, beyond the previously approved increases adopted in Subsection (c) above, shall be conducted in writing through the HR Manager or by an outside attorney or consultant hired by the City to serve as a third-party facilitator to ensure that both parties interests are represented in the negotiation.
ll.INSURANCE:
(a) Health 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 her 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, 2026, the city shall pay up to 90% of the medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240. 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, as it may be amended from time to time by the City Council.
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 PERS requires.
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 Effective July 6. 2026. the emolovee cost-sharino contribution (o nt to California Government isted above, shall be eliminated
2 20516) of six percent (6%). as I
Code section
1108
IN WITNESS WHEREOF, the parties have executed this Addendum to the Agreement the day and year written above.
CITY OF LODI, a municipal corporation
By:------------
JAMES LINDSAY
Interim City Manager
ATTEST:
By: ----------
OLIVIA NASHED
City Clerk
EMPLOYEE
By:------------
KATIE 0. LUCHESI
APPROVED AS TO FORM:
WILLIAM BAIRD
Deputy City Attorney l>-..)�
- 3 -
1109
Exhibit A to Employment Agreement Addendum
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
Agency Classification
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Lodi City Attorney $23,143 $27,142 $25,307 $29,402
Chico No Comparable
Clovis No Comparable
Davis No Comparable
Fairfield No Comparable
Manteca City Attorney $22,250 $26,217
Merced City Attorney $21,673 $25,205
Modesto No Comparable
Redding City Attorney $20,918 $22,366
Roseville City Attorney $26,088 $30,455
Stockton City Attorney $27,308 $29,679
Tracy City Attorney $25,340 $31,413
Turlock No Comparable
Vacaville City Attorney $25,885 $30,326
Visalia No Comparable
Woodland No Comparable
Labor Market Median $25,340 $29,679 $25,340 $29,679
% Lodi is Above or Below Median -9.49% -9.35% -0.13% -0.94% Data effective as of 10/2025
Existing Proposed
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RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE CITY ATTORNEY
=============================================================== =========
WHEREAS, following the City Attorney’s annual review process, a representative from the City and Katie O. Lucchesi, City Attorney, have negotiated in good faith and reached a tentative agreement on amendments to the Employment Agreement for the City Attorney; and
WHEREAS, based on those negotiation s, it is recommended that Council approve revisions to the Employment Agreement with Katie O. Lucchesi, City Attorney to include the following:
One-time equity adjustment of nine -point three five percent (9.35%) base salary increase to $303,680 annually, retro-actively applied back to January 5, 2026; A t hree 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 90% of the 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 Katie O. Lucchesi, City Attorney , to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
========================================================================
I hereby certify that Resolution No. 2026- was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 4, 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.12
COUNCIL COMMUNICATION
AGENDA TITLE:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Olivia Nashed, City Clerk, Including Wage Adjustment to Bring the City Clerk’s Base Salary to $162,842 Annually, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums (IS - HR)
MEETING DATE:
March 4, 2026
PREPARED BY:
Adele Post, Human Resources
RECOMMENDED ACTION:
Adopt a Resolution Authorizing the City Manager to Execute an Addendum to the Employment Agreement with Olivia Nashed, City Clerk, Including Wage Adjustment to Bring the City Clerk’s Base Salary to $162,842 Annually, Elimination of CalPERS Cost-Sharing, and Modification to the City’s Contribution to Medical Premiums.
BACKGROUND INFORMATION:
The City of Lodi has negotiated successor Memorandums of Understanding (“MOUs”)with several of the represented bargaining units that include equity adjustments, cost-of-living adjustments, increased City contribution towards medical premiums, and elimination of the CalPERS cost-sharing contributions.
Lodi City Council has completed the annual evaluation of the City Clerk and have negotiated amendments to the City Clerk’s employment agreement, similar to those provided to other represented employees, as follows:
· One-time equity adjustment of 5.91%, retro-active to January 5, 2026; · Three percent (3%) cost-of-living increase effective the first full pay-period in January 2027; · Three percent (3%) cost-of-living increase effective the first full pay-period in January 2028; · City shall pay up to 90% of the 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
The current salary for the City Clerk is $153,755.22 annually. The agreed upon equity adjustment of five-point nine one percent (5.91%) will bring the City Clerk’sannual salary to $162,842 which is the median of the comparable agencies as of the October 2025 total compensation report.
FISCAL IMPACT:
The recommended salary adjustment will result in an approximate increase of $9,086.93 annually. Sufficient City of Lodi Printed on 2/26/2026Page 1 of 2
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COUNCIL COMMUNICATION
The recommended salary adjustment will result in an approximate increase of $9,086.93 annually. Sufficient funds have been allocated within the current fiscal year’s budget for this adjustment.
FUNDING AVAILABLE:
10005000.71001
City of Lodi Printed on 2/26/2026Page 2 of 2
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1126
EMPLOYMENT AGREEMENT ADDENDUM
Gouncil Appointee
Exempt Service
Gity Glerk
THIS EMPLOYMENT AGREEMENT ADDENDUM ("Addendum") made and effective this
-,
2026, by and between the CITY OF LODI, a municipal coiporation ("City") and Olivia Nashed, an individual ("Employee").
WHEREAS, the City and Employee entered into an Employment Agreement dated April 6, 2022, as shown in Exhibit "A" attached hereto and incorporated herein by this reference ("Agreement"); and
WHEREAS, on February 18, 2026, the City Council approved Resolution 2026- attached hereto as Exhibit "B", which authorized an equity increase to Employee's base salfr to the amount of $162,842.15 to retroactively take effect on January 5, 2026; approving cost oiliving increases of three percent (3%) effective the first full pay period in January 2d27, and January 2028; and amendments to Employee's benefits as listed below; and WHEREAS, the City and Employee now wish to execute this Addendum agreeing and acknowledging the salary and benefits increases reflected in Resolution 2026-_inO upOate the Agreement language to reflect these changes.
Agreement
City and Employee hereby acknowledge and agree that the Agreement shall be updated to reflect the increases to Employee's salary and benefits as approved and adopted by the City Council in Resolution 2026-_, as follows:
7. COMPENSATION:
City agrees to provide the following compensation to Employee during the term of the Agreement:
(a) Base Salary - Effective January 5,2026, Employee shall be paid an annual salary of $162,842 per year, which sum may be adjusted from time to time as provideO in inis 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 and shall include a three percent (3%) wage increase at the first full pay-period in January 2027, and another three percent (3%) wage increase at the firit full pay- period in January 2028. 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
-l-
Attachment 1
1127
(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.
11. 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, 2026, the City will contribute ninety percent (90%) of the monthly medical premium for the lowest cost HMO plan available in the zip code 95240 based on qualifying tier. Employee shall be responsible for ten percent (1oo/o) of the medical premium for the lowest cost HMO plan available in the zip code 95240. 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 $30b.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. Effective July 6, 2026, the employee's cost-sharing contribution (pursuant to California Government Code section 20516) of six percent (6%), as listed above, shall be eliminated.
NOW, THEREFORE, the parties hereby agree and acknowledge the increase to Employee's base salery, amendments to CaIPERS cost-sharing, and the City's contribution towards medical insurance, as approved by the City Council in Resolution 2026-_, and confirm that all other terms and conditions remain as previously set forth in the Agreement. a
1128
lN WITNESS WHEREOF, the parties have executed this Addendum to the Agreement the day and year written above.
Clry OF LODI, a municipalcorporation EMPLOYEE
By
ATTEST
By
By
JAMES LINDSAY
lnterim City Manager
OLIVIA NASHED
APPROVED AS TO FORM
MARIA DITMORE
Deputy City Clerk
KATIE O, LUCCH
City Attorney
-J-
1129
CITY CLERK EMPLOYMENT AGREEMENT
This Agreement is made and entered into as of April g>, 2022, by and between the City of Lodi, a municipal corporation, hereinafter called "City" and Olivia Nashed, hereinafter called "Employee," both of whom agree as follows:
RECITALS:
It is the desire of the City to retain the services of Employee and to provide inducement for her to remain in such employment, make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and to provide a just means for terminating Employee's services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. GENERAL:
City agrees to employ Employee as the City Clerk of City starting April 11,2022 and Employee agrees to perform the functions and duties the City Council shall from time to time assign to her.
Employee is strongly encouraged to work towards the Certified Municipal Clerk and the Master Municipal Clerk designations from the lnternational lnstitute of Municipal Clerks and remain actively involved in her professional association.
2. DUTIES & AUTHORIW:
Employee will
(a) Perform the functions and duties of a City Clerk as specified in the California Government Code, City Ordinances, Resolutions, Rules and Regulations and other state and local statutes;
(b) Perform all legally permissible and proper duties and functions as the City Council shall assign. Such duties may be modified from time to time upon such terms as are mutually agreeable to City and Employee;
(c) Be responsible for managing and directing the operations of the City Clerk's office in accordance with an agreed upon performance plan;
(d) Attend City Council meetings as needed by the City Council; and (e) Pedorm the functions and duties of the City Clerk to the best of her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City.
EXHIBIT A TO
ADDENDUM
1130
City Clerk Employmcnt Agreen
3. EXCLUSIVE EMPLOYMENT
(a) Employee has the duty and herein commits to devote her full time and energies in the best interest of the City, and to act in accordance with the duties and responsibilities of the position of City Clerk as set forth above.
(b) Employee shall not accept employment from or on behalf of any person, firm, corporation or entity during the term of this Agreement except as approved in writing by the City Council. The foregoing shall not be construed to prevent Employee from performing volunteer community service, provided Employee shall, prior to performing such services, disclose such anticipated services to the City Council and obtain its approval. Any approved outside services shall not create nor tend to create a disqualifying conflict of interest as defined by the California Political Reform Act of 1974, as amended, nor shall such services impair Employee's ability to fully perform her duties for City hereunder.
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 by 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 which are necessary to fulfill the obligations of her position. Employee does not have set hours of work as she is expected to be available at all times. lt is recognized that Employee must devote a great deal of her time outside "normal office hours" to the business of the City, and to that end Employee's schedule of work each day and week shall vary in accordance with the work required to be performed. The Employee has discretion as to her work schedule.
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 her duties. (b) City shall pay for, or provide, Employee reimbursement of actual business expenses.
The City shall provide Employee with a City credit card to charge appropriate and laMul business expenses up to the amount provided for in the City budget. (c) City shall pay such professional dues, subscriptions, and memberships in such organizations necessary for Employee to maintain professional relationships in appropriate national, regional, state and local associations and organizations necessary and desirable for her continued professional growth and advancement and benefit to the City.
(d) City agrees to pay travel and subsistence expenses of Employee to pursue official and other functions for the City, and meetings and occasions to continue the professional development of Employee, including but not limited to Annual Conferences of the League of California Cities and other national, regional, state, and local conferences,