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and governmentalgroups and committees upon which Employee serves as a member up to an amount provided for in the City budget,
6. MUTUAL COMMITMENTS
Performance Evaluation - Annual performance evaluations are an important way for the City Council and Employee to ensure effective communications about expectations and performance. The City Council recognizes that for Employee to respond to their needs and to grow in the performance of her job, she needs to know how the City Council Members think she is performing. To assure Employee gets this feedback, the City Council commits to:
(a) Conduct an evaluation of Employee's performance at least annually, or on any other schedule deemed appropriate by the City Council. The City Council may use an outside facilitator to assist them in conducting this evaluation. (b) The annual review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with Employee,
(c) The City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City for the attainment of the City Council's policy objectives. The City Council and Employee shall further establish a relative priority among those various goals and objectives. 7, GOMPENSATION:
City agrees to provide the following compensation to Employee during the term of the Agreement:
(a) Base Salary - Employee shall be paid an annual salary of $132,831.59 per year, which sum may be adjusted from time to time as provided in this Agreement by action of the City Council, payable in twenty-six (26) equal installments in the same manner as City department heads.
(b) The City shall pay all traditional employer costs required by law, including but not limited to: FICA, Medicare, Unemployment Compensation, and Workers' Compensation.
(c) Future annual adjustments to Employee's salary shall be set by City Council action City may not reduce salary or benefits provided by this Agreement unless:
(i) it does so on a Citywide (all employees) basis, and then in no greater percentage than the average reduction of all City employees, or
(ii) it does so after providing Employee with a written negative performance evaluation that provides direction and opportunity for improvement prior to any action to reduce salary or benefits.
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8. AUTOMOBILE
Employee shall not be provided an automobile or automobile allowance. Employee shall be reimbursed for travel expenses in accordance with City's travel policies,
9. GENERAL EXPENSES:
Employee shall also be reimbursed by City for reasonable out-of-pocket expenses incurred in the course and scope of her employment in accordance with City reimbursement policies.
10. BASIC BENEFITS:
(a) Holidays - Employee shall receive 36 floating hours of paid leave (pro-rated for calendar year 2022) and nine and one half (9 %)paid fixed holidays per year credited in the same manner as allother City employees.
(b) Vacation Leave - Employee will receive a bank of forty (40) hours of vacation leave concurrent with her start date that can only be used during Employee's first 12-months of Employment. Employee will receive paid vacation leave in increments of 3.08 hours per pay period, increasing as provided in the City of Lodi Executive Management Statement of Benefits, daled 2012, as amended from time to time by resolution of the City Council ("Executive Statement of Benefits"). Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated vacation time to her credit at her rate of pay as of her date of termination.
(c) Sick Leave - Employee shall be granted ninety-six (96) hours of sick leave per year which will accrue at a rate of 3.70 hours per pay period with no limit on the amount that can be accumulated.
(d) Administrative Leave - Employee shall be granted eighty (80) hours of administrative leave per calendar year (pro-rated for calendar year 2022). Employee may cash out up to eighty (80) hours of Administrative Leave, as provided under the Executive Statement of Benefits. Upon termination or resignation of employment, Employee or those entitled to her estate, shall receive a lump sum payment for unused or accumulated administrative leave to her credit at her rate of pay as of her date of termination.
(e) Deferred Compensation: Employee may participate in the City's Deferred Compensation plan. The City will match up to a percentage equal to the highest amount provided to any bargaining group (currently 3o/o of base salary). (f) Other terms and conditions - Except as otherwise provided herein, all provisions of the City of Lodi Municipal Code, official policies and regulations and rules of the City relating to disability, incapacity, vacation, holidays, retirement systems contributions, and other fringe benefits and working conditions as they now exist or hereafter may be amended also shall apply to Employee as they would to other executive management employees of City in addition to said benefits set out in this Agreement.
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ll.INSURANCE:
(a) Medical lnsurance: Employee shall receive vision insurance, dental insurance, long term disability, chiropractic insurance, and any other similar benefit which may be made available to Employee by the City as outlined in the Executive Statement of Benefits. The Statement of Benefits or Council Resolution(s) describe(s) these benefits and any applicable deductibles.
Employee and qualified dependents are eligible to participate in the City's sponsored medical insurance as offered through CaIPERS, or other medical plan offered by the City. Effective January 1,2022, the City will contribute a maximum towards the monthly medical premium based on qualifying tier ($1 ,794.51 for Family coverage, $1,380.39 for Employee+1, and $690.17 for Employee only). lf Employee selects a higher cost medical plan, Employee will pay the difference as a payroll deduction. lf Employee elects not to be covered by medical insurance through the City, an additional $692.81 per month for Family or $532.92 for Employee+1 or $305.22 for a Single employee, will be added to either the Employee's deferred compensation account or paid in cash. ln order to qualify for this 'cash-out' provision, proof of group insurance coverage must be provided to the City. (b) Life lnsurance: Employee shall receive Life lnsurance as provided in the Executive Statement of Benefits.
12. RETIREMENT:
City is a full member of the Public Employees Retirement System (PERS) to which City agrees to contribute to Employee's retirement account the total amount required by it.
Employee shall contribute Employee's contribution to the membership contract with PERS for each pay period for Employee's membership (Classic or PEPRA). ln addition, in accordance with California Government Code section 20516 contract amendment process requirements, Employee shall pay six percent (6%) towards the employer's share of the CaIPERS normal pension cost through a cost-sharing agreement.
13. SEPARATION:
(a) Resignation - ln the event Employee terminates this Agreement by voluntary resignation of her position with the City, Employee shall not be entitled to severance pay othenvise provided in Paragraph 14 of this Agreement. ln the event Employee voluntarily resigns her position with City, she shall give City at least forty-five (45) days advance written notice and shall be entitled to all earned salary and all earned, accrued, and unused leave (vacation, sick, administrative, and holiday) in the manner as all other City employees.
(b) Termination & Removal - The City Council may remove Employee with or without cause, by a majority vote of its members. Notice of termination shall be provided to Employee in writing. Any such notice of termination shall be given at a noticed meeting of the City Council. Employee shall not be removed during the first 120 days following any change in membership of the City Council, except upon four-fifths vote of the City Council. Given the at-will nature of the position of City Clerk, an important element of the employment Agreement pertains to termination. lt is in both the City's
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interest and that of Employee that separation of Employee be done in a businesslike manner
14. TERMINATION AND SEVERANCE:
ln the event Employee is terminated by the City Council, City agrees to pay to Employee a lump sum cash payment equal to six (6) months salary and to continue to pay Employee's health insurance benefits on the same terms set forth in Paragraph 11(a) of this Agreement for six (6) months from the Employee's date of termination. ln all cases such payments shall be subject to all rules and regulations governing income tax withholding.
However, notwithstanding the above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, conviction of a crime involving acts of moral turpitude or involving personal gain to her, or a breach of this Agreement, City shall have no obligation to pay any severance provided in this Paragraph 14. ln the event Employee is convicted of a crime involving abuse of her office or position, as described in Paragraph 19, Employee shall reimburse City for any severance pay paid to Employee under this Paragraph 14.
15. EMPLOYMENT TERM:
(a) Employee is an "at will" employee and shall serve at the pleasure of the City Council. (b) Except as provided in Paragraph 14, nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City Council to terminate the services of Employee.
(c) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position as City Clerk, subject only to the provisions set forth in Paragraph 13 of this Agreement.
16. AUTHORITY TO WORK IN THE UNITED STATES
Employee represents, under penalty of perjury, that she is authorized to work in the United States. ln accordance with S274A (8 USC 1324) of the lmmigration Reform and Gontrol Act of 1986, before this Agreement can become effective, Employee must provide documentary evidence to City consistent with the Act, that she is legally entitled to work in the United States, and must execute the verification required by that Act.
17. MODIFICATIONS:
No modification of this Agreement shall be valid unless said modification is in writing and signed by the party to be charged.
18. CONFLICT OF INTEREST:
Because of the duties and role of Employee on behalf of the City and its citizenry, Employee shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of City, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior approval of the City Council.
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Employee shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to her City employment.
Employee is responsible for submitting to the City Clerk the Appropriate Conflict of lnterest Statements at the time of appointment, annually thereafter, and at the time of separation from the position.
19. INDEMNIFIGATION:
ln accordance with and subject to the provisions of California's Government Claims Act (Government Code $825 et seq.), and any other applicable law, City shall defend, indemnify, and hold harmless Employee in any civil action against and for all losses sustained by Employee in direct consequence of the discharge of her duties on the City's behalf for the period of her employment. City shall defend, indemnify, and hold harmless Employee against any tort, professional liability claim or demand or other civil legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of her duties as City Clerk. City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Whenever Employee shall be sued for damages arising out of the performance of her duties, the City may provide defense counsel for Employee in such suit and indemnify her from any judgment rendered against her; provided that such indemnity shall not extend to any judgment for damages arising out of any willful wrongdoing. Said indemnification shall extend beyond termination of employment and the otheruvise expiration of this Agreement to provide protection for any such acts undertaken or committed in her capacity as City Clerk, regardless of whether the notice of filing of a lawsuit occurs during or following employment with the City.
20. ABUSE OF OFFICE
Any severance payments or cash settlement paid in relation to the termination of this Agreement, pursuant to Paragraph 14, and any legal criminal defense payments made by the City in the defense of Employee, if any, are subject to, and shall be interpreted to comply with, the limitations set forth in Government Code section 53260, concerning the maximum cash settlement in an employment contract, and Government Code sections 53243 through 53243.4, limiting and/or restricting payment or continued retention of severance payments and/or legal criminal defense payments should Employee be convicted of a crime involving an abuse of office or position. "Abuse of office or position" for purposes of this Agreement, shall be as defined in Government Code section 53243.4 which provides: "'abuse of office or position' means either of the following: (a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority. (b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code-"
21. ATTORNEY'S FEES
lf either of the parties hereto brings any action or proceeding against the other, including but not limited to, an action to enforce or to declare the termination, cancellation or revision of the Agreement, the prevailing party in such action or proceedings shall be entitled to receive from the other party all reasonable attorney's fees and costs, incurred in connection therewith. ln the event either party shall initiate any suit, action, or appeal on
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City Clerk Employrnent Agreer'
any matter related to this Agreement, then the court before whom such suit, action, or appeal is taken shall award to the prevailing party such attorney's fees as the court shall deem reasonable, and such award and all allowable costs of the event may be either added to or deducted from the balance due under this Agreement or be a separate obligation as appropriate.
22. SEVERABILITY:
lf any provision or any portion of any provision of this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion hereof, shall be deemed severable and shall not be affected, but shall remain in fullforce and effect.
23. INTEGRATED AGREEMENT
This writing contains the entire agreement between the parties and all prior or contemporaneous agreements, understandings or discussions relative to this Agreement are hereby superseded.
24. JURISDICTION AND VENUE:
This Agreement shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Lodi, San Joaquin County, California.
25. NOTICES:
All written notices required pursuant to this agreement shall be delivered to: City Clerk, P.O. Box 3006, Lodi, CA 95241 or City Hall,221West Pine Street, Lodi, CA 95240; and Olivia Nashed, c/o City Hall, 221 West Pine Street, Lodi, CA 95240.
26. EXECUTION:
lN WITNESS WHEREOF, the City Council of the City of Lodi has caused this Agreement to be signed and executed on its behalf by the Mayor, and Employee has signed and executed this Agreement as of the day and year first above written.
CITY OF LODI, a municipalcorporation: EMPLOYEE:
By: 1An,* (/L,vl/-- 3.2ttr zozZ
Mark Chandler
Mayor
Attest:
Pamela M. Farris
Assistant City Clerk
Olivia Nashed
Approved as to Form
nice D
City
dich
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RESOLUTION NO. 2022-309
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
COMPENSATION AND BENEFIT MODIFICATIONS
FOR CITY CLERK FOR THE PERIOD JANUARY 1,2023 THROUGH
DECEMBER 31, 2025
WHEREAS, the City has completed negotiations with all bargaining units; and WHEREAS, it is recommended that Council provide salary and benefit modifications to the City Clerk's contract as follows:
Six percent (60lo) increase to base salary effective January 9, 2023; five percent (5%) increase to base salary effective January, 8,2Q24; and four percent (4%) increase to base salary effective January 6,2025;
lncrease to the City's contribution towards medical premiums and remain fixed over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1 ,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
lncrease to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
Addition of one fixed holiday in recognition of the Juneteenth holiday.
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council does hereby approve compensation and benefit modifications to the City Clerk's contract.
Date: December 7,2022
a
a
a
a
I hereby certify that Resolution No, 20224A9 was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS - Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
OXi"*,-l/\ff[t"d
OLIVIA NASHED
City Clerk
2022-309
1138
Agency Classification
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Maximum
Monthly Base
Salary
Total Monthly
Compensation
Lodi City Clerk $12,813 $16,352 $13,570 $17,143
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
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RESOLUTION NO. 2026-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN ADDENDUM
TO THE EMPLOYMENT AGREEMENT FOR THE CITY CLERK
=============================================================== =========
WHEREAS, following the City Clerk’s annual review process, a representative from the City and Olivia Nashed, City Clerk, have negotiated in good faith and reached a tentative agreement on amendments to the Employment Agreement for the City Clerk; and
WHEREAS, based on those negotiations, it is recomme nded th at Council approve revisions to the Employment Agreement with Olivia Nashed , Cit y Clerk, beyond those previously authorized in Resolution 2022-309, which shall include the following:
One-time equity adjustme nt of five-point nine one percent ( 5.91%) base salary increase to $162,842 annually, retro-actively applied back to January 5, 2026; A three percent (3%) cost-of-living increase effective the first full pay -period in January 2027;
An additional t hree percent (3%) cost-of-living increase effective the first full pay - period in January 2028;
City shall pay up to 9 0% of th e medical premium, by enrollment category, for the lowest cost HMO plan available in the zip code 95240, effective January 1, 2026; Reduce total employee pension contribution by eliminating employee cost -sharing, of six percent (6%), effective July 6, 2026:
o Classic Contribution seven percent (7%)
o PEPRA Contribution of 50% of normal cost
NOW THEREFORE BE IT RESOLVED that the Lodi City Council does hereby approve and authorize the Interim City Manager to execute the attached Addendum to the Employment Agreement (Attachment 1) between the City of Lodi and Olivia Nashed, City Clerk, to reflect the salary and benefit updates listed in the recitals above.
Dated: March 4, 2026
================================================================== =
I hereby certify that Resolution No. 2026- was passed an d adopted by the City Council of the City of Lodi in a regular meeting held 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 H.1
COUNCIL COMMUNICATION
AGENDA TITLE:
Waive the Second Reading and Adopt Ordinance No. 2046 Revising Lodi Municipal Code, Section 13.20.240 Schedule G1-General Service-Group 1 Commercial/Industrial and Section 13.20.250 Schedule G2-General Service-Group 2 Commercial/Industrial (Community Benefits Incentive Discount) (CLK) MEETING DATE:
March 4, 2026
PREPARED BY:
Olivia Nashed, City Clerk
RECOMMENDED ACTION:
Waive the Second Reading and Adopt Ordinance No. 2046 Revising Lodi Municipal Code, Section 13.20.240 Schedule G1-General Service-Group 1 Commercial/Industrial and Section 13.20.250 Schedule G2-General Service-Group 2 Commercial/Industrial (Community Benefits Incentive Discount).
BACKGROUND INFORMATION:
Ordinance No. 2046 entitled “An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Chapter 13.20.240 Schedule G1 - General Service - Group 1 Commercial/Industrial and Section 13.20.250 Schedule G2 - General Service - Group 2 Commercial Industrial” was introduced at the regular City Council meeting of February 18, 2026. Staff recommends waiving the second reading and adopting Ordinance No. 2046.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required - one to introduce and a second to adopt the ordinance.
Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov’t Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov’t Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.
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