June 15, 2016 (Regular Meeting)

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LODI CITY COUNCIL Carnegie Forum

305 West Pine Street, Lodi TM

AGENDA – REGULAR MEETING Date: June 15, 2016

Time: Closed Session 6:15 p.m. Regular Meeting 7:00 p.m.

For information regarding this Agenda please contact: Jennifer M. Ferraiolo

City Clerk Telephone: (209) 333-6702

6:55 p.m. Invocation/Call to Civic Responsibility. Invocations/Calls may be offered by any of the various religious and non-religious organizations within and around the City of Lodi. These are voluntary offerings of private citizens, to and for the benefit of the Council. The views or beliefs expressed by the Speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the beliefs or views of any speaker.

C-1 Call to Order / Roll Call

C-2 Announcement of Closed Session

a) Actual Litigation: Government Code §54956.9(a); One Case – Sheree Rene Coe v. City of Lodi, et al., U.S. District Court, Eastern District of California, Case No. 2:13-CV-00432-JKM-CKD (CA)

C-3 Adjourn to Closed Session

NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M.

C-4 Return to Open Session / Disclosure of Action

A. Call to Order / Roll Call

B. Presentations

B-1 National Alzheimer’s and Brain Awareness Month Proclamation (CLK)

B-2 Parks Make Life Better Month Proclamation (PRCS)

B-3 Presentation of Certificate of Recognition to Suzanne Mangum, Retiring Director of Lodi House (CLK)

C. Consent Calendar (Reading; Comments by the Public; Council Action)

C-1 Receive Register of Claims in the Amount of $4,075,417.14 (FIN)

C-2 Approve Minutes (CLK) a) May 24 and May 31, 2016 (Shirtsleeve Sessions) b) June 1, 2016 (Regular Meeting)

Res. C-3 Adopt Resolution Authorizing City Manager to Execute a Contract for the Purchase of Five Dispatch Consoles with Motorola, Inc.; Approving and Executing Seven-Year Maintenance Service Agreement ($184,967.83); Approving Debt Financing with Holman Capital Corporation ($562,387); Authorizing City Manager and Deputy City Manager to Execute All Necessary Financing Documents; and Appropriating Funds ($562,387) (PD)

Res. C-4 Adopt Resolution Awarding Bid for the Purchase of 15 kV Distribution Cable from The Okonite Company, of San Ramon ($112,492.86) (EU)

Res. C-5 Adopt Resolution Awarding Contract for 2016 GrapeLine Bus Stop Accessibility and Shelter Improvements to A. M. Stephens Construction Company, Inc., of Lodi ($396,088) (PW)

Res. C-6 Adopt Resolution Awarding Contract for 2016 Storm Drainage Improvements to Mozingo Construction, Inc., of Oakdale ($359,715) (PW)

Res. C-7 Adopt Resolution Awarding Contract for 2016/17 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 to Odyssey Landscaping, of Lodi ($189,500), and Authorizing Public Works Director to Execute Extensions (PW)


CITY COUNCIL AGENDA JUNE 15, 2016 PAGE TWO Res. C-8 Adopt Resolution Awarding Contract for White Slough Water Pollution Control Facility 2016

Improvements Corrosion Repair Project to Western Water Constructors, Inc., of Santa Rosa ($1,039,650) (PW)

Res. C-9 Adopt Resolution Rejecting Lowest Non-Responsive Bidder and Awarding Contract for Shady Acres Stormwater Pump Replacement Project to the Lowest Responsive Bidder, TTS Construction Corporation, of Lodi ($148,702) (PW)

Res. C-10 Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2016/17 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Downtown Cleaning ($58,614), Transit Facility Cleaning ($48,237), and Hutchins Street Square Landscape Maintenance ($20,236) (PW)

Res. C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Lyons Security Services, Inc., of Orange, for Security Services at Hutchins Street Square and Appropriating Funds ($40,000) (PRCS)

Res. C-12 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Kratos Public Safety & Security Solutions, Inc., of San Diego, for Repairs and Maintenance of City Security Doors, Gates, and Access Control ($50,000) (PW)

Res. C-13 Adopt Resolution Ratifying the San Joaquin Council of Governments’ Annual Financial Plan for Fiscal Year 2016/17 (PW)

Res. C-14 Adopt Resolution Authorizing City Manager to File Claim for 2015/16 Transportation Development Act Funds in the Amount of $3,547,687 from Local Transportation Fund and $192,216 from State Transit Assistance Fund (PW)

Res. C-15 Adopt Resolution Authorizing City Manager and Designee to Execute and File Grant Applications to Receive Federal Funds for Transit Projects with the Federal Transit Administration and to Execute Any Related Grant Applications, Certifications, Assurances, Forms, Agreements, and Associated Documents (PW)

Res. C-16 Adopt Resolution Approving Donation of Retired Rescue Ropes and Rescue Litter to the Lodi Unified School District Regional Occupation Fire Science Technology Program and Authorizing City Manager to Execute Hold Harmless Agreement (FD)

C-17 Receive Update on Hutchins Street Square Pool (PRCS)

Res. C-18 Adopt Resolution Initiating Proceedings for the Levy and Collection of Assessments, Res. Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and Res. Collect Assessments for the Lodi Consolidated Landscape Maintenance Assessment District

No. 2003-1 for Fiscal Year 2016/17; and Set Public Hearing for July 20, 2016 (PW)

D. Comments by the Public on Non-Agenda Items

THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l). The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need to take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda.

E. Comments by the City Council Members on Non-Agenda Items

F. Comments by the City Manager on Non-Agenda Items


CITY COUNCIL AGENDA JUNE 15, 2016 PAGE THREE

G. Public Hearings

Res. G-1 Continued Public Hearing to Consider Adopting Resolution Setting Pre-Approved Engineering News Record Adjustment Index for Wastewater Rates for Residential, Commercial, and Industrial Customers (PW)

Res. G-2 Public Hearing to Consider Adopting Resolution Approving Amendment No. 3 of the 2015/16 Community Development Block Grant Annual Action Plan (CD)

Ord. G-3 Public Hearing to Consider: 1) Introducing Ordinance Repealing and Re-Enacting Lodi Ord. Municipal Code Chapter 17.34 – Signs – in Its Entirety; 2) Introducing Ordinance Repealing Ord. Lodi Municipal Code Chapter 9.19 – Political Sign Regulations – in Its Entirety; and (Introduce) 3) Introducing Ordinance Repealing and Re-Enacting Lodi Municipal Code Section 10.44.040,

“Parking for Certain Purposes Prohibited – Display of ‘For Sale’ Signs on Vehicles, Vessels or Trailers – Restrictions,” in Its Entirety (CA)

H. Communications – None

I. Regular Calendar

Res. I-1 Adopt Resolution Amending Traffic Resolution No. 97-148, Section 6, “Permit Parking,” to Increase Zone B Permit Fee from $15 to $54 per Quarter, Modify the Overtime Parking Fine from a Flat Fee of $45 to $45 for First Violation and an Additional $45 for Subsequent Violations, and Increase Fines for Miscellaneous Violations (PW)

I-2 Receive Electric Utility Strategic Planning Customer Survey Report by GreatBlue Research, Inc. (EU)

I-3 Provide Direction Regarding City Council Representation for Electric Utility Strategic Planning (EU)

I-4 Provide Direction Regarding Electric Utility Customer Advisory Board (EU)

J. Ordinances – None

K. Adjournment Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day. ______________________________ Jennifer M. Ferraiolo City Clerk All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at least 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact Jennifer M. Ferraiolo at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Jennifer M. Ferraiolo (209) 333-6702.

Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www.lodi.gov by clicking the meeting webcasts link.

AGENDA ITEM B-01

APPROVED: _______________________________________ Stephen Schwabauer, City Manager

Alzheimers.doc

CITY OF LODI COUNCIL COMMUNICATION

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AGENDA TITLE: National Alzheimer’s and Brain Awareness Month Proclamation

MEETING DATE: June 15, 2016

PREPARED BY: City Clerk

RECOMMENDED ACTION: Mayor Chandler to present proclamation proclaiming the month of June 2016 as “National Alzheimer’s and Brain Awareness Month” in the City of Lodi.

BACKGROUND INFORMATION: The Mayor has been requested to present a proclamation proclaiming the month of June 2016 as “National Alzheimer’s and Brain Awareness Month” in the City of Lodi. Alzheimer’s Association Board

Member Mark McDonald will be at the meeting to accept the proclamation.

FISCAL IMPACT: Not applicable.

FUNDING AVAILABLE: Not applicable.

____________________________________ Jennifer M. Ferraiolo City Clerk

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AGENDA ITEM B-02

APPROVED: _________________________________ Stephen Schwabauer, City Manager


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AGENDA TITLE: Parks Make Life Better Month Proclamation


PREPARED BY: Parks, Recreation and Cultural Services Director

RECOMMENDED ACTION: Mayor Chandler present proclamation proclaiming the month of July 2016 as “Parks Make Life Better Month” in the City of Lodi.

BACKGROUND INFORMATION: Statewide public opinion research has found that 98 percent of California households visit a local park at least once a year; two-thirds visit a park once a month; half of households participate in an organized recreation program; and most park use is with family and friends.

Residents value recreation as it provides positive alternatives for children and youth to reduce crime and mischief especially during nonschool hours. It promotes the arts, it increases social connections, aids in therapy and promotes lifelong learning.

Lodi residents, including children, youth, families, adults, seniors, businesses, community organizations, and visitors benefit from the wide range of parks, trails, open space, sports fields, tennis courts, facilities and programs. Thousands of residents participate in youth sports and other activities, and Lodi Lake Park has more than 200,000 visitors a year.

Through this proclamation, the City Council urges all its residents to recognize that parks and recreation enrich the lives of Lodi residents and visitors, as well as add value to the community’s homes and neighborhoods.

In July 2016 we are recognizing the 75th anniversary of the founding of the current Parks, Recreation & Cultural Services Department. A free anniversary party for the public is scheduled from 5 p.m. to 9 p.m., July 16 at Lodi Lake Park. Our celebration will include family activities, live music, and birthday cake.

With July being celebrated across the nation as Parks and Recreation Month, the Council is asked to proclaim July 2016 as Parks Make Life Better® Month in the City of Lodi.

FISCAL IMPACT: None.

_______________________________ Jeff Hood Parks, Recreation and Cultural Services Director

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AGENDA ITEM B-03


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AGENDA TITLE: Presentation of Certificate of Recognition to Suzanne Mangum, Retiring Director of Lodi House


PREPARED BY: City Clerk

RECOMMENDED ACTION: Mayor Chandler to present Certificate of Recognition to Suzanne Mangum, retiring director of Lodi House.

BACKGROUND INFORMATION: The Mayor will present a Certificate of Recognition to Suzanne Mangum, who is retiring as director of Lodi House after 16 years, in appreciation for her many contributions to this community.



____________________________________ Jennifer M. Ferraiolo City Clerk

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AGENDA ITEM C-01

APPROVED: ________________________________________

Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATION

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AGENDA TITLE: Receive Register of Claims through May 26, 2016 in the total amount of $4,075,417.14


PREPARED BY: Internal Services Director

RECOMMENDED ACTION: Receive the attached Register of Claims for $4,075,417.14 BACKGROUND INFORMATION: Attached is the Register of Claims in the amount of $4,075,417.14

through 5/26/16. Also attached is Payroll in the amount of $1,402,153.11

FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: As per attached report.

_______________________________ Jordan Ayers Internal Services Director JA/nes Attachments

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Council Report

City of Lodi, CA - v10.5 Live

5/13/2016 through 5/26/2016 Fund Amount

100 - General Fund 1,718,543.76

120 - Library Fund 6,798.29

140 - Expendable Trust 159,938.35

200 - Parks Rec & Cultural Services 44,037.64

205 - Boating & Waterways Grant 145,267.95

270 - Comm Dev Special Rev Fund 16,715.50

301 - Gas Tax-2105 2106 2107 28,560.68

303 - Measure K Funds 3,729.47

307 - Federal - Streets 15,786.02

308 - IMF(Regional) Streets 930.30

311 - State-Streets 467,570.15

314 - IMF-Regional Transportation 780.00

350 - H U D 2,258.14

407 - Vehicle Replacement Fund- PRCS 15,626.00

431 - Capital Outlay/General Fund 68,917.75

434 - Arts in Public Places-IMF 3,039.90

435 - IMF Police Facilities 369.60

436 - IMF Fire Facilities 378.00

437 - IMF Parks & Rec Facilities 1,900.74

438 - IMF General Facilities-Adm 302.40

500 - Electric Utility Fund 146,056.20

501 - Utility Outlay Reserve Fund 4,429.65

504 - Public Benefits Fund 111,264.00

508 - Environmental Compliance 463.04

530 - Waste Water Utility Fund 216,259.88

531 - Waste Wtr Util-Capital Outlay 355,816.76

560 - Water Utility Fund 67,846.12

561 - Water Utility-Capital Outlay 20,408.76

590 - Central Plume 69,540.00

600 - Dial-a-Ride/Transportation 242,161.45

601 - Transit Capital 9,452.00

603 - Prop 1B - TSSSDRA 2,050.00

604 - Low Carbon Transit Operation 268.38

650 - Internal Service/Equip Maint 57,271.15

655 - Employee Benefits 50,534.11

665 - Worker's Comp Insurance 20,145.00

Total 4,075,417.14

Council Report: Payroll

City of Lodi, CA - v10.5 Live

Pay Period 5/22/2016

Fund Description Amount

100 General Fund 782,352.53

120 Library Fund 26,545.55

200 Parks Rec & Cultural Services 133,189.02

214 LPD-OTS Grants 2,611.81

219 LPD-ABC Grant 4,319.45

270 Comm Dev Special Rev Fund 33,789.85

301 Gas Tax-2105 2106 2107 31,145.79

500 Electric Utility Fund 193,146.58

530 Waste Water Utility Fund 138,833.81

560 Water Utility Fund 28,306.12

600 Dial-a-Ride/Transportation 9,282.34

650 Internal Service/Equip Maint 18,630.26

Report Total 1,402,153.11

AGENDA ITEM C-02

APPROVED: _________________________________________

Stephen Schwabauer, City Manager N:\Administration\CLERK\Council\COUNCOM\Minutes.doc


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AGENDA TITLE: Approve Minutes

a) May 24, 2016 (Shirtsleeve Session) b) May 31, 2016 (Shirtsleeve Session) c) June 1, 2016 (Regular Meeting)

MEETING DATE: June 15, 2016 PREPARED BY: City Clerk

RECOMMENDED ACTION: Approve the following minutes as prepared:

a) May 24, 2016 (Shirtsleeve Session) b) May 31, 2016 (Shirtsleeve Session) c) June 1, 2016 (Regular Meeting)

BACKGROUND INFORMATION: Attached are copies of the subject minutes marked Exhibit A

through C, respectively. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. _______________________________ Jennifer M. Ferraiolo City Clerk Attachments

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LODI CITY COUNCILSHIRTSLEEVE SESSION

CARNEGIE FORUM, 305 WEST PINE STREETTUESDAY, MAY 24, 2016

A. Roll Call by City Clerk

An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, May 24, 2016, commencing at 7:00 a.m.

Present: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor ChandlerAbsent: Council Member MounceAlso Present: City Manager Schwabauer, City Attorney Magdich, and Deputy City Clerk Farris

B. Topic(s)

B-1 Receive Presentation Regarding Fiscal Year 2016/17 Budget (CM)

Deputy City Manager Jordan Ayers provided a PowerPoint presentation regarding the Fiscal Year 2016/17 budget. Specific topics of discussion included overview of Special Revenue funds; Library overview; Library revenues and expenditures; Transit overview; Transit revenue; Transit expenses; Transit capital projects; Streets overview; Streets revenues; Streets expenditures; Street capital projects; Fleet overview; Fleet revenues and expenses; Community Development overview; Community Development revenues; Community Development expenditures; Parks, Recreation and Cultural Services (PRCS) overview; PRCS revenues; and PRCS expenditures.

Mr. Ayers stated the draft Fiscal Year 2016/17 budget was distributed on May 12, 2016, and is available on the City's website.

In response to Council Member Nakanishi, Mr. Ayers stated there is no dedicated revenue fund for the Library. City Manager Schwabauer clarified that there is no special tax or special revenue fund for the Library; it is funded from the General Fund. Council Member Nakanishi inquired if this is the case every year, which Mr. Schwabauer confirmed.

Council Member Johnson reported that the City of Stockton may be placing a quarter-cent sales tax measure on the next ballot to fund its Library and recreational services.

In response to Council Member Johnson's inquiry about the $700,000 budgeted for bus shelter improvements, Transportation Manager Paula Fernandez explained that the City usually spends about $350,000 each year on shelter improvements, but more design work was required last year, so construction was not completed; the City will be doubling up on construction this year. Ms. Fernandez stated that during this phase of improvements, the City will be adding advertising panels on seven shelters, which will generate revenue. In response to Mr. Schwabauer, Ms. Fernandez confirmed that the upcoming project will also encompass Americans with Disabilities Act (ADA) improvements, including path of travel improvements, corner curb ramps, and sidewalk improvements.

In response to Mayor Pro Tempore Kuehne, Ms. Fernandez explained the number of bus stops that are improved varies from year to year, but there are approximately 30 bus stops included in the project that is currently out to bid. Mr. Schwabauer further responded that the cost of improving a bus stop could range from $50,000 to $75,000 if catch basin and curb improvements are included, and that while ADA improvements are the main focus, Cherokee Lane is greatly benefiting from this project.

In response to Council Member Nakanishi, Ms. Fernandez stated the annual operating budget

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Exhibit A

includes approximately $1.2 million in federal funds, $1 million in State funds, and $300,000 fare revenue; there is additional revenue from advertising and solar sources; and there is State and federal capital funding in the amount of $600,000 for buses. Mr. Ayers clarified that the current Transit budget includes $6.1 million in a combination of State and federal funds.

In response to Council Member Nakanishi, Mr. Ayers responded he would provide the annual cost to the City for the increase in the minimum wage. He further responded that the minimum wage increase affects only part-time employees; and that PRCS has the largest part-time staff, although the Public Works Department also has a significant number of part-time employees. Mr. Schwabauer stated the City will absorb most of the cost of the increase in reduced services; the Library and PRCS will reduce the number of part-time hours. Mr. Ayers confirmed fewer hours of part-time service are included in the current budget.

In response to Council Member Nakanishi, Mr. Ayers stated the Fleet Policy dictates the standard useful life of the different types of vehicles in miles and years, and he would research the policy for Police vehicles.

Council Member Johnson observed it may be time to take a hard look at part-time employee costs versus contracting out services, as the situation is not improving.

C. Comments by Public on Non-Agenda Items

None.

D. Adjournment

No action was taken by the City Council. The meeting was adjourned at 7:23 a.m.

ATTEST:

Pamela M. FarrisDeputy City Clerk

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LODI CITY COUNCILSHIRTSLEEVE SESSION

CARNEGIE FORUM, 305 WEST PINE STREETTUESDAY, MAY 31, 2016

A. Roll Call by City Clerk

An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, May 31, 2016, commencing at 7:00 a.m.

Present: Council Member Johnson, Council Member Nakanishi, Mayor Pro Tempore Kuehne, and Mayor ChandlerAbsent: Council Member MounceAlso Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo

NOTE: Council Member Nakanishi arrived at 7:01 a.m.

B. Topic(s)

B-1 Receive Presentation Regarding Fiscal Year 2016/17 Budget (CM)

Deputy City Manager Jordan Ayers provided a PowerPoint presentation regarding the Fiscal Year 2016/17 budget. Specific topics of discussion included overview of General Fund departments, General Fund balance, departmental funding, Police, Fire, Public Works, Administration, Economic Development, Internal Services, non-departmental, and Capital outlay.

Council Member Johnson commented on the increased cost of Fire dispatching and questioned if history will repeat itself, causing Fire to take the service back from Stockton and handle it in-house. Fire Chief Larry Rooney explained that the increased cost was anticipated as part of the Joint Powers Agreement (JPA) with a $10 per call bump for this year, but the costs will stabilize and should decrease as more entities join. Chief Rooney reminded Council that it cost $65 per call when Lodi handled dispatching in-house and the cost is now $50 per call, which should remain at that level or below.

In response to Council Member Nakanishi, Chief Rooney stated that Stockton handles dispatching and the entities in the JPA include Lathrop, Manteca Fire District, City of Manteca, and Lodi. He further verified that American Medical Response handles dispatching services for some of the smaller cities. Mr. Ayers confirmed that the dispatch contract for the upcoming budget year is $285,000, and City Manager Schwabauer added that the four dispatchers who were handling the service received roughly $90,000 in compensation.

In response to Council Member Johnson, Mr. Schwabauer stated that staff is currently evaluating the final costs of Fire Station No. 2, which came in under budget by $500,000, to determine whether or not the property at the former station really needs to be sold. If the savings are from the general fund, versus the utility accounts, it may be worthwhile to maintain the property for Fire Department training purposes.

Mr. Schwabauer explained that, as part of the negotiated agreement, Visit Lodi! increased the Business Improvement District (BID) fee and, after this year, will no longer receive the $133,500 contribution from the City. During the 2017/18 budget discussion, Council can make the determination to leave that funding for economic development purposes or reallocate it completely.

In response to Council Member Nakanishi, Mr. Schwabauer explained that Lodi hotels formed a BID that charges 4.5 percent to all hotels, which is collected as part of the room rate, that goes to Visit Lodi! for marketing purposes.

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Exhibit B

In response to Council Member Johnson, Mr. Schwabauer stated that two sales tax initiatives versus one would increase the election cost by roughly $12,000.

In response to Council Member Nakanishi, Mr. Schwabauer stated that in 2008 the concern regarding the Fourth of July fireworks was the cost of Police and Fire overtime to staff Lodi Lake to ensure a safe environment; however, those costs have been worked into the budget and staff is comfortable with the set-up. Total cost is $36,000: $16,000 for fireworks and $20,000 for overtime costs.

Mayor Pro Tempore Kuehne complimented Mr. Ayers for the service improvements at Finance, stating he has not received further complaints about the collection area.

In response to Council Member Nakanishi, Mr. Ayers stated that the City pays itself for electricity, water, and sewer services and also pays for refuse, phone, and gas services, which is incorporated in the Non-Departmental account. In further response to Council Member Nakanishi, Mr. Ayers stated he would calculate those costs to determine if it is increasing.

In response to Council Member Johnson, Mr. Ayers stated that the $79,000 set aside for Information Technology (IT) replacement will help to keep the City afloat in that Department, but it is not enough to fully fund an IT replacement program. If the City experienced a catastrophic failure of its IT system, it would likely cost $4 million to repair and replace, and this set-aside is the start of planning for that reserve. Mr. Ayers added that staff will bring forth an IT Replacement Policy to Council in August or September, after which a decision will need to be made on how to fund the program.

In response to Council Member Nakanishi, Mr. Ayers stated that it has been quite some time since the Lodi Arch was refurbished and that hopefully a portion of the funding for the project can come from donations or service club contributions.

In response to Mayor Pro Tempore Kuehne, Mr. Schwabauer stated that it will be Council's decision whether to sell the old fire station property or to maintain it for training purposes. The sale of the property was put into the budget as part of the resources to pay for Fire Station No. 2, but the project came in $500,000 less, and staff will confirm whether it is from the general fund or the utility accounts. It will ultimately be Council's decision to keep the property as a training facility or to sell it.

In response to Council Member Nakanishi's earlier question regarding increases to City-paid utilities, Mr. Ayers confirmed those costs increased by 2.6 percent.

Council Member Johnson suggested staff consider utilizing the property on Thurman Street as a space to perform Fire Department training exercises, particularly if the old fire station property is of worth on the market. Mr. Schwabauer stated the entire 9.5-acre Thurman Street property may be utilized by the Electric Utility Department for the 230 Kv project, and Council Member Johnson suggested the matter be discussed further with the Electric Utility Director.

Myrna Wetzel expressed concern about utilizing the former Fire Station because the building was uninhabitable and questioned if the City would renovate the building or tear it down and install portables. Mr. Schwabauer stated that a strategy has not yet been fully formed; however, there is no plan to use the old fire station structure or to house or staff individuals inside the building. Instead, there would likely be Conex buildings in the yard area for use as a training facility.

In response to Mayor Pro Tempore Kuehne, Mr. Schwabauer stated the old fire station property was last appraised about four years ago for $400,000; however, it is no longer a valid appraisal. He estimated it will cost $5,000 to $7,000 to have the building appraised by a licensed appraiser.

C. Comments by Public on Non-Agenda Items

None.

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D. Adjournment

No action was taken by the City Council. The meeting was adjourned at 7:39 a.m.

ATTEST:

Jennifer M. FerraioloCity Clerk

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LODI CITY COUNCILREGULAR CITY COUNCIL MEETING

CARNEGIE FORUM, 305 WEST PINE STREETWEDNESDAY, JUNE 1, 2016

C-1 Call to Order / Roll Call - N/A

C-2 Announcement of Closed Session - N/A

C-3 Adjourn to Closed Session - N/A

C-4 Return to Open Session / Disclosure of Action - N/A

A. Call to Order / Roll Call

The Regular City Council meeting of June 1, 2016, was called to order by Mayor Pro Tempore Kuehne at 7:00 p.m.

Present: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore KuehneAbsent: Mayor ChandlerAlso Present: City Manager Schwabauer, City Attorney Magdich, and City Clerk Ferraiolo

B. Presentations

B-1 Proclamation for 2016 National Dump the Pump Day (PW)

Mayor Pro Tempore Kuehne presented a proclamation to Transportation Planner Julia Tyack and MV General Manager Jeff Kohlhepp proclaiming June 16, 2016, as "2016 National Dump the Pump Day" in Lodi. Ms. Tyack announced that GrapeLine will offer free rides on June 16. Mr. Kohlhepp announced that MV Transportation donated ten fixed-route passes, good for ten rides each, as raffle prizes. Anyone interested in participating can submit their name and phone number at the Bus Depot/Train Station, Lodi Public Library, City Hall, Lodi Finance Department, or at the Parks and Recreation office. The June 16 free-ride day takes place during the Farmers' Market, and buses will run until 8:30 p.m. For further information, those interested were encouraged to visit the website at www.lodi.gov/transit.

C. Consent Calendar (Reading; Comments by the Public; Council Action)

Council Member Mounce thanked Public Works Director Charlie Swimley for including photographs of the Public Works projects on the Consent Calendar, stating it was helpful to have a visual of what Council is approving. Mayor Pro Tempore Kuehne echoed the appreciation.

Council Member Mounce made a motion, second by Council Member Johnson, to approve the following items hereinafter set forth, except those otherwise noted, in accordance with the report and recommendation of the City Manager.

VOTE: The above motion carried by the following vote: Ayes: Council Member Johnson, Council Member Mounce, Council Member Nakanishi, and Mayor Pro Tempore Kuehne Noes: None Absent: Mayor Chandler

C-1 Receive Register of Claims in the Amount of $2,809,652.10 (FIN)

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Exhibit C

Claims were approved in the amount of $2,809,652.10.

C-2 Approve Minutes (CLK)

The minutes of May 10, 2016 (Shirtsleeve Session), May 17, 2016 (Shirtsleeve Session), and May 18, 2016 (Regular Meeting) were approved as written.

C-3 Report of Sale of Surplus Equipment (PW)

This item was removed from the Consent Calendar at the request of Council Member Johnson for discussion purposes.

Council Member Johnson expressed concern that some of the surplus vehicles were sold with very low mileage and requested a Council discussion regarding the vehicle maintenance policy. He understood that some vehicles may lose their effectiveness, but with such low mileage, perhaps another department could utilize the vehicle at a lower level of demand. He stated that some years ago he learned City staff was changing the oil in vehicles every 3,000 miles versus the recommended 7,000 miles. Council Member Johnson believed that Lodi was behind the curve on vehicle maintenance and replacement. He requested that, when this item comes before Council, staff include how other communities, as well as private enterprise, handle their vehicle replacements.

In response to Mayor Pro Tempore Kuehne, Public Works Director Charlie Swimley confirmed that the price listed in the report is the auction price and explained that the City currently has a vehicle replacement policy that has been in place for quite some time that includes guidelines on when vehicles are to be replaced, which is generally over 100,000 miles and ten years. The Fleet Superintendent tracks the costs of repair and maintenance and evaluates if it is more expensive to keep a City vehicle before recommending it for disposition and sale through an auctioneer.

Council Member Johnson requested that staff do more than a simple presentation and that Council be given the opportunity to study the policy to determine its effectiveness. He pointed out that Council previously received reports on each vehicle being replaced with the maintenance history. Council Member Johnson stated that, if a vehicle is operating properly and requires only general maintenance, it should be maintained for a longer period. It may be unsuitable for a certain purpose, but another department could receive a few more years of life from a vehicle, rather than selling it at auction for a small amount.

Mayor Pro Tempore Kuehne concurred with the suggestion to review the current policy.

Council Member Mounce agreed, adding that the policy should match the City's code of ethics and values by ensuring the Council is fiscally responsible and progressive with its policies and recommendations.

Council Member Johnson made a motion, second by Council Member Nakanishi, to approve the report of sale of surplus equipment.


C-4 Approve Specifications and Authorize Advertisement for Bids for 2016-2018 Tree Maintenance Project (PW)

Approved the specifications and authorized advertisement for bids for the 2016-2018 Tree Maintenance Project.

2

C-5 Approve Specifications and Authorize Advertisement for Bids for 2016 Cherokee Lane Accessibility Improvement Project (PW)

Approved the specifications and authorized advertisement for bids for the 2016 Cherokee Lane Accessibility Improvement Project.

C-6 Adopt Resolution Awarding Bid for Purchase of One Oil Handling Trailer, Model No. I0S2OX-2, from Intertech Filtration System, of Bixby, Oklahoma ($70,802.64) (EU)

Adopted Resolution No. 2016-81 awarding bid for purchase of one oil handling trailer, Model No. I0S2OX-2, from Intertech Filtration System, of Bixby, Oklahoma, in the amount of $70,802.64.

C-7 Adopt Resolution Awarding Contract for Alley Improvement Project - Phase 5 to A. M. Stephens Construction Company, Inc., of Lodi ($129,787) (PW)

Adopted Resolution No. 2016-82 awarding contract for Alley Improvement Project - Phase 5 to A. M. Stephens Construction Company, Inc., of Lodi, in the amount of $129,787.

C-8 Accept Improvements Under Contract for Animal Shelter Interior Improvements (PW)

Accepted the improvements under contract for Animal Shelter Interior Improvements.

C-9 Accept Improvements Under Contract for 2016 Pavement Crack Sealing (PW)

Accepted improvements under contract for 2016 Pavement Crack Sealing.

C-10 Accept Improvements Under Contract for Shady Acres Pump Station Trash Handling Project (PW)

Accepted improvements under contract for Shady Acres Pump Station Trash Handling Project.

C-11 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Hutchins Street Square Roof Repair Project Phase 2 ($1,738) (PW)

Adopted Resolution No. 2016-83 authorizing the City Manager to execute Amendment No. 1 to Professional Services Agreement with Garland/DBS, Inc., of Cleveland, Ohio, for Hutchins Street Square Roof Repair Project Phase 2 in the amount of $1,738.

C-12 Adopt Resolution Authorizing City Manager to Execute Amendment No. 4 to Professional Services Agreement with Stantec Consulting Services, Inc., of Rancho Cordova, for Groundwater Sampling, Reporting, and On-Call Out-of-Scope Services and Appropriating Funds ($20,495) (PW)

Adopted Resolution No. 2016-84 authorizing the City Manager to execute Amendment No. 4 to Professional Services Agreement with Stantec Consulting Services, Inc., of Rancho Cordova, for groundwater sampling, reporting, and on-call out-of-scope services and appropriating funds in the amount of $20,495.

C-13 Adopt Resolution Awarding Three-Year Professional Services Agreement for Electronic Content Management System, Software Support, and Implementation Services Using Laserfiche Software to Complete Paperless Solutions, of Anaheim ($30,114 / Annual Maintenance of $4,560), Authorizing the City Clerk to Execute Two One-Year Extensions, and Appropriating Funds ($30,114) (CLK)

Adopted Resolution No. 2016-85 awarding a three-year Professional Services Agreement for electronic content management system, software support, and implementation services using Laserfiche Software to Complete Paperless Solutions, of Anaheim, in the amount of $30,114 for

3

implementation and with annual maintenance cost of $4,560; authorizing the City Clerk to execute two one-year extensions; and appropriating funds in the amount of $30,114.

C-14 Adopt Resolution Approving Activity Guide Printing Agreement with Casey Printing, Inc., of King City, for Fiscal Year 2016/17 ($21,700.89) and Authorizing Staff to Execute Two One-Year Extensions (PRCS)

Adopted Resolution No. 2016-86 approving Activity Guide Printing Agreement with Casey Printing, Inc., of King City, for Fiscal Year 2016/17 in the amount of $21,700.89 and authorizing staff to execute two one-year extensions.

C-15 Adopt Resolution Authorizing City Manager to Accept Grant Administered by the Department of Alcoholic Beverage Control ($42,186) (PD)

Adopted Resolution No. 2016-87 authorizing the City Manager to accept grant administered by the Department of Alcoholic Beverage Control in the amount of $42,186.

C-16 Adopt Resolution Approving Encroachment Permit Application from Just Dawgs, LLC, to Operate Hot Dog Cart in the Post Office Plaza Located at the Southeast Corner of School Street and Oak Street (PW)

Adopted Resolution No. 2016-88 approving the encroachment permit application from Just Dawgs, LLC, to operate a hot dog cart in the Post Office Plaza located at the southeast corner of School Street and Oak Street.

C-17 Adopt Resolution Amending Traffic Resolution No. 97-148 by Approving a Multi-Way Stop Control at Pleasant Avenue and Walnut Street and No-Parking Zones on Lodi Avenue Between Lower Sacramento Road and the Westerly City Limits (PW)

Adopted Resolution No. 2016-89 amending Traffic Resolution No. 97-148 by approving a multi-way stop control at Pleasant Avenue and Walnut Street and no-parking zones on Lodi Avenue between Lower Sacramento Road and the westerly city limits.

C-18 Set Public Hearing for June 15, 2016, to Consider Adopting Resolution Approving Amendment No. 3 of the 2015/16 Community Development Block Grant Annual Action Plan (CD)

Set public hearing for June 15, 2016, to consider adopting resolution approving Amendment No. 3 of the 2015/16 Community Development Block Grant Annual Action Plan.

C-19 Set Public Hearing for June 15, 2016 to Consider 1) Introducing Ordinance Repealing and Re-Enacting Lodi Municipal Code Chapter 17.34 - Signs - in Its Entirety; 2) Introducing Ordinance Repealing Lodi Municipal Code Chapter 9.19 - Political Sign Regulations - in Its Entirety; and 3) Introducing Ordinance Repealing and Re-Enacting Lodi Municipal Code Section 10.44.040, "Parking for Certain Purposes Prohibited - Display of ’For Sale’ Signs on Vehicles, Vessels or Trailers - Restrictions," in Its Entirety (CA)

Set public hearing for June 15, 2016 to consider: 1) introducing ordinance repealing and re-enacting Lodi Municipal Code Chapter 17.34 - Signs - in its entirety; 2) introducing ordinance repealing Lodi Municipal Code Chapter 9.19 - Political Sign Regulations - in its entirety; and 3) introducing ordinance repealing and re-enacting Lodi Municipal Code Section 10.44.040, "Parking for Certain Purposes Prohibited - Display of 'For Sale' Signs on Vehicles, Vessels or Trailers - Restrictions," in its entirety.

D. Comments by the Public on Non-Agenda Items THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.3l). The

4

Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need to take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda.

None.

E. Comments by the City Council Members on Non-Agenda Items

Council Member Mounce complimented Ebenezer Congregational Church on its recent "Take Back the City" event at the K-Mart parking lot, including its food give-away, which served over 250 people. She appreciated the opportunity to be a part of the event and looks forward to continued future events.

Mayor Pro Tempore Kuehne announced that a Peace Walk, which is an interdenominational city-wide event to stand up against violence, will take place on June 5, leaving from the Veterans Plaza and ending at Blakely Park.

F. Comments by the City Manager on Non-Agenda Items

City Manager Schwabauer confirmed that three Council Members provided direction to bring back the vehicle replacement policy for review and stated he will include examples and recommendations for changes.

Council Member Johnson added that he would like to see what the private sector does as well, suggesting Clark Pest Control be used as an example.

G. Public Hearings

G-1 Continue Public Hearing to June 15, 2016, to Consider Adopting Resolution Setting Pre-Approved Engineering News Record Adjustment Index for Wastewater Rates for Residential, Commercial, and Industrial Customers (PW)

Council Member Mounce made a motion, second by Council Member Johnson, to continue the public hearing to June 15, 2016, to consider adopting resolution setting pre-approved Engineering News Record adjustment index for wastewater rates for residential, commercial, and industrial customers.


G-2 Public Hearing to Consider Adopting Resolution Adopting 2015 Urban Water Management Plan Update (PW)

Notice thereof having been published according to law, an affidavit of which publication is on file in the office of the City Clerk, Mayor Pro Tempore Kuehne called for the public hearing to consider adopting resolution adopting the 2015 Urban Water Management Plan Update.

Leslie Dumas, consultant with RMC Water Environment, provided a PowerPoint presentation regarding the 2015 Urban Water Management Plan Update. Specific topics of discussion included what the Plan is; primary components; population, demand, and supply analysis; gallons per capita per day calculations and SB X7-7 compliance; per capita water use trends; demand management measures; 2015 schedule; and summary.

Council Member Johnson suggested greater clarification on the slide demonstrating the demand

5

versus supply because the public may not notice the footnote that indicates Lodi had more water available in 2015 but the supply was affected by the state-mandated conservation requirements. Ms. Dumas stated that the published documents went into greater detail and this slide was a condensed version of six to eight tables.

In response to Council Member Nakanishi, Ms. Dumas explained there are two ways to report the per capita water use - residential water only or all water use - and the method depends on which agency is receiving the information. The reason she mentions both methods is because there has been some confusion, and this was a proactive attempt to clarify the matter from the outset. For purposes of this report, the calculation is based on all water use. In further response, Ms. Dumas estimated the first required water plan was in 1995 and that SB X7-7 was passed in 2009 and rolled into the 2010 urban water plans. In response to Council Member Nakanishi, City Manager Schwabauer stated the City is in compliance with the regulations and the report confirms it. Ms. Dumas stated that the cost to prepare the plan is roughly $70,000 every five years, but the cost does increase incrementally due to added state mandates.

In response to Council Member Nakanishi, Ms. Dumas stated that, because the calculation is based on gallons per capita per day, those communities with high industrial users, such as power plants that utilize water for cooling purposes, may have more difficulties, as would communities with large-sized lots, for which conservation programs such as drip irrigation and drought resistant plants would be useful and use of recycled water for irrigating parks and medians.

Mayor Pro Tempore Kuehne opened the public hearing for public comment.

There being no public comments, Mayor Pro Tempore Kuehne closed the public hearing.

Council Member Johnson made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2016-90 adopting 2015 Urban Water Management Plan Update.


H. Communications - None

I. Regular Calendar

I-1 Adopt Resolution Approving the City of Lodi Financial Plan and Budget for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017 and Approving the Fiscal Year 2016/17 Appropriation Spending Limit (CM)

Deputy City Manager Jordan Ayers provided a PowerPoint presentation regarding the Fiscal Year 2016/17 budget. Specific topics of discussion included overview, all funds, total revenue, total appropriation, increase in reserves, General Fund, labor, position changes, California Public Employee Retirement System (Cal-PERS) projections, major capital projects, and action requested.

In response to Council Member Johnson, Mr. Ayers stated that the lowest number of funded positions during the recession was 381 employees with the highest number at roughly 460.

Council Member Mounce stated that a portion of the public believes that the addition of new homes and businesses increases sales and property tax and does not understand why the City is considering a sales tax ballot measure. She requested a Shirtsleeve Session to discuss the Cal-PERS obligation, as well as the new growth coming on-line of homes and businesses, the associated projection of sales and property tax, and how much of that will be set aside for Cal-PERS. City Manager Schwabauer provided the example of Rosegate Subdivision that will bring in

6

230 homes, which will generate $400 per home in property tax for Lodi's share. Over the next five years, that will equate to $200,000, but not until all of the homes are built. Staff will prepare a Shirtsleeve presentation with information on the potential property tax for new homes and sales tax projections for Walmart and other new business. He estimated the figure would be less than $2 million, adding that the Environmental Impact Report projected no sales tax growth from the new Walmart.

Council Member Mounce expressed her appreciation to the City Manager and City Clerk for their time and patience in providing information on the budget and for providing her with the audio recordings of the meetings.

Council Member Nakanishi thanked staff for the budget presentation, stating it is much more efficient than the budget process 15 years ago. He stated that revenues from this budget year are anticipated to be $203 million and questioned what it was during the recession. Mr. Ayers responded that budget year 2009/10 revenue was $171 million, which was after the impact of employee concessions and the 2008 recession.

Council Member Mounce made a motion, second by Council Member Nakanishi, to adopt Resolution No. 2016-91 approving the City of Lodi Financial Plan and Budget for the Fiscal Year beginning July 1, 2016 and ending June 30, 2017 and approving the Fiscal Year 2016/17 Appropriation Spending Limit.


J. Ordinances

J-1 Ordinance No. 1920 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 17.40 - Permit Approval or Disapproval - by Repealing and Re-Enacting Section 17.40.020 (B) Applicability Table 4-2 for Site Plan and Architectural Approval " (CLK)

Council Member Mounce made a motion, second by Mayor Pro Tempore Kuehne, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1920 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 17.40 - Permit Approval or Disapproval - by Repealing and Re-Enacting Section 17.40.020 (B) Applicability Table 4-2 for Site Plan and Architectural Approval."


J-2 Ordinance No. 1921 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 1.08 - General Penalty - by Repealing and Re-Enacting Section 1.08.010 (A), ’General Penalty’" (CLK)

Council Member Johnson made a motion, second by Council Member Mounce, (following reading of the title) to waive reading of the ordinance in full and adopt and order to print Ordinance No. 1921 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 1.08 - General Penalty - by Repealing and Re-Enacting Section 1.08.010 (A), 'General Penalty.'"

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K. Adjournment

There being no further business to come before the City Council, the meeting was adjourned at 7:58 p.m.

ATTEST:

Jennifer M. FerraioloCity Clerk

8

AGENDA ITEM C-03

APPROVED: __________________________________ Stephen Schwabauer, City Manager

CITY OF LODI

COUNCIL COMMUNICATIONTM

AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute a Contract for the Purchase of Five Dispatch Consoles with Motorola, Inc.; Approve and Execute a Seven-Year Maintenance Service Agreement in the Amount of $184,967.83; Approve Debt Financing with Holman Capital Corporation in the Amount of $562,387; Authorizing City Manager and Deputy City Manager to Execute all Necessary Financing Documents; and Appropriating Funds ($562,387)


PREPARED BY: Chief of Police

RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute the purchase of five dispatch consoles; approve and execute a seven-year Maintenance Service Agreement in the Amount of $184,967.83; approve debt financing with Holman Capital Corporation in the amount of $562,387; authorizing City Manager and Deputy City Manager to execute all necessary financing documents; and appropriating funds ($562,387).

BACKGROUND INFORMATION: The Lodi Police Department dispatch radio consoles were purchased and installed in the Police Building in 2004. There are five Motorola Centracom Gold Elite radio dispatch consoles. At any given time there

are three or four consoles being monitored and used. The radio consoles have been constantly powered on and in use for the last 12 years. Motorola discontinued the Gold Elite consoles in September of 2011 and will end all factory support for the Gold Elite consoles in 2018.

The Motorola console software requires Windows XP and Windows Server 2000 operating systems. Microsoft ended factory support for Window XP in 2014 and ended support for Windows Server 2000 in 2014. Finding compatible computer parts and operating systems for these critical systems has presented a challenge. Replacement parts are no longer available from the manufacturer. Information Systems staff have been somewhat successful locating some items through Craigslist and eBay. Most recently the server failed and was replaced by an old server that was slated for e-waste destruction.

If the recommended purchase is approved, the Police Department will replace the existing consoles with new Motorola MCC7500 consoles. This purchase will provide Lodi Dispatch with state-of-the-art equipment over the next seven years and will allow dispatchers the ability to utilize other local law enforcement agencies’ equipment in case of an emergency. Motorola, Inc. will perform the installation of the equipment and will work directly with Lodi Police Department on implementation. Motorola, Inc. has included a one-year warranty with a post warranty year optional. Additionally, the department has elected to purchase a seven-year maintenance service agreement through Motorola, Inc., which will provide on-site maintenance, services and supplies for the equipment. Motorola. Inc. will waive the first-year fees of the maintenance service agreement. The costs associated with the seven-year maintenance agreement will be included in the General Fund operating budget each year.

To pursue a lower cost of financing and to ensure compliance with the City’s Debt Management Policy, an RFP for debt financing was issued on April 14, 2016 with a response deadline of April 27, 2016. Six responses were received. Subsequent to receipt of responses, the City learned that the subject financing would not be “bank qualified” under the IRS Code. “Bank qualified” financing provides preferential tax-

jferraiolo

Highlight

Adopt resolution authorizing City Manager to execute the purchase of five dispatch consoles; approve and execute a seven-year Maintenance Service Agreement in the Amount of $184,967.83; approve debt financing with Holman Capital Corporation in the amount of $562,387; authorizing City Manager and Deputy City Manager to execute all necessary financing documents; and appropriating funds ($562,387). June 15, 2016 Page 2 treatment of interest to the lender. All responses were made under the assumption that the financing would be ‘bank qualified’. The City requested revised responses from the six proposers under a ‘non-bank qualified’ scenario. A review of the subsequent responses in accordance with the City’s Debt Management Policy resulted in the selection and recommendation of a seven-year debt financing with Holman Capital Corporation at an interest rate of 2.08 percent. The proposed term minimizes total interest costs while providing a reasonable period of time to repay the debt without adversely affecting City cash reserves. Total estimated annual payments of approximately $86,540 will be paid from AB 1913 Supplemental Law Enforcement Services Fund (SLESF). AB1913 was passed in FY 00/01, which provides a yearly allocation of funds to local law enforcement agencies based on population. The current yearly allotment is slightly over $100,000. All funding must be used to supplement existing services. Documents in substantially final form are attached.

FISCAL IMPACT: The purchase price for five consoles is $562,387. Cost for the maintenance service agreement is based on years two through seven. General Fund and AB1913 funding is appropriated in the FY 16/17 budget and all future fiscal year appropriations will be included during the budget process. Total interest over the life of the financing is $43,393.28. Without financing, the City would need to spend General Fund reserves in an amount that would drop fund balance below Council-approved target levels.

FUNDING AVAILABLE: AB1913 (21399000.77020) $610,780 over the next seven fiscal years broken down in payments of $86,540 per year and appropriating funds for the purchase of the consoles in the amount of $562,387 in Fiscal Year 16/17.

General Fund (10031004.72450) $184,967.83 will need to be included in the budgets over the next seven fiscal years. Maintenance Agreement increases 5% annually as follows:

FY 16/17 Waived

FY 17/18 $27,308.90

FY 18/19 $28,625.40

FY 19/20 $30,007.73

FY 20/21 $31,459.18

FY 21/22 $32,983.20

FY 22/23 $34,583.42

____________________________________ Jordan Ayers Deputy City Manager

_____________________________________

Tod Patterson Chief of Police Prepared by Paula O'Keefe, Management Analyst

LODIPOLICE DEPARTMENT NOVEMBER 20,2015

FIVE POSITIONtt/tcc7500 coNsoLEUPGRADE

(D frJO',TOnOLA

The design, technical, pricing, and other information ("('Motorola") and is submitted w¡th the restrict¡on that it

lnformation') furnished with this submission is proprietary ¡nformation of Motorola Solutions, lnc.is to be used for evaluation purposes only. ïo the fullest extent allowed by appl¡cable law, the

lnformation is not to be disclosed publicly or in any manner to anyone other than those required to evaluate lhe lnformation without the express writtenpermission of Motorola. Error! Unknown document property name.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings,LLC and are used under license. All other trademarks are the property of their respective owners. @ 201 5 Motorola Solutions, lnc. All rights reserved.

TABLE OF CONTENTS

Cover Letter

Section 1

Statement of Work1.1 MotorolaResponsibilities.......1.2 Lodi Police Department Responsibilities

Section 2System Description

2.1 MCC 7500 Console with K1 Core..........2.1.1 MCC7500 Dispatch Consoles2.1.2 Conventional K2 Redundant Core Configuration ........2.1.3 Connection to an ASTRO 25 Radio System2.1.4 Spare Equipment (Optional)..

2.2 Solution Overview2.2.1 lnteroperability Features................

2.2.1.1 CSSI 8000 lnteroperable Standard2.2.1.2 Mutual 4id.............2.2.1.3 lntegration with the ASTRO 25 Network2.2.1.4 Advantages of MCC 7500 vs. Other Consoles....2.2.1.5 Conventional Base Station lnterfaces

2.2.2 ConsoleOperations.2.2.2.1 Dispatch lnterface....2.2.2.2 Standard Radio Transmission and Reception2.2.2.3 DispatchAudioExperience.2.2.2.4 Emergency Radio Transmission and Reception .........2.2.2.5 Radio Patch Control2.2.2.6 Call Management and Control

2.2.3 Console Logging2.2.4 Console Configuration and Management

2.3 Component Descriptions

2.3.1 GCP 8000 Conventional Site Controller2.3.2 GGM 8000 Core Gateway2.3.3 GGM 8000-based Conventional Channel Gateway........2.3.4 Configuration Manager.2.3.5 MCC 7500 Dispatch Console

2.3.5.1 Operator Position Components

Section 3Acceptance Test Plan

3.1.1 lnstant Recall Recorder (lRR) Operation3.1.2 Channel Marker - Conventional..............3.1.3 Frequency Selectable Conventional Resource3.1.4 Console Priority3.1.5 Call Alert Page - Conventional.................3.1.6 Patch Operation - Conventional...............

Lodi Pol¡ce DepartmentFlve Position MCC7500 Console Upgrade

1-1

1-1

1-1

..........2-1

,.'.,.'','2.1..........2-1..........2-1..........2-3..........2-3

..........2-3

..........2-4

..........2-4

..........2-9

........2-10

........2-11

........2-11

........2-12

........2-12

........2-13

........2-14

........2-16

..2-22

..2-22.......2-23

...3-1

...3-1

...3-2

...3-3..........3-4..........3-5..........3-6

November 20, 2015Use or disclosure of th¡s proposal is subject

to the restrictions on the cover page.

Table of Contents i@ Uoørota Sotut¡ons Conf¡dentiat Restricted

Multi-Select Operation..Alert Tones - Conventional ChannelAcoustic Crossmute - Conventional

Activity Log - ConventionallD StackingStatus Request.....Message UpdateRadio Check........Radio Disable/Enab|e...........Remote Monitor......Enhanced CCGW Analog Audio Logging

Section 4Warranty and Maintenance P|an...........

4.1 The Motorola Service Delivery Team

4.1.1 Account Services Manager4.1.2 Motorola System Technologists ...............4.1.3 Motorola System Support Center.......4.1.4 Motorola Local Service Provider

4.2 WarrantyServices....4.2.1 Dispatch Service4.2.2 On-Site lnfrastructure Response................4.2.3 Network Preventative Maintenance............4.2.4 lnfrastructure Repair...4.2.5 lnfrastructure Repair with Advanced Replacement.4.2.6 Technical Support Service

4.3 Post Warranty Services

4.4 Summary..

Section 5Equipment List............

Section 6Pricing.......

6.1 Payment Terms

Section 7Contractual Documentation .........

Section 8Our Commitment

Section 9Product Literature

Lodi Police DepartmentFive Position MCC7500 Console Upgrade

3.1.83.1.9

3.1.7

3.1.103.1.113.1.123.1.133.1.143.1.153.1.163.1.17

..3-7

..3-8

..3-93-103-113-123-133-143-1 53-163-17

.4-1

.4-1

.4-1

.4-1

.4-1

.4-2

.4-2

.4-2

.4-2

.4-2

.4-3

.4-3

.4-3

.4-3

.4-4

.5-1

6-1

6-1

7-1

8-1

November 20, 201 5Use or disclosure of this proposal is subject

to the restrict¡ons on the cover page.

Table of Contents ii

9-2

@ uotorota So/uflons Confrdential Restricted

NOTONOLA SOLUTIONS

Motorola Solut¡ans, lnc.1303 É. Algonquin Rd.Schaumburg, lL 60190USA

Tet. + 1 847 576 500ûFax+ 1 847 538 6020

20 November 2015

Mark \ühitelnternal Services DepartmentLodi Police Department215 West Elm St.

todi, CA 95240

Subject: K2 Core with 5 Pssition MCC7500 Console Upgrade

Dear Mark ïVhite,

Motorola Solutionso Inc. ('Motorola') is pleased to have the opportunity to provide Lodi Police Department with qualitycommunications equipment and services. The Motorola project team has taken great care to propose a solution that willmeet your needs and provide unsurpassed value.

To best meet fhe functional and operational specifications of thís solicitation, Motorola's solution includes a combinationof hardware, soft\ryare, and services. Specifically, this solution is for the Lodi PD Dispatch Center and provides:

t K2 Redundant Coree 5 MCC 7500 Ðispatch Consoles

This proposal consists of this cover letter and the Communications Systern Agreement (CSA), together with its Exhibits.This proposal shall remain valid for a period of 90 days f¡om the date of this cover letter. Lodi PD may accept the proposal

by deiivering to Motorola the CSA sigued by Lodi PD.

Questions or inquiries may be addressed to me ât Tammie Massirer, 916-626-0493. We look fonvard to subsequent

discussions and to helping the Lodi PD achieve its cornmunications goals and objectives.

$incerely,

Motorola

MarkVice President

sEcTloN 1

1.1

1.2


STATEMENT OF WORKMotorola is proposing to Lodi PD the installation and configuration of the following equipment at the

specified locations.

The document delineates the general responsibilities between Motorola and Lodi PD as agreed to by

contract.

MOTOROLA RESPONSIBILIT¡ESMotorola' s general responsibilities include the following:

¡ Perform the installation of the Motorola supplied equipment described above.

¡ Schedule the implementation in agreement with Lodi PD.

¡ Coordinate the activities of all Motorola subcontractors under this contract.

¡ Administer safe work procedures for installation.o Provide Lodi PD with the appropriate system interconnect specifications.

LODI POLICE DEPARTMENT RESPONSIBILITIESLodi PD will assume responsibility for the installation and performance of all other equipment and

work necessary for completion of this project that is not provided by Motorola. Lodi PD's general

responsibilities include the following:

o Provide all buildings, equipment shelters, and towers required for system installation.

o Insure communications sites meet space, grounding, power, and connectivity requirements for the

installation of all equipment.o Obtain all licensing, site access, or permitting required for project implementation.

o Obtain frequencies for project as required.r Provide required system interconnections.¡ Customer will provide a dedicated delivery point, such as a warehouse, for receipt, inventory and

storage of equipment prior to delivery to the site(s).o Coordinate the activities of all Lodi PD's vendors or other contractors.

Motorola has made several assumptions in preparing this proposal, which are noted below. In order toprovide a firm quote, Motorola will need to veri$r all assumptions or seek altemate solutions in the

case of invalid assumptions.

o All existing sites or equipment locations will have sufficient space available for the system

described as required/specified by R56.. All existing sites or equipment locations will have adequate electrical power in the proper phase

and voltage and site grounding to support the requirements of the system described.

o Any site/location upgrades or modifications are the responsibility of the customer.

o Any tower stress analysis or toïver upgrade requirements are the responsibility of the customer.

November20,2015Use or disclosure of this proposal is subject


Statement of Work 1-1

- K2 Conventional Controller Network Core. Five MCC7500 Dispatch Consoles

Lodi PD Dispatch

Major EquipmentSite Name

@ tøotorotaSolufíons Conf¡dentiat Restr¡cted

. Approved FCC licensing provided by the customer.

. Approved local, State or Federal permits as may be required for the installation and operation ofthe proposed equipment are the responsibility of the customer'

. Any required system interconnections not specifically outlined here will be provided by the

Customer. These may include dedicated phone circuits, microwave links or other types ofconnectivity.

o No coverage guarantee is included in this proposal.

o Motorola is not responsible for interference caused or received by the Motorola provided

equipment except for interference that is directly caused by the Motorola provided transmitter(s)

to the Motorola provided receiver(s). Should the Customer's system experience interference,

Motorola can be contracted to investigate the source and recommend solutions to mitigate

the issue.

Lodi Police DepârtmentFive Position MCC7500 Console Upgrade

@ Uotorota So/ufions Confidentiat Restricted

November 20, 2015Use or disclosure of this proposal is subject

to the restr¡ctions on the cover page.

Statement of Work 1:2

SECTION 2

2.1

2.1.1


SYSTEM DESCRI PTION

MCC 75()O CONSOLE WITH K1 COREIn response to Lodi PD's request for a quote for a standalone ASTRO 25 MCC 7500-based DispatchSite, Motorola has prepared this proposal. This proposalincludes the necessary hardware, software, and services toimplement a single MCC 7500 K2 core dispatch site. Motorolahas included its design assumptions to aid in planning your sitereadiness.

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ffiMCC7500 Dispatch ConsolesThe MCC 7500 is Motorola's mission-critical, IP-based dispatchsolution. It provides a highly scalable solution that can supportdispatch centers ranging in size from a single dispatch consoleup to 50 dispatch consoles. The MCC 7500 platform leveragesEthernet/IP technology to provide increased backhaul efÍiciencyto the ASTRO 25 core compared to earlier technologies (e.g.

Gold EliterM), as well as increased deployment flexibility and

interface support.

The MCC 7500 Operator Position is based on the same user-füendly Graphical User Interface (GUI) as our previous GoldElite platform. For users that are migrating, this reduces thenecessary dispatcher training as most of the features andfunctions operate the same between the two platforms.

The proposed solution includes five (5) MCC 7500 DispatchConsoles each comprised of the following components:

I tlETm

o MCC 7500 Operator PC.o MCC 7500 Voice Processor Module (VPM).o Pair ofSpeakers.o Two headsetjacks.¡ One headset base module with i5' cable.r Desktop microphone.o Dual-footswitch.o Instant Recall Recorder.

Computer monitors will be provided by Lodi PD

Console Alias Manager software has also been included. This software will be installed on one of the

MCC 7500 workstations

2.1.2 Conventional K2 Redundant Core ConfigurationThe MCC 7500 K core supports a wide range of devices and interfaces including, but not limited to:


to the restriciions on the cover page.

Sysfem Description 2-1

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f

@ uotorotaSoluflons Confidentiat Restricted

. Analog Conventional Channels.o Digital Conventional Channels.o Auxiliary Functions (Relay/Alarms, etc.).o Audio Logging.o IntegratedPagingSupport.

The ASTRO 25 K core is a scalable and virtualized core that provides an adaptable and affordable

platform for mission critical wireless communications. The K core is targeted at small capacity

conventional customers who require an ASTRO 25 conventional only system. The K core allowscustomers to interface channels to an lP-based MCC 7500 Console, provides a migration path forcustomers with fielded Motorola Conventional solutions, and allows the flexibility for customers tojoin a larger system in the future while maximizing their equipment investment. The K core is

available in a non-redundant configuration (K1) or redundant configuration (K2).

The proposed system includes a K2 core with the following components:

¡ Redundant GCP 8000 Conventional Site Controllers (CSC).

r Redundant GGM 8000 Core Gateways.¡ Two Ethernet LAN Switches.o Two Ethernet Backhaul Switchesr Three Conventional Channel Gateways (CCGWs)o Configuration Manager Software (to be installed on one of the MCC 7500 workstations).

Figure 2-l shows the proposed K2 system configuration with 5 MCC 7500 operator positions. Two ofthe CCGWs are located at the Lodi RF Site. The Consoles and CCGV/s prefer GCP 8000 "4" over

GCP 8000 "B" and will continuously attempt to obtain communications with GCP 8000 "4".However if a Console or CCGW can NOT obtain communications with GCP 8000 o'4", the console

and CCGW will attempt to obtain communications with GCP 8000 "8".

LodiDispatch Site

v.24 & 4-W¡re Ports

MCC 7500 Op 3 MCC7500 Op 4MCC 7500 Op 1 MCC 7500 op 2conventionâl

PC VPM PC VPMPC VPM PC VPMconventional

Éthernet LAN Sw¡tch B

PC vpMCore Gateway B

MCC 75(x¡ Op 5

ConventlonalGateway

Core GatewayA

Ethernet Backheul Sw¡tch BEthernet Beckhâul Swltch A

conventionelGetewey B

ConventionalGateweyA

Ethernet/lP Gthernet/lP

v.24 v.24

todi PD Lod¡ FD

ch.l ch.l Lodi RF Site

Lodi PD todi FD

ch.z ch.2

Figure 2-l: Proposed K2 Configuration with 5 MCC7500 Consoles

Lod¡ Police DepartmentFive Posit¡on MCC7500 Console Upgrade



Sysfern Descrþt¡on 2-2o Motorola Solutions Confident¡al Restricted

2.1.3

2.1.4

2.2

Lodi Police DepartmentFive Posiiion MCC7500 Gonsole Upgrade

Connection to an ASTRO 25 Radio System

The proposed MCC7500 console subsystem is configured as a standalone conventional system;

however, it is also capable of being tied into the San Joaquin County P25 Trunking System as a

console site. Once an Ethemet connection is established between the SJ County Master Site and the

Lodi PD Dispatch Console Site Gateway, the process for adding the Lodi Console to the trunkingsystem is as simple as:

1. Reconfigure the Core Gateway as a Console Site Gateway.

2. Reconfigure one of the Redundant Conventional Site Controllers as a Backup Site Controller that

will provide fallback protection should connectivity be lost to the Master Site. The second

Conventional Site Controller will be provisioned as a spare.

The licensing required to corurect the Lodi consoles to the San Joaquin P25 Trunking System is

included in this design.

Spare Equipment (Optional)

Although spare equipment is not required, having spare equipment on-hand can significantly reduce

delays to restoring the system to full operational capability in the event of an equipment failure.

Motorola has included an option for the following recommended spares:

¡ MCC7500 Console PC.¡ MCC7500 VPM FRU.o Ethemet Switch.¡ GGM 8000 Base Module FRU.r GGM 8000 CCGïV Module FRU.

SOLUTION OVERVIEWMotorola's proposed dispatch solution for Lodi PD is our MCC 7500 Dispatch Console, offering IP-based seamless connectivity between Lodi PD's dispatch operators and field persormel.

The MCC 7500 Dispatch Console will provide Lodi PD with scalable, flexible system architecture,

sophisticated network management and security, and an easy migration to future capabilities.

Gost Savings and Ease of Use

The MCC 7000 series consoles are designed to help reduce the total cost of owning an IP-based,

feature-rich dispatch system without compromising quality and reliability. Specific benefits of the

MCC 7000 series consoles include the following:

¡ The intuitive, easy to use Graphical User Interface (GUI) enhances dispatchers' efficiency and

accuracy.¡ Robust API allows CAD systems to have complete access to console status and features for

fuither improvements in efficiency and accuracy.¡ Software-based upgrades facilitate system and feature expansion.¡ Installation is simplified and site costs are reduced because console positions function without

backroom electronics.r Console configuration is performed at centralized Network Management clients, and changes are

automatically distributed, which saves valuable technicia¡r and administrator time.o Offers robust service logs that contain real-time information to facilitate maintenance activities.


to the restriciions on the cover page.

System Description 2-3@ MotorotaSo/uflons Confidentiat Restricted

2,2.1

2.2.1.1


o Consoles within the ASTRO 25 dispatch site are integrated into the ASTRO 25 fault managementsystem, which uses industry-standard event monitoring protocols, resulting in fewer dispatch site

visits.o Flexible bandwidth requirements minimize operating costs for remote console sites.

o Conventional audio can be transported over the IP network, which eliminates the need forchannel banks or a separate circuit-switched network

MCC 7500 Gonsole Gonfiguration for Lodi PD

The proposed solution offers a single console solution that will seamlessly interface with Lodi PD'scurrent radio system and the County's P25 trunking system, providing functionality not available withany other console. The five positions proposed will be located at the West Elm Street location.

lnteroperability Features

ASTRO 25 is specifically designed around APCO P25 standards. All voice messages are digitized, allLand Mobile Radio (LMR) system features are compliant with P25 standards, and the system uses the

P25-defined, 9600-bps control channel format for all control channel commands. As part of ongoingenhancements to this solution, Motorola has joined and actively participated in the P25

interoperability committee to ensure continuously improving interoperability with the radios of otherP25 vendors. ASTRO 25 is also fully Common Air Interface (CAI) compliant.

CSSI 8000 lnteroperable Standard

Motorola provides customers the choice to select the console sub-system they need when they choose

a console that uses the CSSI 8000 interoperability solution standard for console interface. This allowsthe non-Motorola brand console the ability to connect to an ASTRO 25 radio system.

In addition to the CSSI 8000 standard, the MCC 7500 IP Dispatch Console has many extra features

and functions in console performance.

o Unified Aliasing-Unified Aliasing ensures that the MCC 7500 console and the rest of the RFsystem sees the same aliases and simplifies alias management by providing a single point tomanage them.

o Svstem Access Prioritv Select (TacticalÆ.tormal)-On a busy trunking system, this feature enables

MCC 7500 dispatchers to ensure that the most important communications get a higher priority onthe system than less important communications. The dynamic, real-time nature of this featuregives dispatchers the ability to immediately react to changing situations on any talkgroup withouthaving to contact system administrators and wait for configuration changes to be made.

o Talkerouo Repeat On/OfÈThis feature enables MCC 7500 dispatchers to effectively render atalkgroup unusable for radio-to-radio communications. This can be important for talkgroups thatare reserved for special situations and must be kept clear of users when they are not supposed tobe used. This feature can also be used for situations where dispatchers don't want other radiousers (or scarurers) to hear a particular radio's transmission on a talkgroup (for example, whenperforming a Remote Monitor of a radio).

o Emereency Call Setup (with infinite hane time)-This feature enables a MCC 7500 dispatcher toguarantee a path for voice communications for the duration of an emergency situation.

¡ Group Regroupine Durine Patch-This feature enables the trunking system to use its RF talkpathsin the most efficient manner possible during patches between talkgroups. The patch generated

from the MCC 7500 console will occur on a single talkpath. This helps improve the trunkingsystem's qualrty of service by reducing the number of busies and reducing wait times.

¡ Groun Reeroupins Durine Multiselect-This feature enables the trunking system to use its RFtalkpaths in the most efficient manner possible during multi-select transmissions on multþle

November 20, 2015Use or d¡sclosure of this proposal is subject

to the reslrictions on the cover page.

@ Uotorota So/ufibns Confidentiat Restr¡cted System Description 2-4


@ motorotaSolufibns Confidential Restricted

talkgroups from an MCC 7500 console. This helps improve the trunking system's quality ofservice by reducing the number of busies and reducing wait times.

o End-to-End Encryption-This feature protects voice communications from unauthorized listeners

while providing an efficient and effective way to manage encryption keys in real time. Network-based common key management provides reduced costs for managing secure keys by eliminatingthe need to physically touch the MCC 7500 dispatch positions and radios and enhances the

effectiveness of secure calls by enabling customers to quickly change keys throughout their radiosystem including the MCC 7500 console when a key has been compromised.

o Asency Partitionins-This feature enables multiple agencies to share a radio system whileprotecting their resources against unauthorized access and changes. It protects an agency's

communications from intemrption due to inadvertent or intentional changes in configurationinformation. It also protects an agency's radio resources from unauthorized use by other agencies

sharing the radio system.¡ Unifìed Information Assurance-This feature enhances the performance of the radio system

(including the MCC 7500 dispatch consoles) by protecting against malicious attempts to infiltrateor attack the system.

o Seamlesslv Intesrated Conventional Channels-This feature provides the following benefits:

A dispatcher can have full wireline control of both trunked and conventional resources fromhis/her MCC 7500 dispatch console.

The logging recorder can record both trunked and conventional calls (voice and associated

call information) on the same logging recorder.

Service personnel can use the various ASTRO 25 system fault and performance management

tools for troubleshooting or optimization activities on trunked and/or conventional resources.

o Full Particioation in Dynamic System Resilience-This feature provides a high degree ofavailability for the MCC 7500 console's dispatch services. The dispatch consoles and loggingrecorder interfaces will automatically switch to the backup ASTRO 25 core in the event that the

primary ASTRO 25 core becomes unusable or unreachable.

Motorola realizes that some customers may want P25 CSSI standard compliant console solutions, or

that they already own the consoles, or their dispatchers are accustomed to using a specificmanufacturer's console solution. To satisfu these customers, Motorola supports connecting other

vendors' P25 CSSI capable consoles to our ASTRO 25 radio systems using the CSSI interface.

Motorola is working with other console vendors to test their P25 CSSI capable consoles on ourASTRO 25 radio system to address specific customer requirements.

Motorola fully supports the P25 standards process. Our CSSI solution is called CSSI 8000 and is

available now providing the following CSSI features.

It should be noted that CSSI 8000 is an interoperability solution. Actual feature set available tocustomers will be the common features supported between CSSI 8000 and the third-party console.

November 20, 2015Use or disclosure of this proposãl is subject


System Descript¡on 2-5

P25 CSSI Trunkinc Features Offered bv Motorola

P2s tsst Feature Nameoffered by

Motorola CSSI 8{XXl?

TIA-102 Standards

Document

Broadcast Call Yes TIA-1O2.BACA-A

Announcement Group Call Yes TIA.1O2.BACA-A

Confirmed Group Voice Service Yes TIA.1O2.BACA-A

Unconfirmed Group Voice Service YesNot" 1

TIA-1O2.BACA-A

Emergencv Group Call Yes TIA-1O2.BACA-A

lndividual Voice Call YesNo'" 2

TIA-1O2.BACA-A

Encrvoted Voice IAESI Yes TIA-1O2.BACA-A

P25 Full-rate vocoder (FDMA) Yes TIA-1O2.BACA-A

P25 Half-rate vocoder (TDMA) Yes Future

5U and Group Mobílitv ManaeementSU Res¡stration Yes TIA-1O2.BACA-A

Transport of Authenticatíon Credential Yes TIA-1O2.BACA-A

Secure SU registration (SU authentication) Yes TIA-1O2.BACA-A

SU Deresistratíon Yes TIA-1O2.BACA-A

Group Affiliation Yes TIA.1O2.BACA-A

Call Restriction Yes TIA-1O2.BACA-A

Roamlng

lnter-WACN (manualì Yes TIA-1O2.BACA-A

lnter-WACN {automaticl Yes TIA-1O2.BACA-A

lnter-Svstem {manuall Yes TIA.1O2.BACA-A

lnter-System (automatic) Yes TIA-1O2.BACA-A

lntra-Svstem (automatic) Yes ïtA-102.BACA-A

RFSS Service Caþab¡l¡tv Pollins Yes TtA-102.BACA-A-2

Vof ee & Mobilítv CSSI Onlv F€atures

Abilitv for Console Displav of Transmission Source Tvpe Yes TIA-1O2.BACA-A

Abilitv for Console Takeover bv Another Console Yes TIA-1O2.BACA.A

Ability for Console to have knowledge of when it isreceiving duplicate audio Yes TIA-1O2,BACA-A

Ability for Console to mute its speakers to prevent audio

feedback Yes TIA-1O2.BACA-A

Console Pr¡or¡tv {Dispatcher Audio Takeover) Yes TIA-1O2.BACA-A

Parallel Console Audio Yes TIA.1O2,BACA-A

Transport of Talking Partv ldentitv Yes ïtA-102.BACA-A

Prioritv Call Yes TIA-1O2.BACA-A

Call Alert YesNote 2

TIA-1O2,BACD.B

Emergencv Alarm Yes TIA.1O2.BACD-B

Emergencv Alarm Cancellation Yes TIA-1O2.BACD-B

Group Emergency Cancel lation Yes TIA-1O2.BACD-B

NOTES

Note 1: Motorola's CSSI 8000supports unconfirmed group call only as a serving system

Note 2: Motorola's CSSI 8000 can support lndividual Voice Call and Call Alert to a single CSSI with the same WACN lD

and Svstem ld as the ASTRO 25 system


@ uotorotaSo/uflons Conftdentiat Restricted



Sysfem Descrþtion 2-6

CSSI 8OOO INTEROPERABILITYSOLUTION

(D

csst

Interoperability Solution built to P25 CSSl Standards

Enables customers wíth existing P25 CSSI-compliantconsoles to upgrade to ASTRO 25 RF system withoutreplacing their dispatch consoles

Supported on M3 and M2 cores beginning in 7.13Planning to support on M1 cores beginning in 7 .14

Motorola Solut¡ons lnternal Use Only

CSSI FEATURES

The following funct¡onality is available on the CSSI 800A

I nteroperobi lity Sol ution. Console PrSority

. D¡spatcher Takeover of Another Dispatcher

. Group Call

. Emergency Call

. lndividual Call *

. Call Alert *

. Emergency Alarm

. PTT lD

. Clear and Encrypted Audio

. Encryption (AEs only)

. FDMA (Phase ll and TDMA {Phase ll} Talkgroups

r Support forlndívldual Call,/ C¡ll Alert only to a s¡ngle CSSI ¡ntetfâcewith sameSYS lo and WAGN lD as

ASIRO25 system. Add¡t¡onâl CSSI lntefôser don'tsupportthis teature.

Motorola Solutions lnternâl Use Only

(D




Party

.-.^.., ManutacturerA,i_;'

conlolejIl

P¿rtyGW

@ Motorola So/utions Confidentiat Restricted Sysfem Descrlption 2-7

CSSI LIMITATIONS oThe Project 25 CSSI standard doesn't include the following

. Consote access to infrastructure control capabílities in the trunking system

. Repeaton/Off

. TacticaUNormal Access Príority

. Regrouping in patch and multi-select groups

. Conventional channels

. Secure key management for encrypted talkgroups

. Aliases for PTT lDs

. lnformationAssurance

. Agency Partitioning

. AMBE Vocoder Enhancements made for Motorola by DVSI (for Alert Tones and

Channel Markersl

. Support for SmartX RF sites (No talkgroup calls, no private calls, no call alerts)

Motorola Solut¡ons lnternal Use Only

Variations in Functionality. Different console vendors may support different subsets of the features defined in the

P25 CSSI standard

. Some console vendors may not support TDMA (Phase ll) Talkgroups

. Some console vendors may not support Línk Ava¡lab¡l¡ty Poll¡ng

. The CSSI 8oo0 solutíon supports 3rd party console access to alf of the talkgroups in the

ASÍRO 25 system w¡th no additional fees

. Some console vendors may have l¡m¡tãtions on the number of talkgroups they can

support

. Some console vendors may charge a fee per talkgroup

. Motorola features above and beyond the standard (such as DSR) may not be supported

by console vendors

Motorola Solut¡ons lnternal Use only

THINGS TO KEEP IN MIND @

Lodi Police Departmeni

. Five Position MCC7500 Console Upgrade

@ Uotorota So/ufi'ons Confidentiat Restricted

November 20, 201 5Use or disclosure of this proposal is subject


System Description 2-B

MUTUAL AIDINTEROPERABIL¡TYOFFERS FLEXIBILITYAND FUTUREEXPANSION.

2.2.1.2 MutualAid

Motorola can use multiple customer-furnishedinteroperability radios to install, configure, andmake operational the necessary hardware andsoftware to provide two-way communicationsbetween the MCC 7000 series consoles andMutual Aid channels.

As shown in Figure 2-2,inferoperablecommunications can be provided through a

dispatcher-initiated interface þatch) to theMutual Aid radios. The Motorola Conventional

Channel Gateway (CCGW) forms the bridge between the MCC 7000 series dispatch console on theASTRO 25 rudio network and the Mutual Aid radios. This allows the dispatcher to patch togetherMutual Aid radios and required subscribers on the ASTRO 25 system as situations dictate. EachGGM 8000-based CCGW can connect with up to four analog orY.24 ports, and 10 IP-based MutualAid channels. The high density GGM 8000-based CCGW can connect with up to eight analog andeightY.24 ports, plus 10 IP-based Mutual Aid channels. Multiple CCGWs can be installed per site tosupport Mutual Aid radios for seamless communications with various agencies. CCGWs can beplaced at any RF or console site allowing flexibility of connecting to the MCC 7000 series consoles.

CCGW interfaces can be installed at any location as long as there is network connectivity back to the

Zone Corc. Additional CCGWs can easily be added anywhere on the LMR IP network as Mutual Aidrequirements change.

As an incident occurs, local Mutual Aid agencies can initiate a radio conversation to an MCC 7000series dispatch location via a programmed channel. By selecting an icon on the console monitor, thedispatcher can initiate a patch to an RF channel for first responders as necessary. Incidentconversations will be seamless from the moment of the patch initiation, and can be recorded like anytalk group conversation within the LMR network. The dispatcher will also be able to take part in and

monitor conversations for the duration of the incident, as necessary.

Lodi Police DepartmeniFive Position MCC7500 Console Upgrade



System Descr¡ption 2-9@ Motorota So/uflons Confidentìat Restricted

roo

too

2.2.1.3

Lod¡ Police DepartmentFive Position MCC7500 Console Upgrade

MCC 70llll SeñesDispatch Gonsole

etherret

Mutu¡l Âiil [adiosor l¿sources

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Figure 2-2: Mutual Aid Components

lntegration with the ASTRO 25 Network

The MCC 7500 IP Dispatch Console will be seamlessly integrated into Lodi PD's current

conventional radio system and can be also seamlessly integrate with the County's P25 TrunkingSystem. This tight union between radio infrastructure and dispatch console equipment has several

operational benefits to Lodi PD.

This modular IP approach substantially reduces the amount ofspace needed for backroom electronics. All dispatch activity isperformed over IP. The physical space needed to accommodatethe MCC 7500 console position is comparable to that requiredfor a personal computer.

Both trunked talkgroups and conventional radio channels can be

accessed and controlled from one MCC 7500IP DispatchConsole over the same network. This reduces overall transportcosts and the need for duplicate fixed network equipment. Table

2-1 outlines the benefits of the MCC 7500's seamless integrationto the ASTRO 25 network.

Table 2-l: Benefits of Seamless lntegration of the MCG 7500 lP Console with a Future P25 Network

November 20, 20,l5Use or disclosure of this proposal is subject


THE MCC T{}(}t¡ SERIESCONSOLES' ¡MPROVEDUSE OF BANI}WII}ÏHENSURES THATEMEBGENCY CALLSWILL MAKE IT IHROUGHTO THE OISPATCHOPERATOR, REGAROLESSOT SYSTEM TRAFFIC,

Subscribers and console operators will be able tocommunicate without loss of information.

Tight coordination between the lPnetwork and lP console eliminates thepotential for audio degradation.

Console operators will always be able to hearemergency calls from users in the field.

Emergency calls are prioritized forsuccessful delivery regardless ofnetwork traffic.

Benefit to Lodi PDFeature

@ uotorota So/uflons Confidential Restricted System Descript¡on 2-10

Console operators will always be able to reach out tousers in the field.

lnherent access to all system resourceswithin the network provides dispatchpriority to reach any user when needed.

The ability to scale the system to handle futurecapacity, while maintaining efficient dispatchoperations.

Rapid call set up times and quality ofservice, regardless of the size of thesystem.

Assurance that sensitive, private communications willremain secure, from the user in the field to the consoledispatch operator.

True end{o-end encryption caPablefrom the subscriber to the consoleoperator position, enhancing operationalsecurity

Ongoing cost savings for Lodi PD.lmproved bandwidth efficiencies reducetransport costs.

Benefit to Lodi PDFeature

2.2.1.4

2.2.1.5


QS uotorota Sorufions Confrdentiat Restricted

Advantages of MCC 7500 vs. Other Consoles

Descriptions and impacts of other console brands can be discussed in detail during proposal review

o Bandwidth Efficiency.o Native Wireline Control of Trunking Talkgroups.¡ End-to-EndEncryption.o External Paging Encoder Port.¡ Radio Status and Radio Message.

r Dispatch Application Programmer Interface (API).¡ MDC 1200 Signaling.¡ Multiple Patch Groups.o Multiple Multi-Select Groups.o High Capacity.. Beyond the CSSI Standard Features.

Conventional Base Station lnterfaces

The MCC 7000 series consoles are capable of accessing and controlling Lodi PD's analog and digitalconventional base stations through the use of conventional channel gate"vays (CCGW). This

capability lowers Lodi PD's cost of ownership in two ways:

¡ It uses the same transport network, reducing the requirements for dedicated backhaul.

¡ It reduces the hardware requirements for interoperability, lowering fixed network equipment

costs.

The dispatch console processes audio received from the station, and controls various features on the

stations, such as frequency selection, private line selection, and repeater on/off.

The low density and the high-density versions of the Enhanced GGM 8000-based router can support

up to 16 IP interfaced base stations.

Using the high-density version of the Enhanced GGM 8000-based CCGW, up to 16 additional

conventional channels can be connected to the analog and V.24ports. These 16 channels can be a

mixture of analog, MDC 1200, ACIM link, digital, ormixed mode operation.


, to the restrictions on the cover page.

System Description 2-11

Additionally, the Enhanced GGM 8000-based CCGWs allow for recovery of MDCI200 and digitalsignaling, such as unit ID, and emergency alarm,which is passed to the MCC 7500 dispatch operator

position(s).

2.2.2 Console 0perations

The MCC 7000 series dispatch console is designed to provide mission-critical audio between the dispatch console and users in the field. It isoptimized for real-time audio, prioritizing emergency calls over otherrrafftc, minimizing voice queuing, and transmitting calls in 450milliseconds or less.

Using robust error mitigation to maintain call quality even when the

system is heavily loaded, the MCC 7000 series console reduces

communication errors that may force dispatch console operators torepeat their transmissions.

2.2.2.1 Dispatch lnterface

The MCC 7000 series console's graphical user interface (GUI)optimizes user efficiency. It is designed to display the maximumnumber of resources a dispatch operator is able to easily viewand control. The Lodi PD can customize the MCC 7000 series

GUI by agency or by individual user to meet their dynamicneeds and requirements.

Elite Dispatch Graphical User lnterface

The MCC 7000 series Elite Dispatch GUI is an enhanced versionof Motorola's Gold Elite Dispatch GUI. For new users, the

graphical icons and customization options make the MCC 7000

series console GUI easy to leam and operate.

Lodi PD can eliminate future training time with an MCC 7500 Console deployed now that integrates

with a future ASTRO 25 radio system with common operations.

An example of the MCC 7000 series GUI is shown in Figure 2-3.




System Descr¡ption 2-12

RELIABLEAUBIO INREAL TIME

EASY TO USE,FLEXIBLE, ANDCUSTOMIZABLEUSER INTERFACE

@ uotorota So/uf,bns Confidentiat Restricted

CI EIO,, u o

¿,;'¡?t,,1!â:1ff; 1:03;36 PM



System DescriPtion 2-13

Q;ø*o.^I rl"

2.2.2.2

Lodi Police DepartmentF¡ve Pos¡t¡on MCC7500 Console Upgrade

I I

Figure 2-3: The MGC 7000 Series GUI Delivers Critical Real-Time lnformation to theGonsole Operator when and where they Need it

Based on operator preference, the MCC 7000 series GUI can be customized to show details oftrunked and conventional RF channels on a per-channel basis. Various controls can be highlighted,

such as patch status, frequency select, coded/clear select, and individual volume control. Per-channel

controls can be fully or partially shown, or hidden to save space on the screen. Busy dispatch

operators can respond to a missed call by simply clicking on an entry in the Activity Log. The number

oicalls and call information displayed in the Activity Log is customizable to suit the needs of the

user. The status of auxiliary inputs and outputs can be conveniently interpreted from the GUI with the

use of familiar graphical icons, such as a door shown open or closed.

Standard Radio Transmission and Reception

A typical MCC 7000 series console has two speakers, one for selected audio and the second for all

,"-ãining unselected audio. Additional speakers can be added to the console, allowing dispatch

operatorsto configure a specific speaker for a set of designated audio sources. This simplifies

multitasking between multiple audio sources, allowing flexibility in the way the audio is presented to

the dispatch operator.

Receiving Galls from the Field and Other Dispatch Operators

Dispatch operators have great flexibility as to how to hear calls from field radio users and other

dispatch oferators. Each console dispatch operator can define his or her own audio reception profile.

They can select a single audio source, whether conventional or talkgroup, to be heard on a selected

,p"uk.r ("Single Select"). The dispatcher can also define groups ofradio resources that can all be

heard on a selected speaker ("Multi-Select").

lnitiating Galls to the Field and Other Dispatch Operators

The dispatch operator has several different ways of initiafing a call. In most circumstances, a..Generãl Transmit" is appropriate. With the general transmit, the dispatch operator selects a resource

on the console and activates the transmission through a footswitch, headset transmit button, or a

microphone transmit button.

If the dispatch operator needs to quickly transmit on a resource, they use the "Instant Tra¡rsmit"

functionfwhich activates the resource regardless of whether it is selected. To prevent accidental

@ Uotorota So/uflons ConÍidential Restricted

activation of "Instant Transmit", it can be limited through an "Instatrt Transmit Safety Switch", which

must be pressed prior to activation of o'Instant Transmit".

Making Galls to the Field and Other Dispatch Operators

The dispatch operator can transmit audio in different ways, depending on who they need to speak

with and how important that communication is. Most basically, they can make calls to all users

listening to a specific conventional radio resource or a specific trunking talkgroup. When multiple

resources are required, the operator can select additional talkgroups and/or conventional channels as

needed for the call using the multi-select feature.

The MCC 7500 console enables dispatch operators to make private calls to individual field radio

users or dispatch operators. Once this private call is established, it can be patched in with another

resource at the dispatch operator's discretion.

Gontrolling Console Audio

The MCC 7000 series consoles offer the operator several different ways of controlling or muting the

audio on their console. The operator can change the audio volume of any specific resource routed to a

selected speaker and, if they desire, can mute and un-mute all non-selected resources on the console

("All Mute") for 30 seconds.

The console enables the dispatcher to transmit on a resource while receiving audio from other

resources. It also can prevent acoustic feedback when a co-located operator position transmits bymuting the transmitting operator position's audio on a shared resource.

Controlling Network Audio

Dispatch operators can control the audio on the ASTRO 25 network. Using the console, the operator

carrenable or disable radio users in order to compartmentalize trafftc, reduce intemrptions, and

maintain communications between dispatch and the field. When this function is enabled or disabled,

all dispatch consoles with this resource assigned are updated with the current status of the feature.

This feature can be controlled from any dispatch console.

Based on operator preference, the MCC 7000 series GUI can be customized to show details of RF

resources on a per-channel basis. Various controls can be highlighted, such as patch status, frequency

select, coded/clear select, and individual volume control. Per-channel controls can be fully or partially

shown, or hidden to save space on the screen. Busy dispatch operators can respond to a missed call by

simply clicking on an entry in the Activity Log. The nurnber of calls and call information displayed in

the Activity Log is customizable to suit the needs of the user. The status of auxiliary inputs and

outputs can be conveniently interpreted from the GUI with the use of familiar graphical icons, such as

a door shown open or closed.

2.2.2.3 Dispatch Audio Experience

Emergency Alarms


The MCC 7000 series dispatch console is capable of monitoring radio subscribers for user initiated

emergency activations. On subscriber radios that are equipped and programmed to transmit an

emergency alarm, the MCC 7000 series console detects that this emergency has occurred and displays

the emergency on operator positions that are preprogrammed to receive the emergency notification.

Operator positions can be programmed either to receive the emergency or to completely ignore it. Inthe event of an emergency condition from a radio user, all programmed consoles will give both an

audible and visual indication of the event. The dispatch operator can then silence the emergency

November 20, 2015Use or disclosure of this proposal ¡s subject


System Description 2-14@ Uotorota So/ufi'ons Confidentiat Restricted

leaving the visual indication on the screen indicating information on the initiating radio allowing the

call to be handled and dispatched appropriately.

Once an emergency is received, all programmed operator positions will give the audible and visual

indication of the event. Any one of these operator positions has the ability to silence the emergency at

only their position or for all operator positions on the system.

In the event of a system that all channels are busy at the RF site that receives the emergency,lhatevent is automatically given a Priority Level I. This is the highest priority possible, putting the

emergency call at the top of any busy queue. The emergency call will be given the next available

voice channel at that site bumping all non-emergency calls in the queue.

Desktop Speakers

Each dispatch console is capable of supporting up to eight audio speakers. In this design, twospeakers are included per position. These speakers supply audio for seleclunselect, as well as pre-

determined audio sources to specific monitor speakers, each of which transmits unique audio-that is,

an audio source cannot appeff in multiple speakers at a single dispatch console. Monitor speakers can

tie specific talkgroups to a certain speaker, such as all fire resources to speaker 3.

Each speaker has individual volume controls, and contains an amplifier that provides a maximum of 2Watts of power output. Speakers are self-contained units, and can be placed on a desktop, mounted ina rack/furniture, mounted on a wall, or mounted on a computer monitor.

Headset Jack

Each dispatch console is capable ofsupporting up to two headsetjacks. A headsetjack allows adispatch console user to use a headset while operating the dispatch console. Each headset can either

be connected to the console for supervisory applications, or to a desk telephone. The equipment

design proposed includes two headset jack(s) per operator.

The headset jack contains two volume controls: one for adjusting the level of received radio audio

and one for adjusting the level ofreceived telephone audio.

The headset jack supports headsets which use either PJ7 (6-wire) orPJ327 (4-wire) longframe

connectors (6-wire headsets have a PTT button while 4-wire headsets do not have a PTT button).

Gooseneck Microphone

The VPM is capable of supporting a desktop microphone. The desktop

microphone contains a microphone cartridge on a flexible shaft and two buttons

in its base. One button controls the General Transmit feature. The other buttoncontrols the Monitor feature. Figure below shows Microphone.

The desk microphone is permanently fastened down, or it is left loose so the

dispatch console user can pick it up while using it. The 18-inch long, flexibleshaft allows the base to be placed behind a keyboard or writing area and still be

able to position the microphone head within a few inches of the speaker'smouth.

If a desk microphone is connected to a dispatch console while no headsets are ff':ffiilï:connected, the desk microphone is active whenever any transmit function is

active. If a desk microphone is connected to a dispatch console while one or two headsets are

connected, the desk microphone is only active during a transmit function if its transmit button is

pressed. This prevents the desk microphone from picking up unwanted background sound while the

dispatch console user is using a headset to transmit.




System Description 2-15@ uAorAa So/ufions Confidentia! Restricted

2.2.2.4


Footswitch

Each dispatch console is capable of a dual pedal footswitch. The footswitch can be configured to

control general transmit and monitor functions.

lnstant Recall Recorder Port (for Radio)

Short-term, console-specific audio recording is a mechanism used to record a portion of the inbound

audio present on a specific dispatch console and make it readily available to the dispatch console user.

This recorded audio is retained by the recording system for a short period (typically about 60

minutes) and is easily played back by the dispatch console user. This allows the dispatch console user

to replay received audio that the user may have missed.

The instant recall recorder port (for radio) allows an instant recall recorder to be connected to a

dispatch console. The port provides an output containing the receive radio audio on the selected

channels. Transmit audio of any type (from either this dispatch console or a parallel dispatch console)

as well as tones generated by the dispatch console (emergency tones, callback tones, busy tones) are

not included in the audio output.

Dispatch console generated tones (e.g., emergency alarm tones, trunking busy tones, error tones, etc.)

are not included in the audio appearing at the analog audio output. This is done so that they do not

interfere with the dispatch console user's ability to understand the voice audio that was recorded.

Telephone/Headset Port

The telephone/headset port allows an external telephone set to be connected to the dispatch console.

The dispatch console's headset can then be used to communicate on both the radio system and a

telephone system (i.e. a 911 system).

When a telephone call occurs at a dispatch position, radio audio is directed from the headset to the

appropriate console speaker. The headset microphone audio is routed to the telephone, allowing the

dispatch console user to communicate hands-free on the telephone set. When the dispatch operator

ends their call, the headset reverts back to full radio operation.

When the dispatch operator transmits on a radio resource during a telephone call, the headset

microphone is re-routed to the radio system for the duration of the transmission. Once the

transmission is completed, the headset microphone is routed back to the telephone. During the

transmission, the dispatch operator continues to hear the telephone audio through the headset.

Emergency Radio Transmission and Reception

As part of a mission-critical communications network, the MCC 7000 series console facilitates

immediate prioritization and resolution of emergency communications between Lodi PD's dispatch

and first responders in the field. This enables dispatch operators and first responders to focus on their

mission, not their equipment----especially during critical situations.

When a field user or another dispatch operator initiates an emergency call, the console emits both

visual and audible indications ("Emergency Alarm"). The operator can then oorecognize" the

emergency call, which ends the audible emergency indication and notifies all console operators that

the emergency is being addressed ("Emergency Recognize"). The audible emergency indication may

also be muted by a console operator without recognizing the emergency alarm ("Mute Tones at a

Single Op"). When an emergency is over, the dispatch console user can end the Emergency Alarm.

The emergency mode remains active on the initiating radio unit until it is ended (reset) by the radio

user.


to the restriclions on the cover page.

System Descrìpt¡on 2-16@ tøotorota So/ufibns Confrdential Restricted

2.2.2.5

Lodi Police DepartmentF¡ve Pos¡tion MCC7500 Console Upgrade

Receiving an Emergency Call

When a field user or another dispatch operator initiates an emergency call, the console emits both

visual and audible indications ("Emergency Alarm"). The audible indication works to alert the

dispatch operator that an emergency is underway; the visual indication directs the dispatch operator's

attention to the specific resource on which the emergency call is being made. The dispatch operator

can immediately reserve a voice char¡nel for the duration of the emergency.

The audible indication for an emergency is generated at the maximum level of the received audio,

regardless of what volume the console has set that resource to. This is to ensure that the console

operator does not miss the call. When the emergency call has been acknowledged, the volume for that

resource is returned to its previous level.

Responding to an Emergency Gall

When a console operator wishes to respond to an emergency call, they can bypass the standard

console interface to auto-open a quick list, which contains specific controls for recognizing an

emergency call, initiating an emergency call, and ending an emergency call ("Auto-Open of QuickList"). The operator can then "recogÍtize" the emergency call, which ends the audible emergency

indication and notifies all console operators that the emergency is being addressed ("Emergency

Recognize").

The audible emergency indication may also be muted by a console operator without recognizing the

emergency alarm ("Mute Tones at a Single Op"). This would be used in a situation where one agency

is monitoring a channel that belongs to another agency. If an emergency alarm comes in on the

second agency's channel, the first agency could mute the tones at their dispatch consoles withouthaving to wait for the second agency to recognize it.

Ending an Emergency Call

When an emergency is over, the dispatch console user can end the Emergency Alarm. The visual

indication on the console GUI is removed, and the console informs the other operator positions that

the emergency is over ("Emergency End/Knockdown").

The emergency mode remains active on the initiating radio unit until it is ended (reset) by the radio

usef.

Radio Patch Control

MCC 7500 console users can patch communication between trunked and/or conventional radios that

are normally unable to communicate with each other due to different features, programming, or even

different frequency bands. A patch group is a group of linked resowces that can both receive

messages from a console and transmit to all other members of the patch group. The MCC 7500

supports a maximum of 16 active patch groups.

Setting up a Standard Patch

A dispatch operator can set up a standard patch between trunked resources and/or conventional

resources. After the patch is created, the dispatch console transmits all audio on one resource to allother resources in the patch group.

Patched radio users see the ID or alias ofihe other patched radio(s), as opposed to that ofthe console,

provided that the radio subscriber is capable of displaying IDs. This minimizes confusion and the

need for the dispatch operator to intervene in the call. Patches are automatically re-established ifintemrpted so the MCC 7500 user can concentrate on continuing operations.



Sysfem Descrþt¡on 2-17Qþ tøotorota So/u¿¡ons Confrdentiat Restricted

Pre-Defined Patches

Patches can also be predefined, and be automatically re-initiated each time a dispatch console

computer is restarted ("Patch Auto-Start").

Using Multi-Select

The Multi-Select feature allows a dispatch console to define groups of selected radio resources. When

a Multi-select group is opened, all of the resources in the group are simultaneously selected.

Resources can be added or removed from a Multi-Select group while it is open or while it is closed.

The Multi-Select feature:

r Selects multiple resources simultaneously.¡ Defines and stores groups of resources so that multiple resources can be conveniently selected

and deselected.

2.2.2.6 Call Management and Control

Automatic Prioritization of Calls

Calls on the MCC 7000 series console are priontized through a transmission hierarchy. Calls fromprimary supervisors take priority over those from secondary supervisors, which in tum take priorityover non-supervisors. Instant Transmit or All-Points Bulletin (APB) transmissions, regardless ofwhether they are from a supervisor, will take priority over general or patch transmissions.

Multþle dispatch console operators can be designated as primary supervisors on the same system,

which is useful when multiple agencies share one system, each with their own primary supervisor.

Console supervisors have the capability to disable and enable operator console functionality as

necessary.

Manual Prioritization of Calls

"system Access Priority Select" allows a dispatch operator to prioritize trunked resources on the

system as either "normal" or "tactical". A dispatch operator can change the priority of a trunked

resogrce to tactical in order to give the resource a better chance of gaining communication access on a

busy system. Only emergency calls have a higher priority than tactical. When the System Access

Priority status of a resource is changed, it is updated at all dispatch consoles in the systems that are

monitoring that trunked resource.

Standard Gall lndications

The MCC 7000 series console indicates the availability of any given resource, whether or not it isbeing transmitted on at the moment. It will also give an inbound call indication that provides the

console operator with a visual cue of audio activity on a radio resource. This functionality makes iteasy for an operator to see at a glance what the status of a resource is at any moment.

Resource ldentification

To identifu a resource, the console reads its unit ID, a string of digits that uniquely represent that

resource. The console makes it easy for operators to read unit IDs by replacing them with user-

friendly 16-character aliases. These aliases, which are defined during the configuration ofthe console

system, can replace the unit IDs of the following resources:

o Trunking Talkgroup Resource.o Trunking Announcement Group Resource'

Lodi Police DepartmentFive Posit¡on MCC7500 Console Upgrade



System Descript¡on 2-18@ uotorota So/ufibns Confidentiat Restricted

2.2.3


¡ Trunking Individual Call Resource.

. Conventional Channel Resource.

. Conventional Channel Frequency Selection Control.¡ Conventional Channel PL Selection Control.¡ Unit ID.¡ Aux I/O Resource.

On large systems, unit IDs can be conserved by grouping all individual call resources on a specific

trunking talkgroup together under a certain ID. This flexibility simplifies the daily work of Lodi PD's

dispatch operators.

CallAlerting'When

an operator needs to reach a radio user or dispatch operator and they are not near their radio or

console, the dispatch operator ean"page" the unattended radio or console through a series ofbeeps

and an indication of the sender's ID. When the radio user or dispatch operator becomes available,

they will see the unit ID of the calling dispatch operator's console or radio ID, and be able to return

the call. Additionally, aCall Alert can be used to trigger an activity. For instance, aCall Alert may

cause a vehicle's hom to sound and its lights to flash.

The console operator can even send a call alert to a user who is involved in voice and data

communications over the network.

Console LoggingNo logging recorder is included in this proposal. However, the MCC 7000 series dispatch console

system proposed to Lodi PD can interface with the existing analog logging recorder subsystem. The

configuration details will be finalized during Detailed Design Review (DDR).

Should Lodi PD elect to include an integrated IP logging solution from Motorola, the followingcapabilities will provide Lodi PD's personnel with clear audio and enough information to easily

understand the context and content ofany recorded transmission.

In addition to recording audio, the logging recorder has the ability to capture the followinginformation if supported:

¡ Talkgroup and channel information.o User identification such as unit ID and alias.o Call type such as Talkgroup Call, Telephone Patch Call, Emergency Call, etc'

¡ Non-voice events such as Call Alerts, Radio Status Check, Radio Message, etc.

This information is available for display to the user upon playback, and can be searched by the user inorder to retrieve the desired call.

The logging recorder's capacity is based on the number of radio transmissions it needs to record

simultaneously, not on the nurnber of channels that it will record.

A call can be saved either as a complete call (audio and any information associated with the call) or as

a simple .wav file. Files saved as complete calls must be played using the Scenario Replay application

included with the logging recorder. Files saved as .wav files can be played on any application that

supports them.



System Description 2-19@ motorota So/uf,bns Confidential Restricted


@ maoraa So/uflons Confidentiat Restricted

Record and Replay of Archived Calls

An lP-based recorder will record all IP traffic sent to it. It will provide Lodi PD with the capability torecord audio at the same level of quality as that heard at the console position. In addition, it willrecord information associated with the call beyond just the audio.

A replay station can access recordings on multiple recorders, even ones that are not being used withAISs. This provides the user with a complete view of everything being recorded from a single point.

Management of the Logging Recorder Subsystem

Security and fault management for the logging recorder subsystem are configured and managed by acommon administration application, residing on either a playback station or a dedicated PC.

Administrative personnel can use the management controls of the logging recorder subsystem toconfigure how calls are recorded.

On a global level, administrators can define which calls are recorded by which agency or department;on a more granular level, administrators can define the following recording behavior:

o Which talkgroups and conventional resources are to be recorded.o Whether or not secure calls are recorded.o Which talkgroups and conventional resources are critical and which are not.o Access rights for replay station user accounts.¡ Configures various operational characteristics of the recorders (watermark limits for the recording

media, what to do when the recording media fills up, etc.).

Long Term Logging Port

Long-term audio recording is used to record a portion ofthe inbound and outbound audio present on a

specific dispatch console. These recordings are typically archived for long-term storage, and providea historical record of the radio communications made at a given dispatch console.

The long-term logging port allows an external logging recorder to be connected to a dispatch console.The audio that appears on this output is configurable, but is typically the audio that was transmittedand/or received at lhal dispatch console.

The configuration ofaudio to be presented at this port is tied to the physical dispatch console, so thatno matter what user is logged into the console, the same type of audio is logged. The long-termlogging port can be configured to log any combination of the audio sources listed below:

o Audio received from the currently selected radio resources (note that the level of this audio is notaffected by either the individual volume setting of the radio resource or the master volume controlon the speaker or headsetjack).

¡ Microphone audio being transmitted to the currently selected radio resources by this dispatchconsole user.

o Microphone audio being transmitted to unselected radio resources by this dispatch console user.

o Any tones generated by the dispatch console that appear in its speakers (trunking tones,

emergency tones, etc.).o Tones generated by an extemal paging encoder.

Note that this output may be used with an instant recall recorder as well as a long-term loggingrecorder.


to lhe restrict¡ons on the cover page.

System Descript¡on 2-20

2.2.4

2.3

2.3.1

Console Configuration and Management

The MCC 7000 series console system is configured and managed by the same configuration manager,

fault manager, and performance reporting applications as the radio system. The user can define

exactly which resources are available and how they are presented to the dispatch console user. This

provides Lodi PD with a single point for configuring and managing the entire ASTRO 25 system.

Changes are automatically distributed throughout the system. This centralized approach saves

valuable time and effort for system administrators and technicians, and reduces the errors that can

occur when radio IDs and other data ate entered at multiple locations.

In addition, call traffic and performance reports for each console cari be generated from the system's

network maîager. This enables administrators to quickly and easily ensure optimal effectiveness and

efficiency.

COMPON ENT DESCRIPTIONS

GCP 8000 Conventional Site Controller

The GCP 8000 Conventional Site Controller provides mission critical call processing and mobilitymanagement throughout the ASTRO 25 Conventional System. The GCP 8000 interfaces via multiple

Ethemet LAN switches, and provides access to the packet switched network via the Core Gateway.

The GCP 8000 is capable of supporting the full set of dispatch consoles, archiving interface servers,

and conventional gateways. The GCP 8000 can only be located attheKllK2 Core. The GCP 8000 is

responsible for: I

o Fault management for the GCP 8000.

o Processing conventional call requests from the conventional gateway or from the Console.

. Assigning the multicast groups for conventional calls.

o Issuing a call grant to the requestor.¡ Issuing a beginning of mobile transmission to the consoles (with alias information).

¡ Arbitration between multiple radios and/or consoles vying for the same channel.

¡ Processing an end ofcall.o Acknowledge subscriber signaling calls (e.g. Emergency).

o Distributes subscriber signaling to affiliated consoles, as well as other conventional voice call

processing.

GGM 8000 Core Gateway

In a K core, the core gateway combines the frmctions of core and gateway routers. It handles LANtraffic within the core site and provides an interface between the core and the customer network via

backhaul switch. The core gateway performs the routing control of audio, data, and network

management traffic in and out of the zone, replicating packets while achieving the fast access levels

required by real-time voice systems.

GGM 8000-based Conventional Channel Gateway

CCGWs are used in the MCC 7500 Dispatch Console to connect the dispatchers to analog and digital

conventional channels in their system.

The GGM 8000-based CCGW contains four analog ports and fowY.24 ports plus an Ethernet port.

Up to four conventional channels can be connected to the analog andY.24 ports on a GGM 8000-

2.3.2

2.3.3


November 20, 201 5

Use or disclosure of this proposal is subjectto the resirict¡ons on the cover page.

SystemDescriPtion 2-21@ Uotorota So/ufibns Confidential Restricted

2.3.4

2.3.5

Lodi Police DepartmentF¡ve Position MCC7500 Console Upgrade

based CCGW. The four channels can be any mixture of analog, MDC 1200 digital or mixed mode.

Note that mixed mode channels must use a V.24 port for the digital portion; they cannot use IP.

In addition to the four channels supported on the analog andY.24 ports, the CCGW is also capable ofsupporting up to ten digital conventional channels via its IP port.

The proposed system includes one GGM 8000-based CCGW module, which is integrated into the site

gateway. This will interface to four existing digital resources and three existing analog resources.

Two LAN switches have been included to aggregate all of the Ethernet interfaces for MCC 7500dispatch positions and gateways, plus the controller and router.

Configuration Manager

The Configuration Manager application runs on a Microsoft Windows 7 OS and can co-hab on aConsole OP or can run from its own PC (note the Console OP will only support one other applicationcohabiting with it). There should be one and only one Configuration Manager that is connected and

running continuously and can only be used from the core. The Configuration Manager application is

used to configure the Console OP, the AIS, and the CCGW through the same LDAP interface used inthe large "M" and "L" systems. A number of parameters have been preset to minimize the amount ofconfiguration needed.

MCC 7500 Dispatch ConsoleThis proposal highlights a few of the numerous features and functions of the MCC 7500 platform.Motorola is happy to provide more information and detailed specifications upon request.

This section discusses the various components that make up the proposed MCC 7500 DispatchConsole system, Figure 2-4. These components are connected together and to the rest of the ASTRO25 system on an IP network via console site routers and switches. The MCC 7500 Dispatch Consolefunctions as an integrated component of the total radio system, fully participating in system levelfeatures such as end-to-end encryption and agency partitioning.



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Sysfem Descrlption 2-23

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Figure 2-4: Motorola MCC 7500 Dispatch Console Hardware Architecture

Operator Position Components

MCC 7500 operator positions connect directly to the

radio system's IP transport network without gateways orinterface boxes. Audio processing, encryption, and

switching intelligence for dispatch are performed withineach software-based operator position, withoutadditional centralized electronics.

An MCC 7500 operator position consists of a computer,a Voice Processing Module (VPM), one select speaker,

up to three unselect speakers, a desktop gooseneck

microphone, headset jack and footswitch.

Voice Processing Module (VPM)

The VPM provides vocoding and audio processing services for the dispatch console. It connects tothe console site LAN switch and communicates with the dispatch console PC via Ethernet. Each

operator position includes a PC and a dedicated VPM. The VPM also provides connections for analog

devices to be connected to the digital console.

The VPM has connectors for the following devices:

r One desktop microphone.o Two headsetjacks.o Eight desktop speakers (four speakers max supported in the initial releases)

. Logging recorder.¡ Radio instantrecall recorder.

2.3.5.1

I


@ tøotorota So/ufions Confidential Restricted

o Telephone instant recall recorder (not supported in initial releases).

¡ External telephone set.

o External paging encoder.¡ Footswitch.o Generic transmit audio input.

Some of the connectors listed above can be used to provide audio inputs and ouþuts for connecting

other types of dispatch consoles to the Motorola radio system in conjunction with the Motorola MCC

7500 Dispatch APIs.

An optional secure card provides encryption and decryption services for the dispatch console' It iscapable of supporting multiple, simultaneous encryption/decryption sessions using multiple

algorithms and multiple secure keys.

Personal Computer (PG)

The dispatch console uses a customized Motorola-certified PC running the Microsoft Windows

operating system, containing a Motorola-designed voice card and a Motorola-designed secure card.

The PCs used in ASTRO 25 systems have a mini-tower form factor'

The PCs are processed through Motorola factories in Schaumburg so that the application softwate,

voice cards, and secure cards can be installed and tested to ensure they are operating properly.




SystemDescriPtion 2-24@ Uotorota So/ufions Confidentia! Restr¡cted

sEcTloN 3

MCC 71 00/7500 Conventional Resources

3.1.1 lnstant Recall Recorder(lRR) Operation

I. DESCRIPTION

The lnstant Recall Recorder (lRR) allows for audiofrom a phone call or a radio call to be played back atthe MCC 7500 or MCC 7100 Console position. Thirtyminutes of audio is saved for radio and an additionalthirty minutes for telephone. The audio is saved onthe positions hard disk in the form of a .wav file'

SETUP

RADIO-1 - TALKGROUP 1

RADIO-2.TALKGROUP 1

CONSOLE-1 - TALKGROUP I running IRRapplication.

VERS|ON #1.020

Lodi Pol¡ce DepartmentFive Position MCC7500 Console Upgrãde

ACCEPTANCE TEST PLAN2. TEST

Step 1.

Step 2.

Step 3.

Step 4.

Step 5.

Step 6.

Select a radio channel on the CONSOLE-1application window.

Select IRR from the CONSOLE-1 toolbar.

lnitiate radio communication betweenRADIO-1 and RADIO-2.

Verif,7 a new entry appears in the IRR logwindow.

Select the new entry from the list.

Press play and verify conversation replay

Pass_ Fail-



AcceptanceTest PIan 3-1@ uotorotaSolufions Confidentiat Restricted

3.1.2

MCC 71 00 17500 Conventional Resources 2. TEST

Step 1. lnitiate a Channel Marker tone onCONVENTIONAL CHANNEL 1 fromCONSOLE-1.

Step 2. Verifiy RADIO-1 and RADIO-2 can monitorthe Channel Marker tone onCONVENTIONAL CHANNEL 1.

Step 3. Veriñy CONSOLE-1 and CONSOLE-2 alsomonitor the Channel Marker tone onCONVENTIONAL CHANNEL 1.

Step 4 lnitiate a call from RADIO-1 and continue tokey longer than the preset Channel Markertone period for CONVENTIONAL CHANNEL1.

Step 5. Verifu while RADIO-1 is keyed, the ChannelMarker tone is suppressed.

Step 6 Verify after RADIO-1 de-keys, the periodicChannel Marker tone continues to betransmitted on CONVENTIONAL CHANNEL1.

Step 7. Cancel the Channel Marker onCONVENTIONAL CHANNEL 1 fromCONSOLE.I.

Step 8. Verify the Channel Marker is no longermonitored on CONVENTIONAL CHANNEL1.

Pass_ Fail-



Acceptance Test Plan 3'2

Channel Marker -

Conventional

I. DESCRIPTION

A Channel Marker is a distinct, short duration,audible tone over radio and Console speakers. Thetone is initiated and cancelled by a console operator.The tone can be initiated only for the talkgroups orconventional channels. On initiation, it is generatedperiodically when there is no voice activity. The tonecan be used for various purposes. The primarypurpose of the tone is to inform radio users that theconventional channel or the trunked talkgroup iscurrently involved in a high priority situation and theyshould stay off the channel unless they are involvedin the high priority situation. The tone also informsthe users that a console operator is activelymonitoring the talkgroup.Note that the Channel Marker tone will only startwhen there is no voice activity for the selectedTalkgroup or conventional channel. The channelMarker tone is sent in a current transmission modeof the Console user.

SETUP

RADIO-1 CONVENTIONAL CHANNEL 1

RADIO-2 CONVENTIONAL CHANNEL 1

CONSOLE-1 - CONVENTIONAL CHANNEL 1.CONSOLE-2 - CONVENTIONAL CHANNEL 1

VERSTON #1.r00


@ UAorAaSoluflons Confidentiat Restricted

3.1.3

f . DESCRIPTION

A Resource is selected on the console by placingthe cursor over the Resource, choosing an area andselecting. The Resource choice area is the regionwhere the name of the Resource is located (Topalphanumeric line of the Resource). When selected,the background of the Radio Resource will turnwhite and the border will turn green. Choosing thelnstant Transmit button will send keying commandsto the station.The Frequency Select option provides the capabilityto choose up to 14 separate frequencies.

SETUP

RADIO-1 - CONVENTIONAL CHANNEL 1

CONSOLE-1 . CONVENTIONAL CHANNEL 1

VERS|ON #1.030


MCC 71 00 17 500 Gonventional Resources

Frequency SelectableConventional Resource

Using CONSOLE-1, select the firstfrequency in the list for the resource

Select the corresponding frequency onRADTO-1.

Veriñ7 communications between CONSOLE-1 and RADIO-1.

Using CONSOLE-1, select anotherfrequency in the list for the resource.

Select the corresponding frequency onRADTO-1.

Verifu communications between CONSOLE-1 and RADIO-1.

2. TEST

Step L

Step 2.

Step 3.

Step 4.

Step 5.

Step 6.

Pass_ Fail-



Acceptance Test PIan 3-3@ motorota So/ufions Confrdent¡at Restricted

Lodi Police DepartmentF¡ve Position MCC7500 Console Upgrade

($ maoraa So/uflons confrdentiat Restricted


3.1.4 Console Priority

1. DESCRIPT¡ON

Console Operator Positions have ultimate control oftransmitted audio on an assigned resource. TheConsole Position has the capability to take control ofan assigned voice channel for a channel/talkgroupcall so that the operator's audio overrides anysubscriber audio. Console priority is a feature thatenables dispatchers to gain immediate access to anassigned voice channel so that a central point ofaudio control exists.

SETUP



CONSOLE-1 - CONVENTIONAL CHANNEL 1

VERS|ON #1.040

2. TEST

Step 1. lnitiate a callfrom RADIO-1 onCONVENTIONAL CHANNEL 1. Keep thiscall in progress until the test has completed

Step 2.

Step 3.

Observe that RADIO-2 receives the call

While the call is in progress, key upCONSOLE-I on CONVENTIONALCHANNEL I.

Step 4. Observe that RADIO-2 is now receivingaudio from CONSOLE-1 onCONVENTIONAL CHANNEL 1

Step 5

Step 6

De-key CONSOLE-1

Veriñ7 RADIO-2 now receives RADIO-1audio.

Step 7 End the CONVENTIONAL CHANNEL 1 callfrom RADIO-1.

Pass_ Fail-

November20,20l5Use or disclosure of this proposal is subject


Acceptance Test Plan T4

MCC 71 00 17 500 Conventional Resources

3.1.5 Call Alert Page -

Conventional

1. DESCRIPTION

This test will demonstrate that an MCC7100/7500console using a Conventional Channel is able totransmit Call Alert pages. Call Alert Page allows adispatcher to selectively alert another radio unit' Theinitiating console will receive notification as towhether or not the call alert was received. Unitsreceiving a Call Alert will sound an alert tone andshow a visual alert indication. The display will alsoshow the individual lD of the initiating console.

This test can be run using Mixed Mode or MDC1200Channels.

SETUP

RADIO-1 - SITE 1 - CONVENTIONAL CHANNEL 1

RADIO-2 - SITE I - CONVENTIONAL CHANNEL 1

RADIO.3 - SITE I - CONVENTIONAL CHANNEL 1


VERS|ON #1.040

Lodi Police Departm€ntF¡ve Position MCC7500 Console Upgrade

2. TEST

Step 1. From CONSOLE-1 create a paging queuecontaining Call Alerts to RADIO-1, RADIO-2and RADIO-3.

Step 2. From CONSOLE-1 start the pages onCONVENTIONAL CHANNEL 1

Step 3. Verify that RADIO-1, RADIO-2 and RADIO-3receive the Call Alerts.

Pass_ Fail-



@ Uotorota So/ufions Confrdentiat Restricted Acceptance Test Plan 3-5


@ utotorota so/ufions Confrdentiat Restricted

MCC 7100/7500 Conventional Resources

3.1.6 Patch Operation -

Conventional

I. DESCRIPTION

The Patch feature allows more than one RadioResource to be grouped simultaneously. This can beused for temporarily merging two or morechannels/frequencies together to act as one largergroup. Telephones and radio resources can bepatched together. ln a patch group, the memberscan receive messages from the console and theycan transmit to all other members of the patchgroup.

SETUP


RADIO-2 - CONVENTIONAL CHANNEL 2CONSOLE-1 - CONVENTIONAL CHANNEL I andCONVENTIONAL CHANNEL 2

VERS|ON #1.020

2. TEST

Step '1. Select the tab for patch 1, 2 or 3. Verifu thatthe patch edit button and patch transmitbutton appear.

Step 2 Select the "Patch Edit" icon. The selectedpatch willturn blue.

Step 3. Select the CONVENTIONAL CHANNEL 1

and CONVENTIONAL CHANNEL 2 RadioResource by moving the cursor over theRadio Resources' names and selectingthem.

Step 4. Verify that the selected Radio Resourcesdisplay a "Patch Edit" icon.

Step 5. Press and hold the "Patch Transmit" icon toinitiate the patch transmission.

Step 6. Veriff that the RADIO-1 and RADIO-2monitor the console outbound audio.

Step 7. Verify that RADIO-1 can communicate withRADIO-2 even though they are on separatechannels.

Step 8 To knock down the patch, select the RadioResources by moving the mouse cursorover the resource window and clicking overthe patch icon. Repeat this process until allthe resources have been removed from thePatch window.

Step 9 Select the Patch Edit icon and idle thecurrent patch.

Pass_ Fail-



Acceptance Test Plan 3-6

MCC 7f 00/7500 Conventional Resources

3.1.7 Multi-SelectOperation

I. DESCR¡PTION

Multi-Select (Msel) allows the console operator togroup a number of channels/talkgroups togethersuch that when the general transmit bar isdepressed, all of the multi-selectedchannels/talkgroups will transmit at the same timewith the same information. Multi-Select is one waycommunication call. lf a radio user responds to aMulti-Select call the talkgroup the user is affiliated towill be the only one to hear the call. There is nosuper-group formed, so radio communication is stillat the single channel level. Multi-Select is utilized tosend an APB to several channels/talkgroups. AMulti-Select has a limit of twenty (20)trunking/conventional resources

SETUP


RADIO.2 - CONVENTIONAL CHANNEL 2

CONSOLE-1 - CONVENTIONAL CHANNEL 1,

CONVENTIONAL CHANNEL 2

VERSTON #1.030


2. TEST

Step 1. From CONSOLE-1, create an Mselgroupwith CONVENTIONAL CHANNEL 1 andCONVENTIONAL CHANNEL 2.

Step 2. Transmit on the Msel using the Msel instanttransmit button.

Step 3. Verif,7 that RADIO-1 and RADIO-2 hear thecall.

Step 4.

Step 5.

lnitiate a callwith RADIO-1

Verify the call is heard on CONSOLE-1 butnot on RADIO-2.

Step 6

Step 7

lnitiate a callwith RADIO-2.

Verifu the callis heard on CONSOLE-1 butnot on RADIO-1.

Step 8. On CONSOLE-1 dissolve the Msel.

Pass_ Fail-

November20,2015Use or disclosure of this proposal ¡s subject


@ Uotorota So/ufions Confident¡a! Restr¡cted Acceptance Test PIan 3-7

MCC 71 00 17500 Gonventional Resources

3.1.8 Alert Tones - ConventionalChannel

I. DESCRIPTION

Pre-defined alert tones can be transmitted on theselected Radio Resource to subscribers which canalert members of a channel / talkgroup to aparticular event or signify to radio users specialinstructions are to follow. The Console has the abilityto send an Alert-Tone signal on selectedconventional or talkgroup resources.

SETUP




VERSTON #1.030


Select CONVENTIONAL CHANNEL 1 onCONSOLE-1.

Select Alert Tone 1 and depress the AlertTone button.

Verify that RADIO-1 and RADIO-2 hear AlertTone 1.

Repeat Steps 2-3 for Alert Tone 2 and 3.

Pass_ Fail_



Acceptance Test Plan 3-B

2. TEST

Step 1.

Step 2.

Step 3.

Step 4.

@ UAorotaSolufions Confidentia! Restricted


3.1.9 Acoustic Crossmute -

Conventional

I. DESCRIPTION

Acoustic crossmuting means that selected operatorpositions will not hear outbound transmissions fromoperator positions with which they are cross-muted.This feature is used when operator positions arelocated in the same dispatch site.

SETUP



CONSOLE-1 - SITE - CONSITE 1

CONSOLE.2 - CONVENTIONAL CHANNEL 1

CONSOLE.2 - SITE - CONSITE 1

CONSOLE-3. CONVENTIONAL CHANNEL 1

CONSOLE-3. SITE - CONSITE 1


CONSOLE-4 - SITE - CONSITE 1

VERS|ON #'.|.040


Veriñ7 Acoustic Crossmute is not configuredfor CONSOLE-1 and CONSOLE-2.

Select the CONVENTIONAL CHANNEL 1

resource on CONSOLE-1 and CONSOLE-2.

2. TEST

Step 1.

Step 2.

Step 3. Without an Acoustic Crossmute configured,and the select speakers of CONSOLE-1 andCONSOLE-2 turned to maximum volume,initiate a callon CONVENTIONALCHANNEL 1 using CONSOLE-1.

Step 4. Confirm feedback is heard on the operatorpositions and the portable hears feedbackon the channel.

Step 5. Turn the volume to minimum on CONSOLE-1 and CONSOLE-2

Step 6. Verifo Acoustic Crossmute is configured forCONSOLE-3 and CONSOLE-4.

Step 7 Selectthe CONVENTIONAL CHANNEL 1

resource on CONSOLE-3 and CONSOLE-4

Step 8. With an Acoustic Crossmute configured, andthe select speakers of CONSOLE-3 andCONSOLE-4 turned to maximum volume,transmit on CONSOLE-3.

Step 9. Verifo no feedback is heard at CONSOLE-3or CONSOLE-4 and that the portable doesnot hear feedback on the channel.

Pass_ Fail_



Acceptance Test PIan 3-9@ uotorotaSolufibns Confidentiat Restricted

MCC 71 00 17 500 Gonventional Resources

3.1.10 Activity Log - Conventional

1. DESCRIPTION

The MCC7100/7500 Console activity log will showall traffic for the resource assigned to that console toinclude the time, radio alias, Channel, PTT lD andEmergency Call.The dispatcher has the capability of selecting alogged call within in the "Activity Log Window" forinstant transmit on the corresponding loggedresource.This activity log can be logged to a text file forarchival purposes.

Note: The log file in the ops will only be seen if youfirst check Log Activity in Elite Admin applicationthen in folder options uncheck hide hidden systemfiles. The location will be c:\ProgramData\MCC7500\MessageMonitorlogs.

SETUP


RADIO-2 _ CONVENTIONAL CHANNEL 2RADIO-3 _ CONVENTIONAL CHANNEL 3RADIO.4 - CONVENTIONAL CHANNEL 4

CONSOLE-,I - CONVENTIONAL CHANNEL 1,

CONVENTIONAL CHANNEL 2, CONVENTIONALCHANNEL 3, CONVENTIONAL CHANNEL 4

VERS|ON #r.060


2. TEST

Step 1. On CONSOLE-1 select the "Show ActivityLog" button on the tool bar to open theActivity Log Window.

Step 2 lnitiate calls on RADIO-1, RADIO-2, RADIO-3 and RADIO-4 to log call information andveriñ7 calls are displayed in the activity logwindow.

Step 3. Select a logged call in the Activity LogWindow and verifo that the Channel ControlWindow (CCW) at the top of the Activity logwindow changes to the correspondingresource. Verify the dispatcher is capable ofresponding via the instant transmit button.

Step 4. Open the text file created by the Activity Logand verifu call traffic has been archived tothe document file.

Pass_ Fail-



Qþ tøotorotaSo/ufions Confidentiat Restricted Acceptance Test Plan 3-10

MCC 7 10017 500 Gonventional Resources

3.1.11 lD Stacking

1. DESCRIPTION

During normal call operation radio lDs are displayedin the resource window for a particular resource.These lDs are saved in a "Stack" and can be viewedto determine which radios made the previous calls.The stack size can be up to 10 lDs. This test isapplicable to the Digital Conventional feature.

SETUP




CONSOLE.I - CONVENTIONAL CHANNEL 1

VERS|ON #1.020


At CONSOLE-1 view the CONVENTIONALCHANNEL 1 Resource Window.

lnitiate calls from RADIO-1, RADIO-2 thenRADIO-3 on CONVENTIONAL CHANNEL 1.

Scroll through the stack to see that the radiolDs are displayed in the order received.

Repeat steps 1-3 for a sample of theremaining OPs as needed.

Pass_ Fail-




2. TEST

Step 1.

Step 2.

Step 3.

Step 4.

@ nlotorota Sotutions Confidential Restricted

MCC 7100/7500 Conventional Resources

3.1.12 Status Request

I. DESCRIPTION

Statuses are used to indicate the Radio operator'soperational state (e.g. off duty). The information thatwill be displayed includes the radio alias, hour andminute time stamp, event state and the customerentered translation for the specific status. The StatusRequest service is supported from a Console usinga Conventional channel. The Console will beupdated when the Console initiates a StatusRequest from the resource window' There aresixteen unique statuses in the radio. Each status canhave a sixty character text alias in the console database.This test can be run using Digital Conventional orMDC1200 Channels.

SETUP

RADIO-1 . CONVENTIONAL CHANNEL 1


VERSTON #1'.020

lnitiate a status message from RADIO-1

Veriff GONSOLE-1 displays the properStatus text and the operator is audiblyalerted to the status.

Using CONSOLE-1 choose the StatusRequest button on CONVENTIONALCHANNEL 1. Select RADIO-1 from the listand send the request.

Verify the status text is displayed atCONSOLE-1 for the last status of RADIO-1

2. TEST

Step 1.

Step 2.

Step 3.

Step 4.


@ UAoraasolofions Confidentiat Restricted

Pass Fail_



Acceptance Test Plan 3'12

MCC 71 00/7500 Gonventional Resources

3.1.13 Message Update

I. DESCRIPTION

This test will demonstrate the Message Updateservice is supported on a MCC7100/7500 consoleusing Conventional channel. The Console will beupdated when the subscriber sends in a Messagechange. There are sixteen unique Messages in theradio. Each message can have a sixty character textalias in the console data base.This test can be run using Digital Conventional orMDC1200 Channels

SETUP

RADTO-1 --CONVCH 1

CONSOLE-1 - CONVCH 1

Note:Program RADIO-1 for Message Update (RadioStatus). Configure the system to match the StatusUpdate aliases.

VERSION #1.030

Enable Message Update (Radio Message)on CONVENTIONAL CHANNEL 1.

Perform a Message Update from RADIO-1.From the soft menu on the subscriber select"MSG'. Select a Message from the Radio'slist. Push the PTT button

2. TEST

Step 1.

Step 2.


($ tøotorotaSo/ufíons Conî¡dential Restricted

Step 3. Verifo that the message alias text isdisplayed at CONSOLE-1 for the codetransmitted by the radio.

Pass_ Fail-




MCC 7100/7500 Gonventional Resources

3.1.14 Radio Check

I. DESCRIPTION

Radio Check allows the console operator todetermine if a subscriber is operational or withinrange. The subscriber sends the acknowledgmentthat it has received the Radio Check.

NOTE: The status/message line must be added tothe Channel ControlWindow (CCW) of the resourcein order for the "ACKNOWLEDGED" indication to bevisible.

This test can be run using Digital Conventional orMDC1200 Channels.

SETUP


CONSOLE-1 . CONVENTIONAL CHANNEL 1

VERSION #1.030


2. TEST

Step 1. Using CONSOLE-1 select theCONVENTIONAL CHANNEL I RadioResource.

Step 2. From the active Radio Resource select theRadio Check button. Enter the lD or alias ofRADIO-1 in the Radio Check window.

Step 3 Glick the "Send" button from the RadioCheck window to initiate the Radio Check.

Step 4. Verifo that'ACKNOWLEDGED" is shown onCONVENTIONAL CHANNEL I's ChannelControlWindow.

Step 5.

Step 6.

Turn off RADIO-I

Click the "Send" button from the RadioCheck window to initiate the Radio Check on

RADIO-1.

Step 7. Verifu that an error message is logged:"Send Radio Check failed: Target notfound."

Pass_ Fail-

November20,20l5Use or disclosure of this proposal is subject


Acceptance Test Plan 3-14@ Uotorota So/uflons Conîiclent¡al Restticted

MCC 7f 0017500 Conventional Resources

3.1.15 Radio Disable/Enable

I. DESCRIPTION

This test will demonstrate the Radio Disable/Enableservice is supported from an MCC7100/7500console using a Conventional channel. Once theradio is inhibited/disabled, the radio cannot be usedto monitor voice channels or for any other radio userinitiated activity.This test can be run using Digital Conventional orMDC1200 Channels

SETUP

RADIO-1 - CONVCH 1

CONSOLE.I - CONVCH 1

VERSTON #1.030


Verifr7 that RADIO-1 can transmit andreceive audio.

2. TEST

Step 1.

Step 2. From the active Radio Resource on theconsole select the RADIO lNHlBIT/DISABLEicon. Enter the lD or alias of RADIO-1. Clickthe "Send" button to initiate the RADIOINHIBIT/DISABLE.

Step 3. Verify that RADIO-1 appears to be powered-down and unable to transmit or receiveaudio.

Step 4 Send a Radio Check/Remote Monitor toRADIO-1 and verify that it can still receiveand respond to a Radio Check/RemoteMonitor but without providing any indicationto the radio user.

Step 5. From the active Radio Resource on theconsole select the RADIOUNINHIBIT/ENABLE icon. Enter the lD oralias of RADIO-1. Click the "Send" button toinitiate the RADIO UNINHIBIT/ENABLE.

Step 6. Verifo that RADIO-1 appears to be powered-up and is able to transmit or receive audio.

Pass_ Fail-



Acceptance Test Plan 3-15@ tøotorota So/ufions Confidentiat Restricted

MCC 71 00 17 500 Conventional Resources

3.1.16 Remote Monitor

I. DESCRIPTION

This test will demonstrate the Remote Monitorservice is supported from an MCC7100/7500console using a Conventionalchannel. RemoteMonitor from Console is a call type in which theconsole operator can select and remotely key asubscriber unit. This allows the dispatcher to monitorthe transmit audio remotely and without detection.

This test can be run using Digital Conventional orMDC1200 Channels

SETUP



VERSTON #1.030


Put RADIO-1 into Remote Monitor via theRemote Monitor tile on the CONSOLE-1.

Verif,7 that RADIO-1 keys up without anytransmit indication.

Verifo any audio is heard by RADIO-2 andCONSOLE-1.

Wait 30 seconds and verify that RADIO-1dekeys.

2. TEST

Step 1.

Step 2.

Step 3.

Step 4.

Pass_ Fail-



Acceptance Test Plan 3-16@ tøotorotaSo/ufibns Confidential Restricted

MCC 71 00/7500 Gonventional Resources

3.1.17 Enhanced CCGW AnalogAudio Logging

I. DESCRIPTION

This test will demonstrate recording of the audiofrom the analog channelinterface on theconventional channel gateway (CCGW). Theenhanced CCGW will sum receive and transmitaudio received on an analog conventional channeland deliver the summed audio to the audio loggingoutput pins 3 and 6 of the second analog connector(94 to 9D or 13A to 13D) of the same analogconventional channel.

SETUP

The CCGW is either a Low Density EnhancedConventional Gateway or a High Density EnhancedConventional Gateway.

A conventional channel, CONVCH-1, with an analoginterface has been configured (analog, MDC 1200,mixed mode, orAClM).

The customer's audio recording device has beenconnected to the audio recording output pins 3 and 6of the second analog connector for CONVCH-1 onthe enhanced CCGW.

Conventional RADIO-1 - CONVCH-1

coNSoLE-1 - CONVCH-1

VERSION #1.030


Key RADIO-1 on CONVCH-1. Communicatewith CONSOLE-1.

Key CONSOLE-1 on CONVCH-1Communicate with RADIO-1.

Verifu the audio from the previous two stepsat the audio recording device.

2. TEST

Step 1.

Step 2.

Step 3.

Pass- Fail-



AccePtance Test PIan 3'17$ uotorota So/ufions Confidentiat Restricted

WARRANTYANDMAINTENANCE PLAN

sEcTloN 4

4.1

4.1.1

4.1.2

4.1.3

Motorola has over 75 years of experience supporting mission critical communications for public

safety and public ,"-i"" agencies. Motorola's technical and service professionals use a structured

apprãach tô üfe cycle service delivery and provide comprehensive maintenance and support

thr:oughout the lifã of the system. The value of support is measured by system availability, which is

optimìzed through the use of proactive processes, such as preventive maintenance, fault monitoring

and active response -arag"tnent. System availability is a function of having in place a support plan

delivered Uy tiighty skilled support professionals, backed by proven processes, tools, and continuous

training.

THE MOTOROLA SERVICE

DELIVERY TEAM

Account Services Manager

Your Motorola Account Services Manager provides

coordination ofsupport resources to enhance the qualityofservice delivery and to ensure your satisfaction. The

Account Services Manager (ASM) is responsible to

oversee the execution of the Warranty and Service

Agreement and ensure that Motorola meets its response

and restoration cycle time commitments. The ASM willsupervise and manage the Motorola Authorized Servicer's

functions.

Motorola System Technologists

The Motorola System Technologists (ST) are available to

assist Motorola's Authorized Servicers when needed fornetwork health and operations.

Motorola System SupPort Center

Located in Schaumburg, Illinois, the System Support Center (SSC) is a key component to the overall

management and system maintenance. As detailed in this Customer Support Plan, the following

services are provided by the System Support Center:

o Network Monitoring.o Dispatch Service.o Infrastructure Repair with Advanced Replacement'

¡ Technical Support.

Lodi Police DepartmentFive Posit¡on MCC7500 Console Upgrade


to the resirictions on the cover page'

Wananty and Maintenance Plan 4-1

Extensive Experience-Motorolahas over 75 years of experiencesupporting mission criticalcommunications and the PublicSafety community.Capacity to Respond-Motorola'snetwork of local service centers,repair depots, system support centerand parts support enable Motorolato provide quick and effectiveservice delivery.Flexibility and Scalability-Motorola's Support Plans arecustomized to meet individualCustomer needs.Skills and Process-Motorola usesa well-established, structured, anddisciplined approach to provideservice delivery. Motorola's team ofwell-trained and committed peopleunderstands the communications

business

Motorola has proven exPerience todeliver mission critical network

support

$ notorota So/ufions Conlidentiat Restricted

4.1.4

4.2

Motorola Local Service ProviderMotorola's authorized service centers are staffed with trained and qualified technicians. They providerapid response, repair, restoration, installations, removals, programming, and scheduled preventivemaintenance tasks for site standards compliance and RF operability. Motorola's authorized servicecenters are assessed annually for technical and administrative competency.

Motorola places great emphasis on ensuring that communications systems, such as the one proposed

for Lodi PD, meet high standards for design, manufacture, and performance. To enhance the value ofthe communications system being acquired, Motorola offers customizedwarranfy and post-warrantyservices as outlined in this section.

WARRANTY SERVICESMotorola will provide warranty services per orrr standard warranty terms and conditions as outlinedwithin the Communication Systems Agreement within this proposal. In addition to the StandardCommercial Warranty, the service products that comprise the Custom Warranty package mirror those

delivered to Lodi PD and are listed below along with a brief description.

Dispatch ServiceMotorola's Dispatch Service ensures that trained and qualified technicians are dispatched to diagnose

and restore your communications network. Following proven response and restoration processes, the

local authorized service center in your area is contacted and a qualified technician is sent to your site.

An automated escalation and case management process is followed to ensure that technician sitearrival and system restoration comply with contracted response and restore times. Once the issue has

been resolved, the System Support Center verifies resolution and with your approval, closes the case.

Activity records are also available to provide a comprehensive history of site performance, issues, and

resolution.

On-Site lnfrastructure Response

Motorola On-Site Infrastructure Response provides local, trained and qualified technicians who arriveat your location to diagnose and restore your communications network. Following proven response

and restore processes, Motorola Dispatch contacts the local authorized service center in your area and

dispatches a qualified technician to your site. An automated escalation and case management process

ensures that technician site arrival and system restoration comply with contracted response times. Thefield technician restores the system by performing first level troubleshooting on site. If the technicianis unable to resolve the issue, the case is escalated to the System Support Center or productengineering teams as needed.

Network Preventative Maintenance

Network Preventative Maintenance provides an operational test a¡rd alignment on your infrastructureor fixed network equipment to ensure that it meets original manufacturer's specifications. Trainedtechnicians:

. Physically inspect equipment.¡ Remove dust and foreign substances.o Clean filters.o Measure, record, align and adjust equipment to meet original manufacturer's specifications

4.2.1

4.2.2

4.2.3

Lodi Police DepartmentFive Pos¡t¡on MCC7500 Console Upgrade

November 20, 2015Use or disclosure of lhis proposal is subject


Warranty and Maintenance PIan 4-2(þ uotorota Sotutions Confidentiat Restricted

4.2.4

4.2.5

4.2.6

4.3

This service is performed based on a schedule agreed upon between you and Motorola. NetworkPreventative Maintenance proactively detects issues that may result in system malfunctions and

operational intemrptions.

lnfrastructure Repair

Infrastructure Repair service provides for the repair of all Motorola-manufactured equipment, as wellas equipment from third-party infrastructure vendors. All repair management is handled through a

central location eliminating your need to send equipment to multiple locations.

Comprehensive test labs replicate your network in order to reproduce and analyze the issue. State-of-

the-art, industry-standard repair tools enable our technicians to troubleshoot, analyze, test, and repair

your equipment. Our ISO9001 and Tl90OO-certified processes and methodologies ensure that your

equipment is quickly returned maintaining the highest quality standards.

Service agreements allow you to budget your maintenance costs on an annual basis. Equipment

covered under service agreements also receives higher service priority, which results in quicker repair

times.

lnfrastructure Repair with Advanced Replacement

Infrastructure Repair with our Advanced Replacement upgrade supplements your spares inventory

with Motorola's centralized inventory of critical equipment. In advance of Motorola repairing the

malfunctioning unit, a replacement unit is sent to you within 24 hours to ensure a spare unit is

available. Upon receipt of the malfunctioning unit, Motorola repairs the unit and replace it in our

centralized inventory.

Technical Support Service

Motorola Technical Support service provides an additional layer ofsupport through centralized,

telephone consultation for issues that require a high level of communications network expertise and

troubleshooting capabilities. Technical Support is delivered by the System Support Center (SSC). The

SSC is staffed with trained, skilled technologists specializing in the diagnosis and swift resolution ofnetwork perfoñnance issues. These technologists have access to a solutions database as well as inhouse test labs and development engineers. Technical Support cases are continuously monitoredagainst stringent inbound call management and case management standards to ensure rapid and

consistent issue resolution. Technical Support service translates into measurable, customer-specific

metrics for assured network performance and system availability.

POST WARRANTY SERVICESAs Motorola's continuing commitment to supporting your system, warranty services can be extended

after the first year to provide maintenance and service support in future years. Any of the services that

we identifu can be customized in future years, and are available for purchase either in "System

Support Services" packages or as individual service offerings. These system support services

significantly benefit Lodi PD because the system can be effectively supported after the warranfyperiod, thereby maximizing the operational capabilities and useful life of the system and protecting

your investment in the system.

Post-warranty support has not been included with this ofiering but can be provided upon request.




Wananty and Maintenance Plan 4-3@ Uotorota So/øflons Confidential Restricted

4.4


@ Uotorota So/ufibns Confidentiat Restricted

SUMMARYWhether it's a routine service call, or a disaster situation, Motorola understands its responsibility and

takes pride in its commitment to deliver proven response service to the public safety community.

Motorola has the capability to provide the technical, administrative, consultative, and maintenance

repair services needed to support, enhance, and maintain the effectiveness of your communications

network. Motorola's goal is to provide Lodi PD with the qualified resources, to maintain and improve

system operation and availability, and to deliver world-class service support.

Walranty and Post Wananty Service support services to be delivered are outlined in Table 4-1.

Table 4-1: Warranty and Post Warranty Service Overview


to lhe restrictions on the cover page.

OptionallncludedDispatch Service

lncluded OptionalOn Site lnfrastructure Response

lncluded OptionalNetwork Preventative Maintenance

OptionallncludedI nfrastructure Repair with Advanced Replacement

lncluded OptionalTechnical Support Service

Warranty and Post Warranty Service Overview Warranty Year Post WarrantyYear

Wananty and Maintenance PIan 4-4

SECTION 5


EQUIPMENT LISTThis section lists the equipment necessary for the proposed solution.

November20,2015Use or disclosure of this proposal ¡s subject


SINGLE ZONE CONV NON-RED CORE1 SQMO1SUM0237

ADD: REDUNDANCY1 cAo2259AA

ADD: BACKHAUL SWITCH2 cAo1896A8

ADD: RACK1 cAo1663A8

SPD, RJ-48 8 PIN, 1O/1OO BASE T TSJ PROTECTS/PASSES ON ALL 8 PINI DSTSJ,IOOBT

GGM SOOO GATEWAYSQMOlSUMO2OS

cA01616AA ADD: AC POWER

1 cA02141AA ADD: LOW DENSITY ENH CONV GATEWAY

I SQMO1SUMO239 MASTER SITE CONFIG UPGRADE

1 CAO21O5AA MCC7500/MCC71 00 CONS0LE LIC

1 T7140 G.SERIES SOFTWARE UPGRADE

1 cA01246AA ADD: MCC 7500 CONV SITE UPGRADE

I B1 905 MCC 75OO ASTRO 25 SOFTWARE

5 B'1933 MOTOROLA VOICE PROCESSOR MODULE

5 cA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE

5 cA00140AA ADD:AC LINE CORD, NORTH AMERICAN

5 TT2B33 CoMPUTER, 2440 WoRKSTATIoN WINDOWS 7 (NoN RETURNABLE)

5 17448 WINDOWS SUPPLEMENTAL FULL CONFIG

5 DSRMP615A spD, TYPE 3,120V RACK MoUNT, 154 PLUG-IN W (6) 154 NEMA 5-15 OUTLETS

10 81912 MCC SERIES DESKTOP SPEAKER

5 81914 MCC SERIES DESKTOP GOOSENECK MICROPHONE

MCC SERIES HEADSET JACK10 81913

HDST MODULE BASE WPTT, 15'CBL5 RLN6098

PROVIDES ONE DUAL PEDAL FOOTSWITCH FOR USE WITH MOTOROLA MCC 75OO DISP5 DSTWIN6328A

MCAFEE WINDOWS AV CLIENT5 T7885

DUAL tRR SW USB HASP WITH LICENSE (V47)5 DDN2089

SOUND BLASTER AUDIGY FX PCIE SOUND CARD5 DDN2,I34

5 cDN6673 CREATIVE LABS INSPIRE A60

1 CLN1B56 2620.24 ETH ERN ET SWITC H

1 TRN7343 SEVEN AND A HALF FOOT RACK

I DSTSJlOOBT SPD, RJ-48 8 PIN, 1O/1OO BASE T TSJ PROTECTS/PASSES ON ALL 8 PIN

1 DSÏSJADP RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH SERIES DATA SPDS

BVN1013 MKM TOOO CONSOLE ALIAS MANAGER SOFTWARE1

SQMOlSUMO2OS GGM SOOO GATEWAY2

DESCRIPTIONQTY NOMENCLATURE

($ uotorotasolufions Confidential Restricted Equipment List 5-1

ADD: AC POWER2 cA01616AA

ADD: LOW DENSITY ENH CONV GATEWAY2 cA02141AA

cLN1493 FRU WIRELINE BD COMP. CAI FC4

cLNl 185 FRU V.24 WIRELINE INTFC4

MCC 75OO VOICE PROCESSOR MODULE FRUI B1934

CoMPUTER, 2440 WoRKSTATI0N WINDoWS 7 (NON RETURNABLE)I TT2833

WINDOWS SUPPLEMENTAL FULL CONFIGI T7448

2620-24 ETH ERN ET SWITCH1 cLN1856

FRU: GGM 8000 BASE MODULE1 TYN4OOl

FRU: GGM 8000 LD ENH CONV GATEWAY MODULE1 TYN4O12

DESCRIPTIONQTY NOMENCLATURE

Lodi Police DepartmentFive Pos¡tion MCC7500 Console Upgrade



o Motorola Solutions Confidential Restricted Equipment L¡st 5-2

PRICINGsEcTtoN 6

6.1

Motorola is pleased to provide the following equipment and services to Lodi Police Department:

PAYMENT TERMSExcept for a payment that is due on the Effective Date, Customer will make payments to Motorola

within thirty (30) days after the date of each invoice. Customer will make payments when due in the

form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution and inaccordance with the following milestones.

20o/o of the System Total due upon contract execution;50% of the System Total due upon shipment of equipment;20Yo of the System Total due upon installation of equipment;

5Yo ofthe System Total due upon system acceptance or start ofbeneficial use; and

5%o of the System Total due upon Final Acceptance.

Motorola reserves the right to make partial shipments of equipment and to request payment upon

shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or

civil work completed on a site-by-site basis, when applicable.




Pricing 6-1

$268,199Lodi PD Dispatch Equipment($42,348)Lodi PD Dispatch HGAC Equipment Discount

$225,851Lodi PD Discounted Dispatch Equipment

$312,398Lodi PD Dispatch System lmplementation

$24,138Lodi PD Dispatch Equipment Tax

$562,387Lodi PD Dispatch System Total

PricingEquipment and Services

@ Uotorota So/ufions Confidential Restricted

sEcTt0N 7

Lodi Police DepartmentF¡ve Posit¡on MCC7500 Console Upgrade

CONTRACTUALDOCUMENTATION

Communications System Agreement

Motorola Solutions, lnc. ("Motorola") and Lodi Police Department ("Lodi PD") enter into this "Agreement," pursuant

to which Customer will purchase and Motorola will sell the System, as described below. Motorola and Customermay be referred to individually as a "Party" and collectively as the "Parties." For good and valuable consideration,the Parties agree as follows:

Section I EXHIBITS

The exhibits listed below are incorporated into and made a part of this Agreement. ln interpreting this Agreement

and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and anyinconsistency between Exhibits A through E will be resolved in their listed order.

Exhibit A Motorola "Software License Agreement"Exhibit B "Payment Schedule"Exhibit C "Technical and lmplementation Documents"C-1 "System Description" dated 11120115

C-2 "Equipment List" dated 11120115

C-3 "statement of Work" dated 11120115

C-4 "Acceptance Test Plan" or "ATP" dated 11120115

C-5 "Project Timeline" dated I 1120115

Exhibit D Service Statement(s) of Work and "Service Terms and Conditions" (if applicable)Exhibit E "system Acceptance Certificate"

Section 2 DEFINITIONS

Capitalized terms used in this Agreement have the following meanings:

2.1. "Acceptance Tests" means those tests described in the Acceptance Test Plan.

2.2. "Beneficial Use" means when Customer first uses the System or a Subsystem for operational purposes

(excluding training or testing).

2.3. "Confidential lnformation" means any information that is disclosed in written, graphic, verbal, or machine-

recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its

equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is

confirmed in writing within thirty (30) days of the disclosure. Confidential lnformation does not include anyinformation that is or becomes publicly known through no wrongful act of the receiving Party; is already known to

the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of thisAgreement, in the receiving Party's possession without any obligation restricting disclosure; is independently

developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written

authorization of the disclosing Party.



Contractual Documentat¡on 7'1@ Motorota So/ufions Confidentia! Restricted

2.4. "Contract Price" means the price for the System, excluding applicable sales or similar taxes and freight

charges.

Z.S. "Effective Date" means that date upon which the last Party executes this Agreement.

2.6. "Equipment" means the equipment that Customer purchases from Motorola under this Agreement.

Equipment that is part of the System is described in the Equipment List.

21. "Force Majeure" means an event, circumstance, or act of a third party that is beyond a Parly's reasonable

control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor

disturbancês, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots).

2.9. "lnfringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or

the Motorola Software directly infringes a United States patent or copyright.

2.9. "Motorola Softrvare" means Software that Motorola or its affiliated company owns

2.10. "Non-Motorola Software" means Software that another party owns

2.11. "Open Source Software" (also called "freeware" or "shareware") means software that has its underlying

source code freely available to evaluate, copy, and modify.

2.12. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets,

trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment

and Software, including those created or produced by Motorola under this Agreement and any corrections, bug

fixes, enhancements, updates or modifications to or derivative works from the Software whether made by

Motorola or another party.

2.13. "software" means the Motorola Software and Non-Motorola Software, in object code format that is

furnished with the System or Equipment.

2.14. "specifications" means the functionality and performance requirements that are described in the

Technical and lmplementation Documents.

2.15. "subsystem" means a major part of the System that performs specific functions or operations.

Subsystems are described in the Technical and lmplementation Documents.

2.16. "System" means the Equipment, Software, and incidental hardware and materials that are combined

together into an integrated system; the System is described in the Technical and lmplementation Documents

2.17. "system Acceptance" means the Acceptance Tests have been successfully completed

2.18. "Warranty Period" means one (1) year from the date of System Acceptance or Beneficial Use, whichever

occurs first.

Section 3 SGOPE OF AGREEMENT AND TERM

3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual

responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities in

accordance with this Agreement.

3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. lf a

requested change causes an increase or decrease in the cost or time required to perform this Agreement, the

Lodi Pol¡ce DepartmentFive Position MCC7500 Console Upgrade



Contractual Documentat¡on 7-2@ utotorotaSoluflons Confidential Restricted

Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect

the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Partiesexecute a written change order.

3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutualagreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date ofFinal Project Acceptance or expiration of the Warranty Period, whichever occurs last.

3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, Customer may

order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must

specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, theapplicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment,warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment orSoftware. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon

delivery, and payment is due within twenty (20) days after the invoice date. Motorola will send Customer an

invoice as the additional Equipment is shipped or Software is licensed. Atternatively, Customer may register with

and place orders through Motorola Online ('MOL'), and this Agreement will be the "Underlying Agreement" forthose MOL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and otherinformation may be found at http://www.motorola.com/businessandqovernmenU and the MOL telephone numberis (800) 814-0601.

3.5. MAINTENANCE SERVICE. During the Warranty Period, in addition to warranty services, Motorola willprovide maintenance services for the Equipment and support for the Motorola Software pursuant to the Statement

of Work set forth in Exhibit D. Those services and support are included in the Contract Price. lf Customer wishes

to purchase additional maintenance and support services for the Equipment during the Warranty Period, or anymaintenance and support services for the Equipment either during the Warranty Period or after the Warranty

Period, the description of and pricing for the services will be set forth in a separate document. lf Customer wishesto purchase extended support for the Motorola Software after the Warranty Period, it may do so by orderingsoftware subscription services. Unless otherwise agreed by the parties in writing, the terms and conditionsapplicable to those maintenance, support or software subscription services will be Motorola's standard Service

Terms and Conditions, together with the appropriate statements of work.

3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to

Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees toabide by all of the terms and restrictions of the Software License Agreement.

3.7. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with

the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyrightowner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the SoftwareLicense Agreement, in which case it applies and the copyright owner will have all of Licensor's rights andprotections under the Software License Agreement. Motorola makes no representations or warranties of any kind

regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software. AllOpen Source

Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the

standard license of the copyright owner and not the Software License Agreement. Upon request by Customer,Motorola will use commercially reasonable efforts to determine whether any Open Source Software will beprovided under this Agreement; and if so, identify the Open Source Software and provide to Customer a copy ofihe applicable standard license (or specify where that license may be found); and provide to Customer a copy ofthe Open Source Software source code if it is publicly available without charge (although a distribution fee or a

charge for related services may be applicable).

3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software,or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalentor better quality to the Customer. Any substitution will be reflected in a change order.

3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is

shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the




Contractual Documentation 7-3@ tøotorotaSo/uflons Confidentia! Restricted

option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the EffectiveDate), Customer has the right and option to purchase the equipment, software, and related services that are

described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller whichmust designate what equipment, software, and related services Customer is selecting (including quantities, ifapplicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction;however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate thosein good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to

be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery andimplementation schedules, payment terms, maintenance and support provisions, additions to or modifications ofthe Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions.

Section 4 PERFORMANCE SCHEDULE

The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By

executing this Agreement, Customer authorizes Motorola to proceed with contract performance.

Section 5 CONTRACT PRICE, PAYMENT AND INVOICING

5.1. CONTRACT PRICE. The Contract Price in U.S. dollars ispricing summary is included with the Payment Schedule. MotorolaEquipment as an integrated system. A reduction in Software or Eq

overall Contract Price, including discounts if applicable.

lf applicable, ahas pri the services, Software, anduipment quantities, or services, may affect the

5.2. INVOICING AND PAYMENT. Motorola willsubmit invoices to Customer according to the PaymentSchedule. Except for a payment that is due on the Effective Date, Customer will make payments to Motorolawithin twenty (20) days after the date of each invoice. Customer will make payments when due in the form of awire transfer, check, or cashier's check from a U.S. financial institution. Overdue invoices will bear simple interest

at the maximum allowable rate. For reference, the Federal Tax ldentification Number for Motorola Solutions, lnc.

is 36-1115800.

FRE¡GHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add allfreight charges to the invoices. Title tothe Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Risk

of loss will pass to Customer upon delivery of the Equipment to the Customer. Motorola will pack and ship all

Equipment in accordance with good commercial practices.

INVOICING lnvoices will be sent to the Customer at the followingaddress:

The

The Equipm beknown)

Customer may change this information by giving written notice to Motorola

Lodi Pol¡ce DepartmentF¡ve Position MCC7500 Console Upgrade

is the ultimate destination where the Equipment will be delivered to Customer is:

at the following address (insert if this information is

November 20, 2015Use or disclosure of this proposal iÉ subject


ContractualDocumentat¡on 7-4

¡J r'-

(þ uotorAa So/ufi'ons Confidentiat Restricted

Section 6 SITES AND SITE CONDITIONS

6.1. ACCESS TO SITES. ln addition to its responsibilities described elsewhere in this Agreement, Customer

will provide a designated project manager; all necessary construction and building permits, zoning variances,

licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and

access to the work sites or vehicles identified in the Technical and lmplementation Documents as reasonably

requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and

Statement oÍ Work. lf the Statement of Work so indicates, Motorola may assist Customer in the local buildingpermit process.

6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in

compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement

of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air

conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution,

equipment ánd connections; and adequate telephone or other communication lines (including modem access and

adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before

instailing the Equipment or Software at a work site, Motorola will inspect the work site and advise Customer of any

apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated

upon normal soil conditions as defined by the version of E.l.A. standard RS.-222 in effect on the Effective Date.

6.3. SITE ISSUES. lf a Party determines that the sites identified in the Technical and lmplementation

Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent

conditions at any site differ from those indicated in the Technical and lmplementation Documents, the Parties willpromptly investigate the conditions and will select replacement sites or adjust the installation plans and

specifications as necessary. lf change in sites or adjustment to the installation plans and specifications causes a

ci-range in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule,

or both, by a change order.

Section 7 TRAINING

Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will

noúfy n¡otorola immediately if a date change for a scheduled training program is required. lf Motorola incurs

addiiional costs because Customer reschedules a training program less than thirty (30) days before its scheduled

start date, Motorola may recover these additional costs.

Section 8 SYSTEM ACCEPTANCE

8.1 . COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10)

days notice before the Acceptance Tests commence. System testing will occur only in accordance with the

Acceptance Test Plan.

9.2. SYSTEM ACGEPTANCE. System Acceptance will occur upon successful completion of the Acceptance

Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System

Acceptance Cert¡ficate. lf the Acceptance Test Plan includes separate tests for individual Subsystems or phases

of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the

Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for

the Subsystem or phase. lf Customer believes the System has failed the completed Acceptance Tests, Customer

will proviðe to Motorola a written notice that includes the specific details of the failure. lf Customer does notprovide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System

Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or

variances in the System that do not materially impair the operation of the System as a whole will not postpone

System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule.

9.3. BENEFICIAL USE. Customer acknowledges that Motorola's ability to perform its implementation and

testing responsibilities may be impeded if Customer begins using the System before System Acceptance.


@ Uotorota So/uflons Confidential Restricted



Contracfual Documentation 7-5

Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola's prior

written authorization, which will not be unreasonably withheld. Motorola is not responsible for Systemperformance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use,

Customer assumes responsibility for the use and operation of the System.

9.4 FTNAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all

deliverables and other work have been completed. When Final Project Acceptance occurs, the parties willpromptly memorialize this final event by so indicating on the System Acceptance Certificate.

Section 9 REPRESENTATIONS AND WARRANTIES

g.1. SYSTEM FUNCTIONALIW. Motorola represents that the System will perform in accordance with the

Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this

System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies

thãt are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with

the System or for reasons or parties beyond Motorola's control, such as natural causes; the construction of a

buildiñg that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition offrequeñcies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or

configuration outside the Specifications.

9.2. EQUIPMENT WARRANry. During the Warranty Period, Motorola warrants that the Equipment under

normal use and service will be free from material defects in materials and workmanship. lf System Acceptance is

delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer's control,

this warranty expires eighteen (18) months after the shipment of the Equipment.

9.3. MOTOROLA SOFTWARE WARRANW. Unless otherwise stated ¡n the Software License Agreement,

during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the

Softr¡iare License Ágreement and the provisions of this Section 9 that are applicable to the Motorola Software. lfSystem Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or

cáuses within Customer's control, this warranty expires eighteen (18) months after the shipment of the Motorola

Software. TO THE EXTENT, lF ANY, THAT THERE lS A SEPARATE LICENSE AGREEMENT PACKAGED

WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE

ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS

SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT.

9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. ThESE WATTANTiES dO

not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola Software in other than its

normai, ôustomary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance,

disassembly, repáir, installation, alteration, modification, or adjustment not provided or authorized in writing by

Motorola; iustomer's failure to comply with all applicable industry and OSHA standards; (ii) breakage of or

damage to antennas unless caused directly by defects in material or workmanship; (¡ii) Equipment that has had

the seiial number removed or made illegible; (iv) batteries (because they carry their own separate limited

warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic

damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary

wear and tear.

g.S. WARRANry CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim

before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate the warranty

claim. lf this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to

Customer) repair thè defective Equipment or Motorola Software, replace it with the same or equivalent product, or

refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's

liability for itre warranty claim. lf this investigation indicates the warranty claim is not valid, then Motorola may

invoicê Customer for responding to the claim on a time and materials basis using Motorola's then current labor

rates. Repaired or replaced proðuct is warranted for the balance of the original applicable warranty period. All

replaced products or parts will become the property of Motorola.


November 20, 201 5

Use or disclosure of this proposal is subjectto the restrictions on the cover page.

Contractual Documentat¡on 7-6@ Uotorota So/ufions Confidentíat Restricted

9.6. ORIGINAL END USER lS COVERED. These express limited warranties are extended by Motorola to the

o¡ginal user purchasing the System for commercial, industrial, or governmental use only, and are not assignableor transferable.

9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIESFOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND AREGIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES ORCONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FORA PARTICULAR PURPOSE.

Section l0 DELAYS

10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if causedby a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance willnotify the other Party promptly (but in no event later than fifteen days) after it discovers the Force Majeure. lf aForce Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a timeperiod that is reasonable under the circumstances.

10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. lf Customer (including its othercontractors) delays the Performance Schedule, it will make the promised payments according to the PaymentSchedule as if no delay occurred; and the Parties will execute a change order to extend the PerformanceSchedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay

charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and

handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additionalengineering, project management, and standby time calculated at then current rates; and preparing andimplemênting an alternative implementation plan.

Section l1 DISPUTES

The Parties will use the following procedure to address any dispute arising under this Agreement (a "Dispute")

11.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws ofthe State in which the System is installed.

11.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice ofDispute ("Notice of Dispute"). The Parties will attempt to resolve the Dispute promptly through good faithnegotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute

and who are at a higher level of management than the persons with direct responsibility for the matter and2)direct communication between the executives. lf the Dispute has not been resolved within ten (10) days from theNotice of Dispute, the Parties will proceed to mediation.

11.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice tomediate from either Party ("Notice of Mediation"). Neither Party may unreasonably withhold consent to the

selection of a mediator. lf the Parties are unable to agree upon a mediator, either Party may request thatAmerican Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but theParties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith andwill be represented at the mediation by a business executive with authority to settle the Dispute.

11.4. LITIGATION, VENUE and JURISDICTION. lf a Dispute remains unresolved for sixty (60) days afterreceipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction inthe state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction ofthe courts in such state over any claim or matter arising under or in connection with this Agreement.

11.5. CONFIDENTIALIry. Al communications pursuant to subsections 11.2 and 11.3 will be treated as

compromise and settlement negotiations for purposes of applicable rules of evidence and any additional




@ Motorota So/uflons Confidential Restricted Contractual Documentat¡on 7-7

conf¡dent¡ality protections provided by applicable law. The use of these Dispute resolution procedures will not be

construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party.

Section 12 DEFAULTAND TERMINATION

12.j DEFAULT BY A PARW. lf either Party fails to perform a material obligation under this Agreement, the

other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure)

and may assert a default claim by giving the non-performing Parly a written and detailed notice of default. Except

for a deiault by Customer for failing to pay any amount when due under this Agreement which must be cured

immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the

default or, if tne default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will

begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the plan. lfCustomer is the defaulting Party, Motorola may stop work on the project until it approves the Customer's cureplan.

12.2. FAILURE TO CURE. lf a defaulting Party fails to cure the default as provided above in Section 12.1,

unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of thisAgreement. ln the event of termination for default, the defaulting Party will promptly return to the non-defaulting

Party any of its Confldential lnformation. lf Customer is the non-defaulting Party, terminates this Ag¡eement aspermitteá by this Section, and completes the System through a third Party, Customer may as its exclusive remedy

recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that

specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and

provide Motorola with detailed invoices substantiating the charges.

Sectionl3 INDEMNIFICATION

13.1. GENERAL tNDEMNIry BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any

and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage

to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola,

its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customergives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defense

ór settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification ofCustomer from liabilities that are in any way related to Motorola's performance under this Agreement.

19.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnifo and hold Motorola harmless from any

and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage

to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer,

its othèr contractors, or their employees or agents, while performing their duties under this Agreement, if Motorolagives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its

defense or settlement of the claim or suit. This section sets forth the full extent of Customer's general

indemnification of Motorola from liabilities that are in any way related to Customer's performance under this

Agreement.

13.3. PATENTANDCOPYRIGHT INFRINGEMENT

13.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software ("Product") directly

infriñges a Unitéd States patent or copyright ("lnfringement Claim"). Motorola's duties to defend and indemnify are

conditioned upon: Customer promptly notifying Motorola in writing of the lnfringement Claim; Motorola having sole

control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to

Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the lnfringement

Claim. ln addition to Motorola's obligation to defend, and subject to the same conditions, Motorola will pay all

damages finally awarded against Customer by a court of competent jurisdiction for an lnfringement Claim or

agreed to, in writing, by Motorola in settlement of an lnfringement Claim'




Contractual Documentat¡on 7'B($ uotorotaSoluflons Confidentiat Restricted

13.3.2. lf an lnfringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and

expense: (a) procure for Customer the right to continue using the Product; (b) replace or modify the Productsothat it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the

Product and grant Customer a credit for the Product, less a reasonable charge for depreciation. The depreciationamount will be calculated based upon generally accepted accounting standards.

13.3.3. Motorola will have no duty to defend or indemnify for any lnfringement Claim that is based upon: (a) the

combination of the Product with any software, apparatus or device not furnished by Motorola; (b) the use ofancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the

Product; (c) Product designed or manufactured in accordance with Customer's designs, specifications, guidelines

or instructions, if the alleged infringement would not have occurred without such designs, specifications,guidelines or instructions; (d) a modification of the Product by a party other than Motorola; (e) use of the Productin a manner for which the Product was not designed or that is inconsistent with the terms of this Agreement; or (f)

the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the

claimed infringement. ln no event will Motorola's liability resulting from its indemnity obligation to Customer extendin any way to royalties payable on a per use basis or the Customer's revenues, or any royalty basis other than areasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing

Product.

13.3.4. This Section 13 provides Customer's sole and exclusive remedies and Motorola's entire liability in theevent of an lnfringement Claim. Customer has no right to recover and Motorola has no obligation to provide any

other or further remedies, whether under another.provision of this Agreement or any other legal theory orprinciple, in connection with an lnfringement Claim. ln addition, the rights and remedies provided in this Section13 are subject to and limited by the restrictions set forth in Section 14.

Section 14 LIMITATION OF LIABILIW

Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence,strict liability in tort, indemnification, or othen¡vise, will be limited to the direct damages recoverable under law, butnot to exceed the price of the Equipment, Software, or services with respect to which losses or damages areclaimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,

THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE;LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROMTHIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF

SERVTCES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the

expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action forcontract breach or othen¡vise relating to the transactions contemplated by this Agreement may be brought more

than one (1) year afterthe accrual ofthe cause ofaction, exceptfor money due upon an open account.

Sectionl5 CONFTDENTIALITYANDPROPRIETARYRIGHTS

15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide each other

with Confidential lnformation. Each Party will: maintain the confidentiality of the other Party's Confidentiallnformation and not disclose it to any third party, except as authorized by the disclosing Party in writing or asrequired by a court of competent jurisdiction; restrict disclosure of the Confidential lnformation to its employeeswho have a "need to know" and not copy or reproduce the Confidential lnformation; take necessary andappropriate precautions to guard the confidentiality of the Confidential lnformation, including informing its

employees who handle the Confidential lnformation that it is confidential and is not to be disclosed to others, butthese precautions will be at least the same degree of care that the receiving Party applies to its own confidentialinformation and will not be less than reasonable care; and use the Confidential lnformation only in furtherance ofthe performance of this Agreement. Confidential lnformation is and will at all times remain the property of the

disclosing Party, and no grant of any proprietary rights in the Confidential lnformation is given or intended,including any express or implied license, other than the limited right of the recipient to use the Confidentiallnformation in the manner and to the extent permitted by this Agreement.

Lodi Police DepartmentFive Position MCC75O0 Console Upgrade



Contractual Documentat¡on 7-9(S tvtotorota So/ufions Confident¡al Restricted

15.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola, the third party manufacturer ofany Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respectivePróprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict theirProprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection withproviding io Customer the Equipment, Software, or related services remain vested exclusively in Motorola, andthis Agreement does not grant to Customer any shared development rights of intellectual property. Except as

explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by

implication, estoppel, or otherwise, any right, title or interest in Motorola's Proprietary Rights. Customer will notmodify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer,derive source code or create derivative works from, adapt, translate, merge with other software, reproduce,

distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding

sentence does not apply to Open Source Software which is governed by the standard license of the copyright

owner.

Section l6 GENERAL

16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes,assessments or duties, all of which will be paid by Customer except as exempt by law. lf Motorola is required topay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount

of the taxes (including any interest and penalties) within twenty (20) days after the date of the invoice. Customerwill be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be

solely responsible for reporting taxes on its income or net worth.

16.2. ASSIGNABILITY AND SUBCONTRACTING. Neither Party may assign this Agreement without the prior

written consent of the other Party, except that Motorola may assign this Agreement to any of its affiliates or itsright to receive payment without the prior consent of Customer. Motorola may subcontract any of the work, but

subcontracting will not relieve Motorola of its duties under this Agreement.

16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be awaiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by thewaiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiverof that same right or power, or the waiver of any other right or power.

16.4. SEVERABILITY. lf a court of competent jurisdiction renders any part of this Agreement invalid orunenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect.

16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an

independent contractor. The Parties and their personnel will not be considered to be employees or agents of the

other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make

commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint

venture, partnership or formal business organization of any kind.

16.6. HEADTNGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for

convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular

section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and

conditions and not for or against either Party.

16.7 . ENTTRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the

Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and

understandings, whether written or oral, relating to this subject matter. This Agreement may be amended ormodified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms

and conditions found on any Customer purchase order, acknowledgment or other form will not be considered an

amendment or modification of this Agreement, even if a representative of each Party signs that document.



to the resirictions on the cover page.

Contractual Documentation 7-10@ Uotorota So/ufíons Confidentiat Restricted

16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writingand either personally delivered or sent to the address shown below by certified mail, return receipt requested andpostage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile withcorrect answerback received, and will be effective upon receipt:

Motorola Solutions, lnc.Attn:


,,,(100t\ gfl- F{22

¡IFf-d sto lorû ,4.4

Attn:

,Wr[òfax

16.9. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, andlocal laws, regulations and rules concerning the performance of this Agreement or use of the System. Customerwill obtain and comply with all Federal Communications Commission ("FCC") licenses and authorizations requiredfor the installation, operation and use of the System before the scheduled installation of the Equipment. AlthoughMotorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of itsemployees is an agent or representative of Customer in FCC or other matters.

16.10. AUTHORIry TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessaryapprovals, consents and authorizations to enter into this Agreement and to perform its duties under thisAgreement; the person executing this Agreement on its behalf has the authority to do so; upon execution anddelivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with itsterms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter,regulation, law or any other governing authority of the Party.

16.11. SURVIVAL OF TERMS, The following provisions will survive the expiration or termination of thisAgreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software); if any paymentobligations exist, Sections 5.1 and 5.2 (Contract Price and lnvoicing and Payment); Subsection 9.7 (Disclaimer oflmplied Warranties); Section 1 1 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality andProprietary Rights); and all of the General provisions in Section 16.

The Parties hereby enter into this Agreement as of the Effective Date.

Motorola Solutions, lnc. Customer

By:

Name: Name:

Title: Title:

Date: Date:

By:

Novembe¡ 20, 2015Use or disclosure of this proposal is subject


Contractual Documentat¡on 7-1 1@ tlotorotaso/uf¡ons Conf¡dentiat Restr¡cted

Exhibit A

SOFTWARE LICENSE AGREEMENT

This Exhibit A Software License Agreement ("Agreement") is between Motorola Solutions, lnc., ("Motorola"), and

Lodi Police Department ("Licensee")

For good and valuable consideration, the parties agree as follows:

Section I DEFINITIONS

1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the

Sofhruare and Documentation is licensed for use.

1.2 "Documentation" means product and software documentation that specifies technical and performance

features and capabilities, and the user, operation and training manuals for the Software (including all physical orelectronic media upon which such information is provided)'

1.3 "Open Source Software" means software with either freely obtainable source code, license formodification, or permission for free distribution.

1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software

is licensed.

1.5 "Primary Agreement" means the agreement to which this exhibit is attached

1.6 "security Vulnerability" means a flaw or weakness in system security procedures, design, implementation,

or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a

security breach such that data is compromised, manipulated or stolen or the system damaged.

1.7 "software" (i) means proprietary software in object code format, and adaptations, translations, de-

compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications,

enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or

more items of software owned by a third party supplier. The term "Software" does not include any third party

software provided under separate license or third party software not licensable under the terms of this Agreement.

Section 2 SCOPE

Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary

Software or products containing embedded or preJoaded proprietary Software, or both. This Agreement contains

the terms and conditions of thqlicense Motorola is providing to Licensee, and Licensee's use of the Sofhryare and

Documentation.

Section 3 GRANT OF LICENSE

3.1 . Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants

to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non-exclusive license

under Motorola's copyrights and Confidential lnformation (as defined in the Primary Agreement) embodied intheSoftware to use the Software, in object code form, and the Documentation solely in connection with Licensee's

use of the Designated Products. This Agreement does not grant any rights to source code.

3.2. lf the Software licensed under this Agreement contains or is derived from Open Source Software, the

terms and conditions governing the use of such Open Source Software are in the Open Source Software


November 20, 2015Use or disclosure of this proposâl is subject


@ Uotorotasolufions Confrdentiat Restricted Contractual Documentation 7-12

Licenses of the copyright owner and not this Agreement. lf there is a conflict between the terms and conditions of

this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use ofthe O[en Source Software, the terms and conditions of the license grant of the applicable Open Source Software

Licenses will take precedence over the license grants in this Agreement. lf requested by Licensee, Motorola will

use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this

Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source

Sóftware License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open

Source Software source code, without charge, if it is publicly available (although distribution fees may be

applicable).

Section 4 LIMITATIONS ON USE

4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordancewith the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature ofthese restrictions, Licensee will not make the Software available for use by third parties on a "time sharing,""application service provider," or "service bureau" basis or for any other similar commercial rental or sharing

arrangement.

4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel

components, decompile, reprogram or othenvise reduce the Software or any portion to a human perceptible form

or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the

Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant

any sublicense orother rights in the Software or Documentation to any third party, or take any action that would

cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter orobscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose,

divulge or make the Software or Documentation available to, or permit the use of the Software by any third party

or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the

Software in a manner that would result in the production of a copy of the Software solely by activating a machine

containing the Software. Licensee may make one copy of Software to be used solely for archival, back-up, ordisaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time

as the original Software is being operated. Licensee may make as many copies of the Documentation as it may

reasonably require for the internal use of the Software.

4.9. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any

third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy

onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may

temporarily transfer Software installed on a Designated Product to another device if the Designated Product is

inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and

identifies the device on which the Software is transferred. Temporary transfer of the Software to another devicemust be discontinued when the original Designated Product is returned to operation and the Software must be

removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary

transfer is discontinued.

4.4. When using Motorola's Radio Service Software ("RSS"), Licensee must purchase a separate license foreach location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does not entitle Licensee

to use or access RSS remotely. Licensee may make one copy of RSS for each licensed location. Licensee shallprovide Motorola with a list of all locations at which Licensee uses or intends to use RSS upon Motorola's request.

4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter,

accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an

independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior

notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and security

regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information

obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely

for the purpose of verifying Licensee's compliance with the terms of this Agreement.




Contractual Documentation 7-13$ uotorota So/uflons Contidentiat Restricted

Section 5 OWNERSHIP AND TITLE

Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software andDocumentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights,trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software andDocumentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations,translations, de-compilations, disassemblies, emulations to or derivative works from the Software orDocumentation, whether made by Motorola or another party, or any improvements that result from Motorola'sprocesses or, provision of information services). No rights are granted to Licensee under this Agreement byimplication, estoppel or othenruise, except for those rights which are expressly granted to Licensee in thisAgreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing

the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola,and Licensee will not have any shared development or other intellectual property rights.

Section 6 LIMITED WARRANTY; DTSCLAIMER OF WARRANTY

6.1 . The commencement date and the term of the Software warranty will be a period of ninety (90) days fromMotorola's shipment of the Software (the "Warranty Period"). lf Licensee is not in breach of any of its obligationsunder this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordancewith the Documentation and this Agreement, will be free from a reproducible defect that eliminates thefunctionality or successful operation of a feature critical to the primary functionality or successful operation of theSoftware. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation.Motorola doés not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted,error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meetLicensee's particular requirements. Motorola makes no representations or warranties with respect to any thirdparty software included in the Software.

6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to usereasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involveeither replacing the media or attempting to correct significant, demonstrable program or documentation errors orSecurity Vulnerabilities. lf Motorola cannot correct the defect within a reasonable time, then at Motorola's option,Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substituteSoftware which will accomplish the same objective, or terminate the license and refund the Licensee's paidlicense fee.

6.3. Warranty claims are described in the Primary Agreement.

6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all otherwarranties (express or implied, oral or written) with respect to the Software or Documentation, including, withoutlimitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for aparticular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, oris otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, orby course of dealing. ln addition, Motorola disclaims any warranty to any person other than Licensee with respectto the Software or Documentation.

Section 7 TRANSFERS

Licensee will not transfer the Software or Documentation to any third party without Motorola's prior writtenconsent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all

applicable license fees and agreeing to be bound by this Agreement. lf the Designated Products are Motorola'sradio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee mayassign its right to use the Software (other than RSS and Motorola's FLASHport@ software) which is embedded in

or furnished for use with the radio products and the related Documentation; provided that Licensee transfers allcopies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer formto be provided by Motorola upon request, obligating the transferee to be bound by this Agreement.




(þ Motorotasolufions Conñdentiat Restr¡cted Contractual Documentat¡on 7-14

Section 8 TERM AND TERMINATION

8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signedby both parties and will continue for the life of the Designated Products with which or for which the Software andDocumentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case thisAgreement and Licensee's right to use the Software and Documentation may be terminated immediately uponnotice by Motorola.

8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola thatall copies of the Software have been removed or deleted from the Designated Products and that all copies of theSoftware and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use

by Licensee.

8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development,marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will

result in irreparable harm to Motorola for which monetary damages would be inadequate. lf Licensee breachesthis Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or inequity (including immediate injunctive relief and repossession of all non-embedded Software and associatedDocumentation unless Licensee is a Federal agency of the United States Government).

Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS

This Section applies if Licensee is the United States Government or a United States Government agency.Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's copyrights or tradesecret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial ComputerSoftware-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided

to the Department of Defense. lf the Software and Documentation are being provided to the Department ofDefense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restrictedrights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS252.227-7013 (OCT 19S8), if applicable. The Software and Documentation may or may not include a RestrictedRights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply,bui only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the

FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction.

Sectionl0 CONFIDENTIALIW

Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary andConfidential lnformation and are Motorola's trade secrets, and that the provisions in the Primary Agreementconcerning Confidential lnformation apply.

Section 11 LIMITATION OF LIABILITY

The Limitation of Liability provision is described in the Primary Agreement.

Section 12 NOTICES

Notices are described in the Primary Agreement.

Section l3 GENERAL

13.1 . COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as anadmission or presumption of publication of the Software or public disclosure of any trade secrets associated withthe Software.


November 20, 2015Use o¡ disclosure of this proposal is subject


Contractual Documentation 7-15@ Uotorota So/ufibns Confidentiat Restricted

13..2. COMPLTANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and

regulations of the United States and Licensee will comply with all applicable laws and regulations, including export

laris and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the

appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or

résn¡p, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or

othenrise furnished toãny person within any territory for which the United States Government or any of its

agencies at the time of the action, requires an export license or other governmental approval. Violation of this

provision is a material breach of this Agreement.

13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations

under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent ofLicensee.

13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they

apply and othenvise by the internal substantive laws of the State to which the Softrruare is shipped if Licensee is a

sovereign governmeni entity, or the internal substantive laws of the State of lllinois if Licensee is not a sovereigngovernmeñt entity. The terms of the U.N. Convention on Contracts for the lnternational Sale of Goods do not

ãpply. ln the event that the Uniform Computer lnformation Transaction Act, any version of this Act, or a

substantially similar law (cotlectively "UCITA") becomes applicable to a party's performance under this

Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement,

or*any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the

applicability of UCITA.

13.S. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and

Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no thirdparty is deemed a benéficiary of this Agreement. Notwithstanding the foregoing, anylicensor or supplier of third

party software included in the Software will be a direct and intended third party beneficiary of this Agreement.

13.6. SURV|VAL. Sections 4, 5, 6.3, 7 , 8,9,10, 1 1 and 13 survive the termination of this Agreement.

19.7. ORDER OF PRECEDENCE. ln the event of inconsistencies between this Exhibit and the Primary

Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this

Eihib¡t, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.

13.8 SECURITY. Motorola's lnformation Assurance Policy addresses the issue of security. Motorola uses

reasonable means in the design and writing of its own Software and the acquisition of third party Softwarelo limit

Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security

Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement.

åççrrdn to io¡mCftY Auom*Y



to ihe restrictions on the cover page.

Contractual Documentation 7'16(þ tøotorota so/uf¡ons Confidentiat Restrìcted

Exhibit E

System Acceptance Gertificate

Gustomer Name:

Project Name:

This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customeracknowledge that:

1. The Acceptance Tests set forth in the Acceptance Test Plan have been successfully completed.

2.The System is accepted.

Customer Representative: Motorola Solutions Representative:

Signature: Signature:

Print Name: Print Name:

Title Title:

Date: Date:

FINAL PROJECT AGGEPTANGE:

Motorola has provided and Customer has received all deliverables, and Motorola has performed all other workrequired for Final Project Acceptance.

Customer Representative: Motorola Solutions Representative:

Signature: Signature

Print Name: Print Name:

Title: Title:

Date: Date:

Lodi Pol¡ce DepartmentFive Position MCC7500 Console Upgrade



Contractual Documentat¡on 7-17@ Uotorotasolufions Confidential Restricted

sEcTl0N I

Lod¡ Pol¡ce DepartmentFive Posit¡on MCC7500 Console Upgrade

OUR COMMITMENTMotorola products are grov/ing and changing, as they have over the years, and Motorola's drive forexcellence has strengthened and intensified. From the five-pound Handie-TalkierM radio to the

lightweight models of today, Motorola has been the leading provider of two-way radio services topublic safety, govemment, transportation, utility, and manufacturing enterprises. Motorola changed

the way the world communicates, from the introduction of the DynaTAC cell phone in 1983 totoday's sleek handsets and innovative technology for mobile telephone service. It is also a keysupplier of integrated systems for automobiles, portable electronic devices, and industrial equipment.

Throughout its history, Motorola has transformed innovative ideas into products that connect people

to each other and the world around them. Moving forward, the company strives to keep its

commitment of make things better and life easier, to make sound recommendations that will guide

you in linking your current and future communication needs and objectives with technology's ever-

evolving promise.

Upon request, your Motorola account executive can provide a prgposal tailored to meet your totalsolution needs.



Our Commitment 8-1@ Uotorota So/afions Conf¡dent¡at Restricted

SOLUTIOf{ DATA SHEETASTRO 25 SCALABLE K CORE CONVENTIONAL SYSÏËM

Meet your conventional system needs today while setting the foundation for tomorrow.

IT'S TIMETO EII'IPOWER YOUH NETWOHK, NOT REPLACE ¡T

Agencies of all sizes are feeling the heat. Their current radio systems simply can't meet today's expectati0ns. Radio users are requesting

capabilities like GPS location, text messaging and database queries. Federal grant money is only available for Project 25 (P25) capable

equipment. Everyone ls talking about narrowbanding. For too long, agencies thought they'd have to entirely replace their networks.

Motorola offers an alternative. Now you can empower your conventional analog and P25 digital conventional network instead of replacing it.

ASTRO 25 SCALABLE K CORECONVENTIONAL SYSTEM

P25 C0NVENTI 0NAL S0LUTl0fi¡ST}IAT S1'PPORÏ. Analog, mixed mode, or digital channels

. Repeater, simulcast, multicast 0r voting topologies

n Heuse of fìelded RF equipment

* Bands:800 MHz. VHF. UHF

PHASED SYSTEM REFHES}IUpgrade your existing system t0 an lP based solution

as budgets allow:

. Upgrade existing consoles to an MCC 7500 or

MCC 7100 lP Dispatch Console

' Reuse existing analog or circuit based RF equipment

. Replace or expand your RF channels as needed

with an analog or digital solution

nRADIOSPORTABLES

AND MOBILE

ASTR0@'25c0Rf

NEW ANALOG CONVENTIONAL PLATFORM

SOLUTION DATA SHEETASTRO 25 STALABTE K COBE CONVENTIONAL SYSÏEM

K COBE CAPACITY. 1 -25 Sìle System

" 50 channels

, Up to 20 lP Dispatch Console positions

OPTIONAT FEATURES

" ASTR0o 25 lntegrated Data and Data Applications Portfolio

- Over the Air Rekeying {OTAR)

- Over the Air Programming {0TAP)

- Advanced Text Messaging Solution

- Outdoor Location

* MACH Alert Fire Station Automation and Alerting

' High Availability through redundant configurations

o Encryption

n NICEo Voice Logging Solution

' M0SCAD

MCC 75flf! IP ÐISPATCH CONSOLE

" Upgrade your existing console to an lP based

solution

o Supports analog and digital conventional features

n Efficient, proven, easy to use GUI

. Secure end to end encryption

r?

MCC 7t00 tP tltsPATcll cot{SOLE. The newest lP Dispatch Console from Motorola

, lnstalls on a PC, laptop or Windows@ 7 tablet

' 0perates on wired or wireless networks

- lnside and outside the ASTR0 25 radio network

- Delivers Project 25 {P25) encrypted voice communications

- Manages trunked and conventional radios

" Uses the familiar and proven MCC 7500 lP Console GUI for

reduced training needs

. Ouickly expand mobile work force communications for:

- Special events

- Backup dispatch centers

- Emergency 0peration Centers

- 0n scene incident command

- Remote senior staff and other approved users

LAY A STRONG FOUNDATION TOß THE FUTURE OT YOUR COMMUNICATIONS

These flextble systems grve you the o,ption to add more sites, more equipment, rn'ore types oT channels and r¡ore featu¡es

as your needs evolve. You will be able to li¡k to other networks f or rnutual aid and ¡oin regronal or statewide networks.

When you're workrng with an ASTR0 25 platform, you have a system you can't outg,r 0w.

SOLUTION DATA SHEEÏASTRO 25 SCALABLË K CORE CONVENTIONAL SYSTEM

GTR S{}SE BASE RAÐIfi ANI} GPW ETTG RESEIVER FOR AN¡ALOG COT\¡IIENTION¡AI-

An analog conventional base radio that is future proofed to handle the LMF technology changes 0fthe next 10-20 years;

software upgradable to:

u Analog 12.5k1zl25k1z

,* P25 Phase I Trunkìng and Convenlional {FDMA and LSM)

u High Performance Data IHPD)

* P25 Phase ll Trunking TDMA

Analog simulcast and non-simulcast voting systems

Directly interfaces to exisìting 4-wire base radio and receiver

equipment at the remote RF sites

' Send and receive text messages with other radìo and SMTP

email users

u Automatically receive dispatch information and B0LOs

u Femotely update status

* Fun CJIS compliant queries

' Convenïional P25 Compliant Linear Simulcast Modulation

* Linear Simulcast Modulation can be used for simulcast or

non-simulcast base radios to provide enhanced coverage over

standard P25 C4FM {Continuous 4 level FM)

, Betire leased line circuits and realize the savings of lP connectlvity

* Motorola offers several Point-to-Point {PTP} solutions thatprovide reliable lP connectivity from comparator to remote sites

M¡-C 8{!88AF¡AL8G OONVEÍ'¡TIOilIAL CüIT,,IFARATCIR FOR fiIHTI.,ITWåRE¡.INE Ail¡I} IP COt'¡NECTIVITYA versatile, compact product platform that allows gradual migration from circuit lo lP networks.

ASTR t@ 25 AÐIIAI\¡ CEÐ lì'l ES SAG I n¡ G Sff Li.'Tlo t\¡

Users can quickly send and receive messages and run database queries directly from theìr data-enabled Mororola 1wo-way radios to make

0n-the-spot decisions and freeing air tìme for critical voice c0mmunicatì0ns. With the Microsoft Windows@ based Advanced Messaging

Solution Smart Client, users can run queries from desktops and laptops and exchange messages with radio users and oïher SMTP email users

.' Audible and visual alerts notify users when information arrives

s C0ntent adapted for radio capability

* Up to 150 pre-definable messages for quick and easy responses

' Pre-defined address lists or user lD entry speeds message

creati o n

l!

SOTUT¡ON DATA SHEETASTRO 25 SCALABLE K CORE CONVENTIONAL SYSTEM

Fo:'mare infcrmatian ebtul ASIÊû1 25 scluTicns and the scalabie tlre configt,:'aIi¡ns, please ccnlact r¡our

hloto ro I a represenieTive a r vi sìt motorolasolutions.corn/A$TR0z5.

Motorola Solutions, lnc- 1301 E. Algonquin Road, Schaumburg. lllinois 60196 U.S.A. motorolasolutions.com

M0Ï0R0LA, M0T0. M0T0B0tA S0LUTI0NS and the Stylized M Logo are trademârks or registered trademarks 0f Motorola Trademark Holdings, LLt and

are used under license. All othertrademarks arethe property oftheir respective owners. @ 2013 Motorola Solutions, lnc. All rights reserved. R3-26-20144

fD N'OTOROLA

rl

ASTR0'25 MCC 7500 lPDISPATCH CONSOLE

PRODUCT SPEC SHEET

MCC 75OO IP DISPATCH CONSOLE

Designed t0 ensure optimal-quality audio,

reliable communication and ease of use

for dispatchers, the MCC 7500 lP Dispatch

Console operator positions connect directly

t0 the ASTR0 25 system for communication

with both trunked and conventional radios,

and for all other dispatch activity.

lntegration 0f the MCC 7500 Console

positions with the ASIR0 25 system

enables full participation in end-to-end

voice encryption for secure communication.priority handling of emergency calls and

agency partitioning. Each console is

centrally configured and managed from the

network manager. providing vital efficiency.

EASY TO USE, TLEXIBLE, AND

CUSTOMIZABTE USER INTERTACE

Featuring the Elite Graphical User lnterface {GUl}, which

has been refned and proven through years of use

in mission critical dispatch operations, the MCC 7500

Console eases migration and minimizes user training

requirements.

The intuitive and familiar GUI is based on Microsoft

Windows@ and uses easily recognized icons and aliases.

The GUI's powerful customization capabilities enable

the colors, sizes and locations of resources on the screens

to be tailored to best meet each individual usert needs.

Designated folders organize resourtes for flexibility

in handling responsibilitìes from shift to shift and

increased efficiency in responding t0 events and incidents.

Trunked and conventional radio channels are customizable

with various controls, such as patch status, frequency

select, coded/clear select and individual volume control,

based on user preferences. Per-channel controls can be fully

or partially shown, or hidden to save space on the screen.

Busy dispatchers can respond to a missed call by simply

clÌcking on an entry in the Activity Log. The number of

calls and call informalion displayed in the Activity Log

is customizable Ìo suit the needs of the user{s}.

Telephone resources are accessed and easily patched

with radio resources within the MCC 7500 Dispatch

Console's GUl, eliminatìng the cost of having addilional

telephone equipment at the dispatch position and

speeding communications between systems.

The status of auxiliary inputs and ouÌputs is conveniently

interpreted from the GUI with the use of familiar graphical

icons, such as a door shown open or closed.

KEY INTEBOPERABILITY FEATURES

Agency PartitioningMultiple agencies can share a system t0 gain

inÌeroperability and cost savings benefits, while still

maintaining control of their own channels, encryption

keys, console configuration and more.

r?

EE

CONSTANT COMMUN¡CATION WHEN IT MATTERS MOST

PRODUCT SPEC SHEET


Priority for EmergenciesTransmit Priority Levels provide an orderly and consistent

method for ensuring higher priority transmissions are able

to take over resources from lower priority transmissions.

0ptimized Patch tunctionalityMCC 7500 Console users can patch communications

between trunked and/or conventional radios that are

normally unable to communicate with each other.

Patched radio users see the lD or alias of the other

patched radio{s), as opposed t0 that 0f the console.

This minimizes confusion and the need forthe dispatcher

t0 intervene in the call. Patches are automatically re-

established if intenupted so the MtC 7500 Console user

can concentrate on continuing operations.

Enhaneed Secure 0perationEncryption and decryption servìces wirhin each dispatch

operator position enable dispatchers to fully particìpate

in secure communicatìons while keeping the sensitive,

vital informat¡0n completely encrypled between the

dispatcher and the radio users.

Dispatchers can interface with agencies thal have

different encryptìon configurations without any manual

intervention or delay. Up t0 60 calls using up to six

different algorithms and multiple secure keys can be

supported simultaneously.

To help reduce dispatcher stress and potential enors

when managing encrypted audio situations, indicators

and alerts are provided when the console mode does

not match that of a received call, as well as when a

patch or multi-select group is being set up betvveen

a mix of clear and secure channels.

MCC 7500 CoNSoLE SotuTl0NCOMPONENTS

MCC 7500 Console 0perator PositionMCC 7500 Console operator positions connect directly to

the radio system's lP transport network without gateways

or interface boxes. Audio processing, encryption,

and switching intelligence for dispatch is performed

within each software-based 0perator position, without

additional centralized electronics. MCC 7500 Consoles

function as integrated components ofthe total radio

system. enabling full participation in system level features

such as end-to-end encryption and agency part¡ti0nìng.

Operator position hardware consists of a monitor, personal

c0mputer, keyboard and mouse/trackball/ touchscreen,

speakers, audio accessories and a Voice Processor Module

IVPM). The VPM allows analog devices to be connected

to the digital console. The low-profile VPM can be rack

mounted, furniture mounted or placed on the desktop.

The MCC 7500 Console does not require separate

conf guration or performance management equipment.

The console system is confgured and managed by the

radio syslem's configuration manager, fault manager

and performance reporting applications to provide

the customer with a single point for configuring

and managing the entire radio system. Changes are

automatically distributed throughout the system. This

centrallzed approach saves valuable time and effort

for system administrators and technìcians. Aliases

for Radio PTT lDs may be managed both locally and

centrally in the same system t0 provide agencies

sharing an ASTR0 25 radio sysTem with the flexibility to

meet theìr alias managemenl needs.

CONVENTIONAL GATEWAY

The Conventional Channel Gateway {CCGW} enables

both analog and digital channels to interface with

MCC 7500 Consoles with no need for a separate

hardware network and channel banks. Convenrional calls

are transported belween the dispatch 0perator positions

and CCGWs on the same lP network as vunked calls.

A CCGW provides Z-wirel4-wire analog ports for analog

channels, V.24 ports for older ASTR0 25 conventional

channels and lP connectivity for current architecture

ASTR0 25 c0nvenlional channels. Fnhanced digital

control of consolettes can be achieved by using a

combination of analog andV.24 ports. CCGWs are

available in two capacities. The standard density CCGW

supports up to eight "port based" channels and up to

sìxteen "lP based" channels for a total of twenty four

channels. The high density CCGW supports up to sixteen"poft based" channels and up t0 sixteen "lP based"

channels for a total of thirty two channels.

The 2-wire/4-wire analog ports support tone remote and

ear and mouth (E&M) station control. The V.24 ports and

lP connections support dlgital station control while a

combination of analog and V.24 p0rts support enhanced

digital control of consolettes. The CCGW also supports

sìmple analog, MDC 1200 analog, digital-only and

mixed-mode analog/digital channels.

AUXITIARY INPUT/OUTPUT SERVER

The auxiliary input/output server enables console

operators to control and monitor external devices, such

as doors and lights, from the console user interface.

Since the MCC 7500 Console does not rely 0n centralized

electronics, contact closures and input buffers required to

interface t0 these devices are housed in Remote Tetminal

Units {BTUs). These BTUs can be physically located close

to where they are needed or at any console or radio

frequency {RF) site. The dispatch consoles and RTUs

communicate with each other across The radio system's lP

transport network.

ARCHtVTNG TNTERFACE SERVER {AlS}The AIS is a digital logging interface. comprised of apersonal c0mputer and a voice processor module (VPM).

Fach AIS works with an lP-based logging recorder. Audio

and call control information is sent across the lP network

between the AIS and recorder. Highly configurable, the

MCC 7500 Console logging solution includes:

' Hecorded audio quality equivalent to audio heard at

console position

n lnformation associated with radio calls recorded in

addition to the call audio.

PRODUCT SPEC SHEET


. Dispatcher- and radio-initiated events 0n radio channels

(such as changing the frequency, sending an alarm)

are recorded.

" Recorder capacity based on the number of radio

transmissions needed to record simultaneously,

not 0n the number of channels it may record.

. Agency partitioning, enhancing control over which

resources are recorded by what agency or department.

n Security and fault management centÍalized at the

radio system's nerwork manager.

SPECtflCATt0NS

CONSOLE TETEPH ONY MEDIA GATEWAYS

Media gateways are used to provide dispatchers with

access to analog P0TS and/or T1lE1 phone lines directly

from their MCC 7500 Console positions. The Session

lnitiation Protocol {SlP} is used to communicate with

the media gateways across the console lP network. A

rich set 0f telephony features is supported by the media

gateways, enabling dispatchers to do their iobs more

eff ectively and efficiently.

System Compatibility ASTfl0o 25 System and PremierÛne" CAD Applìcalion

Vocoder Algor¡thms supported AIVBE, IMBE. ACELP, G.728. G.71 1

Encryplion Algorìrhms supporred AES {256 bir}, DES-OFB. DVI-XL. ADP {Advanced Digital Pr¡vacy}, DES-XL, DVP-XL

n¡lonitor requ¡remenlsWith lvlouse or Trackball

Touchscreen

1 7" m¡n¡mum, 20" recommended

20" m¡nimum

Voìce Processor Module {VPM)

connect¡ons ConnectortypefiJ45

DB15

Ilevice0ne deshop microphone, eighl deskop speakers, one local loqging

recorder. one radio inslant recall recorder, one console ìelephony ¡nslanl

recall recorder, one exlernal lelephone set, one external pagìng encoder,

one footswitch

Two headset jacks connectors

VPM mounting options EIA 19" rack mount. console furniture mount, Desktop - supports monìtor up to 80 lbs

VPM aud¡o ¡nputs and oulputs 600 0hm. balanced and translormer coupled {except íor microphone which ìs 2000 0hm, bslanced. and does not

use a transformer)

Speaker Mount¡ng 0ptions Desktop, furnilure mount, or wall mount lw¡Îh bracket êccessoryl

D¡spatch Console Cable Lenglhs VPM to Speaker cable

VPM to Heêdsel Jack rable

Headset Jack Extension cable

VPM to Microphone cable

VPM to Footswilch cable

1 0.1 feeÌ {3.09 metersl standard

6 feel (1.8 melersl standard

6 feet {1.8 melersl standard

10 feet {3.05 meters} standard

10 feet 13.05 meters) slandard

Supported Console Site

link types

Fractional T1lE1, S¡ngle TllE1, Mult¡ple T1Æ1s

Redundant and n0n-redundanl versions lP site links

MCC 75í10 D¡spatch

Console Capac¡ties

Up to 60 sìmultaneous audìo sessions per operator position

Up t0 60 simuhaneous encryption/decrypti0n sessions per secure capðble operðtor position

Up ro 3 l\ilult¡-Select groups per 0perator posilion {whh up to 20 members pe¡ Multì-Select groupì

Up to 16 Patch groups per operalor p0s¡1¡0n iw¡lh up to 20 members per Patch groupl

Up t0'160 resources per operator posit¡on

Conventional Channel Galeway Rack mounlâble, 1 rack unit h¡gh

T1 H1, T282, T4R4, T8fi8, T12R1 2. T1 481 4 channels

Simple analog, IVDC 1200 ana¡og, pure digital. mixed mode {¿nalog/digital) channels, consoleltes

Standard density CCGWs provide ¡nterfaces for up to four analog conventional channels

High dens¡1y CCGWS provide interfêces for up t0 e¡ght anal0g convent¡onal channels

Each analog conventìonal channel ìnlerface contains the following inpuls and oulputs

" 600 0hm, balanced analog audio input - To accept radio audio fom lhe channel. Can be configured 1o support

A0C, DLM. or no input conditionlng.

' 600 0hm, balanced anal0g aud¡o output - T0 send console lransm¡t audì0 t0 the channel

' 600 0hm. balanced anal0g audi0 output - To send console transmit and radio receive audio to a logging recorder

" 1 Amp, 24 VDC relay outpút - For relay keyÌng 0f the channel

" lnput buffer - To detect Car¡er 0perated Helay {C0ñ} closure in the channel

' lnput buffer - Io detect Line 0perated Busy Light {L0BL) closure in the channel

. lnput buffer - lo detect Coded/Clear closure on an Advanced Securenet channel

Standard dens¡ty CCGWs provide inlerfaces for up to fourV.24 based ASTBÛ 25 conventìonal channels

High density CCGWs provìde interfaces for up to eightV24 based ASTB0 25 conventional channels

' V.24 10 stêt¡0n or comparator. No D¡gilal lnterface Unit lDlU) required.

Standard density CCGWs can support up to 24 conventional channels simultaneously { four analog + four V.24

based ASTfl0 25 conventional + sixteen lP based ASIñ0 25 conventional)

High density CCGWs can support up to 32 conventional channels simultaneously { eight anal0g + e¡ghtV.24 based

ASTR0 25 conventìonal + sineen lP based ASTR0 25 conventional)

PßODUCT SPEC SHEET


SPECIFICATIONS

Auxiliary lnput/0utputServer Hardware

A s¡mpl¡fiod, user-friendly vers¡on of the M0SCAD SDM 3000 RIU ¡s used 10 support most Aux l/0 needs.

fhe output rolays are capable of sw¡tching 1A @ 24VDC or'lA @ 24VAC. lnput buffers are capable of sonsing a dry

closure through 1000 feet or less (¡ound trip) of 24 AW6 wire. The RTU provides single pole Form A relay outputs.

lDouble pole, Form B or Form C relays must be implemented using external relays which are controlled by lhe BTU relays.)

Auxiliary lnpul0utput Gapacilies f{umber of 0utput Relays

Single SDM 3000 RTU 16

Single SDM 3000 FTU 32

whh 1 expansion chass¡s

Sinsle SDM 3000 BTU 48

w¡th 2 expansion chass¡s

Itlumbor of lnput Bufforc

48

s6

144

Auxìliary lnput/0utput lvlounting Ëach SDM 3000 BTIJ and each SDM 3000 RTU Expansìon Chassis ìs rack mountable in a standard 1g lnch rack ênd

is one rack un¡t high.

Console Telephony Media Gatewêy The P0TS version gat€way supports up to eight analog PoTS línes. The EllT1 version gateway supports up t0 two E1 0r

two Tl connectìons. Each gatewav ¡s rack m0untable in a standard 19 inch rack ãnd ¡s 1 rack unit hi9h.

SIZE AND WEIGHT

Device Height vuidrh Deplh Weight

VPM 1.75 in 144.5 mm) 16.9 ìn {430 mm} 12.3 in {312 mmì 3.6 lbs {1.6 kg)

Speaker 4.9 in {124 mm} 4 ¡n {102 mm) Wilhout bracket:

3.5 ìn I89 mm)

Wìth bracket:

5.8 in {146 mm)

0.7 lbs (0.3 kg)

Headset Jack 1.6 in {41 mm} 5 in {127 mml 6 in 1152 mm) 1.2 lbs {0.5 k$

Microphone Gooseneck at 900:

4.5 in 1114 mml

Gooseneck at 180u:

21.8 ln {552 mml

4.8 in 112l mml 6.6 in {168 mm) 2.4 lbs {'1.1 kg}

POWER AND CONSUMPTION THERMAT

Device Power lnput Thermal 0utput

VPN/I 0.4 Amps at 120VAC

0.2 Amps at 240VAC

171 BTUs/hour

Speaker Add 0.05 Amps per speaker

to VPM power ¡nput at 1 Z0VAC

10.025 Amps at 240VAC)

Add 15 BlUs/hour per speaker

to vPM thermal output

Headset Jsck & Microphone negligible negligible

CERTIFICATIONS

The various hardware elements 0f the Motorola MCC 750û lP Dispatch Console product line are cert¡fied lo meel

the requirements for CSA and CE.

Safety csA 60950-1-03

8N60950-1 2001

EMt Emissìons & lmmunily FCC part 15 Class A

tcEs-003

EN55022 1998 + A1: 2001 + A2:2003 ICISPH-22 Class A)

EN55024 + A1:2001 + A2:2003

EN61000"3-2 2000

8N61000-3-3 1995 + A1:2001

Ênergy Efficiency

IPVM power supply only)

lnternallonal Energy Efficìency Level V

Motorola Solutions, lnc. 1301 E. Algonquìn Road. Schaumburg, lllinois 60196 U.S.A. molorola'com/d¡spatch

M0I0HOtA, M0T0, M0T0R0LA S0LUTI0NS ðnd the Styl¡zed M Logo are trademarks or registered trademarks of Motorola Trademark Hold¡ngs, LLC and are

used under license. Microsoft and Wìndows are reg¡st8rsd trademarks of Microsoft Corporatìon ìn the United States and olher countr¡es. All other trademarks

arethepropertyofthe¡rrespectiveowners.@2012|\ilotorolaS0lutions,lnc.Allrightsreserved. R3-13-2013C

(Ð HOTOROLA

21 MARCH 2016LODI POLICE DEPARTMENT

MCCTs()O DISPATCHCONSOLESMAI NTENANCE PLAN

(Ð no. onoLA

The design, technical, pricing, and other information ("lnformation") fumished with th¡s submission is propr¡etary information of Motorola Solutions, lnc.

fMotorola") and ¡s subm¡tted with the restriction that it is to be used for evaluat¡on purposes only. To the fullest extent allowed by applicable law, thelnformation is not to be disclosed publicly or ¡n any manner to anyone other than those requ¡red to evaluate the lnformation without the express writtenpermission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Hold¡ngs,

LLC and are used under license. SYMBOL is a trademark owned by Symbol Technologies, lnc., which is a wholly owned subsidiary of MotorolaSolutions, lnc. All other trademarks are the property of their respective owners. @ 2013 Motorola Solutions, lnc. All rights reserved.

TABLE OF CONTENTS

Section 1

Maintenance Plan ........

1.1 The Motorola Service Delivery Team...

1.1.1 Customer Support Manager.............

1.1.2 Motorola System Technologists.......

1.1.3 Motorola System Support Center...............1.1.4 Motorola Local Service Provider

1.1.5 Dispatch Service......1.1.6 On-Site lnfrastructure Response

1.1.7 Network Preventative Maintenance

1.1.8 lnfrastructure Repair...1.1.9 lnfrastructure Repairwith Advanced Replacement

1.1.1O Technical Support Service

1.2 Post Warranty Maintenance Services.1.3 Summary..

1-1

1-1

1-1

1-1

1-1

1-2

1-2

1-2

1-2

1-2

1-3

1-3

1-3

1-3

@ motorota So/ufions Conf¡dent¡al Restricted Table of Contents i

sEcTloN r

MAI NTENANCE PLANMotorola has over 75 years of experience supporting mission critical communications for public

safety and public service agencies. Motorola's technical and service professionals use a structured

approach to life cycle service delivery and provide comprehensive maintenance and support

throughout the life of the system. The value of support is measured by system availability, which is

optimized through the use of proactive processes, such as preventive maintenance, fault monitoring

and active response management. System availability is a function of having in place a support plan

delivered by highly skilled support professionals, backed by proven processes, tools, and continuous

trarung.

THE MOTOROLA SERVICE

DELIVERY TEAM

Customer Support Manager

Your Motorola Customer Support Manager providescoordination ofsupport resources to enhance the qualityofservice delivery and to ensure your satisfaction. The

Customer Support Manager (CSM) is responsible tooversee the execution of the Wa:ranty and ServiceAgreement and ensure that Motorola meets its response

and restoration cycle time commitments. The CSM willsupervise and mærage the Motorola Authorized Servicer'sfunctions.

Motorola System TechnologistsThe Motorola System Technologists (ST) are available toassist Motorola's Authorized Servicers when needed.

Motorola System Support Center

Located in Schaumburg, Illinois, the System Support Center (SSC) is a key component to the overallmanagement and system maintenance. As detailed in this Customer Support Plan, the followingservices are provided by the System Support Center:

r Network Monitoring. Dispatch Serviceo Infrastructure Repair with Advanced Replacemento Technical Support

1.1

1.1.1

1.1.2

1,1.3

Extensive Experience-Motorolahas over 75 years of experiencesupporting mission criticalcommunications and the PublicSafety community.Capacity to Respond-Motorola'snetwork of local service centers,repair depots, system supportcenter and parts support enableMotorola to provide quick andeffective service delivery.Flexibility and Scalability-Motorola's Support Plans arecustomized to meet individualCustomer needs.Skills and Process-Motorola usesa well-established, structured, anddisciplined approach to provideservice delivery. Motorola's team ofwell-trained and committed peopleunderstands the comm unicationstech business

Motorola has proven experience todeliver mission critical network support

@ tøotorota So/uflons Confidentiat Restricted Maintenance Plan 1-1

1.1.4

'1.1.5

1.1.6

1.',|.7

1.1.8

Motorola Local Service ProviderMotorola's authorized service centers are staffed with trained and qualified technicians. They providerapid response, repair, restoration, installations, removals, programming, and scheduled preventivemaintenance tasks for site standards compliance and RF operability. Motorola's authorized servicecenters are assessed annually for technical and administrative competency.

Motorola places great emphasis on ensuring that communications systems, such as the one proposedfor Lodi Police Dept., meet high standards for design, manufacture, and performance. To enhance thevalue of the communications system being acquired, Motorola offers customizedwananty and post-

warranty services as outlined in this section.

Dispatch ServiceMotorola's Dispatch Service ensures that trained and qualified technicians are dispatched to diagnose

and restore your communications nefwork. Following proven response and restoration processes, thelocal authorized service center in your area is contacted and a qualified technician is sent to your site.

An automated escalation and case management process is followed to ensure that technician site

arrival and systan restoration comply with contracted response and restore times. Once the issue has

been resolved, the System Support Center verifies resolution and with your approval, closes the case.

Activity records are also available to provide a comprehensive history of site performance, issues, andresolution.

On-Site lnfrastructure ResponseMotorola On-Site Infrastructure Response provides local, trained and qualified technicians who arriveat your location to diagnose and restore your communications network. Following proven responseand restore processes, Motorola's System Support Center contacts the local authorized service centerin your area and dispatches a qualified technician to your site. An automated escalation and case

management process ensures that technician site arrival and system restoration comply withcontracted response times. The field technician restores the system by performing first leveltroubleshooting on site. Ifthe technician is unable to resolve the issue, the case is escalated to the

System Support Center or product engineering teams as needed.

Network Preventative Maintenance

Network Preventative Maintenance provides an operational test and alignment on your infrastructureor fixed network equipment to ensure that it meets original manufacturer's specifications. Trainedtechnicians:

. Physically inspect equipmento Remove dust and foreign substances. Clean filtersr Measure, record, align and adjust equipment to meet original manufacturer's specifications

This service is performed based on a mutually agreed schedule. Network Preventative Maintenanceproactively detects issues that may result in system malfunctions and operational intemrptions.

lnfrastructure RepairInfrastructure Repair service provides for the repair of all Motorola-manufactured equipment, as wellas equipment from third-party infrastructure equipment that Motorola has provided. All repair

1-2 Maintenance Plan Motorola So/ufions Contidential Resfrbfed @

management is handled through a central location eliminating your need to send equipment tomultþle locations.

Comprehensive test labs replicate your network in order to reproduce and analyze the issue. State-of-

the-art, industry-standard repair tools enable our technicians to troubleshoot, analyze, test, and repairyour equipment. Our ISO9001 and Tl90O0-certified processes and methodologies ensure that yourequipment is quickly returned maintaining the highest quality standards.

Service agreements allow you to budget your maintenance costs on an annual basis. Equipmentcovered under service agreements also receives higher service priority, which results in quicker repairtimes.

lnfrastructure Repair with Advanced Replacement

Infrastructure Repair with Advanced Replacement supplements your spares inventory withMotorola's centralized inventory of critical equipment. In advance of Motorola repairing the

malfunctioning unit, a replacement unit is sent to you within 24 hours to ensure a spare unit isavailable. Upon receipt of the malfunctioning unit, Motorola repairs the unit and replaces it in ourcentralized inventory.

Technical Support ServiceMotorola Technical Support service provides an additional layer of support through centralized,

telephone consultation for issues that require a high level of communications network expertise and

troubleshooting capabilities. Technical Support is delivered by the System Support Center (SSC). The

SSC is staffed with trained, skilled technologists specializing in the diagnosis and swift resolution ofnetwork performance issues. These technologists have access to a solutions database as well as inhouse test labs and development engineers. Technical Support cases are continuously monitoredagainst stringent inbound call management and case management standards to ensure rapid and

consistent issue resolution. Technical Support service translates into measurable, customer-specific

metrics for assured network performance and system availability.

POST WARRANTY MAINTENANCE SERVICES

As Motorola's continuing commitment to supporting your system, r¡/arranty services can be extended

after the first year to provide maintenance and service support in future years. Any of the services that

we identi$ can be customized in future years, and are available for purchase in "System Support

Services" package offerings. These systern support services significantly benefit Lodi Police Dept.

because the system can be effectively supported after the warranty period, thereby maximizing the

operational capabilities and useful life of the system and protecting your investment in the system.

SUMMARYWhether it's a routine service call, or a disaster situation, Motorola understands its responsibility and

takes pride in its commitment to deliver proven response service to the public safety community.Motorola has the capability to provide the technical, administrative, consultative, and maintenance

repair services needed to support, enhance, and maintain the effectiveness of your communicationsnetwork. Motorola's goal is to provide Lodi Police Dept. with the services and qualified resoutces, tomaintain and improve system operation and availability, and to deliver world-class service support.

Yens2-7 Maintenance Service support services are outlined in Table 1-l and 1-9.

1.1.9

1.1.10

1.2

1.3

@ uotorota So/ufibns Conf¡dentiat Restricted Maintenance Plan 1-3

Table 1-l: Years 2-7 Services Overview

Table l-9: Years 2-7 Services Pricing Overview

OptionalDispatch Service

OptionalOn Site lnfrastructure Response

OptionalNetwork Preventative Maintenance

OptionalI nfrastructure Repair with Advanced Replacem ent

OptionalTechnical Support Service

Years 2-7 Maintenance Service Overview Optional Maintenance ServicesAvailable for Years (2-7)

$978.81 s978.81 $978.81 $978.8'l$978.81 $978.81D¡sDatch Serv¡ce

s19.351.89s1s.162.71 $15.920.85 $16.716.89 $'t7,552.73 $18,430.37Ons¡te lnfrastructure ResponseService

s2.152.37 s2.259.99s1.770.76 $1.859.30 $1.952.27 $2,049.88Nêtwork Preventat¡ve Ma¡ntenance

s7.4s7.20 $7.809.06 $8.199.52 $8,609.49 $9,039.97lnfrastructure Repair w/ Adv ReplService $7,083.0s

s2.812.15 s2.952.75s2.313.56 82.429.24 $2.550.70 s2,678.23Technical Suooort

s30.007.73 s31.459.18 $32.983.20 $34.583.42$27.308.90 $28,625.40Total Maíntenance ServicesPricinq

YEAR 2STANDARDIZED SERVICES YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7

ADF;ûsa¡ñÆff

14 Maìntenance Plan MotorolaSo/ufions Conñdential Resfrlded @

INDEX TO LEGAL DOCUMENTS

NON-BANK QUALIFIED, NON-APPROPRIATION-BASED, ESCROW FUNDEDTAX-EXEMPT DISPATCH CONSOLE PROJECT EQUIPMENT LEASE.PT]RCHASE AGREEMENT

DATED JUNE 22,2016 BY AI\D BETWEENHOLMAN CAPITAL CORPORATION

AI\DCITY OF LODI

Lease Documents:

Tab 1: Dispatch Console Project Equipment Lease-Purchase Agreement;

Tab 2: Exhibit A - Equipment Schedule;

Tab 3: Exhibit B - Notice and Acknowledgment of Assignment;

Tab 4: Exhibit C-l - Insurance Coverage Request;

Tab 5: Exhibit C-2 - Self-Insurance Rider (if applicable);

Tab 6: Exhibit D - Essential Use Certificate;

Tab 7: Exhibit E - Incumbency Certificate;

Tab 8: Exhibit F - Opinion of Lessee's Counsel;

Tab 9: Exhibit G -Intentionally Omitted

Tab 10: Bxhibit H - Post Issuance Tax Compliance Procedures;

Tab I l: Exhibit I - Escrow Agreement;

Tab 12: Resolution of Lessee;

Tab 13: UCC-I Financing Statement with attached Schedule A (to be filed by the Investor);

Tab 14: Form 8038-G;

Tab 15: Closing MemorandumÆayment Proceeds Direction; and

Assienment Documents (Lessor and Investor Only):

Tab 16: Assignment Agreement with Schedule A thereto.

Bimzuix

Houunru CRprru ConponAnoN

City of Lodi / Holman Capital CorporationDispatch Console Project Equipment Lease-Purchase Agreement

Page I ofllJune22,2016

DISPATCH CONSOLE PROJECT

EQUIPMENT LEASE.PURCHASE AGREEMENT

L Agreement. Subject to the terms and conditions contained in this Dispatch Console ProjectEquipment Lease-Purchase Agreement dated June 22, 2016 (this "Lease Agreemenf'), HoLMAN CAIITALConpoRerIoN, as lessor ('ol-essor"), whose mailing address is 29883 Santa Margarita Parkway, Suite 100, RanchoSanta Margarita, CA 92688, hereby purchases from and agrees to sell, transfer and lease back to the CITv oF LoDI, as

lessee ("Lessee"), whose mailing address is22l W. Pine Street, Lodi, CA 95240, and Lessee hereby sells to andagrees to acquire, purchase and lease back from Lessor, the items of personal property (together with any replacementparts, additions, substitutions, repairs or accessories now or hereafter incorporated in or affixed to it, hereinafterreferred to collectively as the "Equipmenf') described in Exhibits A-1 and A-2 altachedhereto. The Lease Agreementand Equipment Schedule shall constitute the "Lease."

2. Term, The term of this Lease (the o'Lease Term") begins as of the Commencement Date stated inExhibit A and shall continue so long as any amounts remain unpaid hereunder. The Lease Term will terminate uponthe first to occur of: (a) the exercise by Lessee of the option to purchase the Equipment pursuant to Paragraph 10,(b) Lessor's election to terminate this Lease pursuant to Paragraph 16, (c) Lessee's option to terminate this Leasepursuant to Section 3, and (d) the paynent by Lessee of all sums required to be paid by Lessee hereunder.

2.5. Escrow Agreement. On the Commencement Date, Lessor and Lessee shall enter into an escrowagreement (an "Escrow Agreement") dated the Commencement Date, between Lessor, Lessee, and Deutsche BankNational Trust Company, as escrow agent, relating to the escrow fund (anooEscrow Fund") created thereunder. On theCommencement Date, Lessor shall deposit: $562,387.00 into the Escrow Fund to be held in escrow and applied uponthe express terms and conditions of the Escrow Agreement; for the acquisition of the equipment which shall bedisbursed as provided for in the Closing Memorandum and/or Escrow Agreement, each of even date herewith.

3. Rental Payments. Lessee agrees to pay the rental payments hereunder for the Lease Term in theamounts and on the dates identified in Exhibit A. Payment of all rental payments and other amounts payablehereunder shall be made to Lessor at its above-stated address or as it shall otherwise designate in writing. As set forthin Exhibit A, a portion of each rental payment is paid as, and represents payment of, interest, and the balance of eachrental pa¡rment is paid as, and represents payment of, principal.

Notwithstanding any provision to the contrary in this Lease Agreement, Lessee may terminate this Lease atthe end ofany fiscal year oflessee as identified in Exhibit A (a "Fiscal Year") ifsufficient frrnds are not appropriatedby Lessee's governing body to pay rental payments and other amounts due hereunder during the next succeedingFiscal Year (an "Event ofNonappropriation"). Lessee hereby agrees to notify Lessor at least 30 days prior to the lastday of its then current Fiscal Year of the occurrence of an Event of Nonappropriation or, if nonappropriation has notoccurred by that date, promptly upon the occurrence ofan Event ofNonappropriation.

Lessee represents and warrants that: (a) it has made suffrcient appropriations or has other legally availablefunds to pay all rental payments hereunder due during the first Fiscal Year hereunder; (b) the officer of Lesseeresponsible for budget preparation will do all things lawfully within his/her power to obtain appropriated funds for thepayment of rental payments and other amounts required to be paid hereunder in each next succeeding Fiscal Year forthe Lease Term; and (c) Lessee acknowledges that Lessor has relied upon these representations as an inducement toenter into this Lease. Ifan Event ofNonappropriation hereunder shall occur, Lessee agrees, at Lessee's sole cost andexpense, to comply with the provisions ofSection 16(c) and (d), ifand as applicable, on or before the effective date oftermination.

Lessee's obligation to pay rental payments and any additional amounts payable hereunder constitutes acurrent obligation payable exclusively from legally available funds and shall not be construed to be an indebtednesswithin the meaning of any applicable constitutional or statutory limitation or requirement.

4. Essentiality. Subject to Paragraph 3 of this Lease Agreement, Lessee's present intention is to makerental payments for the Lease Term as long as it has sufficient appropriations or other legally available funds. Lesseerepresents that, with respect hereto, (a) the use and operation of the Equipment is essential to its proper, efficient, andeconomic governmental operation and (b) the frinctions performed by the Equipment could not be transferred to other


Page2ofllIune22,2016

equipment available for its use. Lessee does not intend to sell or otherwise dispose of the Equipment or any interesttherein prior to the last rental payment scheduled to be paid hereunder. On the Commencement Date, Lessee shallcomplete and provide Lessor a certificate in the form of Exhibit D.

5. Disclaimer of Warranties. LESSEE REPRESENTS THAT IT HAS SELECTED THEEQUIPMENT PRIOR TO HAVING REQUESTED LESSOR TO FINANCE THE SAME. LESSEE AGREESTHAT LESSOR HAS NOT MADE ANY, AND MAKES NO, REPRESENTATIONS OR WARRANTIES OFA¡{Y KIND OR NATURE, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO ANY MATTERWHATSOEVER, INCLUDING (WITHOUT LIMITATION) THE SUITABILITY OF THE EQUIPMENT,ITS DURABILITY, ITS FITNESS FOR ANY PARTICULAR PURPOSE, ITS MERCHANTABILITY, ITSCONDITION, ITS CAPACITY, ITS OPERATION, ITS PERFORMAI\CE, ITS DESIGN, ITS MATERIALS,ITS WORKMA¡{SHIP AND/OR ITS QUALITY. AS BETWEEN LESSEE AND LESSOR, LESSEE LEASES,PURCHASES AND ACQUIRES THE EQUIPMENT "AS IS" "WHERE IS'AND rMTH ALL FAULTS."Lessor hereby assigns to Lessee, to the extent that it may lawfully do so, so long as no Event of Default and no EventofNonappropriation shall have occurred and be continuing hereunder, all rights and benefits that Lessor may haveunder any warrarfiy, gvaraîW or the like that may be made with respect to the Equipment by the manufacturer, sellerand/or supplier identified on Exhibit A hereto or any Acceptance Certificate delivered in connection herewith(collectively, the "Vendor") thereof. Lessor shall not be liable to Lessee or any third party for any loss, damage,iqjury or expense of any kind or nature caused directly or indirectly by any of the Equipment or the use ormaintenance thereof or any defect therein, the failure of operation thereof or by any intemrption of service or loss ofuse thereof or for any loss of business or damage whatsoever and howsoever caused. Lessor makes no warranty as tothe treatment of this Lease for tax or accounting purposes or as to the compliance of the Equipment with applicablegovernment regulations or requirements. Lessee agrees to look solely to the Vendor for any claim arising from anydefect, breach of warranty, failure or delay in delivery, mis-delivery or inability to use the Equipment for any reasonwhatsoever and Lessee's obligations to Lessor hereunder shall not in any manner be affected thereby, including(without limitation) Lessee's obligations to pay Lessor all rental payments and other amounts payable hereunder.Lessee has selected both the Equipment and the Vendor and acknowledges that Lessor has not participated in any wayin Lessee's selection of the Equipment or the Vendor. Lessor has no obligation to install, erect, test, adjust, service ormaintain the Equipment.

6. Delivery and Acceptance; Quiet Enjoyment. Lessee shall accept the Equipment for whichdisbursement is requested from the Escrow Fund upon its delivery and authorizes Lessor to insert on Exhibit A theserial numbers and any additional description of the items of Equipment so delivered. As evidence of that acceptance,Lessee shall execute and deliver to Lessor a Certificate of Acceptance in the form attached as Exhibit A to the EscrowAgreement. Regardless of whether Lessee has furnished a Certificate of Acceptance pursuant to this Paragraph 6, bymaking a rental payment after its receipt of the Equipment, Lessee shall be deemed to have accepted the Equipmenton the date of such rental payment for purposes hereof. During the Lease Term, Lessee shall be entitled to quietenjoyment of the Equipment, subject to the terms of this Lease Agreement.

7. Use of Equipment; Maintenance and Repairs. Lessee shall keep the Equipment within the Stateat the "Equipment Location" stated in Exhibit A and Lessee shall not remove any of the Equipment therefrom withoutLessor's prior written consent. Lessee shall use the Equipment in a careful manner and shall at all times, at its soleexpense, keep the Equipment in good operating condition, repair and appearance and comply with all laws,ordinances, regulations or requirements of any govenìmental authority, official, board or department relating to itsinstallation, possession, use or maintenance. Lessee shall not make any alterations, additions, or improvements to theEquipment that are not readily removable without causing damage to or reducing the value of the Equipment. Allalterations, additions, or improvements not readily removable shall become properfy of Lessor.

8. Security Interest; Title to Equipment. (a) The provisions of this Section 8(a) apply generally to allEquipment, regardless of the type, and the Escrow Fund (if anylapplicable): To secure the performance of all ofLessee's obligations hereunder, Lessee hereby grants to Lessor, and Lessor shall have and retain, a securþ interestconstituting a first priority and perfected lien and securþ interest on the Equipment delivered hereunder and on anyattachments, proceeds, warranty rights, gvaranfy proceeds, and other amounts related thereto. Lessee agrees toexecute and deliver such additional documents and information, including, without limitation, opinions of counsel,financing statements, landlord-tenant or mortgagee waivers, information necessary for fixture filings, notices andsimilar instruments, in form satisfactory to Lessor, that Lessor deems necessary or appropriate to establish andmaintain its securþ interest in the Equipment or for the confirmation or perfection of Lessor's rights hereunder. As

City of Lodi / Holman Capital CorporationDispatch Console Project Equipment Lease-Purchæe Agreement

Page3ofllJune22,2016

further security therefor, Lessee hereby grants to Lessor a fust priority security interest in the cash and negotiableinstruments from time to time in the Escrow Fund and all proceeds (cash and non-cash) thereof. Lessor shall have allthe rights and remedies of a secured party under the applicable Uniform Commercial Code with respect to any of theforegoing. Lessee, at its expense, will protect and defend Lessee's rights in the Equipment and Lessor's rights andinterests therein and will keep the Equipment free and clear from any and all claims, liens, encumbrances and legalprocesses of Lessee's creditors and other persons. Lessor shall have the right during normal hours, upon reasonableprior notice to Lessee, to enter upon the premises where the Equipment is located in order to inspect the Equipmentandlor any books or records related thereto.

(b) Solely with respect to Equipment that is not comprised of vehicles and dwing the Lease Term,ownership and legal title of all of the Equipment and all substitutions, repairs, modifications, and replacements shallbe in Lessee, and Lessee shall take all necessary action to vest such ownership and title in Lessee. Lessor does notown the Equipment, and, by this Lease, Lessor is merely financing the acquisition of the Equipment for the Lessee.Lessor has not been in the chain oftitle, does not operate, control or have possession or control over the Equipment, orLessee's use, maintenance, operation, storage, or maintenance of the Equipment. Lessee is entitled to use andpossession of the Equipment, subject to the rights of Lessor hereunder (including its interest in the Equipment as thelessor hereunder). IfLessor terminates this Lease pursuant to Paragraph l6(a) hereofor an Event ofNonappropriationoccurs hereunder, all rights, title, and interests in the Equipment shall immediately vest in Lessor free and clear of anyright, title or interest of Lessee and Lessor shall be entitled to all applicable remedies set forth in Section l6(b) and (c)hereunder. Lessee, at its expense, will protect and defend Lessee's rights in the Equipment and Lessor's rights andinterests therein and will keep the Equipment free and clear from any and all claims, liens, encumbrances and legalprocesses ofLessee's creditors and other persons.

(c) Solely with respect to Equipment consisting of vehicles, the provisions of this Section 8(c) shallapply: Lessee agrees to either cause the original registration of Lessor or its assignee as legal owner of the Equipmentor endorse the certificate of ownership showing Lessor or its assignee as legal owner (as required by Section 6301 ofthe California Vehicle Code). Lessee agrees to execute and deliver such additional documents, including, withoutlimitation, opinions of counsel, MSOs/Certificates of Origin, Title Applications, notices and similar instruments, inform satisfactory to Lessor, that Lessor deems necessary or appropriate to establish and maintain its security interestin the Equipment or for the confirmation or perfection of Lessor's rights hereunder. During the Lease Term, Lesseeshall be the owner (as defined in Section 460 of the California Vehicle Code) of the Equipment entitled to use andpossession of the Equipment, subject to the rights of Lessor hereunder, which is the legal owner (as defined in Section370 of the California Vehicle Code) of the Equipment. If Lessor terminates this Lease pursuant to Paragraph 16hereof or an Event of Nonappropriation occurs hereunder, all rights, title, and interests in the Equipment shallimmediately vest in Lessor free and clear of any right, title or interest of Lessee and Lessor shall be entitled to allapplicable remedies set forth in Section 16(b) and (c) hereunder.

9. Personal Property. The Equipment shall be and remain personal propefty notwithstanding themanner in which it may be attached or affixed to reaþ. Lessee covenants that, unless Lessee owns the premises inwhich the Equipment is to be located and such premises are not subject to any mortgage or lease, at Lessor's request,Lessee shall provide Lessor with a waiver from each landlord andlor mortgagee of the premises in which theEquipment is to be located of any rights that such landlord and/or mortgagee may have in respect of any of theEquipment.

10. Purchase of Equipment by Lessee; Prepayment. At the option of Lessee, and provided that noEvent of Default has occurred and is continuing hereunder, Lessor's interest in all, but not less than all, of theEquipment will be transferred, conveyed and assigned to Lessee, and this.Lease shall terminate: (a) upon payment infull of the rental payments and all other payments then due hereunder or (b) on any rental payment date hereunder,provided Lessee shall have delivered written notice at least 30 days prior to such date of Lessee's intention topurchase the Equipment pursuant to this provision, by paying to Lessor, in addition to the rental payment due on suchdate and all other amounts then due and owing hereunder, an amount equal to the concluding payment (the"Concluding Payment") shown for such rental payment date in the rental payment schedule in Exhibit A. Lessee shallnot have the option to purchase the Equipment hereunder as provided in the foregoing clause (b) on any rentalpayment date hereunder for which a Concluding Payment is not stated in the rental payment schedule.

I l. Risk of Loss. Lessee shall bear the entire risk of loss, theft, destruction of or damage to theEquipment or any part thereof from any cause whatsoever during the Lease Term and thereafter until redelivery to alocation designated by Lessor, and shall not be relieved of the obligation to pay rental payments or any other

City of Lodi / Holman Capital Corporation Page 4 of l lDispatch Console Project Equipment Lease-Purchase Agreement June22,20l6

obligation hereunder because of any such occurrence. If (a) the Equipment or any portion thereof hereunder isdestroyed (in whole or in part) or is damaged by fire or other casuaþ or (b) title to, or the temporary use of, theEquipment or any part thereof hereunder is taken under the exercise of the power of eminent domain, Lessee shallimmediately notiff Lessor. Lessee and Lessor shall cause the net proceeds of any insurance claim (including selÊinsurance) or condemnation award to be applied, at Lessor's option, to (i) the prompt repair, restoration, modificationor replacement of the Equipment so affected or (ii) the pa),rnent in full of the then applicable Concluding Paynent.Any balance of net proceeds remaining after completion of such work or payment of such Concluding Payment shallbe paid promptly to Lessee. If the net proceeds are insufficient to pay the costs of such repair, restoration,modification or replacement or to pay such Concluding Payment in firll, Lessee shall, at Lessor's direction, eithercomplete the work or pay the then applicable Concluding Payment in full and in either case pay any cost in excess ofthe amount of net proceeds, but only from legally available funds.

12. Insurance. (a) Insurance Policies. If Lessee is not self-insured (as hereafter provided), Lesseeshall, at its expense, keep the Equipment fully insured against loss, fre, theft, damage or destruction from any causewhatsoever in an amount not less than the greater of (a) the amount of the then applicable Concluding Payment, or(b) the full replacement cost of the Equipment without consideration for depreciation. Lessee shall also provide suchadditional insurance against injury, loss or damage to persons or propefty arising out of the use or operation of theEquipment as is customarily maintained by the owners of like propeúy, with companies satisfactory to I,essor. Eachpolicy shall provide that, as to the interest or coverage oflessor or Lessor's assignee, the insurance afforded therebyshall not be suspended, forfeited or in any manner prejudiced by any default or by any breach ofwarranty, conditionor covenant on the part oflessee. Iflessee shall fail to provide any such insurance required hereunder or, within ten(10) days after Lessor's request therefor, shall fail to deliver the policies or certificates thereofto Lessor, then Lessor,at its option, shall have the right to procure such insurance and to add the full cost thereof to the rental payment nextbecoming due, which Lessee agrees to pay as additional rent. All such insurance shall be in form, issued by suchinsurance companies and be in such amounts as shall be satisfactory to Lessor, and shall provide that losses, if any,shall be payable to Lessor and its successors andlor assigns as "loss payee," and all such liabilþ insurance shall nameLessor and its successors andlor assigns as an "additional insured." Lessee shall pay the premiums for such insuranceand deliver to Lessor a certification in the form of ExhibitC-l and satisfactory evidence of the insurance coveragerequired hereunder on or before the Commencement Date of the Lease, but in no event not later than the date onwhich an Acceptance Certificate is executed with respect to any Equipment hereunder. Lessee hereby irrevocablyappoints Lessor as Lessee's attorney-in-fact to make claim for, receive payments of and execute and endorse alldocuments, checks or drafts received in payment for loss or damage under any such insurance policy.

(b) Self-Insurance. If Lessee is self-insured (including any self-insured retentions and deductibles) withrespect to any of the Equipment, the Equipment will be self-insured under an actuarially sound selÊinsurance programthat is subject to Lessor's prior written consent and approval. If the Lessee shall maintains during the Lease Termsuch actuarially sound self-insurance program and in lieu of the coverage required under Section l6(a) hereunder,Lessee will, at all times, provide Lessor a certification in the form of Exhibit C-2 together with evidence of the self-insurance program in form and substance satisfactory to Lessor. The approval of self-insurance, self-insuredretentions, and deductibles are all subject to Lessor's approval and prior written consent, which shall be based on theLessor's then current credit underwriting practices.

13. Fees; Taxes and Other Governmental Charges; Liens. Lessee covenants and agrees at all timesto keep the Equipment free and clear ofall levies, liens (other than those created hereunder) and encumbrances, and topay all charges, taxes and fees (including any recording or stamp fees or taxes) that may now or hereafter be imposedupon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment and shall give Lessorimmediate written notice of any of the foregoing. If any of same shall remain unpaid when due, Lessor may pay sameand add such payment to the rental payment next becoming due, as additional rent. Lessee shall execute and deliverto Lessor upon Lessor's request such further instruments and documents containing such other assurances as Lessordeems necessary or advisable for the confirmation or perfection of Lessor's rights hereunder or to otherwise effectuatethe intent of this Lease.

14. Release. To the extent not prohibited by law, Lessee shall release, defend and save Lessor, itsofficers, employees, agents, servants, successors and assigns, harmless from any and all liabilities (including, withoutlimitation, negligence, tort and strict liability), damages, expenses, claims, actions, proceedings, judgments,settlements, losses, liens and obligations, including (without limitation) attorneys' fees and costs ("Claims"), arisingout of the ordering, purchase, delivery, rejection, non-delivery, ownership, selection, possession, operation, control,

Cify of Lodi / Holman Capital CorporationDispatch Console Project Equipment Lease-Purchase Agreement

Page 5 ofllJune22,2016

use, condition, maintenance, transportation, storage,repak, return or other disposition of the Equipment, any claimsarising under federal, state or local environmental protection and hazardous substance clean up laws and regulationsand any claims of patent, trademark or copyright infringement or, if Lessee shall be in default hereunder, arising outof the condition of any item of Equipment sold or disposed of after use by Lessee, including (without limitation)claims for injury to or death of persons and for damage to property. The indemnities, assumption of liabilities andobligations herein provided shall be payable solely from funds legally available for such purpose and shall continue infull force and effect notwithstanding the expiration, termination or cancellation of this Lease for any reasonwhatsoever. However, Lessee shall not be obligated to indemniff Lessor from Claims arising from the achtal, provenand proximate gross negligence, bad faith, fraud or willful misconduct of Lessor.

15. Àssignment; Subleasing. LESSEE SHALL NOT ASSIGN, PLEDGE, MORTGAGE, SUBLETOR OTHERV/ISE TRANSFER OR ENCUMBER ANY OF ITS RIGHTS UNDER THIS LEASE, THE ESCROV/AGREEMENT (INCLUDING THE ESCROW FUND CREATED TIIEREITNDER) OR IN TI{E EQUIPMENT ORANY PART THEREOF, NOR PERMIT ITS USE BY ANYONE OTHER THAN LESSEE AND ITS REGULAREMPLOYEES, WITHOUT LESSOR'S PRIOR WRITTEN CONSENT. ANY SUCH PURPORTED TRANSFER,ASSIGNMENT OR OT}IER ACTION WITHOUT LESSOR'S PRIOR WRITTEN CONSENT S}IALL BE VOID.

Lessor may, af any time and from time to time, assign, transfer or otherwise convey all or any part of itsinterest in the Equipment, this Lease, and the Escrow Agreement (including the Escrow Fund created thereunder),including, but not limited to, Lessor's rights to receive the rental payments hereunder or any part thereof (in whichevent Lessee agrees to make all rental payments thereafter to the assignee designated by Lessor) without the necessþof obtaining Lessee's consent, provided, however, Lessor will deliver to Lessee prior written notice of an assignment.No such assignment, transfer or conveyance shall be effective until Lessee shall have received a written notice ofassignment that disclosçs the name and address of each such assignee. During the term of this Lease, Lessee shallkeep, or cause to be kept, a complete and accurate record of all such assignments with respect hereto in formnecessary to comply with Section 149 of the Internal Revenue Code of 1986, as amended (the "Code"). Lessee agrees(unless otherwise stated), if so requested, to acknowledge any such assignment in writing within 15 days after requesttherefor in the form attached as Exhibit B hereto. Lessee further agrees that any moneys or other property received byLessor as a result ofany such assignment, transfer or conveyance shall not inure to Lessee's benefit.

16. Events of Default; Remedies. (a) Each of the following events constitutes an "Event of Default"hereunder: (i) Lessee fails to pay in full the rental payment due hereunder on any date upon which such rentalpayment is due; (ii) Lessee fails to comply with any other agreement or covenant of Lessee hereunder for a period of30 days following receipt of written notice of violation of such agreement or covenant and demand that such violationbe remedied; (iii) Lessee institutes any proceedings under any bankruptcy, insolvency, reorganization or similar law ora receiver or similar officer is appointed for Lessee or any of its property; (iv) any wananty, representation orstatement made in writing by or on behalf of Lessee in connection herewith is found to be incorrect or misleading inany material respect on the date made; (v) actual or attempted sale, lease or encumbrance of any of the Equipment orthe making of any levy, seizure or attachment thereof or thereon; or (vi) Lessee defaults in its obligations under anyother agreement for borrowing money, lease financing of property, or otherwise receiving credit and the obligeethereunder (or trustee on its behalf) is permitted to exercise any remedies under the agreement.

(b) Immediately upon the occurrence of an Event of Default hereunder, Lessor may terminate this LeaseAgreement, the Lease, or Lessee's rights hereunder and may demand: (i) payment of the Concluding Payment,together with all Rental Pa)¡ments and other amounts that may been appropriated through the end of the then currentFiscal Year; (ii) upon return (if applicable as per Section 16(c) of this Lease Agreement), if the Equipment is damagedor otherwise made less suitable for the purposes for which it was manufactured than when delivered to Lessee, Lesseeagrees, at its option, to (a) repair and restore the Equipment to the same condition in which it was received by Lessee(reasonable wear and tear excepted) or (b) pay to Lessor the reasonable costs ofsuch repair and restoration.

(c) Following any Event of Default of Event of Nonappropriation hereunder, Lessee hereby agrees, atits expense, to surrender promptly to Lessor at such location in the continental United States as Lessor shall direct,which shall not be greater than 250 miles from its then cunent location. If the Equipment is unable to be retumed,Lessee has not delivered the Equipment as requested, or following Lessor's election in lieu of taking possession of theEquipment, either: (a) Lessee will permit Lessor or its agents to enter the premises where the Equipment is thenlocated and take such Equipment and exercise all legally permitted rights of repossession, or (b) Lessee will agree torefrain from using such Equipment and purge any and all software, programming, operating systems, manuals and



hard or electronic copies ofthe Equipment or any part thereofand certifu the foregoing to the Lessor. In the event ofany such repossession, Lessee shall execute and deliver such documents as may reasonably be required to restore titleto and possession of the Equipment to Lessor, free and clear of all liens and secwity interests to which the Equipmentmay have become subject. If Lessor is able to (x) recover any Equipment, (y) sell or otherwise liquidate theEquipment following an Event of Default or an Event of Nonappropriation, and (z) realizes net proceeds (afterpayment of costs) in excess of total rental payments that would have been paid during the Lease Term plus any otheramounts then due hereunder, Lessor shall immediately pay the amount of any such excess to Lessee. Such right ofrepossession and the right to recover all amounts appropriated through the end ofthe then current Fiscal Year shallconstitute the Lessee's sole remedies following an Event of Nonappropriation.

(d) If Lessor terminates this Lease Agreement andlor the Lease under this Paragraph 16 or an Event ofNonappropriation occurs hereunder and in either case Lessee continues to use the Equipment or if Lessee otherwiserefuses to pay rental payments hereunder due during a Fiscal Year for which Lessee's governing body has

appropriated sufficient legally available funds to pay such rental payments due hereunder, Lessor (i) may declare therental pa¡rments due and owing for the Fiscal Year for which such appropriations have been made to be immediatelydue and payable; (ii) shall be entitled to bring such action at law or in equþ to recover money and other damages

athibutable to such holdover period for the Equipment; and (c) will be entitled to recover interest thereon at theDefault Rate (as defined below).

(e) Lessor shall also be entitled to exercise any or all remedies available to a secured party under theapplicable Uniform Commercial Code and all other rights and remedies that Lessor may have at law or in equity. Allrights and remedies of Lessor shall be cumulative and not alternative. Lessor's failure to exercise or delay inexercising any right or remedy shall not be construed as a waiver thereof, nor shall a waiver on one occasion beconstrued to bar the exercise of any right or remedy on a future occasion. Lessee agrees to reimburse Lessor for anyexpenses reasonably incurred by Lessor with respect to the enforcement of any of the remedies listed above or anyother remedy available to Lessor, but only from legally available funds.

17. Late Payments. Whenever any rental payment or other amount payable to Lessor by Lesseehereunder is not paid within ten (10) days ofthe regularly scheduled due date (or ifnot a regularly scheduled due date,then the due date specified in an undisputed invoice), Lessee agrees to pay Lessor a late charge on the delinquentamount at the rate of one percent (1%) per month, or the maximum amount permitted under applicable law, whicheveris less (the o'Default Rate"). Such amount(s) shall be payable solely from legally available funds in addition to allamounts payable by Lessee as a result of the exercise of any of the remedies herein provided.

18. Rental Payments to Be Unconditional. Except as expressly set forth in this Lease Agreement(including Paragraph3), Lessee agrees that as of the Commencement Date, Lessee's obligations underthe Lease areabsolute and unconditional and shall continue without set-off, deduction, counterclaim, abatement, recoupment, orreduction and regardless ofany disabilþ ofLessee to use the Equipment or any part thereofbecause ofany reasonincluding, but not limited to, war, act of God, governmental regulations, strike, loss, damage, destruction,obsolescence, failure of or delay in delivery or failure of the Equipment to operate properly.

19. Tax Covenants. Lessee agrees that it will not take any action that would cause the interestcomponent of rental payments hereunder to be or to become ineligible for the exclusion from gross income of theo\ryner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in a timelymanner, any action which omission would cause the interest component of rental payments hereunder to be or tobecome ineligible for the exclusion from gross income of the owner or owners thereof for federal income taxpurposes. Lessee agrees to (a) execute and deliver to Lessor, upon Lessor's request, a tax certificate and agreement(the terms and conditions of which shall be fully incorporated by reference herein) in form and content acceptable toLessor and Lessee, relating to the establishment and maintenance of the excludability from gross income of theinterest component of rental payments hereunder for federal income tax purposes; (b) complete and file in a timelymanner an information reporting return as required by the Code; and (c) rebate an amount equal to excess earnings onthe Escrow Fund to the federal govemment if required by, and in accordance with, Section 148(f) of the Code, andmake the determinations and maintain the records required by the Code. Any tax certificate or agreement executedpursuant hereto shall be fully incorporated by reference herein.

Lessee represents that neither Lessee nor any agency or unit oflessee has on hand any propercty, includingcash and securities, that is legally required or otherwise restricted (no matter where held or the source thereof) to be


Page 7 of11June22,2016

used directly or indirectly to purchase the Equipment. Lessee has not and will not establish any funds or accounts (nomatter where held or the source thereof) the use of which is legally required or otherwise restricted to pay directly orindirectly rental payments hereunder. Lessor and Lessee certiff that, so long as any rental payments hereunder remainunpaid, moneys on deposit in the Escrow Fund will not be used in a manner that will cause this Lease to be classifiedas an "arbitrage bond" within the meaning of Section 148(a) of the Code.

If Lessee breaches the covenants contained in this Paragraph19, the interest component of rental paymentshereunder may become includible in gross income of the owner or owTìers thereof for federal income tax purposes. Insuch event, Lessee agrees to pay promptly after any such determination of taxability and on each rental payment datethereafter to Lessor an additional amount determined by Lessor to compensate such o\ryner or owners for the loss ofsuch excludability (including without limitation, compensation relating to interest expense, penalties or additions totax), which determination shall be conclusive (absent manifest error).

It is Lessor's and Lessee's intention that this Lease not constitute a "true" lease for federal income taxpurposes and, therefore, it is Lessor's and Lessee's intention that Lessee be considered the owner of the Equipmenthereunder for federal income tax purposes.

20. Lessee Representations and Warranties. Lessee hereby represents and warrants to and agrees

with Lessor that:

(a) Lessee is a city and body corporate and politic of the State of California, within the meaning ofSection 103(c) of the Code, and will do or cause to be done all things necessary to preserve and keep in full force andeffect its existence as such.

(b) Lessee has the power and authority under applicable law to enter into the transactions contemplatedby this Lease and the Escrow Agreement and has been duly authorized to execute and deliver this Lease and theEscrow Agreement and to carry out its obligations hereunder and thereunder. Lessee has provided to Lessor a full,true and correct copy of a resolution or other appropriate official action of Lessee's governing body specificallyauthorizing Lessee to execute and deliver this Lease and the Escrow Agreement and all documents contemplatedhereby and thereby. Lessee has provided to Lessor a full, true, and correct copy of an Incumbency Certificate insubstantially the form attached as Exhibit E hereto relating to the authority of the officers who have executed anddelivered this Lease and who will execute and deliver this Lease and the Escrow Agreement and all documents inconnection herewith and therewith on behalf of Lessee.

(c) All requirements have been met and procedures have occurred in order to ensure the enforceabilityof this Lease and the Escrow Agreement, and Lessee has complied with such public bidding requirements, if any, as

may be applicable to the transactions contemplated by this Lease and the Escrow Agreement.

(d) Lessee is not subject to any legal or contractual limitation or provision ofany nature whatsoeverthatin any way limits, restricts or prevents Lessee from entering into this Lease and the Escrow Agreement, or performingany of its obligations hereunder or thereunder, except to the extent that such performance may be limited bybankruptcy, insolvency, rcorganizalion or other laws affecting creditors' rights generally.

(e) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by anycourt, public board or body, known to be pending or threatened against or affecting Lessee, nor to the best knowledgeof Lessee is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adverselyaffect the transactions contemplated by this Lease or the Escrow Agreement, or any other agreement or instrument towhich Lessee is a party and that is used or contemplated for use in the consummation of the transactions contemplatedby this Lease or the Escrow Agreement. All authorizations, consents, and approvals of governmental bodies oragencies required in connection with the execution and delivery by Lessee of this Lease and the Escrow Agreement orin connection with the carryng out by Lessee of its obligations hereunder and thereunder have been obtained.

(Ð The payment of the rental payments or any portion thereof hereunder is not (under the terms of thisLease) directly or indirectly (i) secured by any interest in propefty used or to be used in any activþ carried on by anyperson other than a state or local governmental unit or payments in respect of such property; or (ii) on a present valuebasis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be usedin any activþ carried on by any person other than a state or local governmental unit. The Equipment will not beused, directly or indirectly, in any activþ carried on by any person other than a state or local government unit. Noportion of the purchase price for the Equipment will be used, directly or indirectly, to make or finance loans to any

City of Lodi / Holman Capital CorporationDispatch Console Proiect Equipment Lease-Purchæe Agreement


person other than Lessee. Lessee has not entered into any management or other service contract with respect to theuse and operation of the Equipment.

(g) The entering into and performance of this Lease Agreement, the Lease, and the Escrow Agreementwill not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute adefault under, or result in the creation of any lien, charge, securþ interest, or other encumbrance upon any assets ofLessee or on the Equipment pursuant to an indenture, mortgage, deed of trust, bank loan or credit agreement, or otherinstrument to which Lessee is a party or by which it or its assets may be bound, except as herein provided.

(h) Lessee's name as indicated on the fust page of this Lease Agreement is its true, correct, andcomplete legal name.

(Ð The useful life of the Equipment will not be less than the Lease Term hereof.

ú) Lessee has entered into this Lease for the purpose of purchasing, acquiring, and leasing theEquipment and not for the purpose of refinancing any outstanding obligation of Lessee more than 90 days in advanceof its payment or prepayment date. The purchase price for the Equipment has been or will be paid directly by Lessorfrom the Escrow Fund to the Vendor, and no portion of the purchase price for the Equipment has been or will be paidto Lessee as reimbursement for any expenditure paid by Lessee more than 60 days prior to the execution and deliveryhereof.

(k) The application, statements, and credit or financial information submitted by it to Lessor are trueand correct and made to induce Lessor to enter into this Lease and the Escrow Agreement.

(l) During the term of this Lease, Lessee shall (i) provide Lessor, no later than ten days prior to the endof each Fiscal Year (commencing with the current Fiscal Year), with crurent budgets or other proof of appropriationfor the ensuing Fiscal Year and such other information relating to Lessee's ability to continue the Lease Terrn for thenext succeeding Fiscal Year as may be reasonably requested by Lessor and (ii) furnish or cause to be furnished toLessor, at Lessee's expense, as soon as available and in any event not later than 180 days after the close ofeach FiscalYear, the audited financial statements of Lessee at the close of and for such Fiscal Year, all in reasonable detail,audited by and with the report of Lessee's auditor.

(m) On the Commencement Date, Lessee shall cause to be executed and delivered to Lessor an Opinionof Lessee's Counsel in substantially the form attached as Exhibit F hereto.

(n) Lessee shall pay the excess (ifany) ofthe actual costs ofacquiring the Equipment hereunder overthe amount deposited by Lessor in the Escrow Fund and interest earnings thereon.

(o) Lessee has experienced no material change in its financial condition since the date of its lastprepared financial statements, which was June 30, 2015.

(p) Lessee acknowledges that: (a) Lessor is acting solely for its own account and not as a fiduciary forLessee or in the capacity of broker, dealer, municipal securities underwriter or municipal advisor; (b) Lessor has notprovided, and will not provide, financial, legal, tax, accounting or other advice to or on behalf of Lessee with respectto its acquisition of the Equipment; and (c) Lessee has sought and obtained financial, legal, tax, accounting and otheradvice (including as it relates to structure, timing, terms and similar matters) with respect to this Lease from itsfinancial, legal and other advisors (and not Lessor) to the extent that Lessee desired to obtain such advice.

21. Execution in Counterparts; Chattel Paper. This Lease Agreement and the Equipment Schedulemay be executed in several counterparts, each of which shall be an original and all of which shall constitute but oneand the same instrument; provided, however, that only Counterpart No. I of this Lease Agreement and EquipmentSchedule hereof shall constitute chattel paper for purposes of the applicable Uniform Commercial Code.

22. Applicable Law. This Lease Agreement and the Lease shall be construed under the laws of theState of California.

23. Binding Effect; Severability; Survival. This Lease shall not become effective until accepted byLessor at its herein-described o{fice, and upon such acceptance shall inure to and bind the parties, their successors,legal representatives, and assigns. No provision of this Lease that may be construed as unenforceable shall in any wayinvalidate any other provision hereof, all of which shall remain in full force and effect.



24. Miscellaneous Provisions. Any notice to apaff hereunder shall be deemed given when mailed tothat party by certified mail, retum receipt requested, at its address set forth herein or such other address as either maydesignate for itself in such notice to the other. This Lease and the Escrow Agreement constitute the entire mutualunderstanding of the parties regarding the subject matter hereof and thereof and may not be modified except inwriting, sigrred by the parry against whom such modification is asserted. Upon the request of Lessor, Lessee shall atany time and from time to time execute and deliver such further documents and do such further acts as Lessor mayreasonably request in order fully to effect the purposes hereof and any assignment hereof. If a court with competentjurisdiction rules that the interest rate charged hereunder exceeds the maximum rate of interest allowed by applicablelaw, then the effective rate of interest hereunder shall be automatically reduced to the maximum lawful rate allowableunder the applicable laws.

fRemainder of page intentionally left blankJ


Page 10 ofllJune22,2016

THE UNDERSIGNED IIEREBY AGREE TO ALL OF THE TERMS AND CONDITIONS AS SET FORTH INTHIS DISPATCH CONSOLE PROJECT EQUIPMENT LEASE-PURCHASE AGREEMENT.

Holvax C¿pIrnl ConponerloN, Lessor Clrv or LoDI, Lessee

By: x By: x

Counterpart No. _ of three manually executed and serially numbered counterpafis. To the extent that this LeaseAgreement constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security orownership interest herein may be created through the transfer or possession ofany Counterpart other than CounterpartNo. 1.

tFür¡¡lb;try Cfty AtnuY

Lance S. HolmanPresident & CEO


Name: Jordan AyersTitle: Deputy City Manager

Page 1l ofllJune22,2016

EXHIBITAEQUIPMENT SCHEDULE TO DISPATCH CONSOLE PROJECT EQUIPMENT LEASE-PTJRCHASE

AGREEMENTDATED JUNE 22,2016

1. DESCR]PTION OF THE EQUIPMENT:

The "Equipment" consists of a Project to purchase Motorola MCC7500 Dispatch consoles together with allhardware, software and services to be purchase by the City of Lodi listed below and financed by this EquipmentSchedule dated June 22,2016 to that Lease Agreement dated Íune 22,2016 by and between Holman CapitalCorporation and the Cþ of Lodi, including, without limitation, the following:

r Total Cost %oîTotal00 40.16%

312,398.00 : ,r:55o/:00 4.29%

, Net Financíns Amount 1:AO.At/o

together with all accessories, attachments, substitutions and accessions.

2. EeUIIMENT LoCATIoN: The Equipment will be generally located at the Locations set forth above, for the

corresponding addresses are set forth below. If Locations for Equipment vary from those set forth herein, they willbe more fully set forth on each Acceptance Certificate.

215 V/. Elm Street

Lodi, CA95240

3. RENTAL PAvMENT ScHEDULE: The rental payments shall be made for the Equipment as follows:

PAYMENT

NUMBER01

2J

45

678

910

ll12

13

l415

l6t718

t9202l22232425262728

Dispatch Equipment

Syltem lmplementation

s

DATEDUE

06122120160912212016t2/22/2016031221201706/22120t7091221201712/22/201703122/207806122120t80912212018

t2l22D0t803122120t906122/20t909122120t9t2/22/201903/2212020061221202009/2212020t2122/2020031221202t06/22D02109n212021121221202t

031221202206/22/2022091221202212122/202203122/202306/22/2023

TOTAL RENTAL

PAYMENTDUE

$ 21,635.01$ 21,635.01$ 21,635.01

s 21,635.01$ 21,635.01

s 21,635.01$ 21,635.01$ 21,635.01

$ 21,635.01$ 21,635.01$ 21,635.01$ 21,635.01$ 21,635.01

$ 21,635.01$ 21,635.01$ 21,635.01s 21,635.01$ 21,635.01

$ 21,635.01s 2r,635.01$ 21,635.01

$ 21,635.01$ 21,635.01

$ 21,635.01s 21,635.01s 21,635.01$ 21,635.01$ 21,635.01

INTEREST

CoMPoNENT

$ 2,924.41g 2,827.12s 2,729.32$ 2,631.01

s 2,532.19s 2,432.85$ 2,333.00g 2,232.63I 2,131.74s 2,030.32$ 1,928.38$ 1,825.90s 1,722.89$ 1,619.35s 1,515.27

$ 1,410.65$ 1,305;48

s 1,199.77

$ 1,093.50s 986.69s 879.32

$ 771.39s 662.90$ 553.84I 444.22$ 334.038 223.26s 111.8s

PruNcIperCoMPoNENT

$ 18,710.60$ 18,807.89$ 18,905.69$ 19,004.00

s 19,102.82s 19,202.16

$ 19,302.01$ 19,402.38I 19,503.27$ 19,604.69s 19,706.63$ 19,809.11

s 19,912.12

$ 20,015.66E 20,119.748 20,224.36s 20,32953$ 20,435.24$ 20,541.518 20,648.32

s 20,755.69

s 20,863.62$ 20,972.11$ 21,081.17s 2r,190.79$ 21,300.98s 21,411.75g 21,523.16

CONCLUDINGPAYMENT*

$$$$

$$$

$$

$$$

$

$$

$

$$

$$$$

$

$$$$

$

554,549.93535,365.88516,082.08496,698.00477,213.12457,626.92437,938.87418,148.44398,255.10378,258.32358,157.56337,952.27317,641.90297,225.93276,703.79256,074.95235,338.83214,494.88193,542.54172,481.26151,310.45130,029.56108,638.01

87,135.2165,520.6143,793.6121,953.62

$ 605,780.28 $ 43"393.28 $ 562.387.00

A-1

* Assumes that all rental payments qnd additional rentals due on andprior to that date hqve beenpaid.

4. INTERESTRATP: 2.080%ó

5. COMMENCEN,ßNTD¡,TE: Jwte22,20t6

6. ScHEDULED LeAse TpRu: 7 Years

7. Lessee's current Fiscal Year extends from July 1,2015.

8. The terms and provisions of the Dispatch Console Project Equipment Lease-Pwchase Agreement described

above (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are

hereby incorporated into this Schedule by reference and made a part hereof.

9. Lessee hereby represents, warrants, and covenants that (i) its representations, warranties, and covenants set

forth in the Dispatch Console Project Equipment Lease-Pwchase Agreement (particularly Paragraph 20 thereof) are

true and correct as though made on the date of execution of this Schedule, and (ii) sufficient funds have beenappropriated by Lessee for the payment of all rental payments due under this Schedule during Lessee's currentFiscal Year.

10. Interest, if any, accruing from the Commencement Date to the actual date of funding shall be retained byLessor as additional consideration for entering into this Schedule No. 01.

CITY OF LODI,as Lessee

HOLMAN CAPITAL CORPORATION,as Lessor

By:Name: Lance S. HolmanTitle: President & CEO

By:Name: Jordan AyersTitle: Deputy City Manager

Counterpart No. _ of three manually executed and serially numbered counterparts. To the extent that thisSchedule constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security orownership interest herein may be created through the transfer or possession of any Counterpart other thanCounterpart No. l.

Agrudrto CW AücrseY

A-2

EXHIBIT B

NOTICE AND ACKNOWLEDGEMENT OF SALE OF RENTAL PAYMENTS ANDASSIGNMENT OF'LEASE AGREEMENT AI\D ESCRO\M AGREEMENT

Holman Capital Corporation ("Lessor") and the City of Lodi ("Lessee") have entered into an DispatchConsole Project Equipment Lease-Purchase Agreement and Equipment Schedule thereto both dated Jwrc 22,2016(the "Lease Agreement"), under which Lessee has, or will have prior to its execution hereof, leased equipment (the" Equipment ") described therein.

Lessee is hereby notified that Lessor has assigned its right, title, and interest in and to the Lease Agreement,the leased Equipment, and the rental payments as permitted by the Lease Agreement.

Lessee is hereby directed to pay any and all rental payments and other amounts due under the Lease

Agreement to Signature Public Funding Corp. and/or its affiliates, successors, or assigns, as Lessor's assignee (the"Assignee"), as directed by the Assignee or a paying agent acting on behalf of Assignee, pursuant to the instructionscontained in any invoice or notice.

By signing this Notice and Acknowledgment, Lessee agÍees that it will pay all amounts due under theLease Agreement as directed in the invoice without any set-off or deduction whatsoever notwithstanding any defectin, damage to or requisition of any of the Equipment leased under the Lease Agreement, any other similar ordissimilar event, any defense, set-off, counterclaim or recoupment arising out of any claim against Lessor orAssignee.

Lessee further acknowledges and agrees that Assignee has not assumed any of Lessor's obligations orduties under the Lease Agreement or made any warranties whatsoever as to the Lease Agreement or the Equipment.Lessee agrees that no change may be made to the Lease Agreement without the prior written consent of Assignee.

By signing this Notice and Acknowledgment, Lessee warrants that its representations and warranties underthe Lease Agreement are true and correct on the date hereof.

Date: June 22,2016 CITY oF LoDI,as Lessee


AtFld r to lìor0AtomcYthËtty

B-1

EXHIBIT C-l

INSTJRANCE CERTIFICATION

[complete gþ if Lessee is not self-insured]

Holman Cap ifal Corporation29883 Santa Margarita Parkway, Suite 100

Rancho Santa Margarita, C A 92688Iune22,2016

Re: Dispatch Console Project Equipment Lease-Purchase Agreement datedJune22,2016

In connection with the above-referenced Lease Agreement, City of Lodi, as lessee (the "Lessee") certifiesthat it has instructed the insurance agent named below (please fiIl in name, address, and telephone number):

Name of Agent:Address:Phone:to issue:

Liability Insurance. Lessee is required to maintain public liability insurance, personal injuryand property damage with policy limits of $3,000,000.00. The policy should be endorsed to

X name Signature Public Funding Corp. (the assignee of Holman Capital Corporation) as an

additional insured.

Casualty Insurance. Lessee is required to maintain all risk extended coverage, maliciousmischief and vandalism insurance for the Equipment described in the above-referenced

X Equipment Schedule in an amount not less than the greater of $562,387.00 or the fuIlreplacement cost of the Equipment. Such insurance shall be endorsed to name SignaturePublic Funding Corp. as a lender loss payee with respect to such Equipment.

The required insurance should also be endorsed to give Sigrrature Public Funding Corp. at least 30 daysprior written notice ofthe eflective date ofany material alteration or cancellation ofcoverage, and an endorsementconfirming that the interest of Signature Public Funding Corp. shall not be invalidated by any actions, inactions,breach ofwarranty or conditions or negligence ofLessee.

Proof of insurance coverage wiii be provided to Signature Pu'oiic Funding Corp. prior to and/orcommensurate with the later of the Commencement Date of the Lease or the delivery and acceptance of theEquipment.

Very truly yows,

CrrvorLou,as Lessee


c-1

EXHIBITC.2

[complete qly if Lessee þ self-insured]

Holman Capital Corporation29883 Santa Margarita Parkway, Suite 100Rancho Santa Margarita, CA 92688

hne22,2016

Re: Dispatch Console Project Equipment Lease-Purchase Agreement dated June 22,2016

In connection with the above-referenced Lease Agreement, Cþ of Lodi, as lessee (the "Lessee")certifiesthat it participates in an actuarially sound self-insurance program for property damage and public liability risks.

The following is attached (check all that apply):

n Lefier from risk manager describing self-insurance program

tr Other evidence of Lessee's participation in self-insurance program

Very truly yours,

CrrvoF Loor,as Lessee


c-2

1

)

-t

4

5

6.

EXHIBIT I)

ESSENTIAL USE CERTITICATE

Holman Capital Corporation29883 Santa Margarita Parkway, Suite I 00Rancho Santa Margarita, CA 92688

Re:

hne22,2016

Dispatch Console Project Equipment Lease-Purchase Agreement dated June 22,2016

I, Jordan Ayers, appointed, or designated representative and Deputy City Manager of the Cþ of Lodi, as lessee (the"Lessee"), am qualified to answer the questions set forth below regarding the Equipment to be acquired by Lesseein connection with the above-referenced Lease Agreement:

What is the specific use of the Equipment?The Dispatch Console will provide the Cþ of Lodi with a scalable, flexible system architecture forseamless connectivþ between Lodi Police DeparÍnent dispatch operators and field persorurel.

What increased capabilities will the Equipment provide?The new system will reduce cost of owning an lP-based feature-rich dispatch system withoutcompromising quality and reliability.

Wlry ß the Equipment essential to your ability to deliver governmental services?It is the backbone of the Lodi Police Department dispatch operators and their ability to communicate withfield personnel.

Does the Equipment replace existing equipment? (If so, please explainwhy you are replacing the existingequipment)Yes. The existing equipment has exceeded its usefril life requiring high maintenance service and frequentemergency repairs.

lVlty didyou choose this specific Equipment?The selected equipment is suitable as direct replacement and/or upgrade of our existing outdated systemsand matches the brand preferences for our trained Maintenance Staff.

For how many years do you ex.pect to utilize the Equipment?The City expects to operate the equipment for approximately l0 years.

Very truly yours,CITY oF LoDI, as Lessee

By:Name: Jordan AyersTitle: Deputy Cþ Manager

D-1

EXHIBIT E

INCUMBENCY CERTIFICATE

I, Jennifer M. Ferraiolo, do hereby certify that I am the City Clerk of the City of Lodi, which is a cþ andbody corporate and politic of the State of California and operates under a City Council, and that I have custody ofthe records ofsuch entity.

I hereby certify that, as of the date hereof the individuals named below are the duly elected or appointedofficers of the City holding the offices set forth opposite their respective names. I further certi$ that:

The signatures set opposite their respective names and titles are their true and authentic signatures,and

Such officers have the authority on behalfofsuch entity to:

Enter into that certain Dispatch Console Project Equipment Lease-Purchase Agreement andEquipment Schedule both dated Jwe22,2016 (the "Lease Agreement"), between the City ofLodi and Holman Capital Corporation, as lessor, and that certain Escrow Agreement dated as

of June 22, 2016 (the "Escrow Agreemenf') between the Cþ of Lodi, Holman CapitalCorporation, and Deutsche Bank National Trust Company, as escrow agent; and

b. Execute Certificates of Acceptance, Payment Request/Disbursement Request Forms, and anyand all other certificate, documents, and agreements relating to the Lease Agreement andEscrow Agreement.

NAN,ß TITLE SIGNATURE

(Ð

(iÐ

a.

Jordan Ayers

Stephen Schwabauer

Deputy City Manager

Cþ Manager

IN IVITNESS WHEREoF, I have duly executed this Certificate on behalf of the City of Lodi.

Jwte22,2016

Jennifer M. Ferraiolo, Cþ Clerk

E-1

Re:

EXHIBIT F

[Print on Counsel Letterhead]

OPINION OF LESSEE'S COUNSEL

June22,2016

Holman C apital Corp oration29883 Santa Margarita Parkway, Suite 100

Rancho Santa Margarita, CA92688

Signature Public Funding Corp600 Washington Avenue, Suite 305Townson, MD2I2O4

City of Lodi Dispatch Console ProjectEquipment Lease Purchase Asreement and Equipment Schedule Both Dated As Of June 22.2016

Ladies and Gentlemen

As counsel to the City of Lodi ("City"), we have examined a copy of the duly approved Equipment Lease-PurchaseAgreement ("Lease") dated as of June 22, 2016 between the Cþ and Holman Caprtal Corporation ('ol-essor"), andrelated documents, certificates and exhibits attached thereto ("the Lease") and the proceedings taken by thegoverning body of the Cþ, to authorize the execution and delivery of the Agreements on behalf of the City ("theProceedings").

We have assumed, without undertaking to verifu the same by independent investigation, the following: (a) theauthenticity of original documents and the genuineness of all signatures; (b) the conformity to the originals of alldocuments submitted to us as copies; (c) as to matters of fact, the truth, accuracy, and completeness of theinformation, representations, and warranties contained in the documents, certificates, records and papers we havereviewed; (d) compliance with all covenants and agreements contained in the Lease; (e) the due authorization of theexecution, delivery and performance by Lessor of the Lease; and (f) the absence of any evidence extrinsic to theprovisions of the Lease between the Parties, that the Parties intended a meaning contrary to that expressed below bythe written provisions of the Lease.

The opinions hereinafter expressed are based on an analysis of existing laws, regulations, rulings and courtdecisions, and cover certain matters not directly addressed by such authorities. Moreover, the opinions hereinafterexpressed may be affected by actions taken or omitted or events occurring after the date hereof. We have notundertaken to determine, or to inform any person, whether any such actions or events are taken or omitted or dooccur and we disclaim any obligation to update this letter.

Based on the foregoing, and in reliance thereon, as of the date hereof, we are of the following opinions:

l. City of Lodi is a City, duly organized, existing and operating under the Constitution and laws ofthe State of California (the "State") with full power and authority to adopt and/or enter into the Lease and theProceedings.

2. The Lease and the Proceedings have been duly adopted, authorized, executed and delivered by theCþ, do not require the seal of the City to be effective, valid, legal, or binding and, assuming due authorization,execution and delivery thereofby the other Parties thereto, constitute the legal, valid and binding obligations ofthe

F-1

City, enforceable against the City in accordance with their terms, subject to any applicable bankruptcy, insolvency,moratorium or other laws or equitable principles affecting the enforcement of creditors' rights generally.

3. The City has complied with all applicable open public meeting laws and requirements with respectto the meeting at which the Proceedings were adopted, and the Cþ's execution of the Lease was authorized.

4. The City has complied with all applicable procurement or public bidding laws of the State for theacquisition and leasing of the property (as defined in the Lease) including, without limitation, Section 4217 of theCalifornia Government Code.

5. To the best of our knowledge, there is no litigation, action, suit or proceeding pending orthreatened before any court, administrative agency, arbitrator or govefi)mental body that challenges the authorþ ofCity to enter into the Lease or the abilþ of City to perform its obligations under the Lease and the transactionscontemplated thereby.

The opinions set forth above are subject to the following additional qualifications

L The enforceability of the City's obligations under the Lease is subject to the effect of applicablebankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium or similar laws affectingcreditors' rights, generally, and to the limitations on legal actions against Cþ's in the State of California.

2. The enforceabilþ of the City's obligations under the Lease may be subject to general principlesof equity, including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing, and thepossible unavailability of specific performance or injunctive relief (regardless of whether such enforceability isconsidered in a proceeding in equþ or at law).

3. We have not been engaged, nor have we undertaken to advise any Pafi or to opine as to anymatters not specifically covered herein, including, but not limited to, matters relating to compliance with any tax orsecurities law.

4. We express no opinion as to matters governed by laws other than the laws of the State and thefederal laws of the United States of America, and express no opinion as to the effect or enforceability of theprovisions of the Lease to the extent that: (1) such provisions require Cify to waive trial by jury; or (2) suchprovisions require City to indemnifu Lessor.

5. In our capacþ as counsel, we have not made a physical inspection of the property securing theLease, nor have we made a review of any site or engineering plan or specifications or any other documents for theinstallation of such property to determine whether they comply with applicable provisions of State, local or federallaws, ordinances, codes, rules and regulations. Accordingly, no opinion is expressed with respect to such matters,including, but not limited to, zoning, subdivision, building codes, environmental or ecological matters.

6. These opinions may not be used in connection with any further subsequent transactions involvingthe City and may not be reproduced, referred to or quoted in any financial statements, notes to financial statements,offering materials, disclosure materials or similar printed matter without the express written authorization of theundersigned.

No attorney-client relation has existed or exists between our firm and Lessor in connection with the authorization ordelivery of the Lease or by virtue of this letter. This letter is delivered to the addressees hereof, solely for theirbenefit in connection

"vith the execution and delivery of the Lease. The foregoing opinions may be relied upon by

the addressees, and their successors and/or assigns.Respectfu lly submitted,

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EXHIBIT G:INTENTIONALLY OMITTEU; LnaSN IS NBQ

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EXHIBITH

POST-ISSUANCE TAX COMPLIANCE PROCEDURES

Dated: June22,2016

The following certificate is delivered in connection with the execution and delivery of the DispatchConsole Project Equipment Lease-Purchase Agreement dated June22,2016 (the "Lease Agreement"), entered intobetween the City of Lodi (the "Lessee") and Holman Capital Corporation (the "Corporation"). Capitalized termsused herein have the meanings defined in the Lease Agreement.

Section L. In General.1.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as tofuture events regarding the flrancing of certain equipment (the "Equipment") to be acquired by Lessor and leased toLessee pursuant to and in accordance with the Equipment Schedule executed under the Agreement (together with allrelated documents executed pursuant thereto and contemporaneously herewith, the "Financing Documents"). Asdescribed in the Financing Documents, Lessor shall apply $562,387.00 (the "Principal Amount") toward theacquisition of the Equipment and closing costs, and Lessee shall make Rental Payments under the terms andconditions as set forth in the Financing Documents.1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with theresponsibility of reviewing and executing the Financing Documents, pursuant to the governing board's approval orother official action of Lessee adopted with respect to the Financing Documents, a copy of which has been deliveredto Lessor.1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the costof acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee,which Equipment is described in the Equipment Schedule. The Principal Amount will be deposited in escrow byLessor on the date of issuance of the Financing Documents and held by Deutsche Bank National Trust Company,as escrow agent (the "Escrow Agent") pending acquisition of the Equipment under the terms of that certain EscrowAgreement dated as of June 22,2016 (the "Escrow Agreement"), by and between Lessor, Lessee and Escrow Agent.L4. Lessee will timely file with respect to the Lease a Form 8038-G (or, if the invoice price of the Equipmentunder such schedule is less than $100,000, a Form SO3S-GC) relating to such Lease with the Internal RevenueService in accordance with Section 149(e) of the Intemal Revenue Code of 1986, as amended (the "Code").1.5. The Lease is NOT a "qualified tax-exempt obligation" for the purposes and within the meaning ofSection 265(b)(3) of the Internal Revenue Code of I 986, as amended. As such, the Lessee hereby represents that theLessee reasonably anticipates that the Lessee and other entities that the Lessee controls will issue tax-exemptobligations (including the Equipment Schedule) the aggregate principal amount of which exceed $10,000,000 duringthe calendar year in which Equipment Schedule is executed and delivered and interest conìmences to accruethereunder.

Section 2. Non-Arbitraee Certifications.2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessee'sgeneral operating fund (or an account or subaccount therein). No sinking, debt service, reserve or similar frind oraccount will be created or maintained for the payment of the Rental Payments due under the Financing Documentsor pledged as security therefor.2.2. There have been and will be issued no obligations by or on behalf of Lessee that would be deemed to be (i)issued or sold within fifteen (15) days before or after the date of issuance of the Financing Documents, (ii) issued orsold pursuant to a common plan of financing with the Financing Documents and (iii) paid out of substantially thesame source of funds as, or deemed to have substantially the same claim to be paid out of substantially the samesource of funds as, the Financing Documents.2.3. Lessee does not and will not have on hand any funds that are or will be restricted, segregated, legallyrequired or otherwise intended to be used, directly or indirectly, as a substitute, replacement or separate source offinancing for the Equipment.2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yieldmaterially higher than the yield realized by Lessor from Rental Payments received under the Financing Documents.

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2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which theFinancing Documents were entered into. Such funds are expected to be needed and fully expended for payment ofthe costs of acquiring, equipping and installing the Equipment.2.6. Lessee does not expect to convey, sublease or otherwise dispose of the Equipment, in whole or inpart, at adate which is earlier than the final Payment Date under the Financing Documents.

Section 3. Disbursement of Funds: Reimbursement to Lessee.3. I It is contemplated that the entire Principal Amount will be used to pay the acquisition cost of Equipment tothe Vendor(s) thereof or for any financial advisory or closing costs, provided that, if applicable, a portion oftheprincipal amount may be paid to Lessee as reimbursement for acquisition cost payments already made by it so longas the conditions set forth in Section 3.2 below are satisfied.3.2. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by itunless each of the following conditions have been satisfied:(a) If applicable, Lessee adopted a resolution or otherwise declared its official intent in accordance withTreasury Regulation $ 1.150-2 (a copy of which will be provided to Lessor, if applicable, the "Declaration ofOffrcial Intenf'), wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or aportion of the cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) daysbefore Lessee adopted the Declaration of Official Intent;(b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18)months after the expenditure was paid or eighteen (18) months after the items of Equipment to which such paymentrelates were placed in service;(c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a

cost ofa type properly chargeable to a capital account under general federal income tax principles; and(d) Lessee will use any reimbursement payment for general operating expenses and not in a manner whichcould be construed as an artifice or device under Treasury Regulation $ 1.148-10 to avoid, in whole or in part,arbitrage yield restrictions or arbitrage rebate requirements.

Section 4. Use and Investment of Funds: Temporary Period.4.1. Lessee has incurred or will incur, within six (6) months from the date of issuance of the FinancingDocuments, binding obligations to pay an amount equal to at least five percent (5%) of the Principal Amount towardthe costs of the Equipment. An obligation is not binding if it is subject to contingencies within Lessee's control.The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of finalacceptance of the Equipment.4.2. An amount equal to at least eighty-five percent (85%) of the Principal Amount will be expended to pay thecost of the Equipment by the end of the three-year period commencing on the date of this Certificate. No portion ofthe Principal Amount will be used to acquire investments that do not carry out the governmental purpose of theFinancing Documents and that have a substantially guaranteed yield of four (4) years or more.4.3.(a) Lessee covenants and agtees that it will rebate an amount equal to excess earnings on the Principal Amountdeposited under the Escrow Agreement to the Internal Revenue Service if required by, and in accordance with,Section 148(f) of the Code, and make the annual determinations and maintain the records required by and otherwisecomply with the regulations applicable thereto. Lessee reasonably expects to cause the Equipment to be acquired byJme22,2016.(b) Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the IntemalRevenue Service in accordance with Section 1a8(f) of the Code unless (i) the entire Principal Amount is expendedon the Equipment by the date that is the six-month anniversary of the Financing Documents or (ii) the PrincipalAmount is expended on the Equipment in accordance with the following schedule: At least fifteen percent (15%) ofthe Principal Amount and interest earnings thereon will be applied to the cost of the Equipment within six monthsfrom the date of issuance of the Financing Documents; at least sixty percent (60%) of the Principal Amount andinterest eamings thereon will be applied to the cost of the Equipment within 12 months from the date of issuance ofthe Financing Documents; and one hundred percent (100%) of the Principal Amorurt and interest earnings thereonwill be applied to the cost of the Equipment prior to eighteen (18) months from the date of issuance of the FinancingDocuments.(c) Lessee hereby covenants that (Ð Lessee is a governmental unit with general tax powers; (ii) the Lease is nota "private activify bond" under Section l4l of the Code; (ii) at least ninety-five percent (95%) of the PrincipalAmount is used for the governmental activities of Lessee.

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Section 5. Escrow Account.The Financing Documents provide that the monies deposited in escrow shall be invested until payments to thevendor(s) or manufacturer(s) of the Equipment are due. Lessee will ensure that such investment will not result inLessee's obligations under the Financing Documents being treated as an "arbitrage bond" within the meaning ofSection 148(a) of the Intemal Revenue Code of 1986, as amended (the "Code"), respectively. Any monies whichare earned from the investment of these funds shall be labeled as interest earned. All such monies will be disbursedon or promptly after the date that Lessee accepts the Equipment. Lessee acknowledges that the provisions ofSections 2 and 4 herein are particularly applicable when the Principal Amount is funded into an Escrow Fundsubject to the Escrow Agreement.

Section 6. No Private Use¡ No Consumer Loan.6.I. Lessee will not exceed the private use restrictions set forth in Section l4l of the Code. Specifically, Lesseewill not permit more than l0% of the Principal Amount to be used for a Private Business Use (as defined herein) if,in addition, the payment of more than ten percent (10%) of the Principal Amount plus interest earned thereon is,directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) anyinterest in payments in respect of such propeúy or derived from any payment in respect of property or borrowedmoney used or to be used for a Private Business Use.6.2 In addition, if both (A) more than five percent (5%) of the Principal Amount is used as described abovewith respect to Private Business Use and (B) more than five percent (5%) of the Principal Amount plus interestearned thereon is secured by Private Business Use properly or payments as described above, then the excess oversuch five percent (5%) (the o'Excess Private Use Portion") will be used for a Private Business Use related to thegovemmental use of the Equipment. Any such Excess Private Use Portion of the Principal Amount will not exceedthe portion of the Principal Amount used for the governmental use of the particular project to which such ExcessPrivate Use Portion is related. For purposes of this paragraph 6.3, "Private Business IJse" means use of bondproceeds or bond financed-property directly or indirectly in a trade or business carried on by a natural person or inany activity carried on by a person other than a natural person, excluding, however, use by a state or localgovernmental unit and excluding use as a member of the general public.6.4. No part of the Principal Amount or interest earned thereon will be used, directly or indirectly, to make orfinance any loans to non-governmental entities or to any governmental agencies other than Lessee.

Section 7. No Federal Guarantee.7.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectlyguaranteed, in whole or in part, by the United States or an agency or instrumentality thereof.7.2. No portion of the Principal Amount or interest eamed thereon shall be (i) used in making loans the paymentof principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency orinstrumentalþ thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if suchinvestment would cause the financing under the Financing Documents to be "federally guaranteed" within themeaning of Section 149(b) ofthe Code.

Section 8. Miscellaneous.8.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents inform and substance satisfactory to comply with the registration requirements of Section 149(a) of the Code unlessLessor or its assignee agrees to act as Lessee's agent for such purpose.8.2. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amountand interest earnings thereon for a period of five (5) years after payment in full under the Financing Documents.8.3. To the best of the undersigned's knowledge, information and belief, the above expectations are reasonableand there are no other facts, estimates or circumstances that would materially change the expectations expressedherein.8.4. The Lessee's Tax Identification Number is: 94-6000361 .

8.5. The Lessee has adopted, or will adopt in a reasonable period post-closing, by resolution, separatewritten procedures regarding ongoing compliance with federal tax requirements necessary to keep, ensureand maintain the interest portions of the Rental Payments under the Lease Agreement as excluded fromLessor's gross income for federal income tax purposes, and will, on an annual basis, conduct an audit of theLease Agreement to ensure compliance with such procedures.

IJ-4

IN WITNESS IVHEREOF, this Post-Issuance Tax Compliance Procedures Certificate has been executedon behalfoflessee as ofJune 22,2016.

CITY oF LoDI

By:Name: Jordan AyersTitle: Deputy Cþ Manager

fiËrb ro'_-hÞryClçr¡aç !'í,

H-5

LESSOR:Holman Capital Corporation29883 Santa Margarita ParkwaySuite 100Rancho Santa Margarita, CA 92688

EXHIBIT I

ESCROW AGREEMENT

ESCROWAGENT:Deutsche Bank National Trust CompanylT6lEast Saint Andrew PlaceSanta Ana, CA 927 05-4934

LESSEE:City of Lodi221W. Pine StreetLodi,CA95240

THIS ESCROW AGREEMENT (this "Escrow Agreement") is made as of June 22, 2016, betweenHolman Capital Corporation ("Lessor"), the City of Lodi ("Lessee"), and Deutsche Bank National TrustCompany (fhe "Escrow Agent").

Lessor and Lessee have heretofore entered into that certain Dispatch Console Project Equipment Lease-Purchase Agreement and Equipment Schedule both dated Jlune 22,2016 (fhe "Lease Agreement"). The LeaseAgreement contemplates that certain Equipment described therein (the "Equipment") is to be acquired from thevendor(s) or manufacturer(s) thereof.

After acceptance of the Equipment by Lessee, the Equipment is to be leased by Lessor to Lessee pursuantto the terms of the Lease Agreement.

The Lease Agreement contemplates that Lessor will deposit with the Escrow Agent cash in the amount ofS562,387.00 (the "Deposit Amount"), for deposit into the escro\M frrnd (the "Escrow Fund"), to be held in escrowby the Escrow Agent and applied on the express terms and conditions set forth herein. Such deposit into theEscrow Fund, together with all interest and additions received with respect thereto, is to be applied from time totime to pay the vendor(s) or manufacturer(s) of the Equipment its invoice cost (a portion of which may, ifrequired, be paid prior to final acceptance of the Equipment by Lessee). The Escrow Fund is to be held for theaccount and benefit oflessee, and Lessee has granted to Lessor a first priority and perfected lien on and secwþinterest in the Escrow Fund and any all proceeds, interest and other earnings thereon and investments therein tothe Lessor by virtue of the execution of this Escrow Agreement without the need for any additional filings orfinancing statements.

The parties desire to set forth the terms on which the escrow is to be created and to establish the rightsand responsibilities ofthe parties hereto.

NOW, THEREFORE, the parties agree as follows:

l. The Escrow Agent hereby agtees to serve as escrow agent upon the terms and conditions set forth herein. TheEscrow Agent agrees that the Escrow Fund shall be held irrevocably in trust for the account and benefit ofLessee and all interest earned with respect to the Escrow Fund shall accrue to the benefit of Lessee and shall beapplied as expressly set forth herein.

To the limited extent required to perfect the first, priority security interest hereby granted by Lessee to Lessor inthe cash and negotiable instruments from time to time held in the Escrow Fund, Lessor hereby appoints theEscrow Agent as its security agent, and the Escrow Agent hereby accepts the appointment as securþ agent, andagrees to hold physical possession ofsuch cash and negotiable instruments on behalfoflessor.

I-1

2. On such day as determined to the mutual satisfaction of the parties (the "Commencement Date"), Lessor shalldeposit with the Escrow Agent cash in the amount of the Deposit Amount to be held by the Escrow Agent onthe express terms and conditions set forth herein. The Escrow Agent agrees to accept the deposit of the DepositAmount by Lessor with the Escrow Agent, and further agrees to hold the amount so deposited together with allinterest and other additions received with respect thereto in escrow on the express terms and conditions set forthherein.

3. The Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that expresspurpose, which shall be clearly identified on the books and records of the Escrow Agent as being held in itscapacity as Escrow Agent. Securities and other negotiable instruments held in the Escrow Fund from time totime shall be held or registered in the name of the Escrow Agent (or its nominee). The Escrow Fund shall noqto the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of anycreditor ofany ofthe parties hereto (except with respect to the securþ interest therein held by Lessor).

4. Lessee hereby directs the Escrow Agent to invest the cash held in the Escrow Fund from time to time in aDeutsche Bank National Trust Company non-interest bearing demand deposit account with no fees or costs or,in the event such fund is not at the time available, such other investments as Lessee may speci! in writing, tothe extent the same are at the time legal for investment of the funds being invested. Interest or other amountseamed and received by the Escrow Agent with respect to the Escrow Fund shall be deposited in and become apart of the Escrow Fund. No investment shall be made that would cause the Lease Agreement to be deemed tobe an arbitrage bond within the meaning of Section 148(a) of the Internal Revenue Code of 1986, as amended.

5. Lessor and Lessee hereby authorize the Escrow Agent to take the following actions with respect to the EscrowFund:

a. From time to time, the Escrow Agent shall pay the vendor or manufacturer of the Equipment payments then dueand payable, or reimburse Lessee for amounts that it has paid to the vendor or manufacturer of the Equipment,upon receipt of the following: (a) a duly executed Certificate of Acceptance and Payment Request in the formattached as Exhibit A hereto, (b) the vendor(s) or manufacturer(s) invoice(s) speciffing the acquisition price ofthe Equipment described in the requisition request, and (c) any additional documentation required by Lessor.

b. If Lessor provides to the Escrow Agent written notice of the occurrence of an Event of Default or an Event ofNonappropriation by Lessee under the Lease Agreement, the Escrow Agent shall thereupon promptly remit toLessor the entire balance of the Escrow Fund.

c. Upon receipt by the Escrow Agent of a duly executed Certificate of Acceptance and Payment Request identifiedas the final such request, the Escrow Agent shall transfer the then remaining balance of the Escrow Fund toLessee, upon the express condition that Lessee hereby agrees to use such excess amount solely for capitalexpenditures as shall be approved by Lessee or, at the written direction of Lessee, for application against theinterest component of the Lessee's payment obligation under the Lease Agreement, as provided therein, unlessotherwise agreed by Lessor.

6. The Escrow Agent shall have no liabilþ for acting upon any written instruction presented by Lessee and Lessorin connection with this Escrow Agreement that the Escrow Agent in good faith believes to be genuine.Furthermore, the Escrow Agent shall not be liable for aîy act or omission in connection with this EscrowAgreement except for its own gross negligence, willful misconduct, or bad faith. The Escrow Agent shall notbe liable for any loss or diminution in value of the Escrow Fund as a result of the investments made pursuant toSection 4.

7. To the extent authorized by law, Lessee hereby agrees to indemnify and save the Escrow Agent harmlessagainst any liabilities that it may incur in the exercise and performance of its powers and duties hereunder andthat are not due to the Escrow Agent's gross negligence or willful misconduct. No indemnification will bemade under this Section or elsewhere in this Escrow Agreement for damages arising solely out of grossnegligence, willful misconduct, or bad faith by the Escrow Agent, its officers, agents, employees, successors orassigns.

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8. The Escrow Agent may at any time resign by giving at least 30 days' prior written notice to Lessee and Lessor,but such resignation shall not take effect until the appointrnent ofthe successor Escrow Agent. The substitutionof another bank or trust company to act as Escrow Agent under this Escrow Agreement may occur by writtenagreement of Lessor and Lessee. In addition, the Escrow Agent may be removed at any time, with or withoutcause, by instrument in writing executed by Lessor and Lessee. Such notice shall set forth the effective date ofthe removal. In the event of any resignation or removal of the Escrow Agent, a successor Escrow Agent shallbe appointed by an instrument in writing executed by Lessor and Lessee. Such successor Escrow Agent shallindicate its acceptance of such appointment by an instrument in writing delivered to Lessor, Lessee and thepredecessor Escrow Agent.

Upon the effective date of resigaation or removal, the Escrow Agent will transfer the Escrow Fund then held byit to the successor Escrow Agent selected by Lessor and Lessee.

9. This Escrow Agreement shall terminate upon receipt by the Escrow Agent of the written notice from Lessorspecified in Section 5(b) or Section 5(c) hereof.

10. All notices hereunder shall be in writing, sent by certified mail, return receipt requested, or by mutuallyrecognized overnight carrier addressed to the other parg at its respective address shown on page I of thisEscrow Agreement or at such other address as such party shall from time to time designate in writing to theother parties; and shall be effective on the date or receipt.

1 l. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and theirrespective successors and assigns. No rights or obligations of the Escrow Agent under this Escrow Agreementmay be assigned without the prior written consent of Lessor and Lessee.

12. This Escrow Agreement constitutes the entire agreement between the parties hereto with respect to the subjectmatter hereof, and no waiver, consent, modification, or change of terms hereof shall bind any pafi unless inwriting signed by all parties.

13. The Escrow Agent may employ agents, attorneys and accountants in connection with its duties hereunder andshall not be liable for any action taken or omitted in good faith in accordance with the advice of counsel,accountants, or other skilled persons.

14. This Escrow Agreement shall be governed by and be construed and interpreted in accordance with the internallaws of the State of California.

[Remainder of pøge intentionally left blønkJ

I-3

IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed asofthe day and year first above set forth.

LESSOR: HOLMAN CAPITALCORPORATION

LESSEE: CITY OF LODI

By:By:Lance S. HolmanPresident &CEO

ESCROW AGENT: DEUTSCHE BANK NATIONAL TRUST COMPANY

By:Name:Tirle:

By:Name:Title:

AIFüIbforohrtt Cfry Atlnry

Jordan AyersDeputy City Manager

t-4

EXHIBIT A To EsCRow AcnseMENT

CERTIFICATE OF ACCEPTANCE AND PAYMENT REoUEST

The following payment request is directed to Deutsche Bank National Trust Company (the "EscrowAgent"), as escrow agent under that certain Escrow Agreement dated June 22, 2016 (the "Escrow Agreement"),between the City of Lodi ("Lessee"), Holman Capital Corporation ("Lessor"), and the Escrow Agent. BecauseHolman Capital Corporation has assigned all of its right, title, and interest in and to the Escrow Agreement toSignature Public Funding Corp., all references herein to "Lessor" shall mean Signature Public Funding Corp.

The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained under theEscrow Agreement the amount set forth below to the named payee(s). The amount shown is due and payable undera purchase order or contract (or has been paid by and not previously reimbwsed to Lessee). The equipmentdescribed below is part or all of the Equipment leased pursuant to that certain Dispatch Console Project EquipmentLease-Purchase Agreement and Equipment Schedule both dated Jwrc 22,2016 (the "Lease Agreement"), betweenLessor and Lessee:

QUANTITY

DESCRIPTIoN oFUNITS OF EQUIPMENT AMOUNT PAYEE

Lessee hereby certifies and represents to and agrees with Lessor as follows with respect to the Equipmentdescribed above: (i) the Equipment has been delivered to the location(s) set forth in the Lease Agreement; (ii) apresent need exists for the Equipment, which need is not temporary or expected to diminish in the near future;(iii) the Equipment is essential to and will be used by Lessee only for the purpose of performing one or moregovernmental functions of Lessee consistent with the permissible scope of Lessee's authority; (iv) the estimateduseful life of the Equipment based upon the manufacturer's representations and Lessee's projected needs is not lessthan the term of the Lease Agreement; (v) Lessee has conducted such inspection and/or testing of the Equipment asit deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes as of thedate of this Certificate; (vi) the Equipment is covered by insurance in the types and amounts required by the LeaseAgreemen! (vii) no Event of Default or Event of Nonappropriation, as those terms are defined in the LeaseAgreement, and no event that with the giving of notice or lapse of time or both, would become an Event of Defaultor an Event of Nonappropriation, has occurred and is continuing on the date hereof; and (viii) sufficient funds havebeen appropriated by Lessee for the payment of all rental payments due under the Lease Agreement during Lessee'scurrent Fiscal Year.

Based on the foregoing, the Escrow Agent is hereby authorized and directed to fund the acquisition of theEquipment set forth above by paying, or causing to be paid, the manufacturer(s)/vendor(s) the amounts set forth onthe attached invoices from the Escrow Fund held under the Escrow Agreement in accordance with its terms.

The following documents are attached hereto and made a part hereof: (a) Original Invoice(s) and (b) Copiesof Certificate(s) of Ownership, designating Lessor as legal owner, and evidence of filing.

[Remainder of page intentionally left blank]

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IF REQUEST IS FINAL REQUEST, CIIECK I{ERE !. fne undersigned hereby certifies that the itemsof Equipment described above, together with the items of Equipment described in and accepted by Certificates ofAcceptance and Paynent Requests previously filed by Lessee with Lessor constitute all of the Equipment subject tothe Lease Agreement.

Date:

Approved:

SIGNATURE PUBLIC FTJNDING CoRP., as LessoT CITYoFLoDI,as Lessee

Name:Ti*lo.

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SCHEDULE A TO ESCROWAGREEMENT:

NOTICE AND ACKNOWLEDGEMENT OFASSIGNMENT OF ESCROW AGREEMENT

Holnan Capital Corporation ("Lessor"), Cþ of Lodi ("Lessee"), and Deutsche Bank National Trust Company("Escrow Agent") have entered into an Escrow Agreement dated June 22,2016 (the "Escrow Agreement'), pursuantto which Lessor, or its Assipee (as defined below), has deposited cash into the Escrow Fund established thereunder,which funds are to be used by Lessee to acquire certain Equipment.

Escrow Agent is hereby notified that Lessor has assigned all of its right, title, and interest in and to, but not itsobligations under, the Escrow Agreement to Sigfiature Public Funding Corp. ("Assigt€€"), including, in particular,but without limitation, Lessor's security interest in the Escrow Fund and Lessor's right to approve all paymentrequests submitted by Lessee.

Date:June 22,2016

LESSOR: HOLMAN CAPITALCORPORATION

LESSEE: CITYOFLODI

By: By:Lance S. HolmanPresident &CEO

ESCROW AGENT: DEUTSCHE BANK NATIONAL TRUST COMPANY

Name:Title:

By:Name:Title:

Jordan AyersDeputy Cþ Manager

By:

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IRS FORM 8038.G

[To be prepared by Holman Capital Corporation]

CLOSING MEMORANDUM

$562,387.00 Lamr Fon Dlsp¡,rcn CoNsoLE PROJECTPunsunnr ro rHAT DISPATcH CoNsoLE PRoJECT EeulpMn¡qr Lnesn-PuncH,lsn AcnTEMENT AND Eeurpur¡lr Scnnnul,n

THERETo BorH DATED JUNE 22,2016BrrwuE'N Crry or LooI, ls LEssEE, AND

Hor,vnx Crprr¡l, ConponeuoN, As LEssoR

Pre-Closine: Pre-Closing will be held at the Lessee's convenience, on or before Jme20,2016. All documents willbe executed and three (3) blue ink originals will be overnighted to Holman Capital Corporation, Attn.: AdþaKajaria,29883 Santa Marguita Parkrvay, Suite 100, Rancho Santa Margarita, 92688, for delivery no later than9:00 am on the morning of June 20,2016 and held in trust until such time as the wires and original documents arereleased by the Parties.

Closing: (1) By wire transfer and pending receipt of original, executed Lease Documents, on the moming ofJvne 22, 2016, the Investor is authorized by Lessee to wire the Principal Amount of Lease to Escrow Agent, anamount equal to the Total Lease Proceeds, as defined below, pursuant to the Wire Instructions as follows:

(2) By funds transfer and pending receipt of original, executed Lease Documents, on the morning ofJlulae 22,2016, Ihe Investor is authorized by Lessee to transfer via internal credit the Issuance Costs (as definedbelow) to Lessor, pursuant to a general ledger credit to the Lessor as follows:

BankName:ABANo:Account No:Account NameFIBIO:Atbr:

Bank Name:ABANumber:Account Number:AccountName:

Sources and Uses ofFunds:Principal Amount of Lease

TOTAL SOURCES

Total Equipment Cost:TOTALLEASE PROCEEDS

Attest:CITY OF LODI

Name: Jordan AyersTitle: Deputy City Manager

Deutsche Bank Trust Company Americas02100103301419647NYLTD FDS CTRL NY NY589328 - HCC-City of Lodi, CARimaDalal

Community Business Bankl2ll4419t201008281Holman Capital Corporation

Holman Capital Corporation will confrm disbursement of fl¡nds to the Lessee's escrow account and then release allof the original documents held in trust to the investor and forward a copy to the Lessee. Upon conformation byEscrow Agent of the Lease Proceeds, Lessee will wire closing costs, legal fees and other amounts to the parties inaccordance with the invoices attached hereto.

The Lessee will be responsible for a $5,000.00 Documentation Fee that wilt be due at closing.Attached you will find the invoice.

s562,387.00$562,387.00

$562,387.00$562,387.00

I. AA#2. JV#

ctw oF LoDtAPPROPRIATION ADJ USTMENT REQU EST

TO: lnternal Services Dept. - Budqet Division

3. FROM: 5. DATE

4. DEPARTMENT/DIVISION:

6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW

FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT

A.

SOURCE OF

FINANCING

213 21 399000 50005 Loan Proceeds $ 562,387.00

B.

USE OF

FINANCING

213 21 399000 77020 Gapitol Projects $ 562,387.00

7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET

Please provide a description of the project, the total cost of the project, as well as justification for the

requested adjustment. lf you need more space, use an additional sheet and attach to this form.

FY 2016t17To recognize loan proceeds and appropriate same for purchase of dispatch consoles.

tf Cou nct has authorized the adj complete the following:

Date: Attach copy of resolution to this form

Head Signature: lttrm.¡",)

APPROVAL SIGNATURESU

Deputy City Manager/lnternal Services Manager Date

Submit completed form to the Budget Division with any required documentation.Final approval will be provided in electronic copy format.

RESOLUTION NO 2016-____

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE PURCHASE OF 15 kV DISTRIBUTION CABLE FROM THE OKONITE

COMPANY OF SAN RAMON

=================================================================== WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on June 1, 2016 at 11:00 a.m., for the purchase of 15 kV distribution cable for the Electric Utility Department, described in the specifications therefore approved by the City Council on April 6, 2016; and WHEREAS, said bids have been compared, checked, and tabulated and a report thereof filed with the City Manager as follows:

Supplier Name Bid Amount ($) The Okonite Company, San Ramon 112,492.80

Platt Electric, Stockton 118,584.00 Pacific Utilities, Concord 146,448.00

Hendrix, Milford, NH 150,355.44 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the purchase of 15 kV distribution cable from The Okonite Company of San Ramon in the amount of $112,492.80.

Dated: June 15, 2016 ================================================================== I hereby certify that Resolution No. 2016- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS –

JENNIFER M. FERRAIOLO City Clerk

2016-

AGENDA ITEM C-04

APPROVED: ________________________________ Stephen Schwabauer, City Manager


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AGENDA TITLE: Adopt Resolution Awarding Bid for the Purchase of 15 kV Distribution Cable from The Okonite Company of San Ramon ($112,492.80)


PREPARED BY: Electric Utility Director

RECOMMENDED ACTION: Adopt a resolution awarding bid for the purchase of 15 kV distribution cable from The Okonite Company of San Ramon in the amount of $112,492.80.

BACKGROUND INFORMATION: On April 6, 2016, the City Council approved specifications and authorized the advertisement for bids to procure electric distribution conductors as needed to maintain appropriate inventory levels.

The Electric Utility advertised bids on May 21 and 25, 2016. On June 1, 2016 bids were opened with four suppliers submitting proposals with the following results:

Supplier Name Bid Amount ($) The Okonite Company, San Ramon 112,492.80

Platt Electric, Stockton 118,584.00 Pacific Utilities, Concord 146,448.00

Hendrix, Milford, New Hampshire 150,355.44

Staff reviewed the proposals and deemed that The Okonite Company of San Ramon to be the lowest responsive bidder and compliant with the approved specifications.

FISCAL IMPACT: Procurement cost is $112,492.80

FUNDING AVAILABLE: Included in FY2015/16 Budget Account No. 500.13496.

_______________________________________ Jordan Ayers Deputy City Manager/Internal Services Director

________________________________ Elizabeth A. Kirkley Electric Utility Director

PREPARED BY: Hasan Shahriar, P.E., Senior Power Engineer EAK/JM/HS/lst

jferraiolo

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RESOLUTION NO 2016-____

A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE PURCHASE OF 15 kV

DISTRIBUTION CABLE FROM THE OKONITE COMPANY OF SAN RAMON

================================================================ WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on June 1, 2016 at 11:00 a.m., for the purchase of 15 kV distribution cable for the Electric Utility Department, described in the specifications therefore approved by the City Council on April 6, 2016; and WHEREAS, said bids have been compared, checked, and tabulated and a report thereof filed with the City Manager as follows:

Supplier Name Bid Amount The Okonite Company, San Ramon 112,492.80 Platt Electric, Stockton 118,584.00 Pacific Utilities, Concord 146,448.00 Hendrix, Milford, NH 150,355.44

WHEREAS, staff recommend awarding bid to the lowest responsible bidder, The Okonite Company, of San Ramon in the amount of $112,492.80. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the bid for the purchase of 15 kV distribution cable from The Okonite Company of San Ramon in the amount of $112,492.80.

Dated: June 15, 2016 ================================================================ I hereby certify that Resolution No. 2016- ____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS –

JENNIFER M. FERRAIOLO City Clerk

2016-____

AGENDA ITEM C-05

APPROVED: ________________________________________ Stephen Schwabauer, City Manager

K:\WP\PROJECTS\TRANSIT\2016 Grapeline Bus Stop Accessibility and Shelter Improvements\CAward.doc 6/8/16


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AGENDA TITLE: Adopt Resolution Awarding Contract for 2016 GrapeLine Bus Stop Accessibility and Shelter Improvements to A. M. Stephens Construction Company, Inc., of Lodi ($396,088)


PREPARED BY: Public Works Director

RECOMMENDED ACTION: Adopt resolution awarding contract for 2016 GrapeLine Bus Stop Accessibility and Shelter Improvements to A. M. Stephens Construction Company, Inc., of Lodi, in the amount of $396,088.

BACKGROUND INFORMATION: This project consists of removing accessibility barriers near nine GrapeLine bus stops, installing 16 curb ramps, and associated Americans with Disabilities Act (ADA) compliant paths of travel to

the bus stop locations that lack accessibility. The project will also be installing advertisement compatible shelters at seven bus stop locations, five standard shelters, and 10 benches at existing bus stop locations. Each new shelter will include lighting, a bench, and a trash can.

Plans and specifications for this project were approved on May 4, 2016. The City received the following three bids for this project on May 25, 2016.

Bidder Location BidEngineer’s Estimate $ 308,544.00 A.M. Stephens Construction Lodi $ 396,087.90 Taylor Backhoe Services Merced $ 428,104.00 FBD Vanguard Construction Livermore $ 488,979.00

The engineer’s estimate was low due to increased demolition costs (compared to previous projects). This increase is likely due to high construction activity and contractors being busier than in the past.

FISCAL IMPACT: There will be a slight increase in the long-term maintenance costs associated with these improvements, which will be included in future Transit Operations budgets.

FUNDING AVAILABLE: This project will be funded by Federal Transit Administration (FTA) / Transportation Development Act (TDA) (60199000).

______________________________________Jordan AyersDeputy City Manager/Internal Services Director

_______________________________ Charles E. Swimley, Jr. Public Works Director

Prepared by Sean Nathan, Associate Civil Engineer CES/SN/tdb Attachment

cc: Transportation Manager

jferraiolo

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RESOLUTION NO. 2016-____

A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE BID FOR 2016 GRAPELINE BUS STOP ACCESSIBILITY

AND SHELTER IMPROVEMENTS TO A. M. STEPHENS CONSTRUCTION COMPANY, INC., OF LODI

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

WHEREAS, this project consists of removing accessibility barriers near nine GrapeLine bus stops, installing 16 curb ramps, and associated Americans with Disabilities Act (ADA) compliant paths of travel to the bus stop locations that lack accessibility; and

WHEREAS, the project will also be installing advertisement compatible shelters at seven bus stop locations, five standard shelters, and 10 benches at existing bus stop locations; and

WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed proposals were received and publicly opened on May 25, 2016, at 11:00 a.m., for the 2016 GrapeLine Bus Stop Accessibility and Shelter Improvements Project, described in the plans and specifications therefore approved by the City Council on May 4,2016; and WHEREAS, said bid has been checked and tabulated and a report thereof filed with the City Manager as follows:

Bidder Location Bid Engineer’s Estimate $308,544.00 A. M. Stephens Construction Lodi $396,087.90 Taylor Backhoe Services Merced $428,104.00 FBD Vanguard Construction Livermore $488,979.00

WHEREAS, staff recommends awarding the bid for the 2016 GrapeLine Bus Stop Accessibility and Shelter Improvements to A. M. Stephens Construction Company, Inc., of Lodi, in the amount of $396,087.90. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the bid for 2016 GrapeLine Bus Stop Accessibility and Shelter Improvements to A. M. Stephens Construction Company, Inc., of Lodi, in the amount of $396,087.90; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the contract on behalf of the City of Lodi.

Dated: June 15, 2016 ========================================================================

I hereby certify that Resolution No. 2016-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016 by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – JENNIFER M. FERRAIOLO City Clerk

2016-____

AGENDA ITEM C-06


K:\WP\PROJECTS\STORMDRN\School Street Storm Drainage Improvements\CAward.doc 6/8/2016


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AGENDA TITLE: Adopt Resolution Awarding Contract for 2016 Storm Drainage Improvements to Mozingo Construction, Inc., of Oakdale ($359,715)



RECOMMENDED ACTION: Adopt resolution awarding contract for 2016 Storm Drainage Improvements to Mozingo Construction, Inc., of Oakdale, in the amount of $359,715.

BACKGROUND INFORMATION: This project consists of various improvements to the City’s storm drainage system. The improvements include replacing approximately 1,630 feet of 8-inch storm drain pipe with new

12-inch pipe in School Street (Lockeford Street to Forrest Avenue), extending 220 feet of storm drainpipe into the alley off School Street (south of Olive Court), and extending 320 feet of storm drain pipe inLee Street (north of Oak Street). The pipe replacement is necessary to address severely damaged pipeand to improve system performance. The pipe extensions are necessary to drain low spots in the publicright-of-way that exceed four inches in depth.

Plans and specifications for this project were approved on May 4, 2016. The City received the following three bids for this project on May 25, 2016.

Bidder Location BidEngineer’s Estimate $ 393,870.00 Mozingo Construction Oakdale $ 359,715.00 Martin General Engineering Rancho Cordova $ 375,581.00 Knife River Construction Stockton $ 447,065.00

FISCAL IMPACT: These improvements will decrease maintenance related to the failing pipe and the pavement deterioration at the low spots.

FUNDING AVAILABLE: This project will be funded by Wastewater Capital (531).

______________________________________Jordan AyersDeputy City Manager/Internal Services Director


Prepared by Sean Nathan, Associate Civil Engineer CES/SN/tdb Attachment

cc: Utility Manager

jferraiolo

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A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE BID FOR THE 2016 STORM DRAINAGE IMPROVEMENTS TO MOZINGO

CONSTRUCTION, INC., OF OAKDALE ===================================================================

WHEREAS, this project consists of improvements including replacing approximately 1,630 feet of 8-inch storm drain pipe with new 12-inch pipe in School Street (Lockeford Street to Forrest Avenue), extending 220 feet of storm drain pipe into the alley off School Street (south of Olive Court), and extending 320 feet of storm drain pipe in Lee Street (north of Oak Street); and

WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on May 25, 2016, at 11:00 a.m., for the 2016 Storm Drainage Improvements Project, described in the plans and specifications therefore approved by the City Council on May 4, 2016; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows:

Bidder Location Bid Engineer’s Estimate $ 393,870.00 Mozingo Construction Oakdale $ 359,715.00 Martin General Engineering Rancho Cordova $ 375,581.00 Knife River Construction Stockton $ 447,065.00

WHEREAS, staff recommends awarding the bid for the 2016 Storm Drainage Improvements to Mozingo Construction, Inc., of Oakdale, in the amount of $359,715. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the bid for the 2016 Storm Drainage Improvements to Mozingo Construction, Inc., of Oakdale, in the amount of $359,715; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the contract on behalf of the City of Lodi.

Dated: June 15, 2016 ===================================================================

I hereby certify that Resolution No. 2016-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016 by the following vote: AYES: COUNCIL MEMBERS –

NOES: COUNCIL MEMBERS –

ABSENT: COUNCIL MEMBERS –

ABSTAIN: COUNCIL MEMBERS – JENNIFER M. FERRAIOLO City Clerk

2016-____

AGENDA ITEM C-07


K:\WP\PROJECTS\STREETS\2016-2017 Landscape Maintenance\CAward.doc 6/8/16


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AGENDA TITLE: Adopt Resolution Awarding Contract for 2016-2017 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape Assessment District No. 2003-1 to Odyssey Landscaping, of Lodi ($189,500), and Authorizing Public Works Director to Execute Extensions



RECOMMENDED ACTION: Adopt resolution awarding contract for 2016-2017 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape Assessment District No. 2003-1 to Odyssey Landscaping, of Lodi, in the

amount of $189,500, and authorizing Public Works Director to execute extensions.

BACKGROUND INFORMATION: This project provides for the continued maintenance of landscaped areas in the public right-of-way, public buildings, parking lots, White Slough Water Pollution Control Facility, and various assessment

zones. There are approximately 260 sites totaling approximately 45 acres in area.

The specifications for this project were approved May 4, 2016. The City received the following three bids on May 25, 2016.

Bidder Location ProposalsEngineer’s Estimate $198,136.00 Odyssey Landscaping Lodi $189,500.00 * Dominguez Landscape Sacramento $235,380.80 New Image Landscape Company Fremont $236,348.00

Note * Corrected Amount

The contract contains an option to extend if mutually agreeable to the City and contractor. Staff recommends authorizing the Public Works Director to execute up to two one-year extensions to the contract, when it is in the best interest of the City to do so.

jferraiolo

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Adopt Resolution Awarding Contract for 2016-2017 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape Assessment District No. 2003-1 to Odyssey Landscaping, of Lodi ($189,500), and Authorizing Public Works Director to Execute Extensions June 15, 2016 Page 2

K:\WP\PROJECTS\STREETS\2016-2017 Landscape Maintenance\CAward.doc 6/8/16

FISCAL IMPACT: This contract results in a net increase of approximately $4,224 from the previous contract. The City’s portion is increasing by approximately $13,527 and the Assessment District portion is decreasing by $9,303 compared to the previous contract.

FUNDING AVAILABLE: Funding for this project comes from a combination of the 2016/17 Operating

Budgets (Public Safety, Facilities, Streets, Electric Utility, Water, Wastewater, and Library) and the Assessment Districts as follows:

Public Safety - Fire Administration 10040001.72499 General Government - PW Facility Services 10050001.72499 Streets - PW Tree Maintenance 30156004.72499 Electric Utility - Substation Maintenance 50064200.72499 Wastewater - Plant Maintenance 53053003.72499 Wastewater - Sanitation System Maintenance 53053004.72499 Water - Production 53052003.72499 Library - Library Administration 12090000.72499 Assessment Districts (AD) 80198200.72499

_______________________________________ Jordan Ayers Deputy City Manager/Internal Services Director _____________________________ Charles E. Swimley, Jr. Public Works Director Prepared by Sean Nathan, Associate Civil Engineer CES/SN/tdb Attachment cc: Utility Manager


A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE BID FOR 2016-2017 LANDSCAPE MAINTENANCE OF MISCELLANEOUS AREAS AND LODI CONSOLIDATED LANDSCAPE ASSESSMENT DISTRICT NO. 2003-1 TO ODYSSEY LANDSCAPING OF LODI, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE CONTRACT ON BEHALF OF THE CITY OF LODI, AND FURTHER AUTHORIZING THE PUBLIC WORKS

DIRECTOR TO EXECUTE UP TO TWO ONE-YEAR EXTENSIONS =================================================================== WHEREAS, this project provides for the continued maintenance of landscaped areas in the public right-of-way, public buildings, parking lots, White Slough Water Pollution Control Facility, and various assessment zones; and WHEREAS, there are approximately 260 sites totaling approximately 45 acres in area; and WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on May 25, 2016, at 11:00 a.m., for the 2016-2017 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape Assessment District No. 2003-1 Project, described in the plans and specifications therefore approved by the City Council on May 4, 2016; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Location Bid Engineer’s Estimate $198,136.00 Odyssey Landscaping Lodi $189,500.00 *Dominguez Landscape Sacramento $235,380.80 New Image Landscape Company Fremont $236,348.00 Note * Corrected Amount WHEREAS, the contract contains an option to extend if mutually agreeable to the City and contractor; and WHEREAS, staff recommends awarding contract for 2016-2017 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape Assessment District No. 2003-1 to Odyssey Landscaping, of Lodi, in the amount of $189,500; and WHEREAS, staff further recommends authorizing the Public Works Director to execute up to two one-year extensions to the contract if in the best interest of the City to do so. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the bid for the 2016-2017 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape Assessment District No. 2003-1 to Odyssey Landscaping, of Lodi, in the amount of $189,500; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute the contract on behalf of the City of Lodi; and

BE IT FURTHER RESOLVED that the City Council does hereby authorize the Public Works Director to execute up to two one-year extensions to the contract if in the best interest of the City to do so. Dated: June 15, 2016 ===================================================================


2016-____

AGENDA ITEM C-08

APPROVED: ___________________________________ Stephen Schwabauer, City Manager

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AGENDA TITLE: Adopt Resolution Awarding Contract for White Slough Water Pollution Control Facility 2016 Improvements Corrosion Repair Project to Western Water Constructors, Inc., of Santa Rosa ($1,039,650)



RECOMMENDED ACTION: Adopt resolution awarding contract for White Slough Water Pollution Control Facility 2016 Improvements Corrosion Repair Project to Western Water Constructors, Inc., of Santa Rosa, in the amount of $1,039,650.

BACKGROUND INFORMATION: This project consists of repairs to and coating of concrete structures and process channels, surface preparation and coating of existing piping, replacement of existing, corroded access hatches, and demolition of abandoned piping .

The corrosion repair project is the first phase of a two-phase project needed to bring elements of this 50-year-old facility up to current standards. This initial phase includes the necessary work to assess and repair corrosion damage to the headworks influent channels, domestic and industrial pump discharge chambers, primary sedimentation basin influent channel, and other miscellaneous non-submerged concrete in the primary sedimentation basin area (Exhibit A). Photos reflecting the corrosion damage are shown in Exhibit B.

The additive bid items include repairs to the headworks domestic influent channels and miscellaneous concrete repairs to numerous concrete/railing connections.

Plans and specifications for this project were approved on April 20, 2016. The City received the following three bids for this project on June 1, 2016.

Bidder Location Base Bid + Additive Bid Items

Engineer’s Estimate $1,392,930.48 Western Water Constructors, Inc. Santa Rosa $1,039,650.00 TNT Industrial Contractors, Inc. Sacramento $1,116,870.00 NMI Industrial Holdings, Inc. Sacramento $1,160,004.00

Staff recommends awarding contract for White Slough Water Pollution Control Facility 2016 Improvements Corrosion Repair Project to the low bidder, Western Water Constructors, Inc., of Santa Rosa, in the amount of $1,039,650.

jferraiolo

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Adopt Resolution Awarding Contract for White Slough Water Pollution Control Facility 2016 Improvements Corrosion Repair Project to Western Water Constructors, Inc., of Santa Rosa ($1,039,650) June 15, 2016 Page 2

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FISCAL IMPACT: This is needed to avoid more costly repairs or complete replacement of facility concrete structures in the future.

FUNDING AVAILABLE: Budgeted Fiscal Year 2016/17 Wastewater Capital Fund (53199000.77020) ______________________________________ Jordan Ayers Deputy City Manager/Internal Services Director _______________________________ Charles E. Swimley, Jr. Public Works Director CES/CES/tdb Attachments cc: Lyman Chang, Interim City Engineer / Deputy Public Works Director Lance Roberts, Utility Manager Karen Honer, Wastewater Treatment Superintendent

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REPAIRS TO CONCRETE STRUCTURES, COATING OF PIPING, REPLACEMENT OF ACCESS HATCHES, DEMOLITION OF ABANDONED PIPING

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INSTALLATION OF TEMPERATURE TRANSMITTERS

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Exhibit A

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A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE BID FOR WHITE SLOUGH WATER POLLUTION

CONTROL FACILITY 2016 IMPROVEMENTS CORROSION REPAIR PROJECT TO WESTERN WATER CONSTRUCTORS, INC., OF SANTA ROSA

=================================================================== WHEREAS, this project consists of repairs to and coating of concrete structures and process channels, surface preparation and coating of existing piping, replacement of existing, corroded access hatches, and demolition of abandoned piping; and WHEREAS, the corrosion repair project is the first phase of a two phase project needed to bring elements of this 50-year-old facility up to current standards; and WHEREAS, this initial phase includes the necessary work to assess and repair corrosion damage to the headworks influent channels, domestic and industrial pump discharge chambers, primary sedimentation basin influent channel, and other miscellaneous non-submerged concrete in the primary sedimentation basin area; and WHEREAS, the project also has additive bid items that include repairs to the headworks domestic influent channels and miscellaneous concrete repairs to numerous concrete/railing connections; and WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on June 1, 2016, at 11:00 a.m., for the White Slough Water Pollution Control Facility 2016 Improvements Corrosion Repair Project, described in the plans and specifications therefore approved by the City Council on April 20, 2016; and WHEREAS, said bid has been checked and tabulated and a report thereof filed with the City Manager as follows: Bidder Location Base Bid + Additive Bid Items Engineer’s Estimate $1,392,930.48 Western Water Constructors, Inc. Santa Rosa $1,039,650.00 TNT Industrial Contractors, Inc. Sacramento $1,116,870.00 NMI Industrial Holdings, Inc. Sacramento $1,160,004.00 WHEREAS, staff recommends awarding the bid for White Slough Water Pollution Control Facility 2016 Improvements Corrosion Repair Project to Western Water Constructors, Inc., of Santa Rosa, in the amount of $1,039,650. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby award the bid (Base Bid + Additive Bid Items) for the White Slough Water Pollution Control Facility 2016 Improvements Corrosion Repair Project to Western Water Constructors, Inc., of Santa Rosa, in the amount of $1,039,650; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of Lodi. Dated: June 15, 2016 ===================================================================


2016-____

AGENDA ITEM C-09


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AGENDA TITLE: Adopt Resolution Rejecting Lowest Non-Responsive Bidder and Awarding Contract for Shady Acres Stormwater Pump Replacement Project to the Lowest Responsive Bidder, TTS Construction Corporation, of Lodi ($148,702)



RECOMMENDED ACTION: Adopt resolution rejecting lowest non-responsive bidder and awarding contract for Shady Acres Stormwater Pump Replacement Project to the lowest responsive bidder, TTS Construction Corporation, of Lodi, in the amount of $148,702.

BACKGROUND INFORMATION: The Shady Acres stormwater pump station serves 806 acres of developed land inside the B-1 Basin watershed (Exhibit A). This pump station site was recently retrofitted with a stormwater

treatment device and is one of two locations in the City where stormwater is discharged into the Woodbridge Irrigation District canal.

The original three vertical turbine pumps were installed in 1983 and have reached their expected service life. The existing motors have malfunctioned multiple times during the past few winters requiring staff to closely monitor the pump station during storm events.

This project consists of furnishing and installing three 40-horsepower vertical axial flow turbine pumps and other incidental and related work, all as shown on the plans and specifications for the above project.

Plans and specifications for this project were approved on April 20, 2016. The City received the following 5 bids for this project on May 18, 2016.

Bidder Location BidEngineer’s Estimate $ 182,000.00 Howk System Modesto $ 145,500.00 TTS Construction Corp. Lodi $ 148,702.00 Golden State Irrigation and Pump Stockton $ 158,499.98 Richard Townsend Construction Oakdale $ 166,348.99 GSE Construction Livermore $ 181,700.00

The lowest apparent bidder, Howk System, did not submit its bid on the required bid proposal form as specified in Addendum No. 1. For this reason, the bid submitted from Howk System is non-responsive. Staff recommends rejecting the lowest non-responsive bidder and awarding contract for Shady Acres Stormwater Pump Replacement Project to the lowest responsive bidder, TTS Construction Corporation, of Lodi, in the amount of $148,702.

jferraiolo

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Adopt Resolution Rejecting Lowest Non-Responsive Bidder and Awarding Contract for Shady Acres Stormwater Pump Replacement Project to the Lowest Responsive Bidder, TTS Construction Corporation, of Lodi ($148,702) June 15, 2016 Page 2

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FISCAL IMPACT: This project will decrease maintenance cost and flooding risk by increasing reliability.

FUNDING AVAILABLE: Wastewater Capital Fund (531) $200,000 ______________________________________ Jordan Ayers Deputy City Manager/Internal Services Director _______________________________ Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, Interim City Engineer CES/LC/tdb Attachments cc: Utility Manager TTS Construction Corporation

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EXHIBIT A

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A RESOLUTION OF THE LODI CITY COUNCIL REJECTING NON-RESPONSIVE BID, AND AWARDING

THE BID FOR THE SHADY ACRES STORMWATER PUMP REPLACEMENT PROJECT

TO THE NEXT LOWEST RESPONSIVE BIDDER, TTS CONSTRUCTION CORPORATION

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

WHEREAS, the Shady Acres stormwater pump station serves 806 acres of developed land inside the B-1 Basin watershed; and WHEREAS, the original three vertical turbine pumps were installed in 1983 and have reached their expected service life; and WHEREAS, this project consists of furnishing and installing three 40-horsepower vertical axial flow turbine pumps and other incidental and related work, all as shown on the plans and specifications; and WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed proposals were received and publicly opened on May 18, 2016, at 11:00 a.m., for the Shady Acres Stormwater Pump Replacement Project, described in the plans and specifications therefore approved by the City Council on April 20, 2016; and WHEREAS, said bids have been checked and tabulated and a report thereof filed with the City Manager as follows: BIDDER LOCATION BID Engineer’s Estimate $182,000.00 Howk System Modesto $145,500.00** TTS Construction Corp. Lodi $148,702.00 Golden State Irrigation and Pump Stockton $158,499.98 Richard Townsend Construction Oakdale $166,348.99 GSE Construction Livermore $181,700.00

Note: Non-Responsive Bid

WHEREAS, the lowest apparent bidder, Howk System, did not submit its bid on a required bid proposal form as specified in Addendum No. 1 of the project, deeming the bid non-responsive; and WHEREAS, staff recommends rejecting the non-responsive bid from Howk System, and award the bid for Shady Acres Stormwater Pump Replacement Project to the next lowest responsive bidder, TTS Construction Corporation, of Lodi, in the amount of $148,702. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby reject the bid from Howk System of Modesto, as being non-responsive; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby award the bid for Shady Acres Stormwater Pump Replacement Project to the lowest responsive bidder, TTS Construction Corporation, of Lodi, in the amount of $148,702; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the contract on behalf of the City of Lodi. Dated: June 15, 2016 ===================================================================


2016-____

AGENDA ITEM C-10

APPROVED: ___________________________________ Stephen Schwabauer, City Manager

K:\WP\PROJECTS\MISC\UCP\2016-17\CC Contracts.doc 6/8/16


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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2016/17 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Downtown Cleaning ($58,614), Transit Facility Cleaning ($48,237), and Hutchins Street Square Landscape Maintenance ($20,236)



RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute contracts for Fiscal Year 2016/17 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown

cleaning in the amount of $58,614, transit facility cleaning in the amount of $48,237, and Hutchins Street Square landscape maintenance in the amount of $20,236.

BACKGROUND INFORMATION: United Cerebral Palsy (UCP) has been working for the Public Works Department since 2000 at several City facilities. Staff is proposing to contract with UCP for downtown cleaning, transit

facility cleaning, and Hutchins Street Square landscape maintenance. The downtown area (Exhibit A) addresses street furniture, trash, litter, spills, and leaf removal; the transit facility cleaning addresses the grounds surrounding Lodi Transit Station, the Lodi Transit Station Parking Structure, and sheltered bus stops; and work at Hutchins Street Square includes weekly landscape maintenance, such as weeding, shrub trimming, and debris removal.

The UCP program provides meaningful work for the disabled. Each UCP crew includes four persons plus a supervisor. The program includes transportation and direct supervision for the crew at the following hourly rates:

2016 2017*Downtown Cleaning $57.07 $59.66

Transit Facility Cleaning $57.20 $59.40 Hutchins Street Square Landscape $55.92 $58.52

*Rates reflect the State Minimum Wage increase effective January 1, 2017.

UCP is the only known nonprofit organization that pays the disabled the State minimum wage. Other organizations are known to pay crew members less and cite additional benefits such as training, transportation, supervision, and overhead as reasons for below-minimum wage compensation. In addition to strengthening the self-esteem of these crew members, the citizens of Lodi continue to receive excellent services at a very competitive price.

Per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City.

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Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2016/17 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Downtown Cleaning ($58,614), Transit Facility Cleaning ($48,237), and Hutchins Street Square Landscape Maintenance ($20,236) June 15, 2016 Page 2

K:\WP\PROJECTS\MISC\UCP\2016-17\CC Contracts.doc 6/8/16

Staff recommends waiving the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price. FISCAL IMPACT: Maintaining a clean downtown core, transit facility, and Hutchins Street

Square enhances the appearance of Lodi, resulting in increased visitation and sales tax generation.

FUNDING AVAILABLE: Subject to budget approval, Funds for these contracts are provided in the

following 2016/17 operating budgets. Downtown Cleaning: $58,614 – Street Fund (30156003) Transit Facility Cleaning: $48,237 – Transit Fund (60054104) Hutchins Street Square Landscape Maintenance: $20,236 – HSS Fund (20071402) _____________________________________ Jordan Ayers Deputy City Manager/Internal Services Director _____________________________________ _____________________________________ Jeff Hood Charles E. Swimley, Jr. Parks, Recreation & Cultural Services Director Public Works Director Prepared by Sean Nathan, Associate Civil Engineer CES/SEN/tdb Attachments cc: Transportation Manager

Building & Event Supervisor PW Management Analyst

µ

EXHIBIT A

Elm St.

Lodi Av.

Pine St.

Churc

h St.

Locust St.

Scho

ol St.

Walnut St.

Oak St.

Pleas

ant A

v.

Main

St.

Sacra

mento

St.

Lee A

v. Pleas

ant A

v.

Main

St.

Legend"S City Dumpsters

City Trash CansCleaning Boundary

CITY OF LODIPUBLIC WORKS DEPARTMENT

Document Path: \\CVCFILV02\PubWks$\WP\PROJECTS\MISC\UCP\Downtown Cleaning.mxd

1 can on eachof 3 levels1 can on eachof 3 levels

400 0 400200

Feet

CityHall


A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE

CONTRACTS FOR FISCAL YEAR 2016/17 WITH UNITED CEREBRAL PALSY OF SAN JOAQUIN,

AMADOR, AND CALAVERAS COUNTIES, OF STOCKTON, FOR DOWNTOWN CLEANING, TRANSIT

FACILITY CLEANING, AND HUTCHINS STREET SQUARE LANDSCAPE MAINTENANCE

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

WHEREAS, staff is proposing to contract with UCP for downtown cleaning, transit facility cleaning, and Hutchins Street Square landscape maintenance; and

WHEREAS, the downtown area addresses street furniture, trash, litter, spills, and leaf removal; the transit facility cleaning addresses the grounds surrounding Lodi Transit Station, the Lodi Transit Station Parking Structure, and sheltered bus stops; and work at Hutchins Street Square includes weekly landscape maintenance, such as weeding, shrub trimming, and debris removal; and

WHEREAS, the program includes transportation and direct supervision for the crew at the following hourly rates:

2016 2017*

Downtown Cleaning $57.07 $59.66 Transit Facility Cleaning $57.20 $59.40 Hutchins Street Square

Landscape $55.92 $58.52

*Rates reflect the State Minimum Wage increase effective January 1, 2017.

WHEREAS, per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City; and

WHEREAS, staff recommends authorizing City Manager to execute contracts for Fiscal Year 2016/17 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $58,614, transit facility cleaning in the amount of $48,237, and Hutchins Street Square landscape maintenance in the amount of $20,236; and

WHEREAS, staff also recommends waiving the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute contracts for Fiscal Year 2016/17 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown

cleaning in the amount of $58,614, transit facility cleaning in the amount of $48,237, and Hutchins Street Square landscape maintenance in the amount of $20,236. Dated: June 15, 2016 ===================================================================





2016-____

AGENDA ITEM C-11



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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Lyons Security Services, Inc. of Orange for Security Services at Hutchins Street Square and Appropriating Funds ($40,000)



RECOMMENDED ACTION: Adopt resolution authorizing the City Manager to execute Amendment No. 1 to Professional Services Agreement with Lyons Security Services, Inc., of Orange for Security Services at Hutchins Street Square and appropriating funds in the amount of $40,000.

BACKGROUND INFORMATION: The growing success of Hutchins Street Square as a rental and events venue means greater need for various services, such as security. Almost all security expenses are passed through our renters or, in the case of most City-sponsored events, recovered through ticket revenue.

The existing contract with Lyons Security, the security provider at Hutchins Street Square since 2012, has a $40,000 annual limit. This fiscal year, that limit was reached in May. Parks, Recreation and Cultural Services wishes to increase the annual limit to $60,000 to account for greater facility use without needing additional City Council approval through the contract term of August 7, 2018, (plus two one-year extensions). The other requested addition to the contract is to define “annual” in a manner consistent with the City’s fiscal year.

FISCAL IMPACT: None, as most security expenses are passed through to users.

FUNDING AVAILABLE: Requested appropriation of $20,000 in Fiscal Year 2015/16 and $20,000 in FY 2016/17 (Rentals Account No. 20071200.72450, Performing Arts Theater Account No. 20071300.72450, Special Events Account No. 20073300.72450).

_____________________________ Jordan Ayers, Deputy City Manager/Internal Services Director


JH:tl

cc: City Attorney

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AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT

LYONS SECURITY SERVICES, INC.

THIS AMENDMENT No. 1 is made and effective this _ day of June, 2016, by andbetween the CITY OF LODI, a municipal corporation, hereinafter called .CITY', and LYONSSECURITY SERVICES, lNC., hereinafter called'CONTRACTOR."

WITN ESSETH

CONTRACT: Contractor and City, entered into a Professional Services Agreement onSeptember 23,2015, for security services at Hutchins Street Square, in the amount notto exceed $40,000 per year ("Agreement"), attached hereto as Exhibit A and made apart hereof. The term of the Agreement is September 23,2015 through August 7,2018.

FIRST AMENDMENT: Contractor and City now desire to amend the Fee Proposalattached to the Agreement as Exhibit B, to increase the annual "not to exceed amount"from $40,000 to $60,000, as the result of increased rentals at Hutchins Street Squarerequiring security services.

3. TERMS AND CONDITIONS: Annual fees are not to exceed $60,000. The term"Annual" refersto a 12-month period starting July 1 and ending June 30 of thefollowingyear. All other terms and conditions, including the hourly rates paid to Contractor, willremain as set forth in the Agreement.

CITY OF LODI, a municipal corporation CONTRACTOR

STEPHEN SCHWABAUERCity Manager

Attest

LYONS SECURITY SERVICES, INC.

By:

Title:

JENNIFER M. FERRAIOLOCity Clerk

Approved as to Form

JANICE D. MAGCity Attorney

CH

zxrrðþfr A

AGREEMENT FOF PROFESSIONAL SSRVICES

ARTICI.E 1

PAñïES.A!!0. ggnPoqq

*t"il',: offir*r is enrered,n,o onftSÞ,4otå bv and berween the clrY -^r^l

oF LODI, a muniClpalcorporation (hereinafler'clTY'), and Lpns security service' lnc' u' u

{he reinafte r "CONTRACTOR')'

Section 1'2 Egr¡gclTy setected the C0NTRACTOR to provide the services raquired ¡n

accordance w¡th attached scope of services, Exhiblt A, atlached and incorporated by

this reference'

clTY wishes to enter into an âgreemenl with coNTRACTOR for securlty guard

seruices (hereinafter "Projecf) as set lorth in the scope of services atteched here as

Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to

CITY.

ARNCLE 2scoPE OF SEFJrlcEs

Sectlon 2.1 SçqRe Pf Scrvicqf;

CoNTRACTOR, for the beneflt and at the d¡rôd¡on of clTY', shall perform the

Scope of Servlces as 6et forth in Exhibit A'

Sectlon 2.2 Ti.me For Cglnmsnopnent q,Ld Conlplcliç.n qf Worll

coNTRAcToR shatl commence work pursuant to this Agreement, upon receipt

of a wrllten notlce to proceed from ÇlTY or on thê date set {orth in section 2'6'

whichever occurs first, and shall perform all servhes diligently and complete work under

this Agreement based on a mulually agreed upon timeline or as otherwise designated in

the ScoPe of SerYices.

CoNTRACTOR shall submlt to clTY such reports, diagrams, drawings and other

work products as may be designated in the gcope of Services'

ooNTRACTOR shall not be responsiblo for delays caused by tho tailure of clw

stafl to provide required data or review documants within the appropriate time frames'

The review time by GITY and any other agancies involved in the proiect shall not be

counled against CONTRACTOR's contract perfotmance period' Also' any delays due to

weathsr, vandalism, acts of God, etc., shall not be counted' 0oNTRACTOR shall

I

rêma¡n in contact with reviewing agencies and make all efforts to review and return all

comments.

Section 2"3 illqtinqsCONTRACTOR shall attend meetings es may be set foÍh in the Scope of

Services.

Sectlon 2.4 St¡ûllnq

CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's

capabilities and on the qualifications of CONTRACTOR's principals and staff ae

identilied in its proposal to CITY. The Scope of Services shall be performed by

CONTRACTOR, untess agreed lo othenrise by CITY in writing. CITY shall be notified

by CCINTRACTOR of any change of Project Manager and CITY is granted the right of

approval of all original, additional and replacernent personnel at CITY's sole discretion

and shail be notified by CONTRACTOR of any changes of CONTRACTOR's proiect staff

priorto any change.

CONTRACTOR represents it ¡s prepared to and can perforrn all services within

the Scope of Services (Exhibit A) and is prepared to and can perform all services

specified lherein. CONTRACTOR represents that it has, or will have at the time this

Agreemenl is executed, all licenses, permits, qualifications, insurence and approvals of

whatsoever nature are legally required for CONTRACTOR to practice its professlon, and

that CONTRAçTOR shall, at its own cost and expense, keep in effect during the life of

this Agreement all such licenses, permits, qualifications, insurånee and approvals, and

shall indemnify, defend and hold harmless CITY against any costs associated with such

licenses, permits, qualificationg, insurance and appnovals which may be imposed against

CITY under this Agreement.

Ssction 2.õ g,ubconÛsq

Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter

into any subcontract with any other party for purposes of providing any wOrk or gervices

covered by this Agreement.

Ssction 2,6 Term

The term of this Agreement crmrìences on Augusl T, 2015 and terminates on

August 7,2418.

Soction 2.7 Option to Extend Tcrm of Asreoment

At íts option, City may extend the terrns of this Agreement for an additional two

(2) one (1)-year extensions; provided, City gives Contractor no less than thirty (30) days

written notice of its intent prior to expiration of the existing term' ln the evant City

2

exêrcises any optlon under thl6 paragraph, all other terme and conditions of thls

Agreement cont¡nue and remaln in full force and elfecl'

The total duration of thie Agreernent, includlng the exerciEe of any option under

this paragraph, shall not exceed five {5} yêars'

ARTICLE 3coMPENSATION

Srction3.l Comncmatlgn

0oNTHACTOR's compengatiOn tOr all work under this Agreement shall contorrn

to the provisions of the Fee Proposal, attached herelo as Exhlbit B and incorporated by

this reforence.

CoNTRACTOH shall not undertake any work beyond the scope of thig

Agreement unlôss such additional worl< is approved in advance and in wfn¡ng by clTY'

Srction 3.2 t{gthod of Pavment

GoNTFACTOR shall submlt lnvOices for completed work on a monthly basis, or

as otherwise agr€ed, providing, withoul llmitation, details ås to amount ol hours'

individual performing said work, hourly rate, and indicatlng lo what aspect of the Scope

ol servicss said work i9 attfiþutable, ÇoNTRAOTOR's compensation for all work under

this Agreemênt shall not exceed the arnounl of the Fee Proposal.

Section 3.3 Costs

The Fee Proposal shall lnClUde all reimbursable costs required for the

perlormance of the Scope of servlces. Fayment of additional reimbursable cosls

coneidered lo be over and above those lnhsrênt in the original Scope ol Services shall

be approved in advanced and in wr¡ting, by CITY'

Ssction 3"tl Auditin¡

CITY reservss the dght to periodically audit allcharges made by CONTRACTOR

to clTY for eewlces under this Agteemant. upon request, 0ONTRACTOR agrees to

lurnish clTY, or a designated representalive, wlth n€cessafy information and assistance

needed lo çonduÇt such an audll'

CONTRACTOR agrees that CITY or its delegate \rvill have lhe right to review,

obtain and copl/ all records pertainlng to perlormance of this Agreement'

C0NTRACTOR agrees to provide clTY or its delegate with any felsvant information

fequest€d and shall permll clTY or ite delegate âccess to its pternises, upon reasonable

notice, during normal þusiness hours for lhe purpoee o1 interviewing employees and

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inspecting and copying such þookg, records, accounls, and olher material that may bo

relevant to a matter under investigation for the pu.posê of determíning compllanoe with

this requirennent. GoNTRACTOR further agfees tO maintain such records for a period of

three {3} years after linal payment under thls Agreemont'

ARTICLE 4iJüscçÇçANEpus lnovlslot'ls

Section4.l Non{iccrlr¡llt¡tion

ln performing seryices under this Agreement, ÇoNTRACTOR shall not

discriminate ¡n the employmant of its employees or in the engagement of any sub

CCINTRAÖTOF on the basis of racB, Colof, religiOn, ssx, gexual orienlation' marltal

status, national origin, ancestry, âge, or any Olher criteria prohibited by law'

Secllon 4.2 ADA Comqllanop

ln parforming seruices under fiis Agrcement, 00NTRACTOR çhall comply with

the Americans with Dleabilities Act (ADA) of 1990, and all amendmentE lhereto' as well

as all applicable regulations and guidelines issued pufsuant to tha ADA'

Seotlon 4.3 lndomnilicstion and Rpeporglbilllv for O¡maç

CONTRACTOR to the futlest extent permitted by law, shall indarnnify and hold

harmlegs clTy, its elected and appointed officials, directors, officers, employees and

volunteers trorn and against any ctaims, damages, lossÊs, and expenses {lncluding

reasonaþle attorney's fees and costs), ar¡sing sut of performance ol lhâ sôrvices to be

pedormed under this Agreament, provided that any guch claim, damage' loss, or

e¡çense is caused by üre negligent acts' errors or ornissiOns of CONTRACTOR' any

subconlractor emptoyed diractly by CONTRACTOB, anyone directly or indirsctly

€mployed by sny of them, or anyone for whose acts they may be liable, except those

lnjuries or darnages arising out of the active negligence, sole negligenco' or sole willlul

rnisconduct of the clty of Lodi, its elected and appointed officials, dirÔctor$' officofs,

employees and volunteers. clTY may, at its election, conduct the defense or pafticipate

in the d6fênse 0f any claim related in any way to this indemnlflcation' lf CITY chooses et

its own elecllon lc cOnducl its own delense, participate in lts own dsfense' Or oþtAin

independent legal counsel in defense of any claim relst€d to this indemnification'

ooNTRACTOR shall pay åll ol the costs related thereto, includlng without limitation

reasonable attornsy fees and costs. The defense and lndemnification obllgations

required by lhie Agreernent are undeftaken in addltfon to, and shall not in any way be

limited by the insurance obligations set torth herein'

&

Sectlon 4.4 f'lo Psr¡onal LlrþllitlNeither thô Cily Ccuncil, not any other olltcer or aulhorized asslstant or agent or

City ernployae shall be personally responsible for any liability arising under this

Agreement.

Sectfqn 4.5 Bqf¡onclbllltv of CITY

ClTy ehall not þe hald responsibls for the care or prot€ctlon of any materlal or

parts of the work describod in the Scope ol Servicee prior to final acceptance Þy CITY'

exeæpt as expressly prcvlded herein.

Seclion 4.6 lnsur¡nco Fo{ulrsment¡ fo-r COi{ÍFåSTOR

CONTFACTOR shall take out and maintain during the lile of this Agreement,

insurance coverage as $et fqrth in Fxhibit C attached hersto and incorporated by this

referense.

Section 4.7 Succc¡sor¡ ¡nd AFç[snl

clTy and coNTRACTOR each þind themselves, their pârtners, succesgofs,

assigns, and lega! representalÍves to this Agreemênt withôut lhe wr¡tten consent of the

others. CONTBACTÕR shall not assign or transler any lnterest in thle Agreement

wlthout the prior written consent of CITY. Consent to any such transfer shall þe at the

sole dlscretion of CITY.

$ec'tion ¿1.8 ï,stisceAny notíce required to þe given by the têrms of thÍs Agreement shall be ín writing

signed by an authorized representative of the sender and shall be dsemed to have bean

given when the same is personally served or upon receipt by express or overnight

delivery, poslage prepaid, or three {3) days from the time of mailing if sent by flrst class

or certifled mail, postage prepaid, addresçed to th€ respective parties as lollows:

To CITY: CitY of Lodi221 West Plne StreetP.O. Box 3006Lodi, ÇA s5241'19'10Attn: Jeff Hood

To CONTHACTOR: Lyone $ecurity Seruice, lnc,2582 N. $antiago Blvd.Orange, CA 9âô87

Sectåon ¿1.9 Qpgoontjon qf CITY

CITY shall cooperate fully and in a timely manner in providing rslevant

inlormalion it has at its disposa! relEvant to the Scope ol Services.

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Seotlon 4.t0 CONTFACTOB ie No! an Emeloqop ol ÇlW

CONTBACTOFI agrees that in undertaking the duties to be performed undor this

Agregment, it shall act äs an independent contractor fsr and on behalf ol CITY and not

an ernployee ol ClTy. CITY shall not direct the work and means for accompllshmenl of

the services and work to be peÍformsd hereunder. clTY, how€ver, rgtåins the right to

require that work pedormed by CONTRACTOR maet speclflc standards without regard

to the manner and mearì$ of accomplishment lhereof'

Sectlon 4.1'l fg$E¡¡dlggCITY may terminate lhis Agreernent, with or without cause' by giving

CoNTÊACTOR at teast ten {10) days wrilten noticÕ. where phases are anticipated

within the scope ol services, at which an interrnedlate decision is required concerning

whether to proceed tuüher, clTY may terminate at the conclusion of any such phase.

Upon ierrnlnation, CONTRACTOR shall be entitled Ìo payment as set forth in the

at¡ached Exhibit B to tha extonl thst the work has been perlorrned. Upon letmlnatíon,

oCINTRACTOR shall imrnediately suspend all work on the Proiect and deliver any

docurnante or work in progress to clTY, However, CITY shall assume no llability lor

costs, sxpenses or lost profits reoulting frçrn services not completed or for contracts

entered into by 0oNTRACTOR with third parties in reliance upon this Agreernent'

Soction 4.12 9ørfidenllalltvOONTRACTOFT agraes to malntain confidentiality of all work and wcrk produols

produced under lhis Agreement, except to the extent otherwise requked by law or

permitted in wrlting by clTY. clTY agrees to mainta¡n confidentiality of any docurnents

owned by TONTHACTOR and cleaily markgd by CONTRACTOR as 'Confidsntiå|" or

,,proprletary", except to the extent otherwise required by law or permitted ¡n wrlting by

coh¡TRAcTOR. CONTRACTOR acknowledges thât clTY is aubJeot to the californla

Public Records Act.

Sectlon rt,'! g Applleabls Law. Juriralictlonrsev6{'abil¡tv. anð¡, Atlornctls Fcs¡

This Agreernent shall be governed by the laws of the State ol California'

Jurisdiction of titigation arising frorn this Agreemont shall be uenued with the San

Joaquin County Superior Court. lf any part of this Agreement is found to conlllct with

appllcsþle laws, such pa* shall be inoporative, null, and void insofar as ¡t ¡s in conflict

with said laws, but the rernainder of this Agreement shall be in force and effect. ln lhe

event any dispute behfie€n the parties a¡ises under or regarding this Agreement, the

provalling party ln any litigatlon ol the dispute shall þo ent¡tled to reasonablo attornoy's

6

tees from th€ party who does not prevail as determined by the San Joaquln County

Superior Court.

Scction 4.14 CltY Fut¡n€ge Lic€n

CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020

requires CONTHACTOR to have a city business license and CONTBACTOR agroos to

secuf€ such license and pay the appropriate fees prior to periormlng any work

hereunder.

Scction 4.15 Êgnllg¡gThe caplions of the sections and subseetions of this Agreement are for

convenience only and shall not be deemed to þ€ Televanl in rasolving any question or

interpretation or intent hereunder'

Section 4.16 htegratton rnd ModlÍe¿tlon

This Agreement reprosonts the Êntire understanding of Clry and

CoNTRACTOR as to thoee matters contained herein, No prior ora! or written

understsnding shall bo of any force or e{fect with respect to those matters covered

hereunder. This Agreernent may not be modified or altered except in writing, signed by

both parties.

Seclion4.l?@All exhibits and this Agreement are intended lo be construod as a slngle

document. Should any inconsistency oÕcur bêtì,veen the specific terms of this

AgrêêmÉnt and the attached exhibits, the lerms of this Agreemont shall ptevail'

Seclion 4.18 SEçggþlll&The invalidity in whole or in part of any provlsion of this Agreeñent shall nol vold

or aflect the valldity of any olher provision of tt¡is Agreement'

$eotlon4.19@Al¡ documents, photograph$, reports, analyses, audits, computor media, or other

material documents or data, and working papers, whether or not in flnal lorm, whlch

have been obtained or prepared under this Agreement, shall be deemad the property of

ClTy. Upon ÇlTY's request, CCINTRACTOR shall allow CITY to inspect all such

documents during CONTRACTOR's regular business hours. Upon termination or

cornpletion of servlcos under lhis Agreement, all informalion collected, work product and

docsments shall be delivared by CONTHAGTOR to CITY wilhin ten (10) calendar days'

C¡TY agrees to indêmnify, defend and hold CONTRACTOR harmlees from any

liability resulting from CITY's use of such documênts for any pulpose olher than the

purpose for which they were intendsd.

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Section 4.20 åg!þrl$The undersigned hereby represent and warrant that they are authorlzed by the

parties to execute lhis Agreement.

Ssction {.21 .F-gdcral Tran*it EgïdlFo Çon{irigoq

tr ll the box at têlt is cfiecked, the FederalTransit Funding conditions attached ag

Exhibit D apply to this Agreemenl. ln the event of a conllict betu¡sen the terms of thie

Agreement or any of its ottær exhþlts, and the Federal Transit Funding Conditions, the

Federal Transit Funding Conditions will control'

IN WITNESS WHEREOF, CITY and CONTBAGTOR have sxocutèd this

Agreemenl ae of the date first abow wrltten'

CITY OF LODI, a municipal corporation

ATTEST:

JClerk City Manâgar

APPROVEDAS TO FORM:JANICE D. MAGDICH, C¡tY AttorneY

LYONS SECURITY SERVICE, INC.

By:

AltachtnsntstExhlbit A-ÇcoPe of ServiæoExhlbitB-FeêProPosalExhibit G - Ingurance RcqulrcmonleÈxni¡it O - Fedcral Traneit Fundlng Cordltlons (if applicable)

Fundlng Source: 200?f 3so.?q0?.!4p0.200733,gqF¡An¿* Únlt & Account !lo')

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CA¡Rev.0t.20i5

By: &å*t.þ.^- G.^^å*r.*,Narne: \(o.Hr.\ee¡n 6.^\ é'i cgTitle: Q."*..Å".-!-

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ExhtbiË A

A, Scooe ol-sofvlce$ tor !.lulch¡ns $$êat s0vars communitv centêi

Conttactor'5 sðcurity guards, as required by the City. ol Lodiat Hutchins

Struãt-Squ*re inãfräãt in the best iñterests of lhe City as listed below:

l. Guard arr¡valtirnes are tlzhau¡ before events' except for theatre

ãuãnrs which àirivâ time iç t hour before event' Gua¡ds are expected

¿ ¡¡sptav a piðrásrional image and manner at all ¡mss while on duty'

õonristent üritn tn¡s is the exþectalion that guards will þe alert lo their

surroundings at alltimes whiie on duty and will not be Sngag€l in any

ãot¡u¡tie. *rät ã¡slract them {1.e, readi'-ng, ealing, smoking, otc.} floT

thãprformunce oitheir assigned duties. The guards are expocléd lo

r"rä¡n onsite durlng meal brãaks orbe relieved by anothor gqsrd

during his or her mðal break. Breaks shall be fgpgrtsd to HSS event

átienãant pr¡or to ãniet, Eating and smoking shatloccur in designated

areas onlY,

2, Security guards, as required by the GITY' are to acl in tho best interests

of the ClTy to proiect iis patrons, contract employeas, lacilities, vehicles

and gueets, fnc securli gulrds shall be pregtl! to monilor psrsons

and ãctiviti€s in and aroúnã the designated lacilities to ensure a safe

environment îor all individuals. Tho guard(s) wilt be reguired io a9t o1

þehall of the Citi Jt Lodi in an effiòiont, courleous, and prolassional

mãnn"r. at all tirnés, to monitor and notily the event attêndanl on duty 0f

irnproper or Oestruäive þehavior, and to insist that appropriSte b€hryior

pràali, Security peisonnel pûwsrs sl arrest are no groat€r than that 0f *;;lúË .itùãn. îñe sacurity company shatl âssume full liabitlty lor any oT

if,räii smpfoyå"t in tne åxerciåing-.ol any. police authoritp - When

ñ""ussaty, itre ptop"r police authõfty shall.be.summonod. Secudty

Ñggrñrí; snali uåe nb force unlesb absolutoly nsas€eary {or sell-

ã"fense. Secuiitv personnel shallalways be cooperative with authorized

ernergency põrsótinàt, by providing assistance, while not interfer¡ng in

the Perforn'rance of their dulies'

3. l-lutchins Street Square will be patrollod 0n lqot' The guard{s} will be- requ¡reC to periorm security sweàps of tha parkilg lols and pørlmeters o{

Hutchins Street Squaro Cómmunity Csnter as diractsd for the event. ln

addition t0 th; seiurity sweeps, uion arrlvalts Hutchins S!pe1 Square

öõmmun¡ty Cànter, the guard(s) will report for check in with the event

attendanl fOr site placement, depending on events requironnenls'

4. Guards shall rnaka avallable, at any time while on duly, their security

Suãid cards. Guards shall þe axpeiled to present cards to msmbers of

ifnu lod¡ Police Departrnent or designäted City of Lodi omployoes on

demand. Failure to produce a valid security guard card shallbe grounds

for terminalion ol the contract.

5. At¡ guards must be neat, clean and prOperly uniformed and have a clear

corñmand of the English language. The security guards must possess

ànd exercisÊ 3trcng'peßonal inleraotive skllts ln dealng w¡th thê HSS

Èvent Statf and thdpublic. Uniforrns shall nol be sirnilar to those 0f the

tìdi police Departn'ient. All shirts shall be tucked in' Head covers, il

*oin, shall be ä part of the unilorm. Service prwider.will provide ph.oto

identification badges for all security guards assigned to work ât HSS

facilities.

6. All guards will be €quipped with City issued tadios or phones capable of

corãmunicating with'oiher guards and lhe¡f dispatch site' ln addition 1o

the radis*, guãrds must have a côllular phone for.communication wlth

Lodi Folice or other deparlrnenlo/lndividuals provided by the. service

provider. No personal rnedia players will be allowed to þe used by any

Êecur¡ty Personnelwhile on duty.

7. Security guards shall arrive at Hutchins Street Square Çommunily

óenier'prãperty uniformed, with all necessary equapmenì to-perfotm job

satisTaciorily" Âdditlonally, guards shall refrain from sociallzing with any

ó"lgrorp ior any period õt time unless nececs¡tât€d as-part of their

patroi duites. Cuards shall refrain from onsite vis¡tors at åll times wh¡le

on duty.

8, Area of security service shall include back of sidswalk encompassed by

4 streets surrounding Hutchins Street $quare: Hutchins, Rose, Walnut,

and Oak Streets" See Addendum B - Map'

g. Security guards will serve as a visualdeterrent lo criminal and disruptive

behavior for inside and outside the HSS facllity.

10. Security guard{s} will patrol all parking lots as required by onsite manager

of event allendant.

1 1 . Service prOvider will contact onsite fnanager or event attendant

immediàtely on issues that arise during supervision.

12. $ecurity psrsonnel are to follow specilic dlrection of Hutchins Street

Square/City ol Lodistalf at alltimes while on duty at the HSS facility'

13. Security guard{si will patrol arêas as 6pêcifiÊd by on Eite manager or

event a:ttendant via radio issued by HSS facility staff.

14 8. Addendum - Map of HSS facilities.

ADDENDUM TO SCOPE OF SERVICESMAP OF HUTCHINS STREET SQUARE FACILITIES

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Exhibit BCityof l.odi -

Standard Prcfessionsl Ssrvices Agreement

Hutchins Street Square Socurity Guard Serviccs

The an¡ual fce is not ûo exc€ed $40'000.00.

Security Officer: $17'85 Per hour- $26'?7 per hour for Overtime and Holidays

EXHIBIT C

lnpurangå"Ro_qulråqllntg for Contractor The Contractor shall take out and maintain during the life of thisAgreement, insurance coverage as listed below. These insurance policies shall protect Contractor and anysubconlrac{or performing work covered by this Agreement from claims for damages for personal injury, includingaccidenlal death, as well as from claims for property damages, which may arise from Conlraclor's operations underthis Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly orindirectly employed by either of them, and the amount of such insurance shall be as follows:

1. C_OMPREHENSTVE_GENERALLTABTLTry$2,000,000 Each Occurrence$4,000,000 General Aggregate

2. COMPREHEN9LUE:qUTO.Mo..B_ILE LlABlLlw$1,000,000 Combined Single LirnitSuch insurance shall cover liability arising out of any vehicle (including, owned, hired and non-hired vehicles)operated in performing any and all services pursuant to th¡s Agreement. Coverage shall be written on ISO formCA 00 0l 12 90, or a laler version, that provides liability coverage at least as broad as this form.

3. P.Fp.E_ESSTONAL LrABrLrrYl ERRORS ANp OMTSSTONS$2,000,000 Each Occurrence

All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers,agents, employees, and volunteers. All deductibles or self-ínsured retentions (SlR) must be disclosed to City's RiskManager for approval and shall not reduce lhe limits of liability set forth hereinabove. lnsurance policies containingany deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfiedby either the Named lnsured{s) or the City of Lodi.

It is required that any available insurance proceeds broader than or in excess of the specified minimum insurancecoverage requirements andlor limits set forth above, shall be available to City as an addítional insured. Furthermore,the requirements for coverage and limits shall be (i) ihe minimum coverage and limits specified in these insurancerequirements; or fii) the broader coverage and maximum limits of coverage of any insurance policy or proceedsavailable to the Contractor; whichever is greater.

Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claimsperiod following termination of coverage which is at least consistent with the claims period or statutes of limitationsfound in the California Tort Claims Act (California Govemment Code Section 810 et seq.).

A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City:

(a) Additional NaFed lnsurçd_-Ë.Fdo_rse$ÊS!Pursuant to a separate endorsement (lSO form CG 2010 (1 1/85) or a later version, that provides liabilitycoverage at least as broad as lhis form) such ínsurânce as is afforded by this policy shall also apply to the Cityof Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers asaddilional named insureds. An additional named insured endorsement is also required for Auto Liability.

(b) PrimaryandNon-Çqnlributorvlnsurance.Çndorseme¡!Addítional insurance coverage under lhe Conlractor's policy shall be "primary and non-contributory' and willnot seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 2001 04 13. A primary and non-contributory insurance endorsemeni is also required for Auto Liability.

NOTE: (1) The street address of the CITY OE LqDl must be shown along with (a) and (b) above: 221 WestPine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as anendorsement, a description of the oroiect thal it is insuring.

(c) Waiv,et.of$ubtocq!.igjlnclude a waiver of subrogation againsl the City of Lodi, ils elected and appointed boards, commissions,officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability.

Page I I of2 pages I Risk: rev,08,2015

lngqrang!ì Raoul{or,nÊnts f.or Coçtraptor (continued)

id) Lirnit of CoveraaeThe limits of insurance coverage required may be satisfied by a combination of primary and umbrella orexcess insurânce. Any umbrella or exceas insurance of Contracior shall contain, or be endorsed 1o contain, aprovision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Citybefore ihe City's own insurance or self-insurance shall be called upon to protect the City as a named insured.

{e) Severabillþ of lntere$ elauseThe term "insured" is used severally and not collectively, but the inclusion herein of more than one insuredshall not operate to increase the limit of the company's liability.

(Ð Nolics oJ Canc¡llatign or ehange in Coveraçe EndorsernentThis policy may not be canceled nor lhe coverage reduced by the company without 30 days' príor writtennotice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi,221 West Pine St., Lodi,cA 95240.

(g) Ç.gl.tlnultvglC-ovrpraqeAll policies shall be in effect on or before the first day of the Term of this Agreernent. At least thirty (30) daysprior to the expiralion of each insurance policy, Contractor shall furnish a certificate(s) showing that a new orextended policy has been obtained which meets the minimum requirements of this Agreement. Contractorshall provide proof of continuing insurance on at least an annual basis during the Term. lf Contractor'sinsurance lapses or is discontinued for any reason, Contractor shall immediately notifo the City andimmedíately obtain replacement insurance.

(h) Failure to Complvlf Contractor fails or refuses to obtain and maintain the required insurance, or fails to províde proof ofcoverage, the City may oblain the insurance. Contractor shall reimburse the City for premiums paid, withinterest on the premium paid by the City at the maximum allowable legal rate then in effect in California. TheCity shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amountpaid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and intereston the first (1"t) day of the month following the Cil¡r's notice. Notwithstanding and other provision of thisAgreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or failsto provide proof of insurance, ihe City may terminate this Agreement upon such breach. Upon suchtermination, Contractor shall immediately cease use of the Site or facilities and commence and diligentlypursue the removal of any and all of its personal property from the site or facilities.

ü) tualified lnsvrer{s}All insurance required by the terms of this Agreement must be provided by insurers licensed 1o do business inthe State of California which are rated at least "A-, Vl" by the AM Best Ratings Guide, and which areacceptable to the City. Non-admitted surplus lines carriers may be accepted provided they are included on themost recenl lisi of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements.

WorkeË Oomeôtlqat oF lncuranqg The Contractor shall take out and maintain during the life of ihis Agreement,Worker's Compensation lnsurance lor all ol Contractor's employees employed at the site of the project and, if anywork is sublet, Contractor shall require the subcontractor similady to provide Worker's Compensation lnsurance for allof lhe latter's employees unless such employees are covered by the protection afforded by the Contractor. ln caseany class of employees engaged in hazardous work under this Agreement at the site of the project is not protectedunder the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor toprovide insurance for the protection of said employees. A waiver of subrogation is required for workerscompensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior writtennolice of such cancellation or reduction in coverage to lhe Risk Manager, City of Lodi, 221 West Pine St., Lodi, CAs5244.

NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsementsrequired. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after theeffective date,

Page2¡of2pages I Risk: rev.08.2015


A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE

AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH LYONS SECURITY SERVICES, INC. OF ORANGE, AND APPROPRIATING FUNDS ($40,000)

======================================================================== WHEREAS, the growing success of Hutchins Street Square as a rental and events venue means greater need for various services, such as security; and

WHEREAS, the existing contract with Lyons Security, the security provider at Hutchins Street Square since 2012, has a $40,000 annual limit; and WHEREAS, Parks, Recreation and Cultural Services wishes to increase the annual limit (not to exceed amount) from $40,000 to $60,000 to account for greater facility use without needing additional City Council approval through the contract term of August 7, 2018, (plus two one-year extensions).

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Lyons Security Services, Inc., of Orange, increasing the annual not to exceed amount from $40,000 to $60,000; and BE IT FURTHER RESOLVED that funds be appropriated as shown on the attached Appropriation Adjustment Request Forms. Dated: June 15, 2016 ======================================================================== I hereby certify that Resolution No. 2016-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – JENNIFER M. FERRAIOLO City Clerk 2016-____

AGENDA ITEM C-12


K:\WP\COUNCIL\2016\CCKratos_Amend#1.doc 6/8/16


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AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Kratos Public Safety & Security Solutions, Inc., of San Diego, for Repairs and Maintenance of City Security Doors, Gates, and Access Control ($50,000)



RECOMMENDED ACTION: Adopt resolution authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Kratos Public Safety & Security Solutions, Inc., of San Diego, for repairs and maintenance of City security

doors, gates, and access control, in the amount of $50,000.

BACKGROUND INFORMATION: Kratos Public Safety & Security Solutions, Inc. (Kratos), has installed and maintained the key access systems for the Police Department, Municipal Service Center, White Slough Water Pollution Control Facility, Surface

Water Treatment Plant, Library and Lodi Transit Station. Kratos has been designated as the sole supplier of these systems in past Council actions, to keep all systems consistent and allow for interoperability.

At the August 20, 2014 meeting, City Council approved a professional services agreement with Kratos for on call repairs and maintenance for all City facility security doors, gates and access control for a period of five years. Staff has identified eight locations that currently have no access control. Amendment No. 1 includes the installation of additional access control equipment at the following recommended locations:

City Hall east basement door City Hall west main floor door City Hall Annex server room door City Hall Annex radio room door City Hall Annex south exterior door City Hall Annex network distribution room door Municipal Service Center main door

The scope of services in Amendment No. 1 also includes the installation of two new access control panels at the Municipal Service Center. The existing access control panels will become obsolete in 2019 and this is the initial step toward updating all of the City’s access control panels. As repairs and/or maintenance on existing control panels are required over the next three years, these existing control panels will be updated as necessary.

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Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Kratos Public Safety & Security Solutions, Inc., of San Diego, for Repairs and Maintenance of City Security Doors, Gates, and Access Control ($50,000) June 15, 2016 Page 2

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FISCAL IMPACT: Funds for this project are included in the current year Facilities Operations

budget FUNDING AVAILABLE: Facilities Operations (10051000) W/WW Admin (53053001/56052001) ______________________________________ Jordan Ayers Deputy City Manager/Internal Services Director _______________________________ Charles E. Swimley, Jr. Public Works Director CES/RAY/tdb Attachment


A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT WITH KRATOS PUBLIC SAFETY & SECURITY SOLUTIONS, INC.

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

WHEREAS, Kratos Public Safety & Security Solutions, Inc. entered into a Professional Services Agreement with the City on September 3, 2014 (“Agreement”), for on-call repairs and maintenance of City security doors, gates, and access control; and

WHEREAS, Kratos has been designated by the Council as the sole supplier of security doors, gates and access control for the City to insure all systems are consistent and allow for interoperability; and

WHEREAS, it is recommended that following locations have access equipment installed:

City Hall east basement door; City Hall west main floor door; City Hall Annex server room door; City Hall Annex radio room door; City Hall Annex south exterior door; City Hall Annex intermediary distribution frame room door; and Municipal Service Center main door. WHEREAS, staff recommends that the City Council amend the Agreement to extend the

Scope of Work and increase the not to exceed amount by $50,000, for a total not to exceed amount of $125,000, over the existing term of the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby

authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Kratos Public Safety & Security Solutions, Inc., dated September 3, 2014, extending the Scope of Work as set forth above, and increase the not to exceed amount by $50,000, for a total not to exceed amount of $125,000 over the existing term of the agreement.

Dated: June 15, 2016 ========================================================================

I hereby certify that Resolution No. 2016-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – JENNIFER M. FERRAIOLO City Clerk

2016-____

AGENDA ITEM C-13


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AGENDA TITLE: Adopt Resolution Ratifying the San Joaquin Council of Governments’ Annual Financial Plan for Fiscal Year 2016/17



RECOMMENDED ACTION: Adopt resolution ratifying the San Joaquin Council of Governments’ Annual Financial Plan for Fiscal Year 2016/17.

BACKGROUND INFORMATION: Attached is a summary of the San Joaquin Council of Governments’ (COG) Annual Financial Plan (AFP) for Fiscal Year 2016/17 (Exhibit A). The COG Board adopted the AFP on March 24, 2016 (Exhibit

B). Pursuant to COG’s Joint Powers Agreement, the budget is to be ratified by the City of Lodi and the other agencies in the County following adoption by the COG Board.

Staff would like to acknowledge both the importance of the work COG performs and the significant and excellent assistance their staff provides in delivering transportation projects in the City and the entire County.

FISCAL IMPACT: This is the operating plan for COG. COG oversees Measure K funding for several projects in Lodi, including street maintenance, as well as the administration of several federal funding sources.



CES/CES/tdb Attachments

cc: Janice D. Magdich, City Attorney Steve Dial, COG Deputy Executive Director/Chief Financial Officer

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tbutorovich

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Exhibit A

tbutorovich

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Exhibit B


A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS’ (SJCOG)

2016/17 ANNUAL FINANCIAL PLAN =================================================================== WHEREAS, the San Joaquin Council of Governments (SJCOG) has approved its fiscal year 2016/17 budget by adopting Resolution No. R-15-24 as shown on Exhibit A attached hereto and made a part of this Resolution; and WHEREAS, SJCOG is required to forward such Resolution to its member governments for their review and ratification. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby ratifies the 2016/17 Annual Financial Plan for SJCOG. Dated: June 15, 2016 ===================================================================


2016-____

tbutorovich

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Exhibit A

AGENDA ITEM C-14


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AGENDA TITLE: Adopt Resolution Authorizing City Manager to File Claim for 2015/16 Transportation Development Act Funds in the Amount of $3,547,687 from Local Transportation Fund and $192,216 from State Transit Assistance Fund



RECOMMENDED ACTION: Adopt resolution authorizing City Manager to file claim for 2015/16 Transportation Development Act funds in the amount of $3,547,687 from Local Transportation Fund and $192,216 from State Transit Assistance Fund.

BACKGROUND INFORMATION: Each year, the City of Lodi receives an apportionment of Transportation Development Act (TDA) funds to support Lodi’s transit operations and pedestrian/bicycle costs. These are State transportation funds that are

primarily for non-vehicular (transit) transportation but can be used on roads if transit needs are being met. The funding is channeled through the San Joaquin Council of Governments (SJCOG), our regional transportation planning agency. The claim for Fiscal Year 2015/16 is $3,547,687 from Local Transportation Fund (LTF) and $192,216 from State Transit Assistance (STA), as follows:

LTF STA Total Transit Operations $1,562,170 1,562,170

Transit Capital Projects 1,476,374 189,071 1,665,445 Pedestrian/Bicycle Projects 44,071 44,071 Streets/Roads Projects 400,000 400,000

SJCOG Planning and Administration 65,072 3,145 68,217 Total $3,547,687 $192,216 $3,739,903

As shown above, the LTF and STA funds will be utilized for transit operations, transit capital projects (transit station improvements, bus stop shelter improvements, transit buses, etc.), pedestrian/bicycle projects (sidewalk repairs), streets/roads projects (Cape Seal Improvement Project) and SJCOG planning and administration. The LTF funds include reclaimed carryover amounts from Fiscal Year 2014/15 in the amount of $516,703 for pedestrian/bicycle projects, transit operations and capital purposes. The SJCOG board is scheduled to consider approving the TDA claim on June 23, 2016, following City Council’s approval. The City Manager may make minor adjustments when filing the final claim, based upon SJCOG review and comments.

The City’s transit operations (GrapeLine, Dial-A-Ride, and VineLine) are fully funded with TDA, Federal Transit Administration funds, fare revenues and other competitive funding sources. Transit is not dependent on any General Fund money. We intend to continue to use TDA funds for transit, pedestrian/bicycle-related projects, streets/roads projects and maintenance as much as possible.

jferraiolo

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Adopt Resolution Authorizing City Manager to File Claim for 2015/16 Transportation Development Act Funds in the Amount of $3,547,687 from Local Transportation Fund and $192,216 from State Transit Assistance Fund June 15, 2016 Page 2

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FISCAL IMPACT: This action will allow the City to claim and receive TDA funding for Fiscal Year 2015/16, which will pay for on-going operations and capital needs.

FUNDING AVAILABLE: Not applicable. _______________________________ Charles E. Swimley, Jr. Public Works Director Prepared by Paula J. Fernandez, Transportation Manager/Senior Traffic Engineer CES/PJF/tdb cc: Financial Services Manager and SJCOG staff, Lynnetta Castle-Martinez and Ryan Niblock


A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO FILE CLAIM FOR 2015/16 TRANSPORTATION

DEVELOPMENT ACT FUNDS IN THE AMOUNT OF $3,547,687 FROM LOCAL TRANSPORTATION FUND AND $192,216 FROM STATE TRANSIT

ASSISTANCE FUND ========================================================================

WHEREAS, each year, the City of Lodi receives an apportionment of Transportation Development Act (TDA) funds to support Lodi’s transit operations and pedestrian/bicycle costs; and

WHEREAS, these are State transportation funds that are primarily for non-vehicular (transit) transportation but can be used on roads if transit needs are being me; and

WHEREAS, the claim for Fiscal Year 2015/16 is $3,547,687 from Local Transportation Fund (LTF) and $192,216 from State Transit Assistance (STA), as follows:

LTF STA Total Transit Operations $1,562,170 1,562,170 Transit Capital Projects 1,476,374 189,071 1,665,445 Pedestrian /Bicycle Projects 44,071 44,071 Streets/Roads Projects 400,000 400,000 SJCOG Planning and Administration 65,072 3,145 68,217 Total $3,547,687 $192,216 $3,739,903

WHEREAS, The SJCOG board is scheduled to consider approving the TDA claim on June 23, 2016, following City Council’s approval; and

WHEREAS, The City Manager may make minor adjustments when filing the final claim, based upon SJCOG review and comments; and

WHEREAS, staff recommends authorizing City Manager to file claim for 2015/16 Transportation Development Act funds in the amount of $3,547,687 from Local Transportation Fund and $192,216 from State Transit Assistance Fund.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize City Manager to file claim for 2015/16 Transportation Development Act funds in the amount of $3,547,687 from Local Transportation Fund and $192,216 from State Transit Assistance Fund.

Dated: June 15, 2016 ========================================================================


2016-____

AGENDA ITEM C-15


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AGENDA TITLE: Adopt Resolution Authorizing City Manager and Designee to Execute and File Grant Applications to Receive Federal Funds for Transit Projects with the Federal Transit Administration and to Execute any Related Grant Applications, Certifications, Assurances, Forms, Agreements and Associated Documents



RECOMMENDED ACTION: Adopt resolution authorizing City Manager and designee to execute and file grant applications to receive federal funds for transit projects with the Federal Transit Administration and to execute any related grant

applications, certifications, assurances, forms, agreements, and associated documents.

BACKGROUND INFORMATION: In order for the City of Lodi to be eligible to receive future Federal Transit Administration (FTA) grant awards, FTA staff has directed grant recipients to adopt updated authorizing resolutions to comply with Fixing

America’s Surface Transportation (FAST), a recent piece of federal legislation Congress enacted to supersede the Moving Ahead for Progress in the 21st Century Act otherwise known as MAP21.

The City of Lodi accesses FTA’s funding programs under FAST to create, submit, execute, and manage Section 5307, 5339, 5340, and Congestion Mitigation and Air Quality grant funds for transit operations and capital projects. The City Attorney and the Transportation Manager annually submit certifications and assurances demonstrating compliance with FTA regulations and guidelines. In addition, the Transportation Manager oversees and executes FTA grant submittals, and responds to financial questions from the FTA regarding federal grant documents. The grant submittals are reviewed annually by the City’s financial auditors to ensure compliance.

Staff recommends City Council authorize the City Manager and designee to execute and file grant applications to receive federal funds for transit projects with FTA and to execute any related grant applications, certifications, assurances, forms, agreements and associated documents.

FISCAL IMPACT: Failure to adopt the resolution will result in the City not receiving federal funds for transit projects.



CES/PJF/tdb

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A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER AND DESIGNEE TO EXECUTE AND FILE GRANT APPLICATIONS TO

RECEIVE FEDERAL FUNDS FOR TRANSIT PROJECTS WITH THE FEDERAL TRANSIT ADMINISTRATION AND TO EXECUTE ANY RELATED GRANT APPLICATIONS,

CERTIFICATIONS, ASSURANCES, FORMS, AGREEMENTS AND ASSOCIATED DOCUMENTS ON

BEHALF OF THE CITY OF LODI =================================================================== WHEREAS, in order for the City of Lodi to be eligible to receive future Federal Transit Administration (FTA) grant awards, the FTA has directed grant recipients to adopt updated authorizing resolutions to comply with “Fixing America’s Surface Transportation (FAST), which is recent federal legislation enacted by Congress to supersede the “Moving Ahead for Progress in the 21st Century Act” known as MAP21; and WHEREAS, the City of Lodi accesses FTA’s funding programs under FAST to create, submit, execute, and manage Section 5307, 5339 and 5340, and Congestion Mitigation and Air Quality grant funds for transit operations and capital projects; and

WHEREAS, staff recommends City Council authorize the City Manager and designee to execute and file grant applications to receive federal funds for transit projects with FTA and to execute any related grant applications, certifications, assurances, forms, agreements and associated documents.

NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager and designee to execute and file grant applications to receive federal funds for transit projects with FTA and to execute any related grant applications, certifications, assurances, forms, agreements and associated documents on behalf of the City of Lodi.

Dated: June 15, 2016 ===================================================================





2016-____

AGENDA ITEM C-16

CITYOFLoDI

COUNCIL COMMUNICATION TM

AGENDA TITLE:

MEETING DATE:

PREPARED BY:

Adopt Resolution Approving Donation of Retired Rescue Ropes and Rescue Litter to the Lodi Unified School District Regional Occupation Fire Science Technology Program and Authorizing City Manager to Execute Hold Harmless Agreement

June 15, 2016

Fire Chief

RECOMMENDED ACTION: Adopt Resolution approving donation of retired rescue ropes and rescue litter to the Lodi Unified School District Regional Occupation Fire Science Technology Program and authorizing the City Manager to execute a hold harmless agreement.

BACKGROUND INFORMATION: The Fire Department has surplus rescue ropes and a rescue litter that no longer offer appropriate protection for live load activity. The items have passed their life

expectancy and have been replaced under the department replacement plan. They may be utilized for training purposes and have been permanently marked for training use only. The Fire Department requests that the four rescue ropes and one rescue litter be donated to the Lodi Unified School District Regional Occupation Fire Science Technology Program. The City Attorney's Office has drafted a hold harmless agreement in favor of the City to be executed by LUSD in consideration for the donation (Attachment A).

FISCAL IMPACT: None

FUNDING AVAILABLE: Not applicable

APPROVED: Stephen Schwabauer, City Manager

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A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE DONATION OF RETIRED RESCUE ROPES AND RESCUE LITTER TO THE LODI UNIFIED SCHOOL DISTRICT REGIONAL OCCUPATION FIRE SCIENCE TECHNOLOGY PROGRAM AND

AUTHORIZING CITY MANAGER TO EXECUTE HOLD HARMLESS AGREEMENT

======================================================================== WHEREAS, the Fire Department has surplus rescue ropes and a rescue litter that no longer offer appropriate protection for live load activity; and WHEREAS, the items have past their life expectancy and have been replaced under the department replacement plan; and WHEREAS, the surplus rescue ropes and rescue litter may be utilized for training purposes and have been permanently marked for training use only; and WHEREAS, Lodi Unified School District will execute a Hold Harmless Agreement in favor of the City of Lodi in consideration for the donation of the rescue ropes and rescue litter. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the donation of four (4) rescue ropes and one (1) rescue litter to the Lodi Unified School District Regional Occupation Fire Science Technology Program; and BE IT FURTHER RESOLVED by the City Council that the City Manager is hereby authorized to execute a Hold Harmless Agreement with Lodi Unified School District for the donation on behalf of the City of Lodi. Dated: June 15, 2016 ======================================================================== I hereby certify that Resolution No. 2016-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – JENNIFER M. FERRAIOLO City Clerk 2016-____

AGENDA ITEM C-17



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AGENDA TITLE: Receive Update on Hutchins Street Square Pool



RECOMMENDED ACTION: Receive update on Hutchins Street Square Pool.

BACKGROUND INFORMATION: The Hutchins Street Square Pool has been closed since February 27 due to a corroded boiler that put much of the southern wing of the Square at risk of being flooded with 70,000 gallons of water.

The pool is expected to reopen this month with the help of the Hutchins Street Square Foundation, which is covering the $39,000 cost of a replacement boiler. The time the pool has been offline has given staff time to reassess the class schedule and propose some changes that would consolidate classes and create blocks of activities that make it easier to staff with lifeguards and instructors, as well as address the pool’s financial realities. The Parks and Recreation Commission were scheduled to discuss the modifications at its June 7 meeting (new and previous schedules attached).

In the six months before the closure, the pool had about 120 individual users. Their fees covered roughly one-third of the cost of lifeguards and instructors, and none of the facility or water maintenance. The City Council approved a slight increase on March 2 in recognition of increased employment costs due to a higher minimum wage and paid sick leave for part-time employees. In the new schedule, the classes are being shifted slightly to allow instructors to work in longer blocks, rather than being asked to work for two hours, followed by a one- or two-hour break, and returning for an hour-long class.

The new schedule reduces scheduled classes from 25 hours per week to 19 to better align classes with participation and with the goal of more suitable cost recovery. Also, a mid-day lap swim is being eliminated due to limited participation, while 11 hours per week remain for lap/family swimming.

PRCS intends to begin offering year-round swim lessons at the pool, as participants of all ages are needed to improve overall attendance and cost recovery. Other classes may be introduced as needed.

FISCAL IMPACT: Merging classes is intended to reduce financial losses from this activity.



JH:tl

cc: City Attorney

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“Hutchins Street Square” 125 S. Hutchins St. Lodi, CA 95240

POOL SCHEDULE

(The pool is 84-88 degrees)

Monday Tuesday Wednesday Thursday Friday Saturday

Lap Swim Lap Swim Lap Swim Lap Swim Lap Swim

6:00-7:20 AM 6:00-7:20 AM 6:00-7:20 AM 6:00-7:20 AM 6:00-7:20 AM

Conditioning Conditioning Conditioning Conditioning Conditioning

7:30-8:25 AM 7:30-8:25 AM 7:30-8:25 AM 7:30-8:25 AM 7:30-8:25 AM

8:30-9:25 AM 8:30-9:25 AM 8:30-9:25 AM 8:30-9:25 AM 8:30-9:25 AM

Srs./Disabled Srs./Disabled Srs./Disabled Srs./Disabled Srs./Disabled

9:30-10:30 AM 9:30-10:30 AM 9:30-10:30 AM 9:30-10:30 AM 9:30-10:30 AM

Arthritis Plus! Arthritis Plus!

10:30-11:15

AM

10:30-11:15 AM

Lap Swim Lap Swim Lap Swim POOL PARTY

11:30-12:45 PM 11:30-12:45 PM 11:30-12:45 PM RENTALS

AVAILABLE 209.333.6742

Arthritis POOL CLOSED

Arthritis POOL CLOSED Arthritis

2:00-2:45 PM 2:00-2:45 PM 2:00-2:45 PM

Conditioning Conditioning Conditioning

3:00-3:55 PM 3:00-3:55 PM 3:00-3:55 PM

Public Swim Public Swim Public Swim

4:00-5:55 PM 4:00-5:55 PM 4:00-7:55 PM

($2.00 per person)

Conditioning Plus Conditioning Plus

6:00-7:00 PM 6:00-7:00 PM

PLEASE… in order to maintain a quality program and for the consideration of others we kindly ask

that you participate in the class or activity you are attending.

PASSES MUST BE PURCHASED AT THE HSS BOX OFFICE OR PARKS, RECREATION AND CULTURAL SERVICES OFFICES. DAY FEES CAN BE PURCHASED AT THE POOL.

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Previous schedule

Monday Tuesday Wednesday Thursday Friday Lap Swim Lap Swim Lap Swim Lap Swim Lap Swim

7:00-7:55 AM 7:00-7:55 AM 7:00-7:55 AM 7:00-7:55 AM 7:00-7:55 AM

Srs./Disabled Srs./Disabled Srs./Disabled Srs./Disabled Srs./Disabled 8:00-8:55 AM 8:00-8:55 AM 8:00-8:55 AM 8:00-8:55 AM 8:00-8:55 AM

Conditioning Conditioning Conditioning Conditioning Conditioning 9:00-9:55 AM 9:00-9:55 AM 9:00-9:55 AM 9:00-9:55 AM 9:00-9:55 AM

Arthritis Plus! * Camp

Hutchins Arthritis Plus! * Camp Hutchins Arthritis Plus!

10:00-10:45 AM 10:00-11:00 Am

10:00-10:45 10:00-11:00 Am 10:00-10:45 AM

POOL CLOSED POOL

CLOSED POOL CLOSED POOL CLOSED POOL CLOSED

Arthritis Arthritis Arthritis

3:00-3:45 PM 3:00-3:45 PM 3:00-3:45 PM

Conditioning Conditioning Conditioning 4:00-4:55 PM 4:00-4:55 PM 4:00-4:55 PM

Public Swim Lessons Public Swim Lessons Public Swim 5:00-7:00 PM 4:00- 7:00pm 5:00-7:00 PM 4:00- 7:00pm 5:00-7:00 PM

($2.00 per person)

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New schedule

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AGENDA ITEM C-18


K:\WP\DEV_SERV\LandscapeDistrict\FY 2016-17 Engineer's Report\CC-061516-SetPH_1617AnnualReport.doc 6/8/16


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AGENDA TITLE: Adopt Resolution Initiating Proceedings for the Levy and Collection of Assessments, Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and Collect Assessments for the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 for Fiscal Year 2016/17; and Set Public Hearing for July 20, 2016



RECOMMENDED ACTION: Adopt resolution initiating proceedings for the levy and collection of assessments, resolution approving the annual report, and resolution declaring intention to levy and collect assessments for

the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 for Fiscal Year 2016/17; and set public hearing for July 20, 2016.

BACKGROUND INFORMATION: Over the past 13 years, the City Council has formed a total of 16 zones of the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 (District). The scope of

maintenance activities funded by the District includes landscape and irrigation, masonry block walls, and street parkway trees. The activities and levy amounts vary by zone, as described in the City of Lodi, Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1, Annual Report (Report), Fiscal Year 2016/17.

The Report includes diagrams of the District showing the area and properties proposed to be assessed; an assessment of the estimated costs of maintenance, operations and servicing of improvements; and the net levy upon all assessable lots and/or parcels within the District.

The cost of maintenance decreased slightly compared to last year, however it is still more than the amount being assessed to the district. Similar to last year, the account has a substantial reserve, generated over many years, which will be utilized to allow the individual zone and the total District’s assessment for Fiscal Year 2016/17 to remain unchanged from Fiscal Year 2015/16. Staff intends to utilize the reserve to offset annual increases until such time that the reserve is reduced to an appropriate level. At that time, the assessment will be adjusted as necessary.

The District’s Fiscal Year 2016/17 budget is provided in Exhibit A. The Engineers Report is provided in Exhibit B.

The action requested of the City Council is to initiate proceedings for the levy and collection of assessments for Fiscal Year 2016/17, approve the annual report, to declare its intention to levy the assessments, and to set a public hearing for July 20, 2016, to receive public comments. After the public hearing, City Council will be asked to confirm the final report and order the levy and collection of the assessments.

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Adopt Resolution Initiating Proceedings for the Levy and Collection of Assessments, Resolution Approving the Annual Report, and Resolution Declaring Intention to Levy and Collect Assessments for the Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 for Fiscal Year 2016/17; Set Public Hearing for July 20, 2016 June 15, 2016 Page 2

K:\WP\DEV_SERV\LandscapeDistrict\FY 2016-17 Engineer's Report\CC-061516-SetPH_1617AnnualReport.doc 6/8/16

FISCAL IMPACT: Funding for preparation of the annual report is included in the

assessments. FUNDING AVAILABLE: Not applicable. _______________________________ Charles E. Swimley, Jr. Public Works Director Prepared by Sean Nathan, Associate Civil Engineer CES/SN/tdb Attachments cc: Interim City Engineer NBS

EXHIBIT A Fiscal Year 2016/17 Budget

Main Office32605 Temecula Parkway, Suite 100

Temecula, CA 92592Toll free: 800.676.7516 Fax: 951.296.1998

Regional Office870 Market Street, Suite 1223

San Francisco, CA 94102Toll free: 800.434.8349 Fax: 415.391.8439

City of Lodi

Consolidated Landscape Maintenance District No. 2003-1

Fiscal Year 2016/17 Engineer’s Report

June 2016

snathan

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Exhibit B

CITY OF LODICONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1

221 W. Pine StreetLodi, California 95240Phone - (209) 333-6800

Fax - (209) 333-6710

CITY COUNCIL

Mark Chandler, MayorDoug Kuehne, Mayor Pro Tempore

Bob Johnson, Council MemberJoanne Mounce, Council MemberAlan Nakanishi, Council Member

CITY STAFF

Stephen Schwabauer, City ManagerJordan Ayers, Deputy City Manager

Jennifer M. Ferraiolo, City ClerkJanice D Magdich, City Attorney

Charles Swimley, Interim Public Works Director

NBS

Greg Davidson, Client Services DirectorNick Dayhoff, Consultant

TABLE OF CONTENTS

1. ENGINEER’S LETTER 1-1

2. OVERVIEW 2-1

2.1 District Formation and Annexation History ................................................. 2-12.2 Effect of Proposition 218 ............................................................................ 2-2

3. PLANS AND SPECIFICATIONS 3-1

4. BENEFITS 4-1

4.1 Masonry Wall Maintenance ........................................................................ 4-14.2 Landscape Maintenance ............................................................................ 4-14.3 Street Parkway Trees Maintenance............................................................ 4-1

5. QUANTIFICATION OF GENERAL BENEFIT 5-1

5.1 Introduction................................................................................................. 5-15.2 Separation of General Benefit .................................................................... 5-15.3 Masonry Wall Maintenance ........................................................................ 5-25.4 Landscape Maintenance ............................................................................ 5-45.5 Street Parkway Trees Maintenance............................................................ 5-75.6 Collective General Benefit .......................................................................... 5-7

6. ASSESSMENT METHODOLOGY 6-1

6.1 Benefit Points ............................................................................................. 6-16.2 Benefit Factor ............................................................................................. 6-26.3 Benefit Units ............................................................................................... 6-26.4 Assessment Rate per Benefit Unit.............................................................. 6-36.5 Adjustments to Maximum Assessments ..................................................... 6-3

7. ESTIMATE OF COSTS 7-1

7.1 Budget for Fiscal Year 2016/17 .................................................................. 7-17.2 Assessment Rates per DUE....................................................................... 7-2

8. ASSESSMENT DIAGRAMS 8-1

9. FISCAL YEAR 2016/17 ASSESSMENT ROLL 9-1

Lodi Consolidated Landscape Maintenance District No. 2003-1 1-1Prepared by NBS – Fiscal Year 2016/17

1. ENGINEER’S LETTERWHEREAS, on June 15, 2016, the City Council (the “Council”) of the City of Lodi (the “City”),

pursuant to the Landscaping and Lighting Act of 1972 (the “Act”), adopted a resolution initiatingproceedings for the levy and collection of assessments for the Lodi Consolidated LandscapeMaintenance District No. 2003-1 (the “District”), Fiscal Year 2016/17;

WHEREAS, said resolution ordered NBS Government Finance Group, DBA NBS, to prepareand file a report, in accordance with §22567 of the Act, concerning the assessment of the estimatedcosts of operating, maintaining and servicing the improvements within the District for the fiscal yearcommencing July 1, 2016 and ending June 30, 2017.

NOW THEREFORE, the following assessments are made to finance the operation,maintenance, and servicing of the improvements within the District:

DESCRIPTION AMOUNT

Zone 1 - Total Assessment $4,075.92

Dwelling Unit Equivalents 74.000Assessment per Dwelling Unit Equivalent $55.08



Zone 3 - Total Assessment $716.04












(Continued on next page)


DESCRIPTION AMOUNT











I, the undersigned, respectfully submit this report and, to the best of my knowledge, information andbelief, the assessments and assessment diagrams herein have been computed and prepared inaccordance with the order of the Council.

Charles Swimley, P.E., Engineer of Work

Date Seal


2. OVERVIEWThis report describes the District and details the assessments to be levied against the parcels thereinfor Fiscal Year 2016/17. Such assessments account for all estimated direct & incidental expenses,deficits/surpluses, revenues, and reserves associated with the operation, servicing and maintenanceof the improvements.

The word “parcel,” for the purposes of this report, refers to an individual property that has beenassigned an Assessor’s Parcel Number by the San Joaquin County Assessor. The San JoaquinCounty Auditor-Controller uses Assessor’s Parcel Numbers and specific Tax Codes to identify theparcels assessed on the County Tax Roll within special benefit districts.

2.1 District Formation and Annexation History

The District is currently comprised of 13 distinct zones within the City. New zones may be annexedinto the District if approved via property owner balloting proceedings.

ZONES 1 AND 2

A report was prepared in 2003 for Zones 1 and 2. Property owner balloting proceedings wereconducted, effective for the Fiscal Year 2004/05 assessment. After attaining property owner approval,the City began levying and collecting these assessments on the County Tax Roll in order to providecontinuous funding for the related improvements.

ZONES 3 THROUGH 6

In 2004, separate reports were prepared for Zones 3 through 6. Property owner balloting proceedingswere conducted within Zones 3 and 4 for the Fiscal Year 2004/05 assessment and within Zones 5through 7 for the Fiscal Year 2005/06 assessment. After attaining property owner approval, the Citybegan levying and collecting these assessments on the County Tax Roll in order to providecontinuous funding for the related improvements.

ZONES 8, 9, AND 11

A separate report was prepared in 2005 for Zones 8, 9, and 11. Property owner balloting proceedingswere conducted for the Fiscal Year 2005/06 assessment. After attaining property owner approval, theCity began levying and collecting these assessments on the County Tax Roll in order to providecontinuous funding for the related improvements.

ZONE 13

A separate engineer’s report was prepared in 2007 for Zone 13. Property owner balloting proceedingswere conducted for the Fiscal Year 2007/08 assessment. After attaining property owner approval, theCity began levying and collecting these assessments on the County Tax Roll in order to providecontinuous funding for the related improvements.

ZONES 14 THROUGH 16

A separate engineer’s report was prepared in 2008 for Zones 14 through 16. Property owner ballotingproceedings were conducted for the Fiscal Year 2008/09 assessment. Property owner approval wasattained; the City will begin levying and collecting these assessments on the County Tax Roll in orderto provide continuous funding for the related improvements.


2.2 Effect of Proposition 218

On November 5, 1996, California voters approved Proposition 218 (Government Code commencingwith Section 53739) by a margin of 56.5% to 43.5%. The provisions of the Proposition, now a part ofthe California Constitution, add substantive and procedural requirements to assessments, whichaffect the City’s landscape maintenance assessments.

The Act, Article XIIID of the Constitution of the State of California and the Proposition 218 OmnibusImplementation Act are referred to collectively as the “Assessment Law”.


3. PLANS AND SPECIFICATIONSThe facilities operated, serviced and maintained within each Zone are generally described as follows:

ZONE 1 – ALMONDWOOD ESTATES

1. A masonry wall and 13.5’ wide landscaping area along the east side of Stockton Street from theproject’s north boundary to Almond Drive, including the angled corner section at Elgin Avenue,approximately 1,220 linear feet.

2. A masonry wall and 13.5’ wide landscaping area along the north side of Almond Drive from theproject’s east boundary westerly to Stockton Street, including the angled corner sections atBlackbird Place and Stockton Street, approximately 340 linear feet.

3. Street parkway trees located within the public street within the Zone 1 boundary.

ZONE 2 – CENTURY MEADOWS ONE, UNITS 2 & 3

1. A masonry wall and 13.5’ wide landscaping area along the north side of Harney Lane from theproject’s east boundary to the west boundary, including the 2 angled corner sections at PoppyDrive, approximately 1,200 linear feet.


ZONE 3 – MILLSBRIDGE II


ZONE 4 – ALMOND NORTH


ZONE 5 – LEGACY ESTATES I & II AND KIRST ESTATES

Legacy Estates I1. A masonry wall and 13.5’ wide landscaping strip, divided by a 4-foot wide meandering sidewalk,

along the north side of Harney Lane at the back of lots 10-24 of Legacy Estates I, approximately950 linear feet.


Legacy Estates II1. A masonry wall and 13.5’ wide landscaping strip, divided by a 4-foot wide meandering sidewalk,

along the west side of Mills Avenue from the project’s southern boundary on Mills Avenue to theintersection of Wyndham Way, approximately 590 linear feet.

2. A masonry wall and 13.5’ wide landscaping strip, divided by a 4-foot wide meandering sidewalk,along the north side of Harney Lane at the back of lots 69-77 of Legacy Estates II, approximately525 linear feet.


Kirst Estates1. Street parkway trees located within the public street within the Zone 5 boundary.


ZONE 6 – THE VILLAS

1. A masonry wall and 8.5’ wide landscaping area along the east side of Panzani Way from theproject’s south boundary to the intersection of Porta Rosa Drive, approximately 120 linear feet.

2. A masonry wall and 27.5 to 43.0-foot variable width landscaping strip, divided by a 4-foot widemeandering sidewalk, along the north side of Harney Lane from Panzani Way to the frontageroad, approximately 425 linear feet.

3. A masonry wall and 15.0 to 44.0-foot variable width landscaping strip, divided by a 4-foot widemeandering sidewalk, along the west of the frontage road and the east side of San Martino Wayfrom Harney Lane to the project’s north boundary, approximately 700 linear feet.

4. Parcel B, between lots 1 and 50, a variable width landscaping strip, approximately 250 linear feet.


ZONE 8 – VINTAGE OAKS

1. A masonry wall and 13.5’ wide landscaping strip, including a 4-foot wide sidewalk, extendingnorth and south of the future Vintage Oaks Court along the east side of S. Lower SacramentoRoad for a total distance of approximately 252 linear feet.

2. A 9.5’ wide landscaping strip in the east half of the Lower Sacramento Road median, west of theZone 8 boundary.

3. Street parkway trees located within the public street (Vintage Oaks Court) within the Zone 8boundary.

ZONE 9 – INTERLAKE SQUARE

1. Street parkway trees located within the public rights-of-way of School Street and Park Streetwithin the Zone 9 boundary.

ZONE 11 – TATE PROPERTY

1. A masonry wall and 13.5’ wide landscaping strip, divided by a 4-foot wide meandering sidewalk,along the north side of Harney Lane, immediately east of Legacy Way, approximately 140 linearfeet.

2. Street parkway trees located within the public street (Legacy Way) within the Zone 11 boundary.

ZONE 13 – GUILD AVENUE INDUSTRIAL

1. A 15.0 foot irrigated, landscaped strip in a 16.0 foot median in Victor Road (Highway 12) south ofthe Zone 13 boundary, extending west from the current City limits for a distance of 700 feet.

2. A 28.5 foot irrigated landscape strip on the north side of Victor Road (Highway 12), extendingwesterly from the current City limits to 231 feet west of the Guild Avenue intersection centerlineand having a total length of 1,485 feet.

ZONE 14 – LUCA PLACE

1. A 6.5-foot irrigated landscape strip in the east half of the Westgate Drive median, west of theZone 14 boundary.

2. Street parkway trees located within the public street (Westgate Drive), within the Zone 14boundary.


ZONE 15 – GUILD AVENUE INDUSTRIAL

1. A 15.0 foot irrigated, landscaped strip in a 16.0 foot median in Victor Road (Highway 12) south ofthe Zone 15 boundary, extending west from the current City limits for a distance of 700 feet.

2. A 28.5 foot irrigated landscape strip on the north side of Victor Road (Highway 12), extendingwesterly from the current City limits to 231 feet west of the Guild Avenue intersection centerlineand having a total length of 1,485 feet.

ZONE 16 – WEST KETTLEMAN LANE COMMERCIAL

1. A variable width (15 to 18 feet) irrigated, landscaped strip in the segmented median in W.Kettleman Lane (Highway 12) extending west from Ham Lane to Westgate Drive and having atotal landscaped area of 36,505 square feet.

2. A variable width (12 to 20 feet) irrigated landscape strip in the segmented median in LowerSacramento Road extending south from the north boundary of parcel APN 027-410-06 (2429 W.Kettleman Lane) to the south boundary of APN 058-030-13 (1551 S. Lower Sacramento Road)and having a total landscaped area of 13,490 square feet.


4. BENEFITSThe special benefits conferred from the installation and maintenance of the improvements need to beidentified. The improvements shown in Section 3 are, hereby, reasonably determined to confercertain special benefits to parcels within each applicable Zone, and such special benefits aredescribed below.

4.1 Masonry Wall Maintenance

The overall appeal of an area is enhanced when neighborhood masonry wall improvements are inplace and kept in satisfactory condition. Conversely, appeal decreases when such walls aredeteriorating, damaged, unsafe or defaced by graffiti.

Improved Aesthetics: Neighborhood masonry walls, when coupled with landscaping improvements,improve the livability, appearance and desirability for properties within each applicable Zone. Suchwalls also create a sense of community within the applicable Zones. According to the VictoriaTransport Policy Institute (2011), streetscapes have a significant effect on how people view andinteract with their community. With streetscapes that are safe and inviting, people are more likely towalk, which can help reduce automobile traffic, improve public health, stimulate local economicactivity and attract residents and visitors to the community.

4.2 Landscape Maintenance

The overall appeal of an area is enhanced when landscaping improvements are in place and kept in ahealthy and satisfactory condition. Conversely, appeal decreases when landscaping is overgrown,unsafe or destroyed by the elements or vandalism.

Improved Aesthetics: Street landscaping improvements improve the livability, commercial activity,appearance and desirability for properties within each applicable Zone. Regular maintenance ensuresthat the improvements do not reach a state of deterioration or disrepair so as to be materiallydetrimental to properties adjacent to or in close proximity to the improvements within each applicableZone. According to the Victoria Transport Policy Institute (2011), streetscapes have a significanteffect on how people view and interact with their community. With streetscapes that are safe andinviting, people are more likely to walk, which can help reduce automobile traffic, improve publichealth, stimulate local economic activity and attract residents and visitors to the community.

4.3 Street Parkway Trees Maintenance

The overall appeal of an area is enhanced when street parkway trees improvements are in place andkept in a healthy and satisfactory condition. Conversely, appeal decreases when street parkway treesare overgrown, unsafe or destroyed by the elements or vandalism.

Improved Aesthetics: Much like street landscaping improvements, maintenance of street parkwaytrees improves the livability, appearance and desirability for properties within each applicable Zone.Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepairso as to be materially detrimental to properties adjacent to or in close proximity to the improvementswithin each applicable Zone. According to the Urban Forestry Network, trees add beauty to theirsurroundings by adding color to an area, softening harsh lines of buildings, screening unsightly views


and contributing to the character of their environment. Trees have also proven to contribute to acommunity’s economy and way of life. Trees planted along and around buildings provide a distractionfor the eye, softening the background. Trees also contribute eye-catching colors to their surroundings,from the different shades of green found in the leaves, the colors found in flowering trees andsometimes even the bark of the tree.


5. QUANTIFICATION OF GENERAL BENEFIT

5.1 Introduction

Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result ofthe improvements shall be identified, and the proportionate special benefit derived by each identifiedparcel shall be determined in relationship to the entire cost of the improvements. Division 12 of theStreets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment ofassessment districts by local agencies for the purpose of providing certain public improvementsnecessary or convenient for providing certain public services.

Section 22573 of the Act requires that assessments must be levied according to benefit receivedrather than according to assessed value. This Section states:

"The net amount to be assessed upon lands within an assessment district may beapportioned by any formula or method which fairly distributes the net amount amongall assessable lots or parcels in proportion to the estimated benefit to be received byeach such lot or parcel from the improvements.”

Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to theproportional special benefit conferred on the property. Article XIIID also provides that publicly ownedproperties must be assessed unless there is clear and convincing evidence that those propertiesreceive no special benefit. Furthermore, it’s required that the City separate the general benefits fromspecial benefits, because only special benefits may be assessed to property owners.

5.2 Separation of General Benefit

Section 4 of Article XIIID of the California Constitution provides that once a local agency whichproposes to impose assessments on property has identified those parcels that will have specialbenefits conferred upon them, the local agency must next “separate the general benefits from thespecial benefits conferred,” and only the special benefits can be included in the amount of theassessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the improvementsand services to be provided. The District improvements and maintenance services, which are morefully presented in Section 3 of this Report, will only be provided within the boundaries of each Zone.There will be no improvements or maintenance services provided by the District outside of theboundaries of each Zone.

The improvements provide aesthetic benefits to the properties within the various Zones of the District.However, it’s recognized that the maintenance of the improvements also provides a level of benefit tosome property and businesses within close proximity to the District, as well as visitors and individualspassing through the District. Vehicular traffic and pedestrians passing through the various Zones willbe able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantifythese general benefits.


5.3 Masonry Wall Maintenance

One method for determining the general aesthetic benefit conferred by the maintenance of thevarious neighborhood masonry walls is to compare the estimated time spent by occupants in vehiclesand pedestrians traversing the improvements (general) to the estimated time spent by the populationof the various Zones in close proximity to the improvements (special). Estimated time for thesepurposes will be referred to as “population-hours”, i.e., number of accumulated hours per dayattributed to people in and around the area of the improvements. For purposes of this calculation, wewill assign 24 hours to the estimated number of persons residing within each Zone.

According to the U.S. Census Bureau (2014), the average household size in the City is 2.82 persons.The following shows the number of residential units, the estimated persons, and the total population-hours of each Zone benefitting from masonry wall maintenance:

Zone

Number ofResidential

Units

EstimatedNumber ofPersons 1

Population-Hours

(Special) 2

1 74 209 5,008.322 133 375 9,001.445 223 629 15,092.646 80 226 5,414.408 17 48 1,150.56

11 8 23 541.44TOTAL 535 1,510 36,208.80

1 Number shown is rounded to the nearest whole number.2 Estimated Number of Persons multiplied by 24 (hours).

We now need to estimate the population-hours generated by occupants in vehicles passing by themasonry wall improvements throughout the District. Any vehicle using the City’s streets that lie alongthe boundaries of the District that is coming or going to a parcel within the District ultimately is notpart of the “general public” benefitting from the improvements and services, and will not be included inthe calculation of general benefit. We will use several factors for such calculation, including averagedaily vehicle trips for the streets passing by the improvements of each Zone, the speed limit of thosestreets, the length of the improvements, and the estimated number of occupants per vehicle.

According to data from the U.S. Department of Transportation (2011), the weighted average numberof occupants per vehicle is 1.674. The following table shows the average number of occupants foreach mode of vehicular transportation, the percentage of each mode of vehicular transportation, andthe overall weighted average occupancy per vehicle:

Mode OccupantsPercentage ofAll Vehicles

WeightedOccupancy

Car 1.59 50.6% 0.804Van 2.35 7.9% 0.187Sport Utility 1.92 17.9% 0.344Pickup 1.49 19.9% 0.296Other Truck 1.12 0.4% 0.004Motorcycle 1.18 3.3% 0.039

Weighted Average Vehicle Occupancy 1.674


Using the weighted average vehicle occupancy number determined above, we can estimate thenumber of vehicle occupants passing by the improvements each day. We then multiply the time ittakes to traverse the improvements at the given speed limit by the number of estimated vehicleoccupants to derive population-hours for vehicular traffic.

The following table summarizes the calculation of population-hours for vehicle occupants passing bythe masonry wall improvements, based upon the methodology and assumptions above:

Zone StreetSpeedLimit

Length ofImp. (mi)

TimePassingImp. (hr)

Average DailyVehicle Trips 1

EstimatedVehicle

Occupants 2

Population-Hours

(General)

1Stockton St. 40 MPH 0.231 0.0058 10,052 16,827 97.06Almond Dr. 30 MPH 0.065 0.0022 3,170 5,307 11.56

2 Harney Ln. 45 MPH 0.226 0.0050 8,439 14,128 70.87

5Harney Ln. 45 MPH 0.310 0.0069 5,457 9,136 62.88Mills Ave. 30 MPH 0.113 0.0038 2,559 4,284 16.16

6Harney Ln. 45 MPH 0.081 0.0018 11,115 18,608 33.43

Cherokee Ln. 45 MPH 0.126 0.0028 3,439 5,757 16.158 L. Sac. Rd. 50 MPH 0.047 0.0009 14,575 24,400 22.70

11 Harney Ln. 45 MPH 0.028 0.0006 6,891 11,536 7.16TOTAL POPULATION-HOURS (VEHICLE OCCUPANTS) 337.97

1 Data provided by the City; adjusted to remove estimated average daily vehicle trips generated by the parcels within eachZone, based upon data compiled in the ITE Trip Generation Manual (7th Edition), so that they are not included in thegeneral benefit calculation.

2 Number shown is rounded to the nearest whole number.

In addition to vehicular traffic passing by the improvements, we also need to estimate the generalbenefits conferred to pedestrians that don’t reside within the District, but may walk by theimprovements. For this purpose, we will consider the estimated population within one-half mile of thevarious masonry wall improvements who may walk past those improvements on a daily basis.

The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by theU.S. Department of Transportation Federal Highway Administration (FHWA, 2011) analyzed thenumber of person trips by various modes of transportations such as private vehicle, transit, walking orsome other means of transportation. According to the Pacific Division data extracted from the 2009NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70%of those person trips were made by using walking as their mode of transportation (FHWA, 2011).

In order to determine the estimated total number of persons who are within close proximity to themasonry wall improvements, and would utilize walking as their mode of transportation, we applied the11.70% of person trips reported from the NHTS Pacific Division study, to the estimated number ofpersons residing within one-half mile of each Zone boundary.

In order to obtain a better picture of the overall level of general benefit provided by the masonry wallimprovements, the pedestrian traffic that utilizes walking as the mode of transportation that may walkby the various improvements, but live outside of the various Zones, must be considered. The 2009NHTS further details the purposes of the 21,252 (in millions) reported walking trips. Based on theproperty types within the District, people walking along the improvements would most likely do so forthe following reasons: walking to school, day care or religious activity, social or recreational activities,and to shop or run errands.

The following details the number of walking trips, based on the 2009 NHTS study, for each of theactivities that are the most likely reasons people outside of each Zone would use the sidewalks alongthe Zone boundary where the improvements are located:


Trip PurposeNumber of WalkingTrips (in millions)

School/Daycare/Religious Activity 872Shopping/Errands 5,820Social/Recreational 2,268Don’t know/Other 139Total 9,099

Of the total number of walking trips reported, 9,099 (in millions), or 42.81%, are for purposes thatpersons outside of each Zone would utilize the sidewalks along the Zone boundary where theimprovements are located. We then need to estimate the accumulated amount of time it would takefor these pedestrians to traverse the various improvements walking at a conservative average speedof 2 MPH.

The following table summarizes the calculation of population-hours for pedestrians passing by themasonry wall improvements, based upon the methodology and assumptions above:

Zone

EstimatedResidential Units

Outside Zone 1

EstimatedPopulation

Outside Zone 2

EstimatedNumber of

Pedestrians 3

EstimatedNumber of Peds.

Passing 4

Lengthof Imp.

(mi)

TimePassing

Imp. (hr) 5

Population-Hours

(General)

1 2,845 8,023 939 402 0.296 0.1480 59.472 1,984 5,595 655 280 0.226 0.1130 31.675 1,287 3,629 425 182 0.423 0.2115 38.456 895 2,524 295 126 0.207 0.1035 13.088 539 1,520 178 76 0.047 0.0235 1.7911 720 2,030 238 102 0.028 0.0140 1.42

TOTAL POPULATION-HOURS (PEDESTRIAN) 145.88

1 Within one-half mile of Zone.2 2.82 residents per household, per U.S. Census Bureau data. Number shown is rounded to the nearest whole number.3 An estimated 11.70% of population use walking as primary mode of transportation. Number shown is rounded to the

nearest whole number.4 An estimated 42.81% of pedestrians may walk by improvements for purposes described above. Number shown is

rounded to the nearest whole number.5 Estimated using an average walking speed of 2 MPH.

Summing the total special and general population-hours gives us a total of 36,692.65; therefore, thegeneral benefit to vehicle occupants and pedestrians passing by the masonry wall improvementsthroughout the District is estimated to be 1.32% [(337.97 + 145.88) / 36,692.65].

Masonry Wall General Benefit 1.32%

5.4 Landscape Maintenance

In order to estimate the general aesthetic benefit conferred by the maintenance of the variouslandscaping improvements throughout the District, we will use the same methodology used todetermine the general benefits conferred by the maintenance of the masonry wall improvements. Thelandscaping improvements for Zones 1, 2, 5, 6, 8, and 11 are all along the masonry walls within thoseZones, so the population-hours data calculated for the masonry wall improvements will be the samefor the landscape maintenance. However, there are four additional Zones for which the landscapemaintenance must be considered: Zones 13, 14, 15, and 16.


The following shows the number of residential units, the estimated persons, and the total population-hours for each Zone benefitting from the landscape improvements:

Zone

Number ofResidential

Units

EstimatedNumber ofPersons 1

Population-Hours

(Special) 2

1 74 209 5,008.322 133 375 9,001.445 223 629 15,092.646 80 226 5,414.408 17 48 1,151.56

11 8 23 541.4414 17 48 1,150.56

TOTAL 552 1,558 37,360.361 2.82 persons per household. Number shown is rounded to the

nearest whole number.2 Estimated Number of Persons multiplied by 24 (hours)

There are also three non-residential Zones that benefit from the landscaping improvements and needto be considered. Due to the commercial nature of these properties, the calculation of population-hours will differ from that of the residential parcels. For these parcels, we will estimate population-hours factoring how long it takes for each vehicle trip generated by the properties within these Zonesto traverse the improvements located within each Zone. The following table shows the calculation ofpopulation-hours for the non-residential Zones:


Length ofImp. (mi)



EstimatedVehicle

Occupants 3

Population-Hours

(Special)

13 &15 1 Victor Rd. 45 MPH 0.414 0.0092 1,377 2,306 21.21

16 Kettleman Ln. 35 MPH 0.376 0.0107 559 937 10.05L. Sac. Rd. 50 MPH 0.117 0.0023 381 638 1.50

TOTAL POPULATION-HOURS (SPECIAL) 32.76

1 The improvements for Zones 13 and 15 are exactly the same, so they were considered one entity for purposes of thiscalculation.

2 Estimated average daily vehicle trips, based upon data compiled in the ITE Trip Generation Manual (7th Edition).3 1.674 persons per vehicle. Number shown is rounded to the nearest whole number.

From this, we have determined that the total population-hours relating to special benefit are37,393.12:

CategoryPopulation-Hours

(Special)

Residential 37,360.36Non-Residential 32.76TOTAL 37,393.12

We now need to estimate the population-hours generated by occupants in vehicles passing by thelandscape improvements throughout the District. Any vehicle using the City’s streets that lie along theboundaries of the District that is coming or going to a parcel within the District ultimately is not part ofthe “general public” benefitting from the improvements and services, and will not be included in thecalculation of general benefit. Just like in the previous subsection, we will use several factors for suchcalculation, including average daily vehicle trips for the streets passing by the improvements of eachZone, the speed limit of those streets, the length of the improvements, and the estimated number ofoccupants per vehicle.


The following table summarizes the calculation of population-hours for vehicle occupants passing bythe landscape improvements, based upon the methodology and assumptions above:


Length ofImp. (mi)



EstimatedVehicle

Occupants 4

Population-Hours

(General)

1Stockton St. 40 MPH 0.231 0.0058 10,052 16,827 97.06Almond Dr. 30 MPH 0.065 0.0022 3,170 5,307 11.56

2 Harney Ln. 45 MPH 0.226 0.0050 8,439 14,128 70.87

5Harney Ln. 45 MPH 0.310 0.0069 5,457 9,136 62.88Mills Ave. 30 MPH 0.113 0.0038 2,559 4,284 16.16

6Harney Ln. 45 MPH 0.081 0.0018 11,115 18,608 33.43

Cherokee Ln. 45 MPH 0.126 0.0028 3,439 5,757 16.158 L. Sac. Rd. 50 MPH 0.047 0.0009 14,575 24,400 22.70

11 Harney Ln. 45 MPH 0.028 0.0006 6,891 11,536 7.1613 &15 1 Victor Rd. 45 MPH 0.414 0.0092 9,423 15,774 145.06

14 2 Westgate Dr. 25 MPH 0.157 0.0063 172 289 1.81

16 Kettleman Ln. 35 MPH 0.376 0.0107 28,291 47,361 508.21L. Sac. Rd. 50 MPH 0.117 0.0023 19,274 32,266 75.73

TOTAL POPULATION-HOURS (VEHICLE OCCUPANTS) 1,068.78


2 Average Daily Trips along Westgate Dr. were estimated, using data compiled in the ITE Trip Generation Manual (7th

Edition), since data from the City was not available.3 Data provided by the City; adjusted to remove estimated average daily vehicle trips generated by the parcels within each

Zone, based upon data compiled in the ITE Trip Generation Manual (7th Edition), so that they are not included in thegeneral benefit calculation.

4 Number shown is rounded to the nearest whole number.

In addition to vehicular traffic passing by the improvements, we also need to estimate the generalbenefits conferred to pedestrians that don’t reside within the District, but may walk by theimprovements. For this purpose, we will consider the estimated population within one-half mile of thevarious landscape improvements who may walk past those improvements on a daily basis.

Zone

EstimatedResidential Units

Outside Zone 2

EstimatedPopulation

Outside Zone 3

EstimatedNumber of

Pedestrians 4

EstimatedNumber of

Peds. Passing 5

Lengthof Imp.

(mi)

TimePassing

Imp. (hr) 6

Population-Hours

(General)

1 2,845 8,023 939 402 0.296 0.1480 59.472 1,984 5,595 655 280 0.226 0.1130 31.675 1,287 3,629 425 182 0.423 0.2115 38.456 895 2,524 295 126 0.207 0.1035 13.088 539 1,520 178 76 0.047 0.0235 1.79

11 720 2,030 238 102 0.028 0.0140 1.4213 & 15 1 329 928 109 46 0.414 0.2070 9.62

14 207 584 68 29 0.157 0.0785 2.3016 2,152 6,069 710 304 0.493 0.2465 74.93

TOTAL POPULATION-HOURS (PEDESTRIAN) 232.73


2 Within one-half mile of Zone.3 2.82 residents per household, per U.S. Census Bureau data. Number shown is rounded to the nearest whole number.4 An estimated 11.70% of population use walking as primary mode of transportation, as noted in Section 5.3. Number shown

is rounded to the nearest whole number.5 An estimated 42.81% of pedestrians may walk by improvements for purposes described in Section 5.3. Number shown is

rounded to the nearest whole number.6 Estimated using an average walking speed of 2 MPH.


Summing the special and general population-hours gives us a total of 38,694.63; therefore, thegeneral benefit to vehicle occupants and pedestrians passing by the landscape improvementsthroughout the District is estimated to be 3.36% [(1,068.78 + 232.73) / 38,694.63].

Landscaping General Benefit 3.36%

5.5 Street Parkway Trees Maintenance

All of the street parkway tree improvements within the various Zones are along what are consideredlocal streets, i.e. streets other than major arterial or collector streets within the City. In other words,these streets are intended to serve only the individual residential neighborhoods in which they arelocated, and not to be pass-through streets. In addition, according to the City’s General Plan (2010),local streets accommodate low volumes of local traffic and provide access to individual parcels. Localstreets typically have two travel lanes and allow parking on both sides of the street. Through traffic ispermitted on local streets, but high speeds are discouraged.

From a visual inspection of the layout of the various Zones, one must conclude that the purpose ofthe local streets is exclusively intended for the benefit of the parcels on such streets. There is no localstreet that provides a direct or efficient means of traveling from one place to another such that onecould reasonably expect a driver to purposefully choose the District’s local streets as the best routefor travel unless necessary because the route either began or ended with a parcel in the District. Aroute beginning or ending with a parcel within the District does not include the “general public” forpurposes of determining general benefit.

However, one can imagine a minimal degree of pass-through traffic even on something such as a cul-de-sac. As expressed by the Appellate Court in Beutz v. County of Riverside (2010), “... courts of thisstate have long recognized that virtually all public improvement projects provide general benefits."

Given the location to the schools, parks, and shopping in the City, there are bound to be drivers thatmake use of the local streets for no other reason but to turn around or go back from where theycame, especially if they are dropping their children off at one of the schools. Additionally, given thenature of the street trees, one could imagine a small degree of “residential tourism” wherein driversare in fact simply “passing through” to enjoy the beautiful views of the homes, the naturalsurroundings or visiting friends. A conservative estimate of 0.50% for each scenario would result inthe general benefit portion of the improved aesthetic benefits resulting from the maintenance of thestreet parkway trees on local streets to be 1.00% and the special benefit is estimated to be 99.00%.

Street Parkway Trees General Benefit 1.00%

5.6 Collective General Benefit

Since the District is comprised of improved aesthetic benefits resulting from a blend of improvements(masonry walls, landscaping, and street parkway trees), the activity of both pedestrians and vehiclesmust be addressed in a collective form rather than independently. Therefore, the arithmetic mean ofthe general benefit percentages has been used to quantify the overall level of general benefit for theDistrict. This general benefit result is provided in the table below:

Masonry Walls General Benefit 1.32%

Landscaping General Benefit 3.36%

Street Parkway Trees General Benefit 1.00%


District General Benefit 1.89%

The general benefit, which is the percentage of the total annual maintenance costs that must befunded through sources other than assessments, is 1.89%. The special benefit, which is thepercentage of the total annual maintenance costs that may be funded by assessments, is 98.11%.


6. ASSESSMENT METHODOLOGYSection 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessmentsmust be levied according to benefit. This Section states:

"The net amount to be assessed upon lands within an assessment district maybe apportioned by any formula or method which fairly distributes the net amountamong all assessable lots or parcels in proportion to the estimated benefit to bereceived by each such lot or parcel from the improvements."

The 1972 Act also permits the designation of zones of benefit within any individual assessmentdistrict if "by reasons or variations in the nature, location, and extent of the improvements, the variousareas will receive different degrees of benefit from the improvement" (Sec 22574).

The Method of Assessment uses the following components to assign special benefit to each parcel:

Benefit Points: Assignment of points for aesthetic special benefits. Benefit Factor: Multiplier. This is the number of DUE assigned per parcel. Benefit Units: Sum of a parcel’s benefit points multiplied by the parcel’s benefit factor. The

total amount is the special benefit units assigned to a parcel.

The total costs of maintenance and operation, less the amount of general benefits identified, will beassessed to the parcels within the District based on the benefit units assigned to each parcel.

6.1 Benefit Points

The following table shows the Aesthetic Benefit Points to be assigned per DUE for each Zone, basedupon the benefits conferred by the maintenance of various Landscape, Masonry Wall, and StreetTree improvements within the District (one point for each of the improvement types):

LandscapeAesthetic

Benefit Points

Masonry WallAesthetic

Benefit Points

Street Parkway TreesAesthetic

Benefit PointsAesthetic Benefit Points per

DUE

Zone 1 1 + 1 + 1 = 3

Zone 2 1 + 1 + 1 = 3

Zone 3 0 + 0 + 1 = 1

Zone 4 0 + 0 + 1 = 1

Zone 5 1 + 1 + 1 = 3

Zone 6 1 + 1 + 1 = 3

Zone 8 1 + 1 + 1 = 3

Zone 9 0 + 0 + 1 = 1

Zone 11 1 + 1 + 1 = 3

Zone 13 1 + 0 + 0 = 1

Zone 14 1 + 0 + 1 = 2

Zone 15 1 + 0 + 0 = 1

Zone 16 1 + 0 + 0 = 1


6.2 Benefit Factor

The basis of determining a parcel’s benefit factor is a weighting formula commonly known as aDwelling Unit Equivalent (DUE). The developed single-family residential parcel is used as the base-unit for the calculation of the benefit factor and is defined as 1.00 DUE. All other property types areassigned a DUE that reflects their proportional special benefit as compared to the single-familyresidential parcel.

The following table illustrates how DUEs are assigned to various types of property throughout theDistrict:

PROPERTY TYPE BENEFIT FACTORSingle Family Residential 1.000 per PropertyMulti-Family Residential (Duplex) 2.000 per PropertyMulti-Family Residential (3 or more units) 5.000 per AcreCommercial or Office

For the First 7.5 Acres 5.000 per AcreFor the Next 7.5 Acres 2.500 per AcreFor All Acreage Over 15.0 Acres 1.250 per Acre

Industrial 4.000 per Acre

6.3 Benefit Units

The following table shows the resulting total Aesthetic Benefit Units within each Zone:

AestheticBenefit Points

per DUEBenefit Factor

(DUE)

TotalAesthetic

Benefit Units

Zone 1 3 x 74.000 = 222.000

Zone 2 3 x 133.000 = 399.000

Zone 3 1 x 39.000 = 39.000

Zone 4 1 x 34.000 = 34.000

Zone 5 3 x 223.000 = 669.000

Zone 6 3 x 80.000 = 240.000

Zone 8 3 x 17.000 = 51.000

Zone 9 1 x 11.000 = 11.000

Zone 11 3 x 8.000 = 24.000

Zone 13 1 x 93.104 = 93.104

Zone 14 2 x 17.000 = 34.000

Zone 15 1 x 36.268 = 36.268

Zone 16 1 x 8.3600 = 8.360

TOTAL DISTRICT-WIDE AESTHETIC BENEFIT UNITS 1,860.732


6.4 Assessment Rate per Benefit Unit

The assessment rate for per Benefit Unit is then calculated as follows:

Total AssessableAnnual Costs 1 /

Total District WideAesthetic Benefit

Units= Assessment Rate per

Aesthetic Benefit Unit

1 Assessable Annual Costs are maintenance costs minus the amount determined to relateto general benefit that are not assessable.

Since the assessment rate has traditionally been presented as an Assessment Rate per DUE, it isimportant to convert these Assessment Rates per Benefit Unit into the simpler Assessment Rate perDUE, for comparative purposes. For any parcel within the District, that calculation is as follows:

Assessment Rate perAesthetic Benefit Unit x Benefit Points

Assigned to Parcel = Assessment Rate perDUE

Assessment Rates per DUE for each Zone—based on the FY 2016/17 budget for the District—can befound in Section 7 of this report.

6.5 Adjustments to Maximum Assessments

Any new or increased assessment requires certain noticing and meeting requirements by law. Prior tothe passage of Proposition 218, legislative changes in the Article XIIID of the Constitution of the Stateof California defined the definition of “new or increased assessment” to exclude certain conditions.These conditions included “any assessment that does not exceed an assessment formula or range ofassessments previously adopted by the agency or approved by the voters in the area where theassessment is imposed.” This definition and conditions were later confirmed through SB919(Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases andinflationary adjustments to annual assessments without requiring costly noticing and mailingprocedures, which could add to the District costs and assessments. At each Zone’s formation,balloting of property owners was required, pursuant to Proposition 218. The property owner ballotsincluded an assessment to be approved, as well as the approval of an assessment range formula.Property owners within the District approved the proposed assessment and the assessment rangeformula.

The assessment range formula shall be applied to all future assessments within the District.Generally, if the proposed annual assessment for the current fiscal year is less than or equal to themaximum assessment (or adjusted maximum assessment), then the proposed annual assessment isnot considered an increased assessment. The maximum assessment is equal to the initialAssessment approved by property owners adjusted annually by the following criteria:

1. Beginning in the second fiscal year, and each fiscal year thereafter, the maximumassessment will be recalculated annually.


2. The new adjusted maximum assessment for the year represents the prior year’s maximumassessment adjusted by the greater of:

(a) 5%, or(b) The annual increase in the CPI.

Each year the annual increase in the CPI shall be computed. For Fiscal Year 2016/17, the increase inCPI is the percentage difference between the CPI of December 2015 and the CPI for the previousDecember, as provided and established by the Bureau of Labor Statistics (FY 2016/17 CPI increaseis 3.18%). This percentage difference shall then establish the allowed increase based on CPI. Theindex used shall be all urban consumers for the San Francisco-Oakland-San Jose area. Should theBureau of Labor Statistics revise such index or discontinue the preparation of such index, the Cityshall use the revised index or comparable system as approved by the Council for determiningfluctuations in the cost of living.

If CPI is less than 5%, then the allowable adjustment to the maximum assessment is 5%. If CPI isgreater than 5%, then the allowable adjustment to the maximum assessment is based on CPI. Themaximum assessment is adjusted annually and is calculated independent of the District’s annualbudget and proposed annual assessment. Any proposed annual assessment (rate per DUE) lessthan or equal to this maximum assessment is not considered an increased assessment, even if theproposed assessment is greater than the assessment applied in the prior fiscal year.

The following table illustrates how the assessment range formula shall be applied:

ExampleCPI %

Increase5.00%

Increase

Max % IncreaseWithout Re-

Balloting

Prior YearMax RatePer DUE

IncreasePerDUE

New MaxRate Per

DUE1 5.25% 5.00% 5.25% $403.00 $21.16 $424.162 3.44% 5.00% 5.00% $403.00 $20.15 $423.15

For example, if the percentage change in CPI is greater than 5%, as in Example 1, then thepercentage adjustment to the maximum assessment will be by CPI. If the percentage change in CPIis less than 5%, as in Example 2, then the percentage adjustment to the maximum assessment willbe 5%.

As previously illustrated, the maximum assessment will be recalculated and adjusted annually.However, the Council may reduce or freeze the maximum assessment at any time by amending theannual engineer’s report.

Although the maximum assessment will normally increase each year, the actual assessments mayremain virtually unchanged. The maximum assessment adjustment is designed to establish areasonable limit on assessments. The maximum assessment calculated each year does not requireor facilitate an increase to the annual assessment and neither does it restrict assessments to theadjustment maximum amount. If the budget and assessments for the fiscal year do not require anincrease, or the increase is less than the adjusted maximum assessment, then the required budgetand assessment may be applied without additional property owner balloting. If the budget andassessments calculated requires an increase greater than the adjusted maximum assessment thenthe assessment is considered an increased assessment. In order to impose an increasedassessment, the Council must comply with the provisions of Proposition 218 (Article XIIID Section 4cof the California Constitution). Proposition 218 requires a public hearing and certain protestprocedures including mailed notice of the public hearing and property owner protest balloting.Property owners, through the balloting process, must approve the proposed assessment increase. Ifthe proposed assessment is approved, then a new maximum assessment is established. If theproposed assessment is not approved, the Council may not levy an assessment greater than theadjusted maximum assessment previously established.


7. ESTIMATE OF COSTS7.1 Budget for Fiscal Year 2016/17

NBS has reviewed the budget and discussed with City staff the improvements and maintenanceservices provided by the assessment revenue. The costs for Fiscal Year 2016/17 are summarized inthe following table:

Description Amount

Annual Maintenance:

1. LandscapeMaintenance $31,980.00Contingency 3,198.00Reserve 0.00

Total Landscape $35,178.00

2. Street Parkway TreesMaintenance $1,266.00Contingency 126.60

Total Street Parkway Trees $1,392.60

3. Masonry WallsRepair/Maintenance/Graffiti Removal $1,000.00Contingency 100.00

Total Masonry Walls $1,100.00Total Annual Maintenance: $37,670.60

General Benefit Contribution 1: ($711.97)

Total Assessable Maintenance: $36,958.63

Incidentals:

1. Consultant Fees $12,776.792. City Administrative Fees 1,895.363. Publication 1,500.004. County Collection Fees 338.39Total Incidentals: $16,510.54

Total Assessable Maintenance & Incidentals: $53,469.17

Surplus from Previous Fiscal Year: ($19,306.19)

BALANCE TO ASSESSMENT: $34,162.981 Information about the General Benefit component can be located in Section 5 of this report.


7.2 Assessment Rates per DUE

Based upon the FY 2016/17 Budget from the previous subsection, and the Method of Assessment forthe District, the following table shows the revised FY 2016/17 Maximum Assessment Rate per DUEfor each Zone, the FY 2016/17 Actual Assessment Rate per DUE for each Zone, the number of DUEwithin each Zone, and the Total Annual Assessment for each Zone:

FY 2016/17 MaximumAssessment/DUE

FY 2016/17 ActualAssessment Rate/DUE DUE

Total FY 2016/17Annual Assessment

Zone 1 $524.72 $55.08 74.000 $4,075.92Zone 2 379.89 55.08 133.000 7,325.64Zone 3 399.41 18.36 39.000 716.04Zone 4 455.72 18.36 34.000 624.24

Zone 5 224.64 55.08 223.000 12,282.84Zone 6 682.42 55.08 80.000 4,406.40Zone 8 481.77 55.08 17.000 936.36Zone 9 126.01 18.36 11.000 201.96Zone 11 152.50 55.08 8.000 440.64Zone 13 135.11 18.36 93.104 1,709.39

Zone 14 282.66 36.72 17.000 624.24Zone 15 134.90 18.36 36.268 665.88Zone 16 54.98 18.36 8.360 153.49

ROUNDING ADJUSTMENT ($0.06)

TOTAL ANNUAL ASSESSMENT $34,162.98


8. ASSESSMENT DIAGRAMS

Assessment Diagrams have been submitted to the City Clerk in the format required under theprovisions of the Act and are made part of this report.


9. FISCAL YEAR 2016/17 ASSESSMENT ROLL

The assessment roll for each zone is shown on the following pages. The description of each lot orparcel as part of the records of the County Assessor of the County of San Joaquin are, by reference,made part of this Report.

CITY OF LODI

CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT NO. 2003-1

Assessment Roll

Fiscal Year 2016/17

Zone APN Property Type

Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment

1 062-610-01 Single Family Residential 0.137 3 1.00 3.000 $18.36 $55.08 $55.08 $0.00 $55.081 062-610-02 Single Family Residential 0.118 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-03 Single Family Residential 0.118 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-04 Single Family Residential 0.118 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-05 Single Family Residential 0.118 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-06 Single Family Residential 0.118 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-07 Single Family Residential 0.118 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-08 Single Family Residential 0.118 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-09 Single Family Residential 0.115 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-10 Single Family Residential 0.115 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-11 Single Family Residential 0.115 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-12 Single Family Residential 0.120 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-13 Single Family Residential 0.163 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-14 Single Family Residential 0.124 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-15 Single Family Residential 0.124 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-16 Single Family Residential 0.124 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-17 Single Family Residential 0.131 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-18 Single Family Residential 0.129 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-19 Single Family Residential 0.124 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-20 Single Family Residential 0.124 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-21 Single Family Residential 0.124 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-22 Single Family Residential 0.143 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-23 Single Family Residential 0.130 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-24 Single Family Residential 0.114 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-25 Single Family Residential 0.114 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-26 Single Family Residential 0.114 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-27 Single Family Residential 0.114 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-28 Single Family Residential 0.121 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-29 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-30 Single Family Residential 0.135 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-31 Single Family Residential 0.119 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-32 Single Family Residential 0.212 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-33 Single Family Residential 0.193 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-34 Single Family Residential 0.213 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-35 Single Family Residential 0.119 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-36 Single Family Residential 0.135 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-37 Single Family Residential 0.147 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-38 Single Family Residential 0.131 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-39 Single Family Residential 0.127 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-610-40 Single Family Residential 0.135 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-01 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-02 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-03 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-04 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-05 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-06 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-07 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-08 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-09 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-10 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-11 Single Family Residential 0.124 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-12 Single Family Residential 0.123 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-13 Single Family Residential 0.125 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-14 Single Family Residential 0.145 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-15 Single Family Residential 0.179 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-16 Single Family Residential 0.206 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-17 Single Family Residential 0.204 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-18 Single Family Residential 0.230 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-19 Single Family Residential 0.122 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-20 Single Family Residential 0.134 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-21 Single Family Residential 0.134 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-22 Single Family Residential 0.119 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-23 Single Family Residential 0.212 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-24 Single Family Residential 0.191 3 1.00 3.000 18.36 55.08 55.08 0.00 55.08

Page 1 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment

1 062-620-25 Single Family Residential 0.212 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-26 Single Family Residential 0.119 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-27 Single Family Residential 0.134 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-28 Single Family Residential 0.135 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-29 Single Family Residential 0.119 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-30 Single Family Residential 0.212 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-31 Single Family Residential 0.192 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-32 Single Family Residential 0.213 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-33 Single Family Residential 0.119 3 1.00 3.000 18.36 55.08 55.08 0.00 55.081 062-620-34 Single Family Residential 0.135 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-01 Single Family Residential 0.186 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-02 Single Family Residential 0.196 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-03 Single Family Residential 0.188 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-04 Single Family Residential 0.201 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-05 Single Family Residential 0.187 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-06 Single Family Residential 0.168 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-07 Single Family Residential 0.192 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-08 Single Family Residential 0.168 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-09 Single Family Residential 0.155 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-10 Single Family Residential 0.174 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-11 Single Family Residential 0.191 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-12 Single Family Residential 0.162 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-13 Single Family Residential 0.155 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-14 Single Family Residential 0.164 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-15 Single Family Residential 0.152 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-16 Single Family Residential 0.152 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-17 Single Family Residential 0.174 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-18 Single Family Residential 0.163 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-19 Single Family Residential 0.156 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-20 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-21 Single Family Residential 0.172 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-22 Single Family Residential 0.172 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-23 Single Family Residential 0.174 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-24 Single Family Residential 0.183 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-25 Single Family Residential 0.171 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-26 Single Family Residential 0.166 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-27 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-28 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-29 Single Family Residential 0.159 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-30 Single Family Residential 0.155 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-31 Single Family Residential 0.241 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-32 Single Family Residential 0.250 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-33 Single Family Residential 0.152 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-34 Single Family Residential 0.154 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-35 Single Family Residential 0.152 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-36 Single Family Residential 0.258 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-37 Single Family Residential 0.232 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-38 Single Family Residential 0.137 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-39 Single Family Residential 0.139 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-40 Single Family Residential 0.139 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-41 Single Family Residential 0.139 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-42 Single Family Residential 0.144 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-43 Single Family Residential 0.165 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-44 Single Family Residential 0.149 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-45 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-46 Single Family Residential 0.159 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-47 Single Family Residential 0.161 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-48 Single Family Residential 0.174 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-49 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-50 Single Family Residential 0.172 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-51 Single Family Residential 0.182 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-52 Single Family Residential 0.144 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-53 Single Family Residential 0.167 3 1.00 3.000 18.36 55.08 55.08 0.00 55.082 058-520-54 Single Family Residential 0.173 3 1.00 3.000 18.36 55.08 55.08 0.00 55.08

Page 2 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment


Page 3 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment


Page 4 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment

4 062-630-11 Multi-Family Residential (Duplex) 0.179 1 2.00 2.000 18.36 18.36 36.72 0.00 36.724 062-630-12 Multi-Family Residential (Duplex) 0.165 1 2.00 2.000 18.36 18.36 36.72 0.00 36.724 062-630-13 Single Family Residential 0.116 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-14 Multi-Family Residential (Duplex) 0.171 1 2.00 2.000 18.36 18.36 36.72 0.00 36.724 062-630-15 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-16 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-17 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-18 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-19 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-20 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-21 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-22 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-23 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-24 Single Family Residential 0.114 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-25 Multi-Family Residential (Duplex) 0.166 1 2.00 2.000 18.36 18.36 36.72 0.00 36.724 062-630-26 Multi-Family Residential (Duplex) 0.180 1 2.00 2.000 18.36 18.36 36.72 0.00 36.724 062-630-27 Single Family Residential 0.118 1 1.00 1.000 18.36 18.36 18.36 0.00 18.364 062-630-28 Multi-Family Residential (Duplex) 0.177 1 2.00 2.000 18.36 18.36 36.72 0.00 36.725 058-540-01 Single Family Residential 0.276 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-02 Single Family Residential 0.141 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-03 Single Family Residential 0.151 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-04 Single Family Residential 0.153 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-05 Single Family Residential 0.162 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-06 Single Family Residential 0.148 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-07 Single Family Residential 0.148 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-08 Single Family Residential 0.137 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-09 Single Family Residential 0.220 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-10 Single Family Residential 0.299 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-11 Single Family Residential 0.131 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-12 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-13 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-14 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-15 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-16 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-17 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-18 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-19 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-20 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-21 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-22 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-23 Single Family Residential 0.140 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-24 Single Family Residential 0.159 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-25 Single Family Residential 0.157 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-26 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-27 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-28 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-29 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-30 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-31 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-32 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-33 Single Family Residential 0.149 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-34 Single Family Residential 0.152 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-35 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-36 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-37 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-38 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-39 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-40 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-41 Single Family Residential 0.133 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-42 Single Family Residential 0.153 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-43 Single Family Residential 0.163 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-44 Single Family Residential 0.138 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-45 Single Family Residential 0.138 3 1.00 3.000 18.36 55.08 55.08 0.00 55.085 058-540-46 Single Family Residential 0.138 3 1.00 3.000 18.36 55.08 55.08 0.00 55.08

Page 5 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment


Page 6 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment


Page 7 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment


Page 8 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment


Page 9 of 10

CITY OF LODI


Assessment Roll

Fiscal Year 2016/17


Lot

Size

Benefit

Points

Benefit

Factor (DUE)

Benefit

Units

Rate per

Benefit Unit

Rate per

DUE

Total

Assessment

Rounding

Adjustment

Applied

Assessment

6 062-650-47 Single Family Residential 0.110 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-01 Single Family Residential 0.171 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-02 Single Family Residential 0.187 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-03 Single Family Residential 0.205 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-04 Single Family Residential 0.212 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-05 Single Family Residential 0.212 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-06 Single Family Residential 0.202 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-07 Single Family Residential 0.186 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-08 Single Family Residential 0.211 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-09 Single Family Residential 0.234 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-10 Single Family Residential 0.240 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-11 Single Family Residential 0.241 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-12 Single Family Residential 0.258 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-13 Single Family Residential 0.282 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-14 Single Family Residential 0.193 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-15 Single Family Residential 0.183 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-16 Single Family Residential 0.163 3 1.00 3.000 18.36 55.08 55.08 0.00 55.088 058-640-17 Single Family Residential 0.164 3 1.00 3.000 18.36 55.08 55.08 0.00 55.089 045-340-01 Single Family Residential 0.142 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-02 Single Family Residential 0.130 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-03 Single Family Residential 0.129 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-04 Single Family Residential 0.127 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-05 Single Family Residential 0.126 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-06 Single Family Residential 0.125 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-07 Single Family Residential 0.123 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-08 Single Family Residential 0.122 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-09 Single Family Residential 0.120 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-10 Single Family Residential 0.104 1 1.00 1.000 18.36 18.36 18.36 0.00 18.369 045-340-11 Single Family Residential 0.093 1 1.00 1.000 18.36 18.36 18.36 0.00 18.36

11 058-570-67 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.0811 058-570-68 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.0811 058-570-69 Multi-Family Residential (Duplex) 0.304 3 2.00 6.000 18.36 55.08 110.16 0.00 110.1611 058-570-70 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.0811 058-570-71 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.0811 058-570-72 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.0811 058-570-73 Single Family Residential 0.160 3 1.00 3.000 18.36 55.08 55.08 0.00 55.0813 049-340-12 Industrial 4.690 1 18.76 18.760 18.36 18.36 344.43 (0.01) 344.4213 049-340-15 Industrial 0.610 1 2.44 2.440 18.36 18.36 44.80 0.00 44.8013 049-340-16 Industrial 0.569 1 2.28 2.276 18.36 18.36 41.79 (0.01) 41.7813 049-340-17 Industrial 0.569 1 2.28 2.276 18.36 18.36 41.79 (0.01) 41.7813 049-340-18 Industrial 0.460 1 1.84 1.840 18.36 18.36 33.78 0.00 33.7813 049-340-19 Industrial 0.569 1 2.28 2.276 18.36 18.36 41.79 (0.01) 41.7813 049-340-20 Industrial 1.919 1 7.68 7.676 18.36 18.36 140.93 (0.01) 140.9213 049-340-36 Industrial 13.890 1 55.56 55.560 18.36 18.36 1,020.08 0.00 1,020.0814 027-420-09 Single Family Residential 2.180 2 17.00 34.000 18.36 36.72 624.24 0.00 624.2415 049-330-10 Industrial 0.555 1 2.22 2.220 18.36 18.36 40.76 0.00 40.7615 049-330-11 Industrial 2.500 1 10.00 10.000 18.36 18.36 183.60 0.00 183.6015 049-330-23 Industrial 5.180 1 20.72 20.720 18.36 18.36 380.42 0.00 380.4215 049-340-38 Industrial 0.832 1 3.33 3.328 18.36 18.36 61.10 0.00 61.1016 031-330-10 Commercial or Office 0.580 1 2.90 2.900 18.36 18.36 53.24 0.00 53.2416 058-160-86 Commercial or Office 1.092 1 5.46 5.460 18.36 18.36 100.25 (0.01) 100.24

773.732 1,860.732 $34,163.04 ($0.06) $34,162.98TOTALS:

Page 10 of 10


A RESOLUTION OF THE LODI CITY COUNCIL INITIATING PROCEEDINGS FOR THE LEVY AND

COLLECTION OF ASSESSMENTS FOR THE LODI CONSOLIDATED LANDSCAPE

MAINTENANCE DISTRICT NO. 2003-1 FOR FISCAL YEAR 2016/17

=================================================================== WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (“Act”) to establish the Lodi Consolidated Landscape Maintenance District No. 2003-1 (“Assessment District”); and WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report, in accordance with §22567 of the Act. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby order the following:

1. Annual Report: The Council hereby orders NBS to prepare and file with the City Clerk the Annual Report concerning the levy and collection of assessments within the Assessment District for the fiscal year commencing July 1, 2016 and ending June 30, 2017.

2. New Improvements or Changes to Existing Improvements: There are no changes to existing improvements nor are there any items being added to the list of improvements previously approved at the formation of the Assessment District.

Dated: June 15, 2016 ===================================================================


2016-____


A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE ANNUAL REPORT FOR THE LODI CONSOLIDATED LANDSCAPE

MAINTENANCE DISTRICT NO. 2003-1 FOR FISCAL YEAR 2016/17

=================================================================== WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (“Act”) to establish the Lodi Consolidated Landscape Maintenance District No. 2003-1 (“Assessment District”); and WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report, in accordance with §22567 of the Act; and WHEREAS, the Council has, by previously resolution, ordered NBS to prepare and file such Annual Report; and WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby order the following:

1. Approval of Report: The Council hereby approves the Annual Report concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1, 2016 and ending June 30, 2017.

Dated: June 15, 2016 ===================================================================


2016-____


A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LODI CONSOLIDATED LANDSCAPE MAINTENANCE DISTRICT

NO. 2003-1 FOR FISCAL YEAR 2016/17 ============================================================================ WHEREAS, the Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (“Act”) to establish the Lodi Consolidated Landscape Maintenance District No. 2003-1 (“Assessment District”); and WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report, in accordance with §22567 of the Act. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby order the following:

1. Intention: The Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2016 and ending June 30, 2017. The Council finds that the public’s best interest requires such action.

2. Improvements: The Improvements include, but are not limited to: turf, shrubs, plants and trees, landscaping, irrigation and drainage systems, graffiti removal, and associated appurtenances within the public right-of-ways or specific easements. Services provided include all necessary service, operations, administration and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition.

3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference.

4. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

5. Notice of Public Hearing: The Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments in accordance with §22629 of the Act. All objections to the assessment, if any, will be considered by the Council. The Public Hearing will be held on Wednesday July 20, 2016 at 7:00 p.m. or as soon thereafter as is feasible in the Council Chambers located at 221 W. Pine Street, Lodi, CA 95240. The Council further orders the City Clerk to publish notice of this resolution in accordance with §22626 of the Act.

6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that previously approved by the property owners (as “increased assessment” is defined in §54954.6 of the Government Code).

Dated: June 15, 2016 ============================================================================

I hereby certify that Resolution No. 2016-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote:

AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – JENNIFER M. FERRAIOLO City Clerk

2016-____

Council Meeting of June 15, 2016

Comments by the public on non-agenda items

THE TIME ALLOWED PER NON-AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES.

The City Council cannot deliberate or take any action on a non-agenda item unless there is factual evidence presented to the City Council indicating that the subject brought up by the public does fall into one of the exceptions under Government Code Section 54954.2 in that (a) there is an emergency situation, or (b) the need to take action on the item arose subsequent to the agenda’s being posted.

Unless the City Council is presented with this factual evidence, the City Council will refer the matter for review and placement on a future City Council agenda.

Council Meeting of June 15, 2016

Comments by the City Council Members on non-agenda items

AGENDA ITEM G-01


K:\WP\UTILITY RATES\W_WW\2016 W_WW Rate Increase\CCPH_WW Rates 2016.doc 6/8/16


TM

AGENDA TITLE: Continued Public Hearing to Consider Adopting Resolution Setting Pre-Approved Engineering News Record Adjustment Index for Wastewater Rates for Residential, Commercial, and Industrial Customers



RECOMMENDED ACTION: Continued public hearing to consider adopting resolution setting pre-approved Engineering News Record adjustment index for wastewater rates for residential, commercial, and industrial customers.

BACKGROUND INFORMATION: On May 7, 2014, City Council approved a program of future wastewater and water rate increases using an Engineering News Record – 20 Cities Average (ENR) based indexing, capped at 3-percent maximum per

year. A Proposition 218 procedure was conducted that validated these actions through 2019. The regular rate increases are needed to meet the costs of providing wastewater service to the community, provide sufficient revenue for bond repayment, and facility improvements as required by State regulations.

Staff has regularly updated the Wastewater Utility Financial Plan, and a copy of the current Financial Plan is attached as Exhibit A. The recommended rate adjustments in the Financial Plan are 2.5 percent beginning July 1, 2016. The rates for this next year, attached as Exhibit B, reflect an increase of 2.5 percent, which is lower than both the 3-percent capped maximum and the ENR of 2.7 percent. The recent refinancing of the City’s wastewater revenue bonds saved the wastewater utility approximately $200,000 per year in annual debt service and this savings is reflected in the Financial Plan. The table below reflects the history and future cap on wastewater rate adjustments.

Cap ENR Index

Approved/ Recommended

July 2012 5.0% 2.9% 3.0%

July 2013 2.8% 2.8% 2.5%

July 2014 3.0% 2.6% 2.5%

July 2015 3.0% 2.8% 2.8%

July 2016 3.0% 2.7% 2.5%

July 2017 3.0%

July 2018 3.0%

jferraiolo

Highlight

Continued Public Hearing to Consider Adopting Resolution Setting Pre-Approved Engineering News Record Adjustment Index for Wastewater Rates for Residential, Commercial, and Industrial Customers June 15, 2016 Page 2

K:\WP\UTILITY RATES\W_WW\2016 W_WW Rate Increase\CCPH_WW Rates 2016.doc 6/8/16

FISCAL IMPACT: Increased revenues to the wastewater utility are required to keep up with

cost of service increases and to fund needed capital maintenance projects.


_______________________________ Charles E. Swimley, Jr. Public Works Director CES/RAY/tdb Attachments cc: Information Systems Manager

tbutorovich

Text Box

Exhibit A

Exhibit BCity of Lodi -- Wastewater UtilityCurrent and Proposed Wastewater Rates

Current July 2016

Percent Increase 2.5

Flat Rates ($/month)1 Bedroom 27.22$ 27.90$

2 Bedroom 36.29$ 37.20$

3 Bedroom 45.36$ 46.49$

4 Bedroom 54.43$ 55.79$

5 Bedroom 63.51$ 65.09$

6 Bedroom 72.58$ 74.39$

7 Bedroom 81.65$ 83.69$

Mobile Homes Any Size 27.22$ 27.90$

Schools18 Students per SSU 35.30$ 36.18$

Usage-Based Rates (1)Monthly Usage Charge ($/CCF) (1) 2.82$ 2.89$

3/4" Meter Charge per month 24.78$ 25.40$

1" Meter Charge per month 39.92$ 40.92$

1 1/2" Meter Charge per month 77.13$ 79.06$





8" Meter Charge per month 1,197.81$ 1,227.76$

Notes:(1) Winter water usage determined as average monthly usage from December through February.


A RESOLUTION OF THE LODI CITY COUNCIL SETTING PRE-APPROVED ENGINEERING NEWS

RECORD ADJUSTMENT INDEX FOR WASTEWATER RATES FOR RESIDENTIAL, COMMERCIAL, AND

INDUSTRIAL CUSTOMERS =================================================================== WHEREAS, Resolution No. 2014-75 approved a program of wastewater rate increases of up to three percent effective July 1, 2014 through 2018. A Proposition 218 procedure was conducted that validated this action; and WHEREAS, staff has regularly updated the Wastewater Utility Financial Plan and the recommended rate adjustment in the Financial Plan is 2.5 percent beginning July 1, 2016; and WHEREAS, the rates for the current adjustment reflect a 2.5 percent increase that is lower than the capped maximum of three percent and the Engineering News Record of 2.7 percent. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby set the pre-approved Engineering News Record Adjustment Index for wastewater rates for residential, commercial, and industrial customers as outlined on Exhibit A attached hereto and made a part of this Resolution, with the effective date of the increase to be July 1, 2016. Dated: June 15, 2016 ===================================================================


2016-____

Exhibit ACity of Lodi -- Wastewater Utility Current and Proposed Wastewater Rates

Current July 2016

Percent Increase 2.5

Flat Rates ($/month)1 Bedroom 27.22$ 27.90$

2 Bedroom 36.29$ 37.20$

3 Bedroom 45.36$ 46.49$

4 Bedroom 54.43$ 55.79$

5 Bedroom 63.51$ 65.09$

6 Bedroom 72.58$ 74.39$

7 Bedroom 81.65$ 83.69$

Mobile Homes Any Size 27.22$ 27.90$

Schools18 Students per SSU 35.30$ 36.18$

Usage-Based Rates (1)Monthly Usage Charge ($/CCF) (1) 2.82$ 2.89$

3/4" Meter Charge per month 24.78$ 25.40$


1 1/2" Meter Charge per month 77.13$ 79.06$





8" Meter Charge per month 1,197.81$ 1,227.76$

Notes:(1) Winter water usage determined as average monthly usage from December through February.

Pleuse immediøtely conlirm receíptthis

a

333-6702o øx c

CITY OF LODIP. O. BOX 3006

LODI, CALIFORNIA 9524T-T9IO

ADVERTISING INSTRUCTIONS

PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION SETTINGPRE.APPROVED ENGINEER¡NG NEWS REGORD ADJUSTMENT INDEXFOR WASTEWATER RATES FOR RESIDENTIAL, COMMERCIAL, ANDINDUSTRIAL CUSTOMERS

PUBLISH DATE: SATURDAY, MAY 7,2016

SUBJECT:

LEGAL AD

TEAR SHEETS WANTED: ONE (II PIEASE

SEND AFFIDAVIT AND BILL TO:LNS AGCT. #051OO52

DATED: THURSDAY, MAY 5,2016

JENNIFER M. FERRAIOLO, CITY CLERK

City of LodiP.O. Box 3006Lodi, CA 95241-1910

ELIZABETH BURGOSADMINISTRATIVE CLERK

ORDERED BY:

PAMELA M. FARRISDEPUTY CITY CLERK

JENNIFER M. FERRAIOLOCITY CLERK

Verify Appearance of this Legal in the Newspaper - Gopy to File

-(pages)

Emailed to the Sentinelat [email protected] atPhoned to confirm atof all

forms\advins.doc

DECLARATION OF POSTING

PUBLIC HEARING TO CONSIDER RESOLUTION SETTING

PRE.APPROVED ENGINEER¡NG NEWS RECORD ADJUSTMENTINDEX FOR WASTEWATER RATES FOR RES¡DENTIAL,

COMMERCIAL, AND INDUSTRIAL CUSTOMERS

On Thursday, May 5,2016, in the City of Lodi, San Joaquin County, California, a Notice

of Public Hearing for discussion of the Community Development Block Grant program

(attached and marked as Exhibit A), was posted at the following locations:

Lodi City Clerk's OfficeLodi City Hall LobbyLodi Carnegie ForumWorkNet Office

I declare under penalty of perjury that the foregoing is true and correct.

Executed on May 5,2016, at Lodi, California.

ORDERED BY:


PAMELA M. FARR¡SDEPUTY CITY CLERK


N :\Administration\ClERK\Public Hearings\AFFADAVITS\DECPOST.DOC

CITY OF LODICarnegie Forum

305 West Pine Street, Lodi

NOTICE OF PUBLIC HEARINGDate: June 1,2016

Time: 7:00 P.m.

For information regarding this notice please contact:

Jennifer M. FerraioloCitY Clerk

Telephone: (209) 333-6702

NOTICE OF PUBLIG HEARING

NOTICE lS HEREBY GIVEN that on Wednesday, June 1,2016, at the hour of

7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will

condüct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to

consider the following matter:

a) Resolution setting pre-approved Engineering News Record

adjustment index fór wastewater rates for residential, commercial,

anã ¡ndustrial customers (as identified on the attached Exhibit A).

lnformation regarding this item may be obtained in the Public Works

Department,2ll West Pine Street, Lodi, (209) 333-6706. All interested persons

are invited to present their views and comments on this matter. Written

statements may be filed with the city clerk, city Hall, 221 W. Pine Street, 2nd

Floor, Lodi, 9b240, at any time prior to the hearing scheduled herein, and oral

statements may be made at said hearing'

lf you challenge the subject matter in court, you may be limited to raising only

thóse issues you or somêone else raised at the public hearing described in this

notice or in wiitten correspondence delivered to the City Clerk at, or prior to, the

public hearing.

By Order of the Lodi CitY Council:

ì.fl. ryP"^a^x%ifer M rraioloClerk

Dated: May 4, 2016

as to form:

MagdichCity Attorney

JICITYCLRI(FORMS\PH NOTICE publ¡câtion WWRates doc 4128116

Exhibit ACity of Lodi -- Wastewater UtilitYCurrent and Wastewater Rates

Notes:(1) Winter water usage determined as average monthly usage from December through February

2016Current July

Percent IncreaseFlat Rates ($/month)

1 Bedroom

2 Bedroom

3 Bedroom

4 Bedroom

5 Bedroom

6 Bedroom

7 Bedroom

Mobile HomesAny Size

Schools18 Students per SSU

Usage-Based Rates (1)Monthly Usage Charge (S/CCF) (1)

3/4" Meter Charge per month1" Meter Charge per monthL L/2" Meter Charge per month2" Meter Charge per month3" Meter Charge per month4" Meter Charge per month6" Meter Charge per month8" Meter Charge per month

ss

5

sss

s

s

s

ss

sssss

s

s

2.5

76

27.22 s 2790

3s.30 s g6.rs

27.22 s36.29 s4s.36 ss4.43 s63.s1 s72.s8 s81,6s s

27.90

37.20

46.49

55.79

65.10

74.39

83.69

2.82

24.78

39.92

77.I3t2t.30226.62

376.12

749.54

1,197.8L

2.89

25.40

40.92

79.06

t24.33232,29

38s.52

768.28

227

ssss

sss

ss1,

Pleus e immedíutely contirm receìpto this øx cu 3 3 3-6702


LODI, CALIFORNTA 95241-T9TO

ADVERTISING INSTRUCTIONS

CONTINUED PUBLIC HEARING TO CONSIDER ADOPTINGRESOLUTION SETT¡NG PRE-APPROVED ENGINEERING NEWSRECORD ADJUSTMENT INDEX FOR WASTEWATER RATES FORRESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS

PUBLISH DATE: SATURDAY, JUNE 4,2016

SUBJEGT:

LEGAL AD

TEAR SHEETS WANTED: One (l) please

SEND AFFIDAVIT AND BILL TO:LNS ACGT. #O5rOO52

DATED THURSDAY, JUNE 2,2016

JENNIFER M. FERRAIOLO, CITY CLERKCity of LodiP.O. Box 3006Lodi, CA 95241-1910


ORDERED BY

PAMELA M. FDEPUTY CITY CLERK


Verify Appearance of this Legal in the Newspaper - Copy to File

Emailed to the Sentinel at [email protected] at on

-(pages)

LNS Phoned to confirm of all at PMF

forms\advins.doc

DECLARATION OF ING

CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION SETTING PRE.

APPROVED ENGINEERING NEWS RECORD ADJUSTMENT INDEX FOR

WASTEWATER RATES FOR RESIDENTIAL, COMMERCIAL'AND INDUSTRIAL CUSTOMERS

On Thursday, June 2,2016, in the City of Lodi, San Joaquin County, California, a Notice

of Public Hearing to consider resolution setting pre-approved Engineering News Record

adjustment index for wastewater rates for residential, commercial, and industrial

customers (attached and marked as Exhibit A) was posted at the following locations:


I declare under penalty of perjury that the foregoing is true and correct

Executed on Thursday, June 2,2016, at Lodi, California.

ORDERED BY:




N:\Administration\ClERK\Public Hearings\AFFADAVITS\DECPOSTPW3 doc



NOTICE OF CONTINUEDPUBLIC HEARING

June 15,20167:00

Date:Time:


Jennifer M. FerraioloGity Glerk

Telephone: (209) 333-6702EX!"I[ffiIT A

NOTIGE OF GONTINUED PUBLIC HEARING

NOTICE lS HEREBY GIVEN that on Wednesday, June 15,2016, at the hour of7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will

conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, toconsider the following matter:

a) Resolution setting pre-approved Engineering News Recordadjustment index for wastewater rates for residential, commercial,and industrial customers (as identified on the attached Exhibit A).

lnformation regarding this item may be obtained in the Public WorksDepartment,22l West Pine Street, Lodi, (209) 333-6706. All interested personsare invited to present their views and comments on this matter. Writtenstatements may be filed with the City Clerk, City Hall, 221 W. Pine Street, 2nd

Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oralstatements may be made at said hearing.

lf you challenge the subject matter in court, you may be limited to raising onlythose issues you or someone else raised at the public hearing described in thisnotice or in written correspondence delivered to the City Clerk at, or prior to, thepublic hearing.

By Order of the Lodi City Council:

rypt".rhlr)nClerk

Dated: June 1,2016

as to form:

rneyichanice M

J:\CITYCLRI(FORMS\PH NOTICE CONTINUED WwRates.doc 5/31/16

Current July 2O16

Percent IncreaseFlat Rates ($/month)

1 Bedroom

2 Bedroom

3 Bedroom

4 Bedroom

5 Bedroom

6 Bedroom

7 Bedroom

Mobile HomesAny Size

Schools18 Students per SSU

Usage-Based Rates (1)Monthly Usage Charge (S/CCF) (1)

3/4" Meter Charge per month1" Meter Charge per month\ t/2" Meter Charge per month2" Meter Charge per month3" Meter Charge per month4" Meter Charge per month6" Meter Charge per month8" Meter Charge per month

s

$

sss

ss

s

s

s

ssss

s$

ss

2.5

761,2

27.22 5 27s0

35.30 s S0.rS

27.22 s36.29 s4s,36 s54.43 s63.s1 s72.58 s81.6s s

27,90

37.20

46.49

55.79

65.09

74.39

83.69

2,82 s24.78 s39.92 s77.t3 s

t2t.30 s226.62 s376.12 s749.s4 s

t,L97.8t s

2.89

25.4Q

40.92

79.06

724.33

232.29

385.52

768.28

27

Exhibit ACity of Lodi -- Wastewater UtilitYCurrent and Pro wastewater Rates

Notes:(1) Winter water usage determined as average monthly usage from December through February

AGENDA ITEM G-02

APPROVED: __________________________________ Stephen Schwabauer, City Manager


TM

AGENDA TITLE: Public Hearing to Consider Adopting a Resolution Approving Amendment No. 3 of the 2015-16 Community Development Block Grant Annual Action Plan


PREPARED BY: Community Development Department

RECOMMENDED ACTION: Conduct a public hearing to consider adopting a resolution approving Amendment No. 3 of the 2015-16 Community Development Block Grant Annual Action Plan.

BACKGROUND INFORMATION: A public hearing is required as part of the federal requirements of the Community Development Block Grant (CDBG) program.

The Action Plan is the annual implementing document for the 2014-2018 Consolidated Plan and provides a detailed description of each activity proposed for the fiscal year, as well as the City’s CDBG budget and goals for the fiscal year.

Reallocation Description: The public hearing will allow for the amendment of the 2015-16 Annual Action Plan to accommodate the reallocation of CDBG funding from one project to another. We currently have $69,943 of CDBG Program funding allocated to the Kofu Park ADA Improvement project. A bid of $92,500 was received from AM Stephens on May 4, 2016.

A minimum of $22,557 is needed to fund this project and we do have CDBG funding available from another City project, the Hutchins Street Square (HSS) North Entrance ADA Improvement project, which has sufficient funds to be completed. Our program guidelines, however, require City Council action through a Public Hearing for any increase or decrease in the amount allocated to a project/activity by more than 25%, which in this case would be $17,485.

Sources: A total of $25,000 is being considered for reallocation.

Project Number Project Name Reallocation Amount 14.12 HSS North Entrance ADA Improvements $25,000

Uses: The reallocated funds will be distributed as follows:

Project Number Project Name Reallocation Amount 15.16 (Existing Project) Kofu Park ADA Improvements $25,000

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2015-16 AAP Amendment No. 3 June 15, 2016 Page 2 of 2 A draft of Action Plan Amendment No. 3 is attached as Exhibit A and has been available for public review and comment for 30 days prior to the public hearing. There have been no public comments to date on this proposed Action Plan Amendment.

FISCAL IMPACT: Funding reallocated from one CDBG funded City project to another. The allocation amount includes funding to cover project delivery costs.

FUNDING AVAILABLE: Funding will be appropriated at the award of contract. __________________________________ Jordan Ayers, Deputy City Manager _______________________________

Stephen Schwabauer Community Development Director SS/jw Attachment

2015-16 Community Development Block Grant

Annual Action Plan Amendment #3

June 15, 2016

2015-16 Annual Action Plan – Amendment #3 p.1 of 2

I . INTRODUCTION The 2015-16 Action Plan is a one-year plan to address housing and community development needs in the City of Lodi, with a particular focus on the needs of low-income households. This is the first year of the implementation of the five-year Consolidated Plan. Both the Consolidated Plan and the Action Plan are implemented by the Neighborhood Services Division in the Community Development Department.

The 2015-16 Annual Action Plan was adopted on May 6, 2015, and approved by the US Department of Housing and Urban Development in July 2015.

The City currently has $69,943 of CDBG Program funding allocated to the Kofu Park ADA Improvement project. A bid of $92,500 was received from AM Stephens on May 4, 2016.

A minimum of $22,557 is needed to fund this project and we do have CDBG funding available from another City project. Our program guidelines, however, require City Council action through a Public Hearing for any increase or decrease in the amount allocated to a project/activity by more than 25%, which in this case would be $17,485.The total amount available for reallocation is $120,943.

Questions regarding this Action Plan amendment should be directed to:

Joseph Wood CDBG Program Administrator City of Lodi 221 W. Pine Street, PO Box 3006 Lodi, CA 95241-1910 209-333-6800 x2467

The Action Plan amendment is available for public review during a 30-day public comment period from May 16, 2016 to June 15, 2016. A public notice announcing its availability was published in the Lodi News-Sentinel on May 18, 2016. A public hearing on the Amendment will be held on June 15, 2016, at the Lodi City Council meeting.

2015-16 Annual Action Plan – Amendment #3 p.2 of 2

I I . REALLOCATED FUNDS The following project is being considered for reallocation to an existing project:

Project Number Project/Public Service Name Balance for Transfer

14.12 Hutchins Street Square – North Entrance ADA $25,000.00

$25,000.00

I I I . ACTIV ITY CH ANGES As mentioned previously, the City has identified one existing project to which it will commit the reallocated CDBG funding to. In order to commit funding to existing activities, or to create new activities, the City must amend the 2015-16 Annual Action Plan. A description of the activity and proposed funding reallocation follows:

P U B LI C I M P RO VE M E N TS

KOFU Park ADA Improvements City of Lodi Public Works Department Removal of architectural barriers to the mobility or accessibility of elderly persons or of “severely disabled” adults. National Objective: 570.208(a)(2)(ii)(A) Low-Moderate Income, Limited Clientele Activities - Eligible Activity: 570.201(c) Public Facility Improvements Priority Needs: Public Improvements (High) Goals Addressed: Construct or Upgrade Public Facilities Output: One public facility improvement completed. Outcome Category: Improving public facilities benefitting low-income areas and targeted

low-income populations. Funding: $40,000 – 2013-14 CDBG $29,943 – 2015-16 CDBG $25,000 – Reallocated CDBG $94,943 – NEW TOTAL


A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AMENDMENT NO. 3 OF THE 2015-16

COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN

=================================================================== WHEREAS, the Department of Housing and Urban Development (HUD) has determined that the City of Lodi, California, is entitled to Community Development Block Grant (CDBG) as an entitlement community; and WHEREAS, the City of Lodi has held, with proper notification, a public hearing at the City Council meeting of June 15, 2016, to receive comments from the public regarding the proposed reallocation of CDBG funds; and WHEREAS, the City has identified the following project that has $25,000 in CDBG funding available for reallocation:

Project 14.12 - HSS North Entrance ADA Improvements ($25,000) WHEREAS, the City has identified one existing project in which to commit the reallocated funds:

15.16 (New Project) - Kofu Park ADA Improvements $25,000 WHEREAS, this reallocation of funds requires an amendment of the 2015-16 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve Amendment No. 3 of the 2015-16 Annual Action Plan to accommodate the aforementioned reallocation. Dated: June 15, 2016 =================================================================== I hereby certify that Resolution No. 2016-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 15, 2016, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – JENNIFER FERRAIOLO City Clerk

2016-____

CITY OF LODILEGAL ADVERTISEMENT

ADVERTISTNG TRUCTIONS

SUBJECT: NOTICE OF PUBLIC HEARING FOR DISCUSSION OF POSSIBLECDBG REALLOCATIONS

PUBLISH (DATES): May 18, 2016

ACCT#: 20104930

TEAR SHEETS WANTED: I EXTRA (ONLY) DELIVER TO: CommunityDevelopment Dept.

AFFIDAVIT & BILL TO: Communit)¡ Development - CDBGCity of Lodi221 V/. Pine StreetLodi"CA9524l

DATE: l|/ray 16.2016 ORDERED BY: Joseph V/ood

TITLE: Neighborhood Services Division Manager

J:\Community Development\À,leighborhood Services Division\CDBG\2O15-16\lrlotices\Public Hearing Notice Action Plan 5-18-

16.doc

DECLARATION OF POSTING

PUBLIG HEARING FOR DISCUSSION OF THE COMMUNITYDEVELOPMENT BLOCK GRANT PROGRAM

On Thursday, June 2,2016, in the City of Lodi, San Joaquin County, California, a Noticeof Public Hearing for discussion of the Community Development Block Grant program(attached and marked as Exhibit A), was posted at the following locations:



Executed on June 2,2016, at Lodi, California.

ORDERED BY:


PAMELA M. FARRIS ELIZABETH BURGOSADMINISTRATIVE CLERKDEPUTY CITY CLERK

N:\Administration\ClERK\Public Hearin gs\AFFADAVITS\DECPOST. DOC

Eliij iffilî ALEGAL NOTICE

NOTICE OF PUBLIC HEARING FOR DISCUSSION OF THE COMMUNITYDEVELOPMENT BLOCK GRANT PROGRAM

NOTICE IS HEREBY GTVEN that a public hearing will be held on Wednesday, June 15,2016 at7:00p.m. or as soon thereafter as the matter may be heard, in the Lodi City Council Chambers, 305 West PineStreet, Lodi, CA 95241 in order to consider an amendment to the 2015/16 Annual Action Plan (AAP) andto receive input regarding community needs and funding priorities.

The CDBG program provides funding for activities that benefit low-income persons, eliminate slum orblight, or serve an urgent need. Eligible activities include properly acquisition, public improvements,housing rehabilitation, economic development, and public services.

As a recipient of Community Development Block Grant (CDBG) funding, the City developed an ActionPlan that described the activities funded in the 2015-16 Program Year. The Action Plan generallydescribes how the City will utilize program funds for eligible activities during the f,rscal year. The ActionPlan can be amended as needed to reallocate funds to housing and community development activities.

Planning documents will be made available to the public for at least 30 days before adoption by the CityCouncil. The documents have been released on May 16,2016 for public review and comment. A 30-daycomment period will run through the public hearing on June 15,2016.

The purpose of this public hearing will be to give citizens an opportunity to make their comments knownregarding a proposed reallocation of CDBG funding. If you are unable to attend the public hearing, youmay direct written comments to the City Clerk, City of Lodi, PO Box 3006, Lodi, CA95241, or you maytelephone (209)333-6711. In addition, information is available for review at Lodi City Hall (221 WestPine Street) between the hours of 8:00 a.m. and 5:00 p.m. on weekdays.

Notice of Non-Discrimination on the Basis of Disability and Reasonable Accommodation

The City promotes fair housing and makes all its programs available to low- and moderate-incomefamilies regardless of age, race, color, religion, sex, national origin, sexual preference, marital status orhandicap.

The City of Lodi does not discriminate in admission or access to, or treatment or employment in,its federally assisted programs and activities on the basis of disability. Reasonableaccommodations will be made available to the disabled, upon request. Translators/Translationservices are also available upon request. Any questions, concerns or requests related to these

Notices should be directed to the following person:

Joseph Wood, (209) 333-6800 x2467

Neighborhood Services ManagerJoseph V/oodDated: May 16,2016

J:\Community Development\Neighborhood Services Division\CDBG\2015-16\Notices\Public Hearing Notice Action Plan 5-18-l6-doc

AVISO LEGAL

AVISO DE AUDIENCIA PÚBLICA PARA LA DISCUSIÓN DEL PROGRAMA DE DESARROLLOCOMUNITARIO BLOCK GRANT

LA CIUDAD DE LODIDEPARTAMENTO DE DESARROLLO COMUNITARIO

Aviso de Audiencia Pública Para La Discusión del Programa de Subsidios Globales para el DesarrolloComunitario

CON LA PRESENTE SE NOTIFICA que una audiencia pública se llevará a cabo el Miércoles, 15 de juno 2016 a las 7:00

pm o tan pronto como el asunto podrá ser oído, en el Consejo de Cámaras de la ciudad de Lodi, 305 West Pine Street,

Lodi, CA 95241 a fin de considerar enmienda numero tres al Plan de Acción Anual 2015-16 (AAP) y recibir aportaciones

en relación con las necesidades de la comunidad y las prioridades de financiación.

El programa CDBG proporcíona fondos para actividades que beneficíen a las personas de bajos ingresos, eliminan los

barrios marginales o tizón, o sirven a una necesidad urgente. Las actividades elegibles incluyen la adquisición de

propiedades, mejoras públicas, rehabilitación de viviendas, eldesarrollo económico, y los servicios públicos.

Como beneficiario de fondos del Desarrollo Comunitario (CDBG), la Ciudad ha desarrollado un plan de acción que

describe las actividades propuestas para ser financiadas en 2015-16. El plan de acción en general describe cómo el se

va a utilizar los fondos del programa en actividades elegibles durante el año fiscal. El plan de acción puede modificarse

según sea necesario para reasignar fondos a las actividades de vivienda y desarrollo comunitario.

Se pondrán a disposición los documentos de planificación al público durante al menos 30 días antes de su aprobaciónpor el Ayuntamiento. Se anticipa que los documentos serán disponibles el 16 de mayo de 2016 para su revisión y

comentarios. Una audíencia pública se conducirá el Miércoles, 15 de juno del 2016 para su revisión y aprobación del Plan

de Acción Anual.

El propósito de esta audiencia pública será el de dar a los ciudadanos la oportunidad de hacer saber sus comentarios

respecto a las necesidades de la comunidad y las posibles actividades que se financiarán en el marco del programa

CDBG. Si usted no puede asistir a la audiencia pública, puede dirigir sus comentarios a la Secretaría de la Ciudad,

Ciudad de Lodi, PO Box 3006, Lodi, CA95241escrito, o usted puede llamar porteléfono al (209) 333-6711. Además, lainformación está disponible para su revisión en Lodi City Hall (221 West Pine Street) entre las horas de 8:00 am y 5:00pm de lunes a viernes.

Aviso de no discriminación por motivos de discapacidad y adaptación razonable

La Ciudad promueve la equidad de vivienda y hace que todos sus programas disponibles para familias de bajos y

moderados ingresos sin importar la edad, raza, color, religión, sexo, origen nacional, orientación sexual, estado civil o

discapacidad.

La ciudad de Lodi no discrimina en la admisión o acceso a, o tratamiento o empleo en sus programas y actividades que

reciben asistencia federal sobre la base de la discapacidad. Los ajustes razonables serán puestos a disposición de las

personas con discapacidad que lo soliciten. Traductores / Servicios de traducción están disponibles bajo petición. ïodaslas preguntas, inquietudes o solicitudes relacionadas con estos avisos se deben dirigir a la siguiente persona:

Joseph Wood, (209) 333 a 6800 x2467Servicios a los Vecindarios GerenteJoseph Wood

Fecha: 16 de mayo 2016

AGENDA ITEM G-03


CITY OF LODI COUNCIL COMMUNICATION TM

AGENDA TITLE: Public Hearing to Consider: 1) Introducing Ordinance Repealing and Reenacting Lodi Municipal Code Chapter 17.34 – Signs in its Entirety; 2) Introducing Ordinance Repealing Lodi Municipal Code Chapter 9.19 - Political Sign Regulations in its Entirety; and 3) Introducing Ordinance Repealing and Reenacting Lodi Municipal Code Section 10.44.040 Parking for Certain Purposes Prohibited – Display of “For Sale” signs on Vehicles, Vessels or Trailers-Restrictions in its Entirety


PREPARED BY: City Attorney ____________________________________________________________________________

RECOMMENDED ACTION: Public Hearing to consider 1) Introducing Ordinance repealing and reenacting Lodi Municipal Code Chapter 17.34 – Signs in its entirety; 2) Introducing Ordinance

repealing Lodi Municipal Code Chapter 9.19 - Political Sign Regulations in its entirety; and; 3) Introducing Ordinance repealing and reenacting Lodi Municipal Code Section 10.44.040 Parking for Certain Purposes Prohibited – Display of “For Sale” signs on Vehicles, Vessels or Trailers-Restrictions in its entirety.

BACKGROUND INFORMATION: In June 2015, the United States Supreme Court in the case of Reed v. Town of Gilbert, Ariz., effectively held that all temporary signs, including temporary election signs,

must be regulated uniformly and that content-based regulations violate the First Amendment right to free speech. As a result, municipalities throughout the country are in the process of analyzing and amending applicable sign ordinances to ensure compliance. Staff reviewed and analyzed the LMC and determined that the proposed amendments are necessary to comply with the Court’s ruling.

Currently, Chapter 17.34 of the Lodi Municipal Code (LMC) regulates signage under the site planning and general development standards of the development code adopted in February 2013. Chapter 9.19 of the LMC regulates political signs. LMC Section 10.44.040 regulates parking on public streets, right-of-ways, and property for the purpose of selling vehicles.

Staff recommends that the City regulate all temporary signs under Chapter 17.34 of the development code and repeal the specialized temporary sign regulations, including those set forth in Chapter 9.19 (political sign regulations). Therefore, staff drafted revisions to Chapter 17.34 to incorporate the performance standards contained in the existing political sign ordinance, Chapter 9.19, and ensure that the existing political sign rights, e.g., size and number of signs, are not lost.

It is important to note that as a result, the City is faced with a number of compromises in order to balance differences between the way commercial and political signs are currently regulated. The proposed ordinance will allow three additional temporary signs per parcel in residential, commercial, and industrial zoning districts and increase the allowable square footage of such

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signs from six square feet to 32 square feet in commercial and industrial zoning districts. In addition, the initial findings will be bolstered, City-related advertising signage will be permitted to conform to existing practice, and minor typographical errors and items of inconsistency within Section 17.34 have been corrected. As discussed in further detail below, the recommended action would regulate all signage equally as a land use matter under the Zoning Code and eliminate the existing scheme of different standards for different activities in different sections of the LMC. It is important to note that no new restrictions would be imposed. Temporary signage entitlements would be increased and expanded to accommodate all potential activities under a standardized regulation, however all other existing Zoning Code sign regulations would remain unchanged. These proposed changes are driven by the need to ensure that the City’s sign regulations are legally enforceable and comply with the United States Supreme Court’s recent ruling. On May 11, 2016 and May 25, 2016, the Planning Commission held public hearings to review the regulation of signage under the LMC, and accept public testimony. The Commission adopted a resolution recommending the City Council: 1) repeal and reenact Lodi Municipal Code Chapter 17.34 – Signs in its entirety; 2) repeal Lodi Municipal Code Chapter 9.19 - Political Sign Regulations in its entirety; and; 3) repeal and reenact Lodi Municipal Code Section 10.44.040 Parking for Certain Purposes Prohibited – Display of “For Sale” signs on Vehicles, Vessels or Trailers-Restrictions in its entirety. Staff also requests that the City Council approve the proposed revisions to LMC Chapter 10.44 – Stopping, Standing and Parking, specifically Section 10.44.040 - Parking for Certain Purposes Prohibited – Display of “For Sale” signs on Vehicles, Vessels or Trailers-Restrictions. The existing LMC Section 10.44.040 makes it unlawful to display a “For Sale” sign on a vehicle, vessel or trailer parked upon any public street, right-of-way or public property, whereas the proposed revised ordinance eliminates the reference to signage and makes it unlawful to park a vehicle, vessel or trailer upon any public street, right-of-way or public property, with limited exceptions (see Section 10.44.040 (A)) for the purpose of sale. The “For Sale” sign prohibition is being removed to comply with court findings that such signs are First Amendment protected speech. ENVIRONMENTAL ASSESSMENTS: The project was found to be Categorically Exempt according to the California Environmental Quality Act, Article 19 §15321, Class 21 (a) (2). The project is classified as an “Enforcement action by regulatory agencies” because it is the “adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective.” No significant environmental impacts are anticipated and no mitigation measures are required.


FUNDING: Not applicable. _______________________________ John P. Fukasawa Deputy City Attorney

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ORDINANCE NO. _____

AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17 “DEVELOPMENT CODE”

BY REPEALING AND REENACTING CHAPTER 17.34 – “SIGNS” IN ITS ENTIRETY

================================================================================ BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 17 “Development Code” is hereby amended by repealing and reenacting Chapter 17.34 “Signs” in its entirety, and shall read as follows:

CHAPTER 17.34 - SIGNS Sections: 17.34.010 Purpose of Chapter. 17.34.020 Applicability. 17.34.030 Sign Permit Requirements. 17.34.040 Prohibited Signs. 17.34.050 General Requirements for All Signs. 17.34.060 Zoning District Sign Standards. 17.34.070 Standards for Specific Types of Signs. 17.34.080 Exceptions to Sign Area Standards. 17.34.090 Sign Maintenance. 17.34.100 Nonconforming Signs. 17.34.110 Violations and Abatement. 17.34.120 Judicial Review. 17.34.130 Sign Design Guidelines. 17.34.010 ‐ Purpose of chapter.

The city finds that signage, regardless of content or purpose, draws the visual attention of the public, and thereby creates a traffic safety hazard and degrades the aesthetic quality of the environment. The regulations established by this chapter are intended to address these issues by regulating regulate the placement, type, quality, materials, size, and number of signs allowed within the city, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:

A. Enhance commerce within the community by providing for signs that will allow the public to easily identify uses and premises, and regulating signs on the basis of their physical design, location, and proportions;

B. Preserve and enhance the aesthetic, traffic safety, and environmental values of the community, and commercial, office, and industrial districts, while at the same time providing a channel of communication to the public;

C. Limit commercial signage to on-site locations to keep the proliferation of this signage to a more aesthetic proportion, and protect existing businesses from visual encroachment from new signage on neighboring properties;

D. Avoid traffic safety hazards to motorists and pedestrians caused by visual distractions and obstructions;

E. Promote the aesthetic quality of the community by providing for signs that enhance the attractiveness of the city as a place to live, work, and shop; and

F. Safeguard and protect the public health, safety, and general welfare.

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17.34.020 ‐ Applicability.

A. Signs Regulated. The requirements and development standards in this chapter shall apply to all signs in all zoning districts except signs that are less than thirty-three percent of a window surface.

B. Applicability to Sign Content. The provisions of this chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.

17.34.030 ‐ Sign permit requirements.

No sign shall be installed, constructed, or altered unless it is first approved in compliance with this section.

A. Fees and Plans Required. An application for a sign permit shall be filed and processed in compliance with Chapter 17.50 (Application Filing and Processing). The application shall also include architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include any additional information and materials as required by the department.

B. Design Review and Approval. The director shall review all sign permit applications and approve only those found to be in substantial conformance with the design review criteria provided in Section 17.34.050 (General Requirements for All Signs). The director may require conditions of approval as are reasonably necessary to achieve the purposes of this chapter.

The director may refer sign permit applications to SPARC for action, either on the individual sign permit, or as part of a development project that is otherwise subject to SPARC review.

C. Master Sign Program.

1. When Required. A master sign program shall be approved by the director (or by SPARC upon referral by the director) prior to the issuance of any sign permit for:

a. A new nonresidential project with four or more tenants; and

b. Major rehabilitation work on an existing nonresidential project with four or more tenants that involves exterior remodeling. For the purposes of this chapter, major rehabilitation means adding more than fifty percent to the gross floor area of the building/buildings, or exterior redesign of more than fifty percent of the length of any facade within the project.

All signs installed or replaced within the nonresidential project shall comply with the approved master sign program.

2. Content of Program. A master sign program shall provide standards for the uniform style, size, placement, and color palette of signs within the proposed nonresidential project.

3. Revisions. Revisions to a master sign program may be approved by the director if he or she first determines that the revision is minor and that the intent of the original approval, and any applicable conditions are not affected. A new sign permit shall be obtained for revisions that would substantially deviate from the original approval.

D. Time Limit for Action. A sign permit or a master sign program shall be approved or disapproved by the review authority within fifteen working days of the application being accepted as complete in compliance with Section 17.38.060 (Initial Application Review). A sign that is submitted in full compliance with an approved master sign program shall be approved within five working days of the application being accepted as complete.

E. Signs and Sign Changes Allowed Without a Sign Permit. The following do not require a sign permit, provided that they comply with Section 17.34.050 (General Requirements for All Signs), and any required building permit is obtained.

1. Nonstructural Modifications and Maintenance.

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a. Modifications or replacement to a face of a cabinet sign.

b. Nonstructural modifications of the face, design, or color of an existing sign, provided that the modifications comply with any applicable master sign program approved in compliance with subsection C of this section.

c. The normal maintenance of signs.

2. Temporary Signs. Temporary signs in compliance with Section 17.34.070(D).

17.34.040 ‐ Prohibited signs.

The following types of signs and devices shall be specifically prohibited:

A. A sign in conjunction with a home occupation permit;

B. Abandoned signs;

C. Animated signs, including electronic message display signs, and variable intensity, blinking, or flashing signs; except time and temp signs (except in accordance with Section 17.34.070(F), (Programmable Electronic Signs);

D. Balloons and other inflatable devices;

E. Moving signs;

F. Permanent off-site signs;

G. Pennants, except as allowed for temporary periods by Section 17.34.070;

H. Roof signs;

I. Because of the city's compelling interest in ensuring traffic safety, signs that simulate in color, size, or design, any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads or confuses pedestrian or vehicular traffic;

J. Signs attached to or suspended from a vehicle parked within a public right-of-way, or in a location on private property that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle;

K. Temporary and portable signs, except as allowed by Section 17.34.070;

L. Poorly maintained signs; and

M. Signs in public right-of-way or affixed to city property.; and

N. Signs which advertise activities illegal under Federal, State, or local laws, rules, or regulations.

17.34.050 ‐ General requirements for all signs.

A. Sign Area. The measurement of sign area to determine compliance with the sign area limitations of this chapter shall occur as follows:

1. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 3-11.

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Figure 3-11 - Sign Area Measurement

2. Supporting framework or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3. For freestanding signs all readable surfaces visible from a public right-of-way shall be counted in sign area calculations.

4. Where a sign consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane.

5. For signs that incorporate time and temperature devices, the area of these devices shall not be included in the total area of the sign.

B. Sign Height. Sign height shall be measured as the vertical distance from the finished grade adjacent to the base of the sign structure to the highest point of the structure, where finished grade does not include fill, planters, or other material artificially placed to allow increased sign height.

C. Sign Location Requirements.

1. All signs identifying an occupant, business, or use shall be located on the same site as the occupant, business, or use, except as otherwise allowed by this chapter.

2. Signage allowed on one building or frontage shall not be transferred to another building or frontage.

3. Each sign, including a sign located on a temporary or portable building, shall be subject to the requirements of this chapter.

4. No sign shall be located within the public right-of-way, except as otherwise allowed by this chapter.

5. A sign for the purpose of construction, sales, or leasing are permitted within a required setback area, provided it is:

a. Located within a permanently maintained landscaped planter area having an area at least twice that of the sign area;

b. Not closer than ten feet from any property line and ten feet from any access driveway; and

c. Not within a radius of twenty feet of the intersection of the rights-of-way of two intersecting streets.

6. The location of all signs shall be evaluated to ensure:

a. That the setback is appropriate for the height and area of a freestanding or projecting sign;

b. That flush or projecting signs relate to the architectural design of the building. Signs that cover windows, or that spill over natural boundaries and architectural features shall be discouraged;

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c. That signs do not unreasonably block the sight lines of existing signs on adjacent properties; and

d. Pedestrian and vehicular safety.

7. A freestanding sign may be placed only on a site frontage adjoining a public street.

8. No freestanding sign shall be closer than seventy-five feet to another freestanding sign, to ensure adequate visibility for all signs. The director may waive this requirement where parcel width and/or the locations of existing signs on adjacent properties would make the seventy-five-foot separation impractical.

D. Design Criteria for Signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a sign permit or building permit can be approved.

1. Color. Colors on signs and structural members should be harmonious with one another and reflective of the dominant colors of the building or buildings being identified. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the building colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).

2. Materials and Structure.

a. Sign materials (including those for framing and support) should be representative of the type and scale of materials used on the building or buildings which the sign identifies. Insofar as possible, sign materials should match the materials used on the building and on other signs.

b. Materials selected for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

c. The size of the structural members (e.g. columns, crossbeams, and braces) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.

d. The use of individual letters incorporated into the building design is encouraged, rather than signs with background and framing other than the building wall.

e. The use of reflective materials or surfaces may be approved only where the review authority determines that they will not distract motorists or create other hazards, and should be minimized in all cases.

f. Wall signs shall not project from the surface upon which they are attached more than required for construction purpose and in no case more than twelve inches.

g. Wall signs shall not project above the eave line or the edge of the roof of a building.

E. Copy Design Guidelines. The city does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.

1. Sign copy should relate only to the name and/or nature of the business or commercial center.

2. Permanent signs that advertise continuous sales, special prices, etc. should be avoided.

3. Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

4. Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center.

F. Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to minimize light and glare on surrounding rights-of-way and properties.

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1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.

2. The light from an illuminated sign shall not be of an intensity or brightness that will interfere with the reasonable enjoyment of residential properties. In areas with low ambient nighttime illumination levels (e.g., residential neighborhoods or business districts with little or no illuminated signing) applicants shall be encouraged to use light, illuminated copy against dark or opaque backgrounds.

3. Signs shall not have blinking, flashing, or fluttering lights or other illuminating devices that have a changing light intensity, brightness or color, except as otherwise allowed in Section 17.34.070 (Programmable Electronic Signs).

4. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.

5. Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

6. Incandescent lamps shall not be visible from a public right-of-way or adjacent property.

7. Light sources shall utilize energy efficient fixtures to the greatest extent possible.

G. Maintenance of Signs. Signs and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better in quality of materials and design as the original sign. Signs which are not properly maintained and are dilapidated shall be deemed to be a public nuisance, and may be abated in compliance with Lodi Municipal Code.

When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the building or sign support structure.

H. Signs on Public Property. No signs are allowed on public property, except for the following:

1. A public sign erected by or on behalf of the city or other public entity to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic.

2. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes.

3. An emergency warning sign erected by the city or other public entity, a public utility company, or contractor doing authorized or permitted work on public property.

4. Signs constructed by the city to direct persons to specific districts, regions, or public facilities.

5. Banner signs on city property (e.g., light poles in downtown area or along major corridors).

6. Advertising signs on transit, police, parks and other city property (e.g. city facilities, including but not limited to transit shelters, buses, park facilities, and Hutchins Street Square).

17.34.060 - Zoning district sign standards.

Only the signs and sign area authorized by this section shall be allowed unless otherwise expressly provided in this section or Section 17.34.070 (Standards for Specific Types of Signs).

A. Residential Zoning Districts. Signs within the residential zoning districts shall comply with the following standards:

1. Size and Type of Signs Allowed. Each parcel in the residential zoning districts may be permitted signs as follows:

a. One nameplate not exceeding one square foot in area identifying the occupant of a residence. No building permit is required;

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b. One identification sign for apartment and institutional use, not exceeding forty-eight square feet in area;

c. One unlighted sign not exceeding six square feet in area that advertises the sale or rental of the premises. No building permit is required;

d. A bulletin board for a religious facility or public institution, not exceeding twenty square feet in area, upon the issuance of a use permit by the planning commission;

e. One sign not exceeding one hundred square feet in area on the site of a construction project or new subdivision, that indicates the nature of the development or identifies the persons involved in the construction; which may be placed on the site prior to or during the development activities;

f. One unlighted, noncommercial sign not exceeding six square feet in area; and

g. A warning or no trespassing sign not exceeding six square feet in area. No Building Permit is required.

2. Setback Requirements. Each sign shall be set back at least ten feet from all property lines.

3. Height Limit. No building mounted sign shall exceed a height of twenty feet. No freestanding sign shall exceed a height of eight feet, sign plus base.

B. Commercial and industrial zoning district sign standards. Each proposed sign shall comply with the following standards for the applicable zoning district.

1. CC District. Each sign within the CC zoning district shall comply with the following standards:

a. General Specifications and Requirements.

i. Sign content should shall be limited to the tenant's name and primary graphic logo unless specifically provided for herein;

ii. Notwithstanding the following sign provisions, tenants may utilize standard corporate logos and/or prototypical signage graphics, if used in a majority of the tenant's California stores subject to approval of the city of Lodi;

iii. All signage on the building fascia, with exception of certain logo/graphics, shall be of indirectly lit individual channel letters or dimensional letters in accordance with the definitions below. No cabinet signs shall be permitted. Signage illumination shall not include flashing, moving or scintillating effects;

iv. Channel letters are to be defined as individual channel letters or as connected channels that may be composed of script letters with connected serifs, or an non-script letters that are connected by heavy outlines into an integrated shape or "channel box". Secondary channel boxes containing a logo mark or underlining the primary text and containing a secondary message shall be permitted. Illumination may be with either LEDs or neon;

v. Dimensional letters are to be made of one-half-inch thick clear acrylic or one and one-half-inch thick aluminum;

vi. All signs must be dimensional. Signs painted directly onto the building shall not be permitted;

vii. Painted wall graphics or murals that are thematic to the overall shopping center and do not provide any specific tenant identification shall be allowed subject to prior approval by the city of Lodi. The thematic wall graphics or murals shall be counted as signs or sign area with respect to the building on which graphic or mural is painted;

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viii. Signs may not come within one foot of the top, bottom or sides of the building elevation or fascia upon which a sign is located. In no case may a sign extend beyond the roof parapet or adjacent building eave line. Signs are not allowed on or against any roof structures. Architectural tower features on buildings may be considered for tenant identification signs subject to specific sign design approval by the city of Lodi;

ix. Exposed channel letter raceways are prohibited. All channel letter signs must be mounted directly to the building surface or be mounted upon a decorative architectural background feature subject to specific sign design approval by the landlord and the city of Lodi;

x. Tenant signs will be no larger than seventy-five percent of fascia height, with a maximum width of seventy-five percent of tenant's frontage;

xi. All signs are to be laid out so as to be proportionate to the area in which it is placed, as well as comply with the square footage limitations. They should also be centered at the appropriate location on the elevation so it would be balanced with the buildings as a whole. (Not necessarily centered on the Tenant space);

xii. Each tenant may have signage upon the front and rear elevations subject to size area limitations. End cap tenants may also have signage on their side elevations subject to size area limitations. Pad tenants may have signage on all elevations facing a public street or parking area subject to the size area limitations;

xiii. Colors shall be consistent with the theme of the shopping center;

xiv. Temporary wall signs, pennants, flags, over-roof signs, inflatable displays, exposed neon, or sandwich boards are prohibited. Temporary banners advertising specials or sales may be allowed in accordance with the city code; and

xv. Window signs, other than the permanent window graphics will not be allowed. These signs include neon signs, fiber optic/neon simulated plastic signs and border neon.

b. Free-standing Signs. The design of the multi-tenant pylon signs, multi-tenant monument signs and center identification monument sign shall be commensurate with the architecture of the shopping center.

i. Freeway Information Area Signage.

(A) One pylon sign, no higher than sixty-five feet shall be permitted along the freeway frontage. The sign shall identify multiple tenants within the shopping center; and

(B) The pylon sign shall have a maximum of seven hundred twenty square feet of tenant identification and thirty-two square feet of shopping center identity.

ii. Center Identification Sign. One center identification sign, no higher than eight feet, shall be permitted. The sign shall be a single-sided, identifying the entrance to the center. No tenant names shall be displayed on the identification sign.

iii. Monument Signs.

(A) One multi-tenant monument sign, no higher than twelve feet, shall be permitted. A shopping center of ten acres or more may have two monument signs. These signs may have two-sided panels to identify multiple tenants within the shopping chopping center; and

(B) The monument signs shall have a maximum of eighty-four square feet of tenant identification and eight square feet of shopping center identity.

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c. Tenant Signage. The sign program regulates the total allowed signage each tenant may have, based upon the frontages of each store. Tenant signage shall not exceed the total allowed maximum signage per tenant.

i. Tenants shall be allowed two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side (end caps) and rear elevations;

ii. The signs may either be internally illuminated plex-faced channel letters or halo illuminated fabricated aluminum reverse pan channel letters; and

iii. Single pad tenants shall be allowed one wall sign per each business frontage facing a street, pedestrian plaza and/or parking lot. The total allowed sign area shall be two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side and rear elevations.

3. GC and Industrial Districts. Each sign within the GC and industrial zoning districts shall comply with the following standards:

a. Size and Type of Signs Allowed. A parcel in the GG or an industrial zoning district may be permitted signs as follows, provided that no sign shall exceed an area of four hundred eighty square feet.

i. An individual business adjacent to a public street or streets is allowed one square foot of sign area for each linear foot of street frontage.

ii. An individual business that shares street frontage with other businesses (e.g., within a single building) is allowed one square foot of sign area for each linear foot of building frontage.

iii. An individual business located on a corner (i.e., with building frontage or street frontage on two sides) is allowed seventy-five percent of the ratio of two square feet of sign area for each linear foot of street frontage.

b. Size and Type of Signs—Parcels with Four or More Businesses. Parcels under one ownership that contain four or more businesses may be permitted one freestanding sign in addition to the signs permitted by subsection (B)(3)(a), provided that the sign shall not:

i. Exceed three hundred square feet in area. One hundred fifty square feet of the total sign area may be used for individual identification signs uniform in size, shape, and lettering; and

ii. Contain a reader board.

c. Off-premises Signs. Off-premises signs are prohibited, with the exception of those that legally existed prior to the adoption of this development code.

d. Setback Requirements. Each sign shall be set back at least two feet from the property line.

e. Height Limit. No sign shall exceed the following height limits, as applicable.

i. Building-mounted Signs. A building-mounted sign shall not exceed the height limit of the building or thirty-five feet, whichever is less.

ii. Freestanding Signs. A freestanding sign shall not exceed the height of the tallest building on the site;

iii. Freeway Information Area.

(A) A freeway information (FI) area is established to include an area bounded: on the west by a line drawn fifty feet west of the west right-of-way line or

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Cherokee Lane or five hundred feet west of the west right-of-way line of the U.S. Highway 50-99 freeway, whichever is greater; and on the east by a line drawn five hundred feet east of the east right-of-way line of the U.S. Highway 50-99 freeway; and on the north and south by the then-current city limits.

(B) A sign within the FI area shall not exceed a height of seventy-five feet.

4. O District. Each sign within the O zoning district shall comply with the following standards:

a. Size and Type of Signs Allowed.

i. Signs shall not exceed one square foot of sign area for each two linear feet of street frontage, up to a maximum sign area of two hundred square feet. The maximum allowable area of signs for an office use located on a corner parcel shall be calculated by using seventy-five percent of the length of the total street frontage;

ii. The size, location, and design of the sign is visually complementary and compatible with the size and architectural style of the primary structures on the site, any prominent natural features of the site, and structures and prominent natural features on adjacent properties on the same street; and

iii. No sign shall be lighted so that light shines on neighboring properties.

b. Setback Requirements. Each sign shall be set back at least ten feet from the property line.

c. Height Limit. No building mounted sign shall exceed a height of twenty feet. No freestanding sign shall exceed a height of eight feet, sign plus base.

C. Mixed Use Zoning District Sign Standards. The regulation of the location, size, type and number of signs permitted shall be governed by the provisions of this section.

1. Downtown Mixed Use and Mixed Use Center Districts. Each sign within the DMU and MCE zoning districts shall comply with the following standards:

Signs must be more than just a way to relay information; they must be an architectural extension of a building. The objective of the standards and guidelines is not to create uniformity, but to eliminate those elements that result in a cluttered and unattractive physical environment. Few outward features of a business display the owner's confidence and quality as well as signage. These basic parameters provide for creative signs that may still be as varied and different as the businesses they represent.

a. Permitted Sign Types.

i. Flush-Mounted or Painted Wall Signs. Cabinet "canned" signs shall be prohibited.

ii. Projecting Signs. Provided:

(A) They leave no less than eight clear above the finished grade, and extend no more than four feet out from the wall;

(B) They are not mounted above the first floor.

iii. Awning and Canopy Signs. Awnings are primarily for shade and secondarily a sign location. Letters and graphics are limited to vertical surfaces and shall not exceed fifty percent of the surface area. Internally illuminated vinyl awnings are not permitted.

iv. Free Standing Signs. Pole-mounted and/or other forms of free standing signs shall not be permitted in the downtown district. Exceptions, subject to city review are:

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(A) Directory Signs or kiosks. These may be considered for sidewalk locations; those for private arcades or buildings should be on private property, located in publicly accessible courts, accessways, or passages.

(B) Portable Signs. Menu boards for restaurants, etc. provided they are stored indoors after hours of operation and not placed to obstruct the public sidewalk.

b. Sign Size.

i. Building Mounted Signs. The maximum area for each permitted sign type or any combination thereof shall be one square foot per one linear foot of tenant street frontage. Maximum sign length shall not exceed seventy-five percent of the tenant space frontage.

ii. Free Standing Signs. Per city review.

c. Exemptions.

i. Temporary Signs as set forth in section 17.34.070(D). Limited to sales and/or special events, and temporary construction signs, limited to a length of time not to exceed thirty days per calendar year.

ii. Permanent Signs. In addition to those permitted above shall be limited to:

(A) Existing built-in signs that are integral to the building design.

(B) Painted window signs that cover a maximum of twenty-five percent of the window area.

(C) Any sign identifying hours of operation that have an area of less than three square feet.

d. Sign Maintenance. High levels of maintenance are essential if investment in the downtown is to be encouraged. Because signs are meant to be seen, maintenance is especially important.

i. Paint. Signs shall be retained in good condition, with touch-up or repainted as needed. Peeling paint should be replaced promptly.

ii. Repair. Damaged signs and poles shall be repaired promptly or removed.

iii. Illumination. Bulbs and fixtures shall be replaced promptly if they burn out or are broken.

iv. Awnings. Awnings that are damaged and/or faded shall be repaired or replaced promptly.

e. Architectural Compatibility. A building's architectural style and overall proportions should guide the design of signs. Signs should be located on the facade in areas designed for this function; e.g. a recessed or framed area between the first and second floor, or a parapet panel between shopfront and roofline.

f. Sign Types.

i. Flush-Mounted and painted wall signs should align with major architectural elements, such as doors and windows. Ornamental elements, such as moldings, pilasters, arches, clerestory windows, roof eaves, or cornice lines should be used as a frame.

(A) Relationship to Cornice or Roof Line. Signs should not extend above the cornice line or into or above roof areas, unless they function as an integral part of the roof design. For example:

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(1) A sign board may extend above the cornice line of an otherwise flat-topped building if it is designed as a parapet in keeping with the style of the rest of the building.

(2) A sign board may extend above an existing parapet, if it is located to function as an accent to the basic parapet design.

ii. Projecting Signs.

(A) Proportion. Projecting signs with vertically-oriented messages should be slender in appearance, with a proportion of at least 2:1, height to width. Projecting signs with horizontally-oriented messages may be rectangular or square; if located below an awning or canopy as a hanging "blade" sign, they should also be slender, proportioned 2:1 width to height.

(B) Structural Support. Should be an attractive addition to the overall design of the sign and/or building. Ornamental metal is recommended. Wooden supports are also appropriate if designed to complement the sign; however, undetailed, standard-size lumber should not be used.

(C) Relationship to Cornice or Roof Line. Projecting signs should not extend above the cornice line or into the roof area, unless they are an integral part of a completely new facade design or a faithful accent to existing architectural details or forms. Projection signs should not extend above the eave line of a sloped roof.

iii. Awning and Canopy Signs.

(A) Color. Combinations for awning or canopy signs should be simple. Lettering color and background color should contrast for legibility. Subtle bands of color are appropriate for awnings; more complex patterns or textures should generally not be used.

(B) Location of Message—Awnings. Lettering should not appear on the sloped or curved portion. Information may be located on the valance (the front vertical portion).

(C) Location of Message—Canopies. Signs on canopies should be in the form of letters or a signboard integrated with the canopy fascia, or freestanding letters mounted on top and extending above the fascia.

iv. Other Sign Types.

(A) Figurative signs shaped to reflect the silhouette of a particular object (for example, a key, a coffee cup, etc.) are encouraged. These may be wall-mounted or projecting, but should reflect guidelines for the specific type of sign as listed above.

v. Not Allowed.

(A) "Canned" signs are internally illuminated plastic panels within a sheet metal box enclosure. They should not be used. Inexpensive canned signs use a limited range of colors and lettering types, and tend to have no relationship to the architecture of the building.

(B) Illuminated vinyl awning signs are more appropriate for "commercial strip areas" and shall not be used.

g. Materials. Recommendations are:

i. Signboards of wood or metal, with painted or engraved letters, or mounted letters of wood or metal.

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ii. Silhouette or Figurative Signs. Three-dimensional letters, symbols, and/or ornamental figures made of wood or metal.

iii. Custom Neon. Exterior-mounted on a signboard or metal support frame or enclosure, or interior-mounted behind clerestory or display windows.

iv. Fabric awnings such as canvas with painted or applied lettering; plastic or vinyl awnings should not be used.

h. Lighting. Recommendations are:

i. Backlit with lighting inside and behind projecting lettering.

ii. Top or bottom lit with single or multiple spotlights.

2. Mixed Use Corridor District. Each sign within the MCO zoning district shall comply with the following standards:

a. General Specifications and Requirements. Signs within the MCO zoning district shall comply with the general specifications and requirements identified in Development Code Section 17.34.060 (B)(1)(a).

b. Free-standing Signs. The design of the multi-tenant pylon signs, multi-tenant monument signs and center identification monument sign shall be commensurate with the architecture of the development.

i. Center Identification Sign. One center identification sign, no higher than eight feet, shall be permitted. The sign shall be a single-sided, identifying the entrance to the center. No tenant names shall be displayed on the identification sign.

ii. Monument Signs.

(A) One multi-tenant monument sign, no higher than twelve feet, shall be permitted. A shopping center of ten acres or more may have two monument signs. These signs may have two-sided panels to identify multiple tenants within the chopping center; and

(B) The monument signs shall have a maximum of eighty-four square feet of tenant identification and eight square foot of shopping center identity.

c. Tenant Signage. The sign program regulates the total allowed signage each tenant may have, based upon the frontages of each store. Tenant signage shall not exceed the total allowed maximum signage per tenant.

i. Tenants shall be allowed two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side (end caps) and rear elevations;

ii. The signs may either be internally illuminated plex-faced channel letters or halo illuminated fabricated aluminum reverse pan channel letters; and

iii. Single pad tenants shall be allowed one wall sign per each business frontage facing a street, pedestrian plaza and/or parking lot. The total allowed sign area shall be two square feet of signage per lineal foot of frontage for the front elevation and two square feet of signage multiplied by seventy-five percent per lineal foot of frontage for side and rear elevations.

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Figure 3-12 - Examples of Sign Types

17.34.070 - Standards for specific types of signs.

Proposed signs shall comply with the following standards where applicable, in addition to the sign area and height limitations, and other requirements of Section 17.34.060 (Zoning District Sign Standards), and all other applicable provisions of this chapter.

A. Awning Signs. The following standards apply to awning signs in all zoning districts where allowed by Section 17.34.060 (Zoning District Sign Standards).

1. Signs on awnings are limited to ground level and second story occupancies only.

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2. Awnings shall not be internally illuminated. Indirect lighting may be allowed. Translucent awning materials are prohibited.

3. Awnings are primarily for shade and secondarily a sign location. Letters and graphics shall be limited to vertical surfaces and shall not exceed fifty percent of the surface area. Internally illuminated vinyl awnings are not permitted.

B. Freeway-adjacent Outdoor Advertising Signs.

1. Definitions. For the purposes of this subsection, the terms "advertising structure," "advertising display," "freeway," "highway," "landscaped freeway," "person," "sign," and "to place" shall be defined in compliance with Business and Professions Code Section 5200 et seq. (the California Outdoor Advertising Act).

2. Prohibited for Freeway Viewing. No advertising display shall be placed or maintained on property adjacent to a freeway regardless of the applicable zoning district if the advertising display is designed to be viewed primarily by persons traveling on the freeway.

3. Exemptions. The prohibition in subsection (C)(2) of this section shall not apply to advertising displays or structures placed upon property for the purpose of advertising the sale or lease of the property upon which the sign is placed.

4. Size. The advertising display or structure shall not exceed four hundred eighty square feet.

C. Projecting Signs. Projecting signs shall comply with the following standards:

1. Proportion. Projecting signs with vertically-oriented messages should be slender in appearance, with a proportion of at least 2:1, height to width. Projecting signs with horizontally-oriented messages may be rectangular or square; if located below an awning or canopy as a hanging "blade" sign, they should also be slender, proportioned 2:1 width to height.

2. Structural support should be an attractive addition to the overall design of the sign and/or building. Ornamental metal is recommended. Wooden supports are also appropriate if designed to complement the sign; however, undetailed, standard-size lumber should not be used.

3. Relationship to Cornice or Roof Line. Projecting signs should not extend above the cornice line or into the roof area, unless they are an integral part of a completely new facade design or a faithful accent to existing architectural details or forms. Projection signs should not extend above the eave line of a sloped roof.

D. Temporary Signs. Temporary signs are allowed in all zoning districts subject to the following requirements. Temporary signs include banner signs, paintings, markings and writings.

1. Residential Zoning District On-site Signs.

a. Maximum Area and Height. Sign area shall not exceed six square feet and sign height shall not exceed forty-eight inches.

b. Number. No more than four one temporary on-site signs shall be placed on any parcel.

c. Duration. Temporary signs shall be removed within ten days of the termination of the event with which they are associated. Any sign which has been in place longer than a period of six months shall be subject to the applicable standards regulating permanent signage. No temporary sign shall be in place for more than thirty days, and after removal, the site shall be free from temporary signs for a minimum of thirty days.

d. Placement. Temporary signs shall not present a physical danger to persons or property. No temporary sign shall be placed, affixed, painted, marked, or written in a manner that obstructs either vehicular traffic (either by physical obstruction or obstruction of sight lines) or pedestrian traffic. No temporary sign shall be placed, affixed, painted, marked, or written upon any public property or public right-of-way

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including but not limited to any public building, sidewalk, crosswalk, curb, fence, wall, public playground equipment, and/or facilities, street lamp post, utility pole, hydrant, tree, street or traffic signs, parkways (e.g. the area between curb and sidewalk) or medians.

2. Commercial and Industrial Zoning District On-site Signs.

a. Maximum Area. Sign area shall not exceed thirty-two square feet per sign face.

b. Number. Each parcel shall be allowed a minimum of four temporary on-site signs, plus one additional temporary on-site sign for each 200 feet of lineal street frontage per parcel. Properties with multiple tenants or businesses shall be allowed no more than four additional temporary on-site signs per tenant or business.

c. Duration. Temporary signs shall be removed within ten days of the termination of the event with which they are associated. Any sign which has been in place longer than a period of six months shall be subject to the applicable standards regulating permanent signage.

d. Placement. Temporary signs shall not present a physical danger to persons or property. No temporary sign shall be placed, affixed, painted, marked, or written in a manner that obstructs either vehicular traffic (either by physical obstruction or obstruction of sight lines) or pedestrian traffic. No temporary sign shall be placed, affixed, painted, marked, or written upon any public property or right-of-way including but not limited to any public building, sidewalk, crosswalk, curb, fence, wall, public playground equipment, and/or facilities, street lamp post, utility pole, hydrant, tree, street or traffic signs, parkways (e.g. the area between curb and sidewalk) or medians.

E. Window Signs. The following standards apply to window signs in all zoning districts where allowed:

1. Window signs shall be allowed only on windows located on the ground level and second story of a building frontage.

2. Permanent and temporary signs shall not occupy more than twenty percent of the total window area.

3. Signage shall consist of individual letters, logos, or symbols applied to the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass line.

F. Programmable Electronic Signs. The following standards apply to programmable electronic signs:

1. Programmable electronic signs are only permitted upon the issuance of a use permit by the planning commission. As part of the use permit review, the planning commission shall consider the following:

a. Area of programmable electronic signage;

b. Location of programmable electronic signage;

c. Height of programmable electronic signage;

d. Intensity of light due to programmable electronic signage; and

e. Frequency of message change on the programmable electronic sign.

2. Programmable electronic signs shall comply with the size, location, and height requirements of the underlying zoning district.

3. Programmable electronic signs shall be limited to one-third the area of the sign to which it is permitted to be attached.

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4. The content of programmable electronic signs shall be limited to non-commercial or on-site commercial messages, in any combination, but may not be used for off-site commercial messages.

17.34.080 - Exceptions to sign area standards.

The director or other applicable review authority may grant an administrative deviation to the allowed area of a sign in compliance with Section 17.40.050 (Variations and Administrative Deviations) if it is first determined that:

A. The position or setback of the building on the site requires additional area for effective signing. The exception may increase the allowed sign area by up to twenty-five percent; or

B. The exceptional size of the structures, uses, or site requires additional sign area for effective identification from major approaches to the site. The exception may increase the allowed sign area by up to twenty-five percent; or

C. The name of the business or use to be identified is exceptionally long, so that sign readability would be impaired by crowding words into the allowable sign area. The exception may increase the allowed sign area by up to twenty-five percent; or

D. Signing proposed is indistinguishable from the architecture itself (supergraphic design) or achieves the level of sculptural art.

17.34.090 - Sign maintenance.

All signs within the city shall be maintained in good condition and repair, as follows:

A. Awnings. Awnings that are damaged and/or faded shall be promptly repaired or replaced.

B. Illumination. Bulbs and fixtures shall be promptly replaced if they burn out or are broken.

C. Paint. The paint on each sign shall be maintained in good condition, with touch-up or repainting as needed. Peeling paint should be promptly replaced.

D. Repair. A damaged sign and/or pole shall be promptly repaired, or removed from the site.

17.34.100 - Nonconforming signs.

A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this development code.

A. General Requirements. A nonconforming sign may not be:

1. Changed to another nonconforming sign;

2. Structurally altered to extend its useful life;

3. Expanded;

4. Re-established after a business is discontinued for sixty days; or

5. Re-established after damage or destruction to fifty percent or more of the value of the sign, or its components, as determined by the building official.

B. Abatement. Signs not conforming to the provisions of this chapter shall be brought into compliance or removed upon the following circumstances:

1. Abandonment. Any discontinuance or abandonment of a nonconforming sign shall result in a loss of legal nonconforming status of the sign.

2. Modification. Any proposed modification to the non-conforming sign structure or copy shall result in a loss of legal nonconforming status of the sign.

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17.34.110 - Violations and abatement.

A. Public Nuisance Declared by Director. Any sign erected or maintained contrary to the provisions of this chapter may be declared to be a public nuisance by the director and proceedings for its removal may take place in compliance with Chapter 17.76 (Enforcement).

B. Removal of Abandoned Sign, Sign Shell, and Support Structures. A sign, sign shell, and support structures shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign and sign shell, the director shall give the owner thirty days written notice to remove it. Upon failure to comply with the notice, the director may have the sign removed at the owner's expense. Proceedings for the removal of signs and/or support structures shall comply with Chapter 17.76 (Enforcement).

17.34.120 - Judicial review.

Any permit issued or denied in compliance with this chapter shall be subject to expedited judicial review in accordance with the time limits set forth in Code of Civil Procedure Section 1094.8 et seq.

17.34.130 - Sign design guidelines.

The following guidelines should be considered in the design of all signs within Lodi. These guidelines are intended to complement other requirements in the previous sections of this chapter:

A. Design Compatibility.

1. Creative Design Encouraged. Signs should make a positive contribution to the general appearance of the street and commercial area in which they are located. A well-designed sign can be a major asset to a building.

2. Proportionate Size and Scale. The scale of signs should be appropriate for the building on which they are placed and the area in which they are located. The size and shape of a sign should be in proportion with the scale of the structure.

3. Integrate Signs with the Building. Signs should not obscure architectural features. Their design should be integrated with the design of the building. A well-designed building facade or storefront is created by the careful coordination of sign and architectural design and over-all color scheme. Signs in multiple tenant buildings should be designed to complement or enhance the other signs in the building.

Figure 3-13 - Design Compatibility

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4. Reduce Sign Impact. Because residential and commercial uses generally exist in close proximity, signs should be designed and located so that they have little or no impact on adjacent residential neighborhoods.

Figure 3-14 - Reduce Sign Impact

5. Sign Placement. Place wall signs to establish facade rhythm, scale and proportion where facade rhythm does not otherwise exist. On buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

Figure 3-15 - Sign Placement

6. Pedestrian-oriented Signs are Encouraged. It is desirable and encouraged to include a pedestrian-oriented sign as one of the permitted signs for a business. Pedestrian-oriented signs are signs that are designed for and directed toward pedestrians so that they can easily and comfortably read the sign as they stand adjacent to the business.

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Figure 3-16 - Pedestrian-Oriented Sign

7. Use Individual Letters. As an alternative to an attached sign, lettering may be painted directly on the building facade. However, signs should not be painted directly over ornamental and architectural features or over brick and stone surfaces of buildings.

B. Color.

1. Select Colors Carefully. Color is one of the most important aspects of visual communication C it can be used to catch the eye or to communicate ideas or feelings. Colors should be selected to contribute to legibility and design integrity. Even the most carefully thought out sign may be unattractive and a poor communicator because of poor color selection. Too many colors used thoughtlessly can confuse and negate the message of a sign.

2. Use Contrasting Colors. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible.

Figure 3-17 - Contrasting Letters and Background

3. Avoid Using too Many Colors. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. Small accents of several colors may make a sign unique and attractive, but the competition of large areas of many different colors often decreases readability.

21

4. Use Complementary Colors. Sign colors should complement the colors used on the structures and the project as a whole.

C. Materials.

1. Sign Materials. The following sign materials are recommended:

a. Wood (carved, sandblasted, etched, and properly sealed, primed and painted, or stained).

b. Metal (formed, etched, cast, engraved, and properly primed and painted or factory-coated to protect against corrosion).

c. High density pre-formed foam or similar material. New materials may be very appropriate if properly designed in a manner consistent with these guidelines, and painted or otherwise finished to compliment the architecture.

d. Custom neon tubing, in the form of graphics or lettering, may be incorporated into several allowed sign types.

2. Compatibility of Materials. Sign materials should be compatible with the design of the face of the facade where they are placed. The selected materials should contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections.

3. Appropriate Materials. Paper and cloth signs are not suitable for exterior use (except on awnings) because they deteriorate quickly. Paper and cloth signs are appropriate for interior temporary use only. The use of interior signs on paper or cloth should be the result of careful thinking about readability and the image of the business.

D. Sign Legibility. An effective sign should do more than attract attention, it should communicate a message. Usually, this is a question of the readability of words and phrases. The most significant influence on legibility is lettering.

1. Pedestrian-oriented Signs. Make signs smaller if they are oriented to pedestrians. The pedestrian-oriented sign is usually read from a distance of fifteen to twenty feet; the vehicle-oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign need be. See Table 3-3.

TABLE 3‐3

Lettering Size for Pedestrian‐oriented Signs

Minimum Character Size (inches) Intended Reading Distance (feet)

3.5 60

4.0 70

4.5 80

5.0 90

5.5 to 6.0 100

22

2. Use a Brief Message. A brief message should be used whenever possible. The fewer the words, the more effective the sign. A sign with a brief, succinct message is easier to read and looks more attractive. Evaluate each word. If the word does not contribute directly to the basic message of the sign, it detracts from it and probably should be deleted.

3. Space Letters and Words Carefully. Letters and words should not be spaced too closely. Crowding of letters, words or lines will make any sign more difficult to read. Conversely, over-spacing these elements causes the viewer to read each item individually, again obscuring the message. As a general rule, letters should not occupy more than seventy-five percent of sign panel area.

4. Use Symbols and Logos. Symbols and logos can be used in place of words wherever appropriate. Pictographic images will usually register more quickly in the viewer's mind than a written message.

Figure 3-18 - Use of Symbols/Logos

Figure 3-19 - Letter Spacing

5. Limit the Number of Letter Styles. The number of lettering styles should be limited in order to increase legibility. A general rule to follow is to limit the number of different letter types to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign's ability to communicate.

23

E. Sign Illumination. The possible illumination of a sign should be carefully considered. Like color, illumination can provide more effective visual communication, or can confuse the message. Imaginative and innovative lighting techniques for signs are encouraged.

1. Use Illumination Only if Necessary. Consider if the sign needs to be lighted at all. Lights in the window display may be sufficient to identify the business. This is particularly true if good window graphics are used. Often, nearby street lights provide ample illumination of a sign after dark.

Figure 3-20 - Use of Existing Illumination

2. Use a Direct Light Source. If the sign can be illuminated by a direct source of light (e.g., spotlight), this is usually the best arrangement because the sign will appear to be better integrated with the building's architecture. Light fixtures supported in front of the structure cast light on the sign and generally a portion of the face of the structure as well. Direct lighting emphasizes the continuity of the structure's surface, and signs become an integral part of the facade. Direct lighting is also appropriate because it produces a more intimate ambiance on the street. The lighting of signs should be considered as an element in a building's overall lighting design.

3. Shield the Light Source. Whenever direct lighting fixtures are used (fluorescent or incandescent), care should be taken to properly shield the light source to prevent glare from spilling over into residential areas and any public right-of-way. Signs should be lighted only to the minimum level required for nighttime readability.

Figure 3-21 - Shielded Light Source

24

4. Back-lighted Signs. Back-lighted, solid letters are encouraged. Signs consisting of opaque individually cut letters mounted directly on a structure (push-through letters) can often use a distinctive element of the structure's facade as a backdrop, thereby providing a better integration of the sign with the structure.

Figure 3-22 - Back-Lighted Signs

SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).

Approved this___day of_______, 2016 MARK CHANDLER ATTEST: Mayor JENNIFER M. FERRAIOLO City Clerk

25

State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. ____ was introduced at a regular meeting of the City Council of the City of Lodi held June 15, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held ___________, 2016, by the following vote:

AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS –

I further certify that Ordinance No. ____ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney

1

ORDINANCE NO. ____

AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 “PUBLIC PEACE, MORALS AND WELFARE” BY REPEALING

CHAPTER 9.19 – POLITICAL SIGN REGULATIONS” IN ITS ENTIRETY

=================================================================== BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 9.19 “Political Sign Regulations” is hereby repealed in its entirety. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).


2

State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that uncodified Ordinance No. ____ was introduced at a regular meeting of the City Council of the City of Lodi held June 15, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held ___________, 2016, by the following vote:


I further certify that uncodified Ordinance No. ____ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney

ORDINANCE NO. ____

AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER

10.44 “STOPPING, STANDING AND PARKING” BY REPEALING AND REENACTING SECTION

10.44.040 – “PARKING FOR CERTAIN PURPOSES PROHIBITED—DISPLAY OF “FOR SALE” SIGNS ON

VEHICLES, VESSELS OR TRAILERS—RESTRICTIONS IN ITS ENTIRETY

======================================================================== BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 10.44 “Stopping, Standing and Parking” is hereby amended by repealing and reenacting Chapter 10.44.040 “Parking for Certain Purposes Prohibited—Display of “For Sale” Signs on Vehicles, Vessels or Trailers—Restrictions in its entirety, and shall read as follows: 10.44.040 Parking any Vehicle, Vessel or Trailer for Purpose of Sale for certain purposes Prohibited—Display of "For Sale" signs on vehicles, vessels or trailers—Restrictions. The city council finds and declares that the display of vehicles vessels or trailers for sale on public streets, right-of-ways, and public property causes a hazardous distraction for drivers and pedestrians and is therefore a nuisance. A. It is unlawful to park upon any public street, right-of-way or public property any vehicle, vessel or trailer displaying a sign advertising such vehicle, vessel or trailer for the principal purpose of displaying such vehicle, vessel or trailer for sale . The provisions of this subsection shall not apply to vehicles parked for sale at the residence of the owner of said vehicle and the public streets immediately adjacent thereto. A vehicle parked for sale shall not display a sign exceeding one square foot in size, or display more than one such sign, or attach to or otherwise affix to such vehicle, vessel or trailer any other sign, banner, pennant, balloon or other device, intended to call attention to the fact that such vehicle, vessel or trailer is offered for sale. B. It is unlawful for any person or firm to have parked contemporaneously on the public streets or rights-of-way anywhere within the city, three or more vehicles, vessels or trailers. displaying a sign or signs indicating or advertising such vehicle, vessel or trailer for sale, irrespective of the proximity of such vehicles, vessels or trailers. for the principal purpose of displaying such vehicles, vessels or trailers for sale. C. Notwithstanding subsection A of this section, it is unlawful to park upon any public street, right-of-way or public place within two hundred feet of any signalized intersection or all-way stop controlled intersection or within seventy-five feet of any other intersection, any vehicle, vessel or trailer for sale. The city council finds and declares that vehicles, vessels or trailers parked within the stated distances of an intersection, and displaying such signs, constitute a traffic hazard by distracting the attention of passing motorists and pedestrians away from other traffic moving through and about such intersections.

D. It is unlawful for any person or firm, upon property belonging to another, to park or display within thirty feet of the adjacent public street or right-of-way as measured from the rear edge of the curb, gutter or sidewalk, or from the edge of the pavement if no curb, gutter or sidewalk exists, any vehicle, vessel or trailer displaying a sign or signs advertising it for sale, without first obtaining the express consent of the owner or person having control of such property. This section shall not apply to any private property appropriately zoned and licensed for the sale, repair, or storage of such vehicles, vessels or trailers.

E. It is unlawful upon any public street, right-of-way or public property to park any vehicle,

vessel or trailer for the purpose of painting, greasing, or repairing such vehicle, vessel or trailer except for emergency repairs.

F. It is unlawful to park any vehicle, vessel or trailer upon any public street or right-of-way for

the purpose of washing or polishing such vehicle, vessel or trailer or any part thereof when a charge is made for such service.

SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).


State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. ____ was introduced at a regular meeting of the City Council of the City of Lodi held June 15, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held ___________, 2016, by the following vote:


I further certify that Ordinance No. ____ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney

Pleus e immediutely conlirm receiptthis

a

3 3 3-6702o c


LODI, CALIFORNTA 95241-I9IO

ADVERTISING TRUCTIONS

PUBLIC HEARING TO INTRODUCE AN ORDINANCE REPEALING ANDRE.ENACTING LODI MUNICIPAL CODE CHAPTER 17.34. SIGNS - IN

ITS ENTIRETY; INTRODUCE AN ORDINANCE REPEALING LODIMUNICIPAL CODE CHAPTER 9.I9 - POLITICAL SIGN REGULATIONS -lN ITS ENTIRETY; AND INTRODUCE AN ORDINANCE REPEALING ANDRE.ENACTING LODI MUNIC¡PAL CODE SECTION 1O.44.O4O, "PARKINGFOR CERTAIN PURPOSES PROHIBITED - DISPLAY OF 'FOR SALE'SIGNS ON VEHICLES, VESSELS OR TRAILERS - RESTRICTIONS,'' IN

ITS ENTIRETY

PUBLISH DATE: SATURDAY, JUNE 4,2016

SUBJECT:

LEGAL AD

TEAR SHEETS WANTED: One (1) please

SEND AFFIDAVIT AND BILL TO:LNS ACGT. #O5lOO52

DATED: THURSDAY, JUNE 2,2016

JENNIFER M. FERRAIOLO, CITY CLERKCity of LodiP.O. Box 3006Lodi, CA 95241-1910


ORDERED BY:



forms\advins.doc

to FileVerify Appearance of this Legal in the Newspaper - Co

? ßate\ (þaqes)

PMF (initials)Emailed to the Sentinel at [email protected] at on

LNS Phoned to confirm of all at

DECLARATIO OF POSTING

PUBLIC HEARING TO INTRODUCE AN ORDINANCE REPEALINGAND RE.ENACTING LOD¡ MUNICIPAL CODE CHAPTER 17.34-

SIGNS - lN ITS ENTIRETY; INTRODUCE AN ORDINANCEREPEALING LODI MUNICIPAL CODE CHAPTER 9.I9 - POLITICAL

SIGN REGULATIONS - lN ITS ENTIRETY; AND INTRODUCE ANORDINANCE REPEALING AND RE-ENACTING LODI MUNICIPAL

CODE SEGT¡ON 1O.44.O4O, "PARKING FOR CERTAIN PURPOSESPROHIBITED - DISPLAY OF 'FOR SALE' SIGNS ON VEHICLES,

VESSELS OR TRAILERS,'' IN ITS ENTIRETY

On Thursday, June 2,2016, in the City of Lodi, San Joaquin County, California, a Noticeof Public Hearing to introduce an ordinance repealing and re-enacting Lodi MunicipalCode Chapter 17.34 - Signs - in its entirety; introduce an ordinance repealing Lodi

Municipal Code Chapter 9.19 - Political Sign Regulations - in its entirety; and introducean ordinance repealing and re-enacting Lodi Municipal Code Section 10.44.040,"Parking for Certain Purposes Prohibited - Display of 'For Sale' Signs on Vehicles,Vessels or Trailers," in its entirety (attached and marked as Exhibit A), was posted at thefollowing locations:



Executed on June 2,2016, at Lodi, California.

ORDERED BY:

JENNIFER M. FERRAIOLOCITY GLERK



N :\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST. DOC




Jennifer M. FerraioloCitY Clerk

Telephone: (209) 333-6702

NOTICE OF PUBLIC HEARING

June 15,2016

7:00 p.m.

Date:

Time:

EXh{IßIT A

NOTIGE OF PUBLIC HEARING

NOTICE lS HEREBY GIVEN that on Wednesday, June 15, 2016, at the hour of7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will

conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider

the following item:

a) lntroduce an ord¡nance repealing and re-enacting LodiMunicipal code Ghapter 17.34 Signs in its entirety;introduce an ord¡nance repealing Lodi Municipal Code Chapterg.1g - Political Sign Regulations - in its entirety; and introducean ordinance repealing and re-enacting Lodi Municipal Gode

Section 10,44.040, 'oParking for Certain Purposes Prohibited -Display of 'For Sale' Signs on Vehicles, Vessels or Trailers," inits entirety.

lnformation regarding this item may be obtained in the City Attorney's Office,

221 West Pine Street, Lodi, (209) 333-6711. All interested persons are invited topresent their views and comments on this matter. Written statements may be filed with

it'''" City Clerk, City Hall, 221 West Pine Street, 2ndFloor, Lodi, 95240, at any time prior

to the hearing scheduled herein, and oral statements may be made at said hearing.

lf you challenge the subject matter in court, you may be limited to raising only those

issues you or someone else raised at the public hearing described in this notice or inwritten correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to

the close of the public hearing.

By Order of the Lodi City Council:

Tn ú"^,x%nifer erraioloClerk

Dated: June 1,2016

Ap to form

Citych

CLERI(PUBHEAR\NOTICES\NOT-SignOrd.doc 5/31/16

AGENDA ITEM I-01


K:\WP\TRAFFIC\CCDowntownParkingPermit.doc 6/8/16


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AGENDA TITLE: Adopt Resolution Amending Traffic Resolution No. 97-148, Section 6, “Permit Parking,” to Increase Zone B Permit Fee from $15 to $54 per Quarter, Modify the Overtime Parking Fine from a Flat Fee of $45 to $45 for First Violation and an Additional $45 for Subsequent Violations, and Increase Fines for Miscellaneous Violations



RECOMMENDED ACTION: Adopt resolution amending Traffic Resolution No. 97-148, Section 6, “Permit Parking,” to increase Zone B permit fee from $15 to $54 per quarter, modify the overtime parking fine from a

flat fee of $45 to $45 for first violation and an additional $45 for subsequent violations, and increase fines for miscellaneous violations.

BACKGROUND INFORMATION: At the January 5, 2016 Shirtsleeve meeting, staff presented information regarding the utilization of various downtown parking areas and provided recommendations in recovering the cost of maintaining the parking lots.

Downtown public parking lots experience heavy usage causing wear and tear on the parking lot pavement structure. At the January 5, 2016 Shirtsleeve meeting, staff recommended increasing the permit parking fee to recover downtown public parking lot reconstruction and maintenance costs. City Council directed staff to increase the permit parking fee from $15 to $54 per quarter. Staff estimates the increase will generate $520,000 over a 20-year period to supplement parking lot reconstruction costs based on a 20-year life cycle.

Staff received comments from various sources that many overtime parking violators, once cited, leave their vehicles in the parking stall for the remainder of the day. This provides an attractive option since violators currently receive a $45 citation for the entire day regardless of how long the violator is parked in the stall. At the January 5, 2016 Shirtsleeve meeting, staff recommended modifying the parking violation fine structure to discourage this practice. City Council directed staff to amend the overtime parking fine from a $45 flat fee to $45 for the first violation and an additional $45 for subsequent violations. A $90 maximum per day fine would apply to all day violators.

Staff recommends amending Traffic Resolution No. 97-148, Section 6, “Permit Parking”, Part B, by increasing Zone B parking permit fee from $15 to $54 per quarter. Staff also recommends approval of the overtime parking fine amendment, and amending the parking citation as outlined in Exhibit A.

During the August 21, 2013 Council meeting, City Council adopted the resolution approving the $45 fine for the parking fine schedule. The following four violations (1) Parking on School Grounds, (2) Unattended Vehicle Running or Parking Brake not Set, (3) Parked within 7 Feet of Railroad Tracks,

jferraiolo

Highlight

Adopt Resolution Amending Traffic Resolution No. 97-148, Section 6, “Permit Parking,” to Increase Zone B Permit Fee from $15 to $54 per Quarter, Modify the Overtime Parking Fine from a Flat Fee of $45 to $45 for First Violation and an Additional $45 for Multiple Violations, and Increase Fines for Miscellaneous Violations June 15, 2016 Page 2

K:\WP\TRAFFIC\CCDowntownParkingPermit.doc 6/8/16

and (4) Posted Property without Permission were not included in the resolution and fine schedule. Police Department staff recommends approving a $45 fine for the four violations noted above and listed in Exhibit A. FISCAL IMPACT: Revenue associated with the increased fines and permit fees will be

directed to the General Fund. It is estimated the proposed Zone B permit fee of $54 per quarter will generate approximately $26,000 annually towards reconstructing the downtown public parking lots.

FUNDING AVAILABLE: Not applicable. ______________________ ____________________________ Tod Patterson Charles E. Swimley, Jr. Police Chief Public Works Director Prepared by Dorothy Kam, Assistant Traffic Engineer CES/DK/tdb Attachment cc: Interim City Engineer/Deputy Public Works Director

Transportation Manager/Senior Traffic Engineer Police Chief Parking Enforcement Officers Finance Director Financial Service Manager

EXHIBIT A

LMC SECTION OFFENSE

CURRENT

FINE

PROPOSED

FINE

10.44.010 B Overtime Parking 30 min. ‐ 90 min. ‐ 3 hr (First Violation) 45.00$ 45.00$

*10.44.010 B Overtime Parking 30 min. ‐ 90 min. ‐ 3 hr (Second Violation ‐ $90 Max All Day) N/A 45.00$

9.08.150 Posted Property without Permission 25.00$ 45.00$

CVC SECTION OFFENSE

21113 A Parking on School Grounds 23.00$ 45.00$

22515 Unattended Vehicle Running or Parking Brake not Set 27.00$ 45.00$

22521 Parked within 7 Feet of Railroad Tracks 27.00$ 45.00$

Note:

* new citation item

Bold lettering is the proposed changes

Parking Citation Amendment


A RESOLUTION OF THE LODI CITY COUNCIL AMENDING TRAFFIC RESOLUTION NO. 97-148, TO INCREASE ZONE B

PERMIT FEE FROM $15 TO $54 PER QUARTER, MODIFY THE OVERTIME PARKING FINE FROM A FLAT FEE OF $45 TO $45

FOR FIRST VIOLATION AND AN ADDITIONAL $45 FOR SUBSEQUENT VIOLATIONS, AND INCREASE FINES FOR

MISCELLANEOUS VIOLATIONS ===================================================================

WHEREAS, downtown public parking lots have experienced heavy usage over

the past 20 years, causing excessive wear and tear on the parking lots; and

WHEREAS, during the January 5, 2016 Shirtsleeve session, City Council directed staff to increase the permit parking fee from $15 to $54 per quarter to recapture the parking lot reconstruction and maintenance costs; and WHEREAS, it was also brought to staff’s attention that many overtime parking violators leave their vehicles in a parking stall for the remainder of the day once cited; and WHEREAS, City Council directed staff to amend the overtime parking fine from a $45 flat fee to $45 for the first violation, and an additional $45 for subsequent violations, with a $90 maximum fine per day per location applying to all violators; and

WHEREAS, staff recommends amending Traffic Resolution No. 97-148, Section

6, “Permit Parking”, Part B, by increasing Zone B parking permit fee from $15 to $54 per quarter, approval of the overtime parking fine amendment, and amending the parking citation; and

WHEREAS, during August 21, 2013 Council meeting, City Council adopted the

resolution approving the $45 fine for the parking fine schedule. Unfortunately, four miscelaneous violations (1) Parking on School Grounds, (2) Unattended Vehicle Running or Parking Brake not Set, (3) Parked within 7 Feet of Railroad Tracks, and (4) Posted Property without Permission were not included in the resolution and the fine schedule was not revised; and

WHEREAS, Police Department staff recommends approving a $45 fine for the

four violations. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby

amend Traffic Resolution No. 97-148, to increase Zone B permit fee from $15 to $54 per quarter, hereby modifies the overtime parking fine from a flat fee of $45 to $45 for first violation, and an additional $45 for subsequent violations with a $90 maximum fine per day per location, applying to all violators; and

BE IT FURTHER RESOLVED that the Lodi City Council does hereby approve a

$45 fine for the following miscellaneous violations: (1) Parking on School Grounds, (2) Unattended Vehicle Running or Parking Brake not Set, (3) Parked within 7 Feet of

Railroad Tracks, and (4) Posted Property without Permission; outlined on Exhibit A attached hereto and made a part of this Resolution.

Dated: June 15, 2016 ===================================================================


2016-____

EXHIBIT A

LMC SECTION OFFENSE

CURRENT

FINE

PROPOSED

FINE

10.44.010 B Overtime Parking 30 min. ‐ 90 min. ‐ 3 hr (First Violation) 45.00$ 45.00$

*10.44.010 B Overtime Parking 30 min. ‐ 90 min. ‐ 3 hr (Second Violation ‐ $90 Max All Day) N/A 45.00$

9.08.150 Posted Property without Permission 25.00$ 45.00$

CVC SECTION OFFENSE

21113 A Parking on School Grounds 23.00$ 45.00$

22515 Unattended Vehicle Running or Parking Brake not Set 27.00$ 45.00$

22521 Parked within 7 Feet of Railroad Tracks 27.00$ 45.00$

Note:

* new citation item

Bold lettering is the proposed changes

Parking Citation Amendment

AGENDA ITEM I-02

APPROVED: ____________________________________ Stephen Schwabauer, City Manager


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AGENDA TITLE: Receive Electric Utility Strategic Planning Customer Survey Report by GreatBlue Research, Inc.



RECOMMENDED ACTION: Receive Electric Utility Strategic Planning Customer Survey Report by GreatBlue Research, Inc.

BACKGROUND INFORMATION: In December 2015, the City Council adopted a resolution authorizing the City Manager to execute an agreement for Electric Utility strategic planning and facilitation with Hometown Connections International, LLC.

The first phase of this effort was the customer engagement portion performed by Hometown’s market research partner, GreatBlue Research, Inc. It has more than 35 years of experience in diverse markets and has conducted thousands of research studies. GreatBlue’s core competencies leverage both quantitative and qualitative research methodologies. The data produced is statistically reliable with thoughtful, concise insight into how the findings answer the study objectives. GreatBlue utilizes data analytics software that is integrated into its computer-aided interview platform ensuring quality, high-end data analysis.

The goal for the Electric Utility’s (EU) customer research effort was to gain an understanding of the current satisfaction levels for both residential and commercial/industrial customers in order to help strategically guide the improvement of the EU, its product and service offerings. The methodology used included customer focus groups and telephonic surveys. The purpose of the focus group meetings was to facilitate discussions within each group to determine which issues warranted addressing in the telephone surveys. These surveys allow for a deeper dive, along with the ability to uncover more comprehensive feedback while the individual is engaged and communicating. Respondents have the opportunity to interact anonymously with the researcher conducting the telephone interview and the ability to provide their feedback immediately.

On March 24, 2016, GreatBlue held two 90-minute customer focus group sessions; one for commercial customers and the other for residential customers. Staff then reviewed the transcripts and worked with GreatBlue to develop the subject matter used in the phone surveys. After completion of the telephonic interviews GreatBlue analyzed the data, and identified key findings, trends, deriving insights, and actionable recommendations.

GreatBlue has incorporated the results of the focus groups as well as the telephone surveys and is prepared to present their findings to the City Council.

jferraiolo

Highlight

Receive Electric Utility Strategic Planning Customer Survey Report by GreatBlue Research, Inc. June 15, 2016 Page 2 of 2 FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. _______________________________ Elizabeth A. Kirkley Electric Utility Director

Customer Satisfaction Study City Council Meeting

15 June 2016Report of Findings

SECTION ONE About GreatBlue

SECTION TWO Project Overview

SECTION THREE Key Study Findings

SECTION FOUR Considerations

EXHIBITS Aggregate Data (Provided Separately)

Table of Contents

Slide /GreatBlue Research, Inc. 4

Evidence-based research across diverse industriesOur experience in instrument design affords our clients actionable analytics to help them identify, address, and improve offerings to, and the way they communicate with, their key constituents.

With more than 35 years of experience in diverse markets, our consultative approach ensures our data can be the basis to make important business decisions.

Cross-functional engagement teams ensure a complete view of the issues and solutions.

Slide /GreatBlue Research, Inc.

Expertise in a diverse set of research methodologies

5

Having conducted millions of surveys and thousands of focus groups over the past 30+ years, our experience in instrument design, data collection and the presentation of those findings in manageable, actionable ways allows us to serve our clients across the spectrum of research studies.

Telephone Interviews In-house, multi-lingual

interviewing capabilities

Digital Surveys Web + mobile-based

survey programs

Focus Groups State-of-the-Art

facilities in CT and MA

In-Depth Interviews Trained researchers allow us to

dive deep in a 1:1 setting


Solutions that focus on strategic and operational needs of clients

6

Whether direct to clients or through their agencies, we apply our core research methodologies, often applying a mixed methodology to ensure a study that captures both quantitative and qualitative information, to ensure our solutions exceed client expectations.

Awareness/Perception Market Feasibility

MarComm Reg Compliance

Efficiency Customer Satisfaction






Table of Contents


Project Overview

8

๏ GreatBlue was commissioned by Lodi Electric Utility (hereinafter “Lodi Electric” or “LEU”) to conduct comprehensive research among a cross-section of customers to gain a deeper understanding into their perceptions of the utility and satisfaction with the services provided.

๏ The primary goal of this research study was to assess the effectiveness of Lodi’s ability to serve its customers, identify areas for improvement, and isolate areas that may increase engagement.

๏ In order to service this research goal, GreatBlue conducted telephone surveys among a random sampling of Lodi’s residential customers. Focus groups were also conducted among a select number of residential and business customers to inform the subject matter of the survey and, where applicable, aid in elaborating on survey findings.

๏ The outcome of this research will enable Lodi personnel to a) more clearly understand, and ultimately set, customer expectations, b) act on near term opportunities for improvement and, c) create a strategic roadmap to increase customer satisfaction.

Areas of Investigation

The Lodi Electric Utility Customer Satisfaction Study leveraged a multi-mode research methodology to address the following areas of investigation:

๏ Perception of local utilities and area organizations

๏ Rating Lodi’s organizational characteristics

๏ Satisfaction with customer service and/or field personnel

๏ Preferred methods of communication

๏ Interest in services and products offered by Lodi

๏ Interest in Lodi having a renewable energy portfolio

๏ Demographic profile of respondents


Research Methodology Snapshot

Methodology

Telephone

Target

Residential

No. of Completes

800

Quality Assurance

Dual-level**

No. of Questions

67*

Margin of Error

3.4%

Time Compensation

None

Confidence Level

95%

Sample

Customer list

Research Dates

Apr 20 - May 9

* This represents the total possible number of questions; not all respondents will answer all questions based on skip patterns and other instrument bias. ** Supervisory personnel in addition to computer-aided interviewing platform ensure the integrity of the data is accurate.


Survey Respondent Snapshot

Refused 5.6%

Post graduate 9.5%

4 year college grad 30.5%

2 year college 28.1%

High school, GED 26.3%

Education

(65+) 20.0%

(55-64) 19.4%

(45-54) 13.8%

(35-44) 15.8%

(18-34) 26.1%

Age

Refused 5.0%

Female49.5%

Male50.5%

Refused 5.0%

Own53.6%

Rent41.4%

Residency

Gender This slide quantifies select data points to provide context for the quantitative research study. The following graphs provide an empirical view into the demographics of the survey respondents.


Research Methodology Snapshot

Methodology

Focus Groups

Target

Customers

Length of Session

~90 minutes

Discussion Moderation

GreatBlue

Sample

Customer List

Research Date

March 24

Participant Criteria

Commercial

Residential

Time Compensation

$75/participant

12


2

4

6

8

10

Less than 10 years 11-20 years 21 years or more Undisclosed

23

2

4

13

This slide quantifies select data points to provide context for the qualitative research study. The following graphs provide an empirical view into the segments and demographics of the participants.

GenderFocus Group Participants: Residential Customers

65

Male FemaleLength of time as customer


2

4

6

8

10

Less than 10 years 11-20 years 21 years or more Undisclosed

1

7

02

14

This slide quantifies select data points to provide context for the qualitative research study. The following graphs provide an empirical view into the segments and demographics of the participants.

Focus Group Participants: Commercial Customers

Length of time as customer

2

8

Male Female

0






Table of Contents


Key Study Findings

16

๏ When compared to other utilities (gas, phone, water, cable, etc.), respondents had a comparatively favorable perception of the service they receive from their electric utility. While the highest frequency of respondents had a favorable perception of their “gas company" (88.0%), it was followed second by their “electric utility” (75.8%). - In addition, 62.8% of residential customers reported that Lodi Electric closely aligns with their perception of an

ideal utility experience.

๏ Lodi Electric was rated satisfactorily by a majority of customers when evaluated on a series of nine (9) organizational characteristics. When “don’t know” responses were removed from the data, the average positive rating among residential customers was 62.7%. The top individual areas rated were “maintaining a modern and reliable infrastructure” (74.5%) and “overall satisfaction with Lodi Electric” (67.0%).

๏ Contact resolution was the primary driver of satisfaction. When contacting Lodi Electric, only 59.4% reported having their issue or concern taken care of on the first contact. - Further, when rating the organization, those respondents who experienced first contact resolution provided an

average positive rating of 72.3% compared to those that did not, who provided an average positive rating of only 22.8%.


Key Study Findings, continued๏ 43.8% of residential customers reported calling or visiting a Lodi Electric office in the last 12 months, and among

those respondents, 71.7% were satisfied with the customer service employee who handled their call or visit.

๏ 6.1% of residential customers reported having a field service representative visit their home in the last 12 months, and among those respondents, 79.6% were satisfied with the field service employee who visited their home.

๏ 69.5% of residential customers reported Lodi Electric meets their expectations either “all” or “most” of the time. - The top three expectations reported among respondents include “affordable prices/lower prices” (38.9%),

“reliability” (25.6%), and “good service” (17.5%).

๏ Lodi Electric’s billing was reported to be “easy to understand” and to “accurately detail the separate charges for electric, water, wastewater, and solid waste charges” by a strong majority of residents (79.8% and 84.6%, respectively). - However, it should be noted that 50.2% of respondents reported Lodi Electric’s rates were “higher than

surrounding towns.”


Key Study Findings, continued๏ In general, residents only provided moderate support for the expansion of solar energy in Lodi Electric’s service

territory. 47.0% of respondents reported Lodi Electric should be “somewhat” or “very” conservative when it comes to efforts to expand solar energy, with 67.6% reporting to be “unwilling to pay anymore” to compensate for those efforts to grow solar. - However, 43.8% of residents were interested in Lodi Electric providing “solar rebates” for those customers

who had the desire to develop solar energy for their individual dwelling.

๏ A vast majority of those residents who experienced an outage in the last 12 months reported to be “satisfied” with the time it took to restore power (81.2%).

๏ “Lodi Electric website” (31.6%) or “internet” (31.1%), in general, were residents’ preferred sources of information.

๏ Finally, customers reported a relatively strong relationship with Lodi Electric, as the utility scored a net positive rating - defined as advocacy+loyalty+satisfaction - of 73.3% among residents. - Further, 68.9% of respondents reported to have “a great deal of trust” or “some trust” in Lodi Electric.


Perceptions of electric utility strong While perceptions of their gas company were highest; electric utilities and, thus, Lodi Electric received comparably positive ratings among other area organizations measured. However, slightly fewer residential customers (62.8%) believed Lodi Electric compared closely to their ideal utility.

25.0%

50.0%

75.0%

100.0%

Internet Provider Cable TV Company Water Company Phone Company Electric Utility Gas Company

88.0%75.8%73.7%73.7%71.5%70.2%

As I read a list of area organizations and companies providing services to you, please rate each on the quality of their overall customer service. (w/o “Don’t Know” responses)

Q

62.8% of residents report Lodi

compares closely to their ideal utility


Lodi’s service + staff drive ratingsCustomers provided an average positive rating of 62.7% regarding Lodi Electric’s organizational characteristics. While lack of awareness drove some lower ratings, the perception that Lodi Electric “helps customers conserve electricity” (56.0%) and “provides good service and value for the cost of electricity” (53.6%) received the lowest ratings. Furthermore, only 52.1% of customers believed the rates they pay for electricity are “reasonable.” However, most customers expressed interest in rebates that may help them conserve electricity.

Item: Organizational Characteristics 2016 w/ “Don’t Knows”

2016 w/o “Don’t Knows”

Maintaining modern and reliable infrastructure 59.4 74.5

Overall satisfaction with Lodi Electric 65.9 67.0

Helpful and knowledgeable staff 51.0 66.0

Responding promptly to customers questions and complaints 50.3 64.9

Communicating with customers 56.1 64.2

Being open and honest about company operations and policies 46.3 59.0

Community involvement 32.3 58.9

Helping customers conserve electricity 44.8 56.0

Providing good service and value for the cost of electricity 50.6 53.6

Average positive ratings 50.7 62.7

52.1% of customers believe the

rates they pay for electricity are “reasonable”

60.7% of customers were

interested in Lodi providing “rebates for energy efficient

appliances”


25.0%

50.0%

75.0%

100.0%

Takes care of things first time Must have repeated contact Varies/DK

11.7%

28.9%

59.4%

Residential (N=350)

21

Generally, when you contact Lodi Electric, are things taken care of to your satisfaction the first time, or must you have repeated contact with them?QLow rate of first

contact resolutionIn general, Lodi Electric tends to resolve 3 out of 5 issues on the first contact for residential needs; however, 28.9% of respondents reported requiring multiple contacts to have their issues resolved.

Contact resolution has a strong correlation with overall satisfaction. More than 7 out of 10 customers who had to have repeated contact were dissatisfied

with the Lodi Electric.

75.6% of customers


Contact resolution improves ratingsInterestingly, customers who had their issues resolved with first contact consistently provided a higher frequency of positive ratings for the organization. Those who required multiple contacts to resolve issues provided significantly lower scores for each of the utility’s characteristics. The lowest scores recorded were, understandably, “communicating with customers” (18.3%) and “being open and honest about company operations and policies” (13.6%).

Item: Organizational Characteristics 2016 Residential w/o “Don’t Knows”

First-contact resolution

Multiple-contact resolution

Maintaining modern and reliable infrastructure 74.5 84.4 37.1

Overall satisfaction with Lodi Electric 67.0 75.2 24.4

Helpful and knowledgeable staff 66.0 80.5 22.7

Responding promptly to customers questions and complaints 64.9 73.9 23.4

Communicating with customers 64.2 72.8 18.3

Being open and honest about company operations and policies 59.0 67.2 13.6

Community involvement 58.9 73.8 19.0

Helping customers conserve electricity 56.0 59.2 23.1

Providing good service and value for the cost of electricity 53.6 63.5 23.7

Average positive ratings 62.7 72.3 22.8


25.0%

50.0%

75.0%

100.0%

Very satisfied Somewhat satisfied Somewhat dissatisfied Very dissatisfied

19.4%7.7%

22.3%

49.4%

Residential (N=350)

23

Residential customers reported contacting Lodi Electric’s office personnel primarily for procedural items such as paying bills or initiating/terminating service. However, a segment of customers contacted LEU regarding a “high bill/bill error” (19.1%). While 71.7% of customers were satisfied with the interaction, LEU’s ability to resolve these contacts with a stronger rapport and willingness to assist can help mitigate reasons for dissatisfaction that are beyond control, such as long wait times.

Satisfied with office personnel

How satisfied were you with the service provided by the Lodi Electric employee?Q

71.7%

39.4% Make a payment

21.7% Start/stop services

19.1% High bill/bill error

Top Reasons for Contact

28.4% Rude/unfriendly

20.0% Unhelpful/lack of

understanding

16.8% Long wait

Top Reasons for Dissatisfaction

7.7%


Customer service can standardize

24

๏ Detailed findings from the focus groups support a sense of inconsistency in terms of customer service. This may be indicative of the low rate of first contact resolution. While customers acknowledged the quantity of inquiries that CSRs deal with on a daily basis, a standard experience was lacking for both the residential and commercial focus groups.

- “The purpose of the visit was to pay a bill and since then I have gone to online bill payment because they just ruin your day. They have no empathy.” - Resident

- “It’s very interesting because depending on the reason you’re there the same exact people will give you different customer service.” - Resident

- “They need to be reminded that, for them, we’re number 300 but for us it’s the only time we’re having that interaction. They may have heard this problem 300 times; we are saying it for the first time from our perspective. They need to remain compassionate and understand that we are one individual case; we are not number 300 even though we are 300.” - Resident

- “They’ve got their script and they can’t deviate from the script.” - Resident

- “If you think about it the first day you start a job you are so overwhelmed and they are training you to do something and you can’t possibly remember everything in training and you don’t even know if it’s going to apply to you until after the fact later on down the road when you’ve completely forgotten what to do.” - Resident

- “I do know that with Lodi Electric their customer service is very poor. Their CSR’s are not trained well enough to handle the high quantity of people that walk in both residential and commercial.” - Business

Note: Copy in blue italics are quotes transcribed verbatim from focus group sessions.


25.0%

50.0%

75.0%

100.0%

Very satisfied Somewhat satisfied Somewhat dissatisfied Very dissatisfied

10.2%6.1%14.3%

65.3%

Residential (N=49)

25

Residential customers reported slightly higher ratings of satisfaction with the field personnel (79.6%) than with office personnel. The top reasons respondents required a field visit included “meter reading,” “service problems,” and “installing service.”

Satisfaction higher with field personnel

How satisfied were you with the service provided by the Lodi Electric employee?

Q79.6%

20.4% Meter reading

18.4% Service problem

16.3% Install service

Top Reasons for Visit

6.1%


25.0%

50.0%

75.0%

100.0%

Affordable prices/lower prices Reliability Good service

17.5%25.6%

38.9%

Residential

Expectations consistent among all

26

Residential and commercial customers were generally in agreement about their top expectations of Lodi Electric. “Affordable prices/lower prices,” “reliability,” and “good service” or “customer service,” were the common themes that drive a good experience working with LEU, which was reiterated by business customers in the focus groups. In addition, 69.5% of residential customers reported Lodi Electric met their expectations of the utility either “all” or “most” of the time.

What are your top three expectations of Lodi Electric?Q 69.5%

of residential customers report Lodi meets their

expectations “all” or “most” of the time

- “I think price stability is a big one for us; knowing what we’re going to pay month to month and keeping that stable. When you annualize it out over 12, 18, 24 months it’s pretty steady but the month to month swings are very concerning.” - Business

- “Reliability, knowing that you have your electricity every day when you come in and turn the switch on it’s going to work, cost of what your utility is and customer service. If you ever have a problem you’ll know that they will be there for you.” - Business

- “I think reliability is number one, cost probably number two and customer service but as long as the power is on I really don’t need it.” - Business


25.0%

50.0%

75.0%

100.0%

Reliability significantly more important Reliability somewhat more important Rates somewhat more important Rates significantly more important

15.0%

29.4%36.0%

19.6%

Residential

Reliability and rates relatively equal

27

Which of the following statements best describes how you feel about the importance of reliable electric service and rates?Q

As affordable prices and reliability were top expectations of residential and commercial customers in both the survey and focus group findings, it is understandable that customers would believe these aspects are intertwined. As such, while residential customers leaned towards a balance of reliability and rates, a slightly higher frequency of customers placed importance on reliability (55.6%) than rates (44.4%).


Reliability strong, prompt response time

28

๏ Residential customers were appreciative that the reliability of their electric service was consistently a strength of LEU. Focus group participants reflected on past rolling blackouts throughout California in which they were not subject to a loss of power, and recognized the benefit of that service.

- “I think the service itself is pretty good. We don’t get black outs; the power stays on.” - Resident

- “I was living here when we had that big power shortage and the state sent rolling blackouts throughout the state Lodi Electric said not us; we don’t have to do that and they didn’t. That was a plus for the consumer but environmentally negative.” - Resident

๏ Business customers participating in the focus groups cited the same instances of maintaining power while the rest of the State experienced blackouts. In addition, when there were outages due to ancillary problems, commercial customers noted that LEU responds promptly to get their power back up and operating smoothly.

- ”We had a contractor that backed up and knocked our pole down in our back lot and the City was out there in pretty quick time and had it back up. I’ve had really good luck with the City of Lodi.” - Business

- “I will say I like it when California was experiencing rolling blackouts we never did; we have very few problems. We don’t usually have a huge loss in service and when we do they’re back up immediately.” - Business

- “If you have a problem and you call they’re there. They’re really easy.” - Business


Outage restoration satisfactoryVery promisingly, 81.2% of residential customers’ who experienced an outage in the past 12 months were satisfied with the amount of time it took to restore power. In addition, customers indicated strong preferences to enroll in automated, digital communication for outage updates should they become available.

25.0%

50.0%

75.0%

100.0%

Very satisfied Somewhat satisfied Somewhat dissatisfied Very dissatisfied DK

5.5%6.1%7.2%

33.1%

48.1%

Residential (N=181)

How satisfied were you with the outage restoration time?

Q39.3%

Text messaging

34.6% Telephone/ Robo-calls

23.8% Email

Likely to enroll in…

81.2%

7.2% 6.1% 5.5%


25.0%

50.0%

75.0%

100.0%

Advocate Loyal Satisfied Less than Satisfied DK/neutral/no relationship

6.0%20.8%

53.0%

17.4%2.9%

Residential

Positive relationship with Lodi

30

How would you best describe your relationship with Lodi Electric?

Q

6.0%2.9%

Lodi Electric scored a net positive score (advocate + loyal + satisfied customers) of 73.3% in 2016. While a similar percentage of customers reported having “trust” in the utility (68.9%), a segment of customers identified as “less than satisfied” (20.8%) which could jeopardize potential initiatives that require a great deal of trust in Lodi.

68.9% of residential customers

have “a great deal” or “some” trust in Lodi


25.0%

50.0%

75.0%

100.0%

Very aggressive Somewhat aggressive Somewhat conservative Very conservative DK

16.0%26.9%

20.1%21.5%15.5%

Solar growth may be slow, rebates necessary

31

How aggressive would you like Lodi Electric to be in their efforts to expand solar energy throughout their service territory considering that more aggressive measures typically result in a higher cost?

Q

A small segment of residential customers (37.0%) reported an aggressive approach to develop solar energy would be desired if it ultimately incurred a cost. Furthermore, 67.6% of customers were unwilling to pay additional costs to cover the expansion of solar; however, rebates may sway those unsure of their commitment to solar. Commercial customers who participated in the focus group were generally aware of, and had taken advantage of, many of the rebate programs and incentives available to help businesses operate more efficiently.

67.6% of residential customers were

“not willing to pay anymore” to compensate for efforts to

expand solar

43.8% of residential customers were interested in Lodi providing

“solar rebates”

- “We’re a fairly sizeable industrial consumer and in the past several years Lodi Electric has done a good job of being aggressive when it comes to rebates and incentives to keep the cost competitive. - Business

- “There were rebate programs that we capitalized on.” - Business

- “LED, energy efficiency stuff, new hire stuff; we were able to capitalize on all of that.” - Business


Renewable energy demands may grow

32

๏ Residential customers in the focus groups expressed an interest in renewable energy, such as wind or solar, as long as there is a clearly outlined plan for implementing the alternative. In addition, there was a general consensus that the City of Lodi could be trusted to offer alternative energy; there was a general distrust of third-party vendors. Further, both residential and commercial customers saw the perceived return on their investment.

- “I think it needs to be very well outlined. We need baby steps, maybe we’re going to implement this in this part of Lodi which seems to have the highest bills. Because of how old the houses are or because the electrical might be old and wired differently or less efficiently or something of that nature so maybe they are going to implement it and we’re all going to be onboard and maybe be a 3 year plan.” - Resident

- “California already has a bunch of regulations and we’re pushing harder regulations as time goes on so I think it’s in our best interest.” - Resident

- “There are so many third parties and some of them are legitimate, but others are not. The City of Lodi has checks and balances and regulations that it does have to show proof of and such. Those third party suppliers and the third party gas suppliers do not have the same regulations and they kind of own you and it’s hard to take them to court and sue them. Yes and I think everyone agrees that the City of Lodi we can at least put our trust in them.” - Resident

- “Hydroelectric is great and wind turbine is great but they talk about how you have to do this bio gas stuff and that’s not sustainable. I think Lodi Electric should maybe get more involved in solar and not have to buy as much power.” - Business

- “But like everything else we’re all looking at returns right. Returns on our investments so like you were saying; if you have to pay the piper a little bit up front to get it back later.” - Business


37.8% of customers were

thinking about PG&E when comparing

33

Easy to understand bills; discounts less soWhile residential customers generally understood their bills (79.8%) and how the separate charges are delineated (84.6%), fewer customers believed the programs designed to provide energy assistance or discounts were adequate. However, significantly fewer customers were able to provide a rating, indicating there may be a lack of awareness regarding the energy assistance and medical discount programs. Raising awareness of the programs available to assist with bills may assuage the perception that the prices they pay are “higher than surrounding towns,” especially in comparison to PG&E.

Statement… 2016 w/ DK

2016 w/o DK

Lodi Electric bills are easy to understand 77.4 79.8

Lodi Electric bills accurately detail the separate charges for electric, water, wastewater, and solid waste charges 80.4 84.6

Lodi Electric has adequate energy assistance programs to help low and/or fixed income customers with bills 27.2 66.6

Lodi Electric has an adequate medical discount program 15.6 64.8

50.2% believe the prices they

currently pay for electric service are “higher than

surrounding towns”


Communications align with preferencesResidential customers’ current means of receiving information from Lodi aligned with their communication preferences, with a tendency to prefer the company’s website. However, focus group participants were in nearly full agreement that the LEU website had caused issues for them in the past, especially in regards to navigation and ease of finding information.

Item: Communication Methods 2016 Current

2016 Preferred

Lodi Electric website 32.3 31.6

Internet 30.4 31.1

Bill inserts 26.0 24.4

57.8% provided a positive rating for “ease of finding information”

on LodiElectric.com

60.5% provided a positive rating

for “quality of information” on LodiElectric.com

- “Going out to the website is not exactly easy; I don’t even know what website to go to.” - Resident

- “I pay my bills online also. I find the City of Lodi’s website very customer unfriendly; user unfriendly.” - Resident

- “I couldn’t find my bill from this last billing and I never logged in online and the only way you can register is with your account number and your customer number. I would like another alternate way like my social security number or my address.” - Resident

- “PG&E their online billing and being able to go in there and pay a bill and look at my statement was very easy. With Lodi Electric it’s very difficult; I’ve had some problems trying to get into the website and look at my bill.” - Business

- “On the website there is not a lot of information on who to contact and how for what you’re looking for and you then have to call the city.” - Business


Mobile app useful for account informationWhile only 1 out of 3 customers expressed initial interest in downloading a mobile app for Lodi Electric, residential customers reported an interest in accessing information related to their account. Most importantly, the ability to make bill payments was the most desired feature (53.2%) should an app be developed.

53.2% Bill pay

14.6% Usage/monthly

comparisons

6.5% Rates/payment

options

Type of information…

36.1% were interested in

downloading and using a mobile app from Lodi






Table of Contents


Considerations๏ Improve contact resolution. Overwhelmingly, contact resolution was the key driver in satisfaction, or lack

thereof, with Lodi Electric. While technological and infrastructure improvements may be necessary to improve contact resolution in the long run, providing explanations and setting expectations are key stop-gaps to improving customer experience when reaching out to Lodi Electric. CSRs should inform customers of the process in which their issue will be resolved, including additional personnel - such as field reps - that will be required to assist. - One additional option may be improving the self-service offerings contained on Lodi Electric’s website. This

may help reduce incoming call traffic to Lodi’s offices along with providing a preferred option for those customers that favor self-servicing their issues or concerns.

๏ Develop and promote energy efficiency services. While Lodi Electric offers several programs and rebates related to energy efficiency, the residential energy efficiency audit is, currently, the only option that has prominent placement on Lodi Electric’s website homepage. This may be leading to the perception Lodi could be doing more to help customers conserve energy. Rotating services and offerings to list other customer programs on the home page may help Lodi Electric communicate their diverse energy efficiency rebates and services. - Heavy promotion of these rebates and services may also help mitigate the perception of Lodi Electric having

higher rates than surrounding areas.


Considerations

๏ Continue to investigate solar. While initial support for expanding solar energy was moderate, this support and desire may grow in the coming months or years. Additional research, directed towards customers currently using solar energy or in the process of developing solar, may be beneficial to understanding any difficulties or issues that arose during the process of incorporating solar. This may help Lodi Electric proactively correct any procedural issues customers experienced as they attempted to incorporate solar power into their residence, as well as anticipate organizational difficulties such as net metering or load response should the demand rise in the coming years. - This may also provide an opportunity to train Lodi Electric’s CSRs on solar related issues and FAQs, as

customers had a higher level of trust in Lodi Electric compared to third-party solar vendors.

๏ Mobile has merit. There is a moderate initial demand for a Lodi Electric mobile app. Features could include: paperless billing and account details, monthly usage and comparisons, and available rebates/incentives. Many apps are downloaded and underutilized, thus research and user experience testing prior to any development should be prioritized should this be an option Lodi Electric considers. - While Lodi Electric may project out the development of a mobile app for the distant future, improvements to the

website should be mindful of mobile-friendly features to accommodate customers accessing website information via a smart phone on mobile device in lieu of a mobile app.

Dedham, MACromwell, CT /GreatBlueResearch @GBResearch

Michael Vigeant CEO

(860) 740-4000 [email protected]

mailto:[email protected]

AGENDA ITEM I-03

APPROVED: ____________________________________ Stephen Schwabauer, City Manager


TM

AGENDA TITLE: Provide Direction Regarding City Council Representation for Electric Utility Strategic Planning



RECOMMENDED ACTION: Provide direction regarding City Council representation for Electric Utility Strategic Planning.

BACKGROUND INFORMATION: In December 2015, the City Council adopted a resolution authorizing the City Manager to execute an agreement for Electric Utility strategic planning and facilitation with Hometown Connections International, LLC.

The first phase of this effort was a customer engagement service performed by Hometown Connection’s market research partner, GreatBlue Research, Inc. This report will be presented to the City Council on tonight’s agenda. The information in the report will be utilized in the strategic planning process.

The next phase will be an open and transparent process with decisions and priorities shared broadly with staff and the community allowing for participation by all stakeholders. Hometown Connections will provide training and facilitation on how to effectively utilize the strategic planning process with a two-team approach to develop and execute a strategic plan for Lodi’s Electric Utility.

The first team, the Advisory Team, will be comprised of the EU Director, City Manager, and City Council members. This team will be responsible for setting major policy direction, removing road blocks, reviewing and approving the strategic plan throughout the process.

The second team, the Implementation Team, will be comprised of the EU Director and senior EU staff responsible for developing and implementing the strategic plan. The Implementation Team will act in support of the Advisory Team, providing operational, financial and customer service information, as well as other insights as needed for the Advisory Team to act with appropriate and current information.

Staff is seeking direction from the City Council regarding their desire for council representation on the Advisory Team.



_______________________________ Elizabeth A. Kirkley Electric Utility Director

jferraiolo

Highlight

AGENDA ITEM I-04



TM

AGENDA TITLE: Provide Direction Regarding Lodi Electric Utility Customer Advisory Board


PREPARED BY: Business Development Manager

RECOMMENDED ACTION: Provide direction regarding Lodi Electric Utility customer advisory board.

BACKGROUND INFORMATION: At the January 6, 2016 City Council meeting the concept of establishing a customer advisory board for the Electric Utility (EU) was discussed as a possible means of improving transparency and customer service.

Council directed staff to contact other publicly-owned utilities with advisory bodies established with similar intent. Included was an interest in learning about advisory body composition, manner in which they were selected, as well as the amount of staff support time involved and cost. Council directed staff to return with additional details for further consideration.

Following the meeting, staff reached out to several publicly-owned utilities, including those within the Northern California Power Agency and American Public Power Association. While the vast majority of utilities reported they do not use these types of advisory bodies, staff was able to identify five examples of utilities that do. They are diverse in nature, with a variety of organizational structures, and each has its own purpose and membership composition. A summary table is attached.

Alameda Municipal Power Board – Alameda, California

The City of Alameda has established the Alameda Municipal Power (AMP) Board as a separate authority and governing board for the control and management of Alameda’s electric utility; whereas, in Lodi the governing board for the EU is the City Council. The AMP Board establishes goals, approves major purchases, sets strategic direction, and creates the framework for local control of the utility. The AMP Board consists of five commissioners, four of which represent four distinct fields of engineering. They are appointed to the AMP Board by the Mayor with the concurrence of the City Council, in accordance with Alameda’s City Charter. The City Manager also sits on the AMP Board, as an ex officio fifth commissioner. Although considerable staff support is necessary to hold the monthly meetings, they are in lieu of council meetings in terms of governing the utility.

Electric Utility Commission – Austin, Texas

The City of Austin established the Electric Utility Commission (EUC) as an advisory body to review and analyze all policies and procedures of the electric utility, including the electric rate structure, fuel costs and charges, customer services, capital investments, new generation facilities, selection of types of fuel, budget, strategic planning, regulatory compliance, billing procedures, and the transfer of electric utility

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revenues from the utility fund to the general fund. Ten of the EUC’s appointed members are appointed by council members and the 11th at-large member is appointed by the Mayor. Members are not required to be residents but may live within the service areas. Staff support is extensive and includes an assigned staff member from the government relations office as well as the utility staff making presentations at each meeting. Monthly meetings are typically three to four hours in length. Imperial Irrigation District Energy Consumer Advisory Committee – El Centro, California IID’s Energy Consumers Advisory Committee provides advice and recommendations to the IID Board of Directors regarding fiscal, strategic planning, and board policy matters that affect the Energy Department. The committee comprises 20 representatives. In the Imperial Valley, each director is responsible for the selection of two appointees for his or her division—totaling 10 representatives. The Coachella Valley is also represented by 10 members; however, they are nominated by the cities and the county of Riverside. Indio, Coachella and La Quinta are allowed two nominations each, while Palm Desert and Rancho Mirage share a delegate. The unincorporated areas are served by three representatives nominated by the county. After nomination, each representative is then ratified by the IID board. All members must reside within the IID’s electrical service area. IID staff supports the meetings and depending upon the agenda, the staff time involved with preparing and making presentations can be considerable. Monthly meetings are typically one to two hours in length. Naperville Public Utilities Advisory Board – Naperville, Illinois The Board serves in an advisory capacity to the City Council, City Manager and the Public Utilities Director in matters relating to rates, budgets and capital improvements for electric, water and wastewater systems. The Board also reviews plans for facilities expansion and system improvements. Members include one Council Member, and five residents or persons with their primary employment in Naperville. The six-member Board is supported by staff and gathers as needed during their three-year terms; generally every other month. Stockton Water Advisory Group – Stockton, California The Water Advisory Group was formed by the City Council to foster citizen input and transparency in the operations of the Municipal Utilities Department. The Water Advisory Group reports directly to the Council Water Committee and is tasked with advising the Committee on current and future issues impacting water, wastewater, and storm water utilities for the City of Stockton, including the review of the Department of Municipal Utilities monthly Operations and Maintenance Report. Each of the seven members must reside in one of the Stockton Municipal Utilities' three utility service areas. Candidates are nominated by the Mayor and each Council Member then approved by the full Council. The term of service is the same as that of the Council Member. Staff time includes the regular support and/or involvement of up to 15 employees, including the Municipal Utilities Director serving as the Ex-Officio Secretary. Cost to support the Group has ranged from approximately $10,000 to $20,000 per year. FISCAL IMPACT: Unknown at this time. Additional staff time will be required. FUNDING AVAILABLE: Not applicable. _______________________________ Adam Brucker Business Development Manager

UTILITY BOARD EXAMPLES

UTILITY PURPOSE COMPOSITION APPOINTMENT MEETINGS

Alameda Municipal Power Board Alameda, California

Governing board to establish goals, approve

major purchases, set direction, and create the

framework for local control for the utility

5 Commissioners: Civil Engineer, Electrical

Engineer, Mechanical Engineer, Mining

Engineer, Member-at-Large (City Manager)

4 – Mayor appoints w/ City Council concurrence

1 – City Manager

4-year terms

Monthly 3rd Mon 7 p.m.

Electric Utility Commission Austin, Texas

Review and analyze all policies and procedures of

the electric utility

11 Commissioners Residency not required

1 – Mayor 10 – Council

4-year staggered terms

Monthly 3rd Wed 10 a.m.

Energy Consumer Advisory Committee El Centro, California

Provide advice and recommendations to the Board of Directors of the Imperial Irrigation District

20 Representatives: 10 – Imperial Valley

10 – Coachella Valley

Imperial District Director; City Councils; Board of Supervisors; General

Manager

4-year staggered terms

Monthly 1st Monday 6:00 p.m.

Public Utilities Advisory Board Naperville, Illinois

Advisory capacity to the City Council, City Manager

and the Public Utilities Director in matters relating

to rates, budgets and capital improvements for

electric, water and wastewater

1 – Councilmember 5 - residents or persons

with their primary employment in

Naperville

Mayor nominates w/ approval by full Council

3-year terms

As needed 5:00 p.m.

Water Advisory Group Stockton, CA

Foster citizen input and transparency in the

operations of the Municipal Utilities Department

7 - must reside in one of the Stockton Municipal Utilities' three service

areas

Mayor and each City Council Member

nominates w/ approval by full Council

Term coincides with

Council Member nomination

Monthly 1st Wed

3:30 p.m.

Quarterly Council Water

Committee

June 15, 2016 (Regular Meeting)

Documents

Transcript of June 15, 2016 (Regular Meeting)