2.3 It is mutually agreed that the City has the sole right to assign personnel, to establish hours of work and work schedules, to make changes to those schedules, to schedule employees off on compensatory time, and to schedule holidays and vacations, all depending on the "needs of the service". Temporary changes to an employee’s schedule must be noticed at least 48 hours’ in advance of the change.
2.4 The City and the POAL mutually agree that split shifts are very stressful and may cause health problems. Consequently, officers shall not work split shifts except during cases o f an emergency nature. Specifically and for training purposes only, this provision does not apply to the Canine Officer assigned to Graveyard with Thursday s and Friday s off in order to better facilitate training.
2.5 All employees in the classification of Po lice Officer Trainee, Police Officer , and Police Corporal, shall select annually, beginning in January, for at least a one year period, their preferred days off sequence, holidays, and vacation time off on the basis of their seniority and the “needs of service” of the department.
Employees assigned to patrol shall be allowed to pick their days off sequence, shift, beat, holidays, and vacation time off based on their departmental seniority. Police Corporals shall be allowed to pick their days off sequenc e and shift based on their seniority wit hin the rank of Corporal. The selections for beat, holidays, and vacation time off shall be based on their departmental seniority. Departmental seniority shall be defined as the total time in service as a member of the POAL bargaining unit. Should a member of the POAL leave membership for any reason and return to membership within 12 months, seniority shall be calculated as if the member never left the bargaining unit.
K-9 officers assigned to patrol shall pick th eir days off sequence and shift based on the needs of service for the department. The selections for beat, holidays and vacation time off will be based on their departmental seniority.
6 Employees assigned to a special assignment which includes Investiga tions, Traffic, Bicycle Patrol, and School Resource shall pick their days off sequence, vehicle assignment, holidays and vacation time off based on their seniority within their respective unit.
Nothing in this section prevents the department from assignin g personnel based on the needs of service for the department as determined in the sole discretion of the Police Chief.
ARTICLE III - OVERTIME
3.1 Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the City and community. All overtime work requires the prior approval of a supervisor. Overtime is defined as the number of hours worked in excess of the normal weekly schedule of work hours illustrated below:
Work Schedule Overtime
10 hours per day, 4 days per week over ten hours in a day 9 hours per day, 9 days per period over nine hours in a day
On the 9/80 work schedule there is one day employees ’ work an eight (8) hour day. For purposes of overtime eligibility, hours worked in excess of eight (8) hours on this day shall be considered overtime.
3.2 Overtime hours shall be reported and paid at the rate of one and a half times regular pay , or any greater amount as required by law, in quarter hour increments with less than 7.5 minutes rounded down to the next quarter hour increment and over 7 .5 minutes rounded up to the next quarter hour increment.
3.3 In scheduling overtime, the Department shall utilize the following Overtime Call -Out Procedure.
Emergency Overtime Call-Out Procedure
In the c ase of an emergency requiring immediate response of personnel, any employees summoned through personal contact, a message, or a page to work, shall do so promptly.
7 If a reasonable excuse exists that precludes the employee's response, he/she shall advise the supervisor requesting a response. It shall remain the discretion of the supervisor whether or not to require an employee to work Emergency Overtime.
Short Notice Overtime
Any supervisor, upon realizing the need for personnel with less than 24 hours ’ notice, may initiate this procedure. The supervisor will first seek to utilize on duty employees for "hold over" or next shift employees for an "early in." In the event that the use of on duty or early in employees would necessitate these employees to work e xcessively long shifts, the supervisor shall attempt telephone contact with other available employees as set forth below, then utilize on duty employees in another assignment who are capable of performing the work.
Call-Out Procedure
Should an overtime a ssignment remain vacant following the use of the Short Notice Overtime procedure, the supervisor shall begin a call -out of the least senior employee who has had at least one (1) day (twenty-four (24) consecutive hours) off in the last seven (7) days.
Seniority for Short Notice Overtime will not apply and will be “First Come, First Served”. Bypassing of the seniority procedure only applies to Short Notice Overtime.
Scheduled Overtime Sign-Up Lists
The supervisor responsible for scheduling shall post a s ign-up for scheduled overtime.
Generally, the overtime assigned by this procedure is for foreseeable overtime; i.e., training, vacations, injuries, vacancies, special assignments, etc.
The list will remain posted for five (5) days. Employees may sign up f or overtime beginning with the most senior employee. Overtime will be posted in minimum increments of half shifts, i.e., four (4) hours, five (5) hours, or six (6) hours.
Should all overtime assignments not be filled through the Scheduled Overtime Sign -Up List, the scheduling supervisor shall assign the least senior qualified employee available, whether or not that employee is on the Scheduled Overtime Sign -Up List, provided that the employee is assured at least one (1) day (twenty four (24) consecutive h ours) off in each seven (7) day period.
8 Change of Scheduled Overtime Procedure
If the City or POAL proposes a different procedure for handling scheduled overtime during the term of the MOU, the City agrees to meet and confer with the POAL on the proposal. The parties must mutually agree on the change.
Maximum Hours
The following limitations of Short Notice and Scheduled Overtime are prescribed:
No employee shall be scheduled to work more than fourteen and one -half (14.5) consecutive regular hours i n one day, except in emergency or extraordinary circumstances.
No employee shall be scheduled to return to work without eight (8) hours between assignments.
An employee shall not be assigned to work overtime "out -of-class" without permission from the Police Chief or designee.
The Police Chief or designee may exclude any individual from an overtime assignment if in his/her estimation the individual does not possess the skills or abilities to achieve the desired objective of the assignment.
ARTICLE IV – REST AND MEAL PERIOD
4.1 The intent of the rest period is to ensure that the officer is adequately rested for his/her assigned work shift.
a. Officers will receive a continuous eight hour rest period immediately preceding or immediately following their schedule d court appearance or other departmental assignment(s), if less than eight hours has elapsed during:
1) the time period that officer’s regular work shift ends and his/her scheduled appearance/ assignment time; or
2) the time period that officer is dismissed and his/her regular work shift begins.
9 This rest period will not be charged to the officer.
b. If an officer receives approval to take the remaining portion of his or her scheduled shift off, the officer’s leave balances will be charged for the entire shift (as if no rest period has occurred).
c. The rest period does not apply when an officer is scheduled for court or appearance/ assignment the day immediately following a day off.
4.2 If an officer is called to duty or remains on duty for any reason within that res t period or into his/her normal shift, he/she shall be compensated at l50% of his/her normal rate of pay.
4.3 Officers assigned to work a 4/10 or 9/80 schedule will receive a one (1) hour paid meal period when operationally feasible. Officers may elect to uti lize the one (1) hour paid meal break to work out in the gym on the second floor of the Police Department.
Officers who choose to work out in the department gym must follow the guidelines as set forth in the Department’s Lexipol meal break policy.
ARTICLE V - COMPENSATORY TIME
5.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour of overtime worked.
5.2 No more than 240 hours of compensatory time may be carried on the books at any time.
5.3 An employee’s decision to elect compensatory time instead of overtime pay is irrevocable.
5.4 Upon separation, the employee will be paid at the employee’s current hourly rate or the average of the last three years, whichever is hi gher, for the remaining compensatory balance.
5.5 Bargaining unit members shall be allowed to cash out up to a maximum of 100 hours of earned compensatory time off twice per year, in April and October.
10 ARTICLE VI - ABOVE CLASS PAY
6.1 All employees in this bar gaining unit who are required to work in a higher class ification shall be paid an additional 5% of the employee's normal salary including any allowance or education incentive pay currently enjoyed by the employee if the position is vacant for more than 10 consecutive calendar days because of vacancy, illness, or industrial or non - industrial accident.
ARTICLE VII - EDUCATION INCENTIVE
7.1 Education incentive pay shall be as follows:
Bachelor’s Degree $200.00 per month
Basic POST Certificate $50.00 per month
Intermediate POST Certificate $150.00 per month
Advanced POST Certificate $300.00 per month
The POST Incentives set forth in this clause are paid at the highest level certificate held (i.e. they are not stackable).
ARTICLE VIII - BILINGUAL OFFICERS
8.1 Employees designated by the Police Chief and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual allowance of $150.00. Officers shall not be eligible for the bilingu al allowance while attending a POST Basic Academy.
ARTICLE IX - ARSON / EXPLOSIVE ORDINANCE INCENTIVE
9.1 Officers performing the Arson / Explosive Ordinance function shall be paid an incentive of an additional 4.5% of the employee's base salary.
ARTICLE X - MOTOR OFFICERS
10.1 Officers assigned to the Motors Unit shall be paid an incentive of 4.5% of the employee’s base salary. It is mutually agreed this incentive fully compensates the officer for the time taken for regular pre-shift preparation, washing, minor maintenance, transportation of the
11 vehicle to repair facilities within the City of Lodi, and any permitted transportation of the motorcycle to and from home. It is also mutually agreed that assignments to the Motor Unit are at the sole discretion of t he City. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal fr om such transfer or reassignment. Nonetheless an officer shall not be punitively removed from a specialty assignment without being granted an opportunity for an administrative appeal. However, the provision of an appeal shall not create a property interest in the assignment.
ARTICLE XI - CANINE DUTY
11.1 The pay provisions for canine duty shall be regulated only by the following:
a. The City and POAL estimate that the time canine o fficers spend in all aspects of the care, feeding, exercise, transport to/from work, and maintenance of their canines, on a weekly basis, is seven (7) hours , payable at the federal minimum wage overtime rate .
They agree that any time spent in excess of such time is not reasonably necessary and is accordingly not authorized. The full compensation due officers for the performance of their canine responsibilities, on a bi -weekly basis, is $152.25. In the event of a change in federal minimum wage, the parties agree to re -open this section to adjust full compensation for these duties suc h that full compensation for these duties will equal at least 4.5% of base pay. Both parties believe that this agreement complies with the requirements of the Fair Labor Standards Act. For purposes of calculating overtime for work performed by police off icers in their capacity as police officers, the reference above shall be part of the base salary rate.
11.2 It is mutually agreed that assignments to the Canine program are at the sole discretion of the City. No officer has any property rights to such assignm ents. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal from such transfer or reassignment. Nonetheless an officer sha ll not be punitively removed from a specialty assignment without being granted an opportunity for an administrative appeal. However, the provision of an appeal shall not create a property interest in the assignment.
12 11.3 Officers assigned to the Canine program shall continue in this assignment for a period of not more than five years and shall be compensated at the officer's regular rate of pay including appropriate incentive pay (s). Upon completion of the fifth year, the officer's performance shall be evaluat ed, along with any other submitted applications of interest for the position of Canine, for the purpose of filling the position in the program. If no other applications of interest have been submitted for the position in the Canine program, the officer ho lding the position may be extended for a period of two more years whereupon another evaluation period, previously mentioned, shall commence. (The City reserves the right to conduct annual evaluations on Canine Officers.)
ARTICLE XII - POLICE CORPORALS
12.1 Corporals shall wear the insignia (two stripes) currently in use for the Field Training Officer and they shall receive an allowance equal to 6.0% of their normal base pay. It is mutually agreed that part of the Corporal duties are those of supervision in t he absence of the Sergeant. It is also mutually agreed that Corporals shall not accept, investigate, or in any form, handle any matter of discipline.
ARTICLE XIII - MASTER OFFICER
13.1 POAL members who have completed 8 years of sworn service (minimum of one year of service with the City of Lodi for Laterals), who possess their Advanced POST certificate, and who have successfully passed a written examination administered by the Human Resources Division shall be paid an incentive of 3% of the employee’s base salary and be designated as a Master Officer. Written examinations shall be administered in April and October each year, contingent on having qualified employees to take the examination.
13.2 Master Officers may be considered for Field Training Officer (FTO); however, the selection shall be at the sole discretion of the Police Chief. Master Officers shall be paid an incentive of 3% of the employee’s base salary when assigned as an FTO. Corporals will not be eligible for this additional 3% FTO incentive.
13.3 Master Officers may be considered for Field Supervisor; however, the selection shall be at the sole discretion of the Police Chief. Master Officers shall be paid an incentive of 3% of the employee’s base salary when assigned as a Field Supervisor. Corporals will not be eligible for this additional 3% Field Supervisor incentive.
13 ARTICLE XIV - SPECIAL ASSIGNMENT PAY
14.1 Officers assigned to Investigations and SWAT shall receive an allowance equal to 4.5% of their normal base pay. It is mutually agreed that assign ments to Investigations and SWAT are at the sole discretion of the City. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non-punitive basis and that they have no right to appeal from such transfer or reassignment. Nonetheless an officer shall not be punitively removed from a specialty assignment without being granted an opportunity for an administrative appeal. However , the provision of an appeal shall not create a property interest in the assignment.
ARTICLE XV - CALL BACK
15.1 Officers called to appear for work within two hours of the beginning of a shift, or one hour after the shift, shall receive overtime at the rate of time and one -half. Such appearances shall be reported as contiguous shift extensions. If the appearance begins more than two hours before or more than one hour after the scheduled shift, the employee will be credited a minimum of three hours at the time and one-half rate.
When an officer is ordered back to work on an "as soon as possible" basis and reports within thirty minutes, the officer shall be compensated from the time of the call.
ARTICLE XVI - COURT TIME
16.1 Police Officers scheduled to make court appearances during off-duty hours, on scheduled days off, or when on graveyard shift, shall be compensated at the rate of time and one - half for actual hours involved in such appearances. In no event shall they be paid for less than four hours.
16.2 Court appearances which are within two hours of the beginning of a shift or within one hour of the end of the shift shall be compensated at the time and one -half rate. Such appearances shall be reported as contiguous shift extensions.
16.3 Cancellation of scheduled appearance must be made at least two hours before said scheduled appearance or the minimum four hours shall be paid.
14 16.4 Officers who receive a subpoena to appear in court, shall notify the Watch Commander of the appearance date and time in order to provide the Watch Commander time to review the schedule to determine if rest period time is required, or additional staff will be needed.
ARTICLE XVII - ADDITIONAL COMPENSATION/LONGEVITY PAY
17.1 After completing ten years of service with the Lodi Police Department, employees shall receive an annual longevity compensation amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Police Department. Employees wh o have completed twenty years of service with the Lodi Police Department will receive an annual longevity compensation amount of $3,000 on November of the year following completion of twenty full years of service and each year thereafter.
17.2 For the purposes of this article, all employees who as of October 31st meet the service level requirements (either ten full years or twenty full years from the first day of the month in which they started their employment with the City of Lodi Police Department) shall receive the longevity compensation associated with their years of service with the Lodi Police Department.
ARTICLE XVIII - UNIFORM ALLOWANCE
18.1 The uniform allowance shall be $950 annually paid bi-weekly in the employee ’s regularnormal payroll check. Effective July 15, 2019, the uniform allowance of $950 was eliminated.
18.2 The City agrees to pay a sum of $1,200 to offset the initial uniform and equipment costs required for a Motor Officer and to pay an additional $ 800 annual uniform allowance for those officers assigned to Motors , paid bi -weekly in the employee’s regularnormal payroll check.
18.3 If a Motor Officer fails to complete an 18 -month assignment he/she agrees to reimburse the City on a prorated basis for each month not completed. If he/she is relieved for lack of performance before the minimum 18 months, he/she shall also reimburse the City on
15 the same prorated basis. If he/she completes the 18 -month assignment the equipment becomes the officer's sole possession.
18.4 Effective July 15, 2019, the uniform allowance provided in Section 18.1 is eliminated.
18.518.4 The City agrees to provide each officer a set of "Threat Level 3 -A" body armor.
When an employee is on patrol he/she agrees to wear his/her body armor.
a. In that the City and POAL agree that officer safety is paramount, the City agrees to replace all ballistic vests prior to the end of the fifth year from the date of manufacture.
b. The City agrees to furnish each officer an SL -20 flashlight by Streamlight. The City agrees to exchange the flashlight battery and flashlight bulb upon request, but no more often than once in any twelve-month period.
18.618.5 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City.
18.718.6 The City and POAL will continue to work together on the concept of a Quarter Master uniform program and if mutually agreeable the program may be implemented through a side-letter agreement or contract amendment.
ARTICLE XIX - RESERVED WELLNESS PROGRAM
19.1 Employees in the bargaining unit will be eligible for a Wellness Program Incentive of $50.00 per month, paid in the employee’s regular payroll check on a bi -weekly basis, upon successfully passing an annual physical agility examination. The examination will be proctored by Human Resources.
Testing for Sworn employe es within this bargaining unit will consist of the following four agility components:
Fence Climb – Run 5 yards to a 6 -foot solid fence, climb over fence, and continue running another 25 yards (must be completed with in 19 seconds, employee allowed 2 attempts to complete the fence climb)
16 Obstacle Course/Agility Run – Run a 99 -yard obstacle course consisting of several sharp turn, a number of curb - height obstacles, and a 34 -inch high obstacle that must be vaulted (must be completed within 28 seconds)
Body Drag – Lift and drag a 165 -pound lifelike dummy 32 feet (must be completed within 15 seconds)
500 yard run – Run 500 yards (must be completed within 2 minutes and 30 seconds)
Employees must successfully pass each agility component within the prescribed tim e period to be eligible for the incentive. Employees who fail the examination will be allowed to re -test one time within 30 days of failing the examination. If the employee fails the re -test, the employee will not be eligible to re -test until the next sc heduled annual examination.
Employees who are on vacation, injury leave, or modified duty and are not able to participate in the annual physical agility examination, will be given the opportunity to take the examination within 30 days of returning to full duty.
The first examination will be conducted no later than July 31, 2022, and will be conducted annually thereafter, except for re -testing as stated above. Employees who successfully pass the physical agility examination will receive the Wellness Pro gram Incentive, effective the first of the pay period following successful completion of the examination.
Employees who fail the annual testing will lose the incentive until they successful pass the physical agility examination.
CHAPTER 2 - LEAVES
ARTICLE XX - CATASTROPHIC LEAVE
20.1 Catastrophic Leave is available to employees in accordance with the City’s current Catastrophic Leave of policy.
ARTICLE XXI - FAMILY MEDICAL LEAVE
17 21.1 Family Medical Leave is available to employees in accordance with the City’s current Family Medical Leave policy.
ARTICLE XXII - BEREAVEMENT LEAVE
22.1 Bereavement Leave is available to employees in accordance with the City’s current Bereavement Leave policy.
ARTICLE XXIII - HOLIDAYS
23.1 Effective July 1, 2022 the holiday leave bank will be increased by 10 hours in recognition of the Juneteenth holiday. Thereafter, January 1 of each year, each represented member of the POAL shall receive 145135 hours of holiday leave which may be taken on any day of the week depending on the needs of the Department as determined by the Chief or designee. Holiday Leave may be taken in hourly increments.
23.2 Police Officers assigned to patrol shall pick holidays by seniority, in one -shift increments, depending on the needs of the service. There shall be no fixed holidays during the year with the exception that the current practice of Thanksgiving, Christmas, and New Year's holidays be fixed (i.e. - the actual date on which the holiday falls is recognized and therefore taken) for officers assigned to Motors shall be continued.
Employees hired or separating from service mid-year shall be credited with holiday leave on a prorated basis with the exception that the three holidays fixed for Motor Officers shall not be prorated.
23.3 Bargaining unit members shall b e allowed to cash out holiday time in April and October.
If holiday time is not used by the end of the calendar year, it will be cashed out to the employee in the last payroll check in December. Holiday time cashed out shall be paid at the employee’s regular rate of pay.
ARTICLE XXIV - LEAVES OF ABSENCE
24.1 Leaves of Absence are available to employees in accordance with the City’s current Leave of Absence policy.
18 ARTICLE XXV - SICK LEAVE
25.1 The objective of this section is to provide methods of furthering th e health and general welfare of City employees, as well as ensuring maximum and reasonable job attendance.
Sick leave should not be viewed as a right to be used at the employee’s discretion, rather it is a benefit of paid time away from the work duties in the event of one of the following circumstances:
a. Actual illness or injury of the employee.
b. Medical or dental appointments of employee, or employee’s immediate family members, when such appointments cannot be arranged during off -duty hours, and when the employee’s family member is incapable of independently attending such appointments.
c. Where the employee’s medical attention to an immediate family member is required.
d. Emergency leave to the death or imminent death of family members.
25.2 Effective the pay period beginning October 25, 2004, all employees shall accumulate sick leave at the rate of 5.54 hours per pay period (144 hours per year).
25.3 Sick leave may be accumulated to an unlimited amount.
ARTICLE XXVI - VACATION LEAVE
26.1 Vacation accruals shall be as follows:
0-5 years 3.08 hours per pay period
6-11 years 4.62 hours per pay period
12-14 years 5.24 hours per pay period
15-20 years 6.16 hours per pay period
21 years 6.47 hours per pay period
22 years 6.78 hours per pay period
23 years 7.09 hours per pay period
24 years 7.40 hours per pay period
25 years 7.71 hours per pay period
19 26.2 During the first continuous 12 months of employment, vacation days shall be earned but may not be taken. An employee who terminates employment for any reason during the first 12 months of employment shall be entitled to cash out of accrued and unused vacation leave.
26.3 At the completion of 12 continuous months of employment, the employee is eligible to take his/her accrued vacation leave in accordance with department policy.
26.4 The m aximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee’s annual vacation entitlement. Whenever an employee’s unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the maximum may be authorized by the City Manager. For all other issues regarding Vacation Leave refer to the City’s Policy on Vacation Leave.
26.5 All persons hired after October 10, 1994, shall only accrue a maximum of 6.16 hours of vacation per pay period.
26.6 Employees shall be eligible to annually cash out all accrued vacation hours in excess of 80 hours in October of the calendar year. The cash out payment will include the employee’s incentive pay(s) in the calculation.
ARTICLE XXVII - MISCELLANEOUS LEAVE
27.1 Upon adoption of this MOU, the City agrees to create a special leave bank of eighty (80) hours of non-cashable leave. All leave must be used by December 31, 2019 or it will be forfeited. These leave hours are separate from all other leave hours and shall not affect any maximum accrual hours of any other leave banks. The provisions in this paragraph sunset on December 31, 2019.
20 CHAPTER 3 - INSURANCE BENEFITS & RETIREMENT
ARTICLE XXVIII - CAFETERIA PLAN
28.1 The City intends to propose a cafeteria based benefit program that would incorporate but not be limited to Medical, Dental, Visions, Chiropractic and Life Insurance . The above terms of this Agreement will be reopened for negotiation upon the City’s presentation of a draft plan. The City will form a committee, comprise d of one member from each Bargaining Unit, along with City staff to discuss the contents of said cafeteria plan. The City’s proposed cafeteria plan will offer substantially the same or better benefits to those currently received by unit members.
ARTICLE XXVII - CHIROPRACTIC INSURANCE
27.1 Chiropractic services may be received by employees and dependents. This benefit allows up to a maximum of 40 visits per calendar year. Co-payments for services are $10.00.
ARTICLE XXVIII - DENTAL AND ORTHODONTIA INSURANCE
28.1 The City agrees to provide a dental plan equivalent to the Stanislaus Foundation for Medical Care dental plan (group number 5110) to all employees and their eligible dependents. The City reserves the right to select any dental administrator. The annual maximum benefit is $1,250 for each family member enrolled in the dental plan per calendar year.
28.2 The City shall pay the full cost of the dental premium for the employee and one-half the premium for eligible dependents for the term of this agreement.
28.228.3 Effective July 1, 2022, the City shall provide orthodontia benefits, up to a life time cap of $1,250 for each family member covered under the dental plan.
ARTICLE XXIX - FLEXIBLE SPENDING ACCOUNT
29.1 Members of this unit are eligible to participate in the City ’s Flexible Spending Account Program which allows employees to pay for unreimbursed medical costs, insurance premiums, and child care costs to be paid with pre-taxed dollars. Effective in plan year 2018,
21 the Medical Flexible Spending Account (FSA) will inc lude a carryover provision which allows an active participant to automatically carryover up to $500 to the new plan year.
However, amounts over $500 would be forfeited after the final filing date, as set by the program, if left unclaimed.
The City will ma intain a pre -tax “flexible spending account” to conform to IRS regulations to be used for premium contributions, dependent care and/or un -reimbursable medical payments for bargaining unit members. Effective in plan year 2022, the Medical Flexible Spending Account (FSA) includes a carryover provision which allows an active participant to automatically carryover up to $550 (carryover allowance may increase year to year depending on plan provision) to the new plan year. However, amounts over the carryover allowance would be forfeited after the final filing date, if left unclaimed.
ARTICLE XXX - VISION INSURANCE
30.1 The City agrees to provide, at its expense, a Vision Care Plan equivalent to the VSP Plan B with a $25.00 deductible for employee and eligible dependents. The entire premium shall be paid by the City. The City reserves the right to select any vision carrier.
ARTICLE XXXI - MEDICAL INSURANCE
31.1 The City shall offer medical insurance equivalent to the CalPERS Health Program. If no equal alternativ e is readily available, the City and the POAL will meet to negotiate alternatives promptly. To the extent the provider discontinues or changes the medical plan coverage, these changes are not the responsibility of the City. The City shall however, make every effort to retain the medical plan as agreed to by the POAL and City.
31.2 All employees are offered medical insurance for themselves and eligible dependents through CalPERS medical plans.
If an employee waives medical insurance through the City , the e mployee may at their option take the following in cash or deposited into their deferred compensation account:
$692.81 per month for Family
$532.92 per month for Employee + 1
$305.22 per month for Employee Only
22 In order to qualify for this provisio n, proof of group insurance must be provided to the City.
Effective July 1, 2022 January 1, 2018, City will pay a maximum of the following for each family category:
$1,794.51 $2,005.81 per month for Family
$1,380.39 $1,542.71 per month for Employee + 1
$690.20 $771.35 per month for Employee Only
If employee selects a higher cost plan, employee will pay the difference as a payroll deduction.
POAL shall allow a number equal to half of their membership of City employees to become associate members of POAL solely to allow access to health plans not otherwise available to non -public safety members. Associate memberships shall be allotted on a first-come, first-served basis.
31.3 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time probationary employee of the City.
31.4 Employees who retire on a service retirement shall have the option of pur chasing, at the employee’s cost, additional medical insurance sufficient to reach age 65.
31.5 The City will make every effort to keep the POAL informed early of changes to coverage, premiums, or policies, and will notify the POAL of any such proposed change within ten days of receiving such notice. This includes forwarding copies of supporting documents, reports and periodic satisfaction surveys to the POAL within ten days of receipt of such supporting documents, reports and periodic satisfaction surveys.
ARTICLE XXXIV - RESERVED
ARTICLE XXXII - DEFERRED COMPENSATION
32.1 Employees may voluntarily participate in the City of Lodi’s Deferred Compensation Plan as allowed by IRS Code 457(k).
23 32.2 The City shall match contributions by an employee to a deferred compensation program up to a maximum 3.0% of the employee’s gross salary.
ARTICLE XXXIII - LIFE INSURANCE
33.1 The City agrees to provide each covered member a $50,000 accidental death policy in addition to any other life insurance policy or statutory payments that may be due to an employee in the event of death resulting from a line-of-duty injury.
ARTICLE XXXIV - PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
34.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System. Employees shall receive the following retirement benefits. The following plan is available to employees hi red prior to December 22, 2012 who are deemed “classic” employees by PERS:
Public Safety
3% @ 50 plan
1959 Survivors Benefit – Third Level
Employee shall pay the full employee share
of retirement costs (9%) as calculated by
PERS in its annual actuarial valuation
Credit for Unused Sick Leave
Military Service Credit as Public Service
Single Highest Year
34.2 For employees hired after December 22, 2012 and deemed to be “classic” employees by PERS, the following retirement plan will apply:
Public Safety
3% @ 55 plan
1959 Survivor Benefit – Third Level
Employee shall pay the full employee share
of retirement costs (9%) as calculated by
PERS in its annual actuarial valuation
24 Credit for Unused Sick Leave
Military Service Credit as Public Service
Highest Three Year Average
34.3 The City agrees to provide the following PERS retirement program and to pay the employer’s cost for employees deemed to be “new” employees by PERS under the Public Employee’s Pension Reform Act of 2013 (PEPRA):
Public Safety
2.7% @ 57 plan
1959 Survivor Benefit – Third Level
Credit for Unused Sick Leave
Military Service Credit as Public Service
Highest Three Year Average
Employee shall pay the full employee share of
retirement costs as calculated by PERS in its
annual actuarial valuation
34.4 All employees deemed “classic” safety members of CalPERS as referenced in Article
37.1 and 37.2 shall pay nine percent (9%) of the PERS employee’s contribution and three percent (3%) of the PERS employer’s contribution on a pre -tax basis. Employee contributions to the employer’s portion are credited to each employee’s account.
34.5 All employees deemed as “new” Safety members under the Public Employees’ Pension Reform Act of 2013 (PEPRA), shall contribute on a pre -tax basis the greater of 12% or the Required PEPRA Member Contribution Rate as determined by CalPERS. Should the 12% contribution exceed the Required PEPRA Member Contribution Rate, the excess amount shall not be credited to the employee’s account.
34.6 Effective upon Per a contract amendment with CalPER S, anticipated for effective November 4, 2019, all employees in the bargaining unit shall pay an additional six percent (6%) of the employer’s contribution , in addition to previously agreed upon cost - sharing outlined in section 37.4 and 37.5 above . Classic safety members shall pay a total of nine percent (9%) of the employer’s normal cost (cost -sharing). PEPRA members shall pay a total of six percent (6%) of the employer’s normal cost (cost -sharing). Once
25 an affirmative vote by those employees defined as PEPRA members, agreeing to the additional six percent (6%) cosh-share, employee contributions to the employer’s portion shall be credited to each employee’s account. In addition to the six percent (6%) cost - sharing above, PEPRA members will contribute a m inimum of twelve percent (12%) or the Required PEPRA Member Contribution Rate as determined annually by CalPERS as outlined in section 34.5.
37.1 Should a contract amendment with CalPERS not be finalized by November 4, 2019, beginning November 4, 2019, all emp loyees in the bargaining unit shall contribute on a pre-tax basis an additional 6% to the PEPRA member Contribution Rate or the PERS employer contribution. This will be in addition to any contributions under sections 37.4 and 37.5. This amount will be co ntributed by employees from November 4, 2019 until such time as a contract amendment with CalPERS is finalized. Amounts contributed under this section will not be credited to the employee’s account. Upon successful completion of a contract amendment with CalPERS, this section 37.7 is null and void and section 37.4 through section 37.6 shall govern the employee’s contributions towards the employer’s normal costs.
ARTICLE XXXV - SICK LEAVE CONVERSION PROGRAM
35.1 This section applies to all employees hired prior to October 10, 1994.
For all unused sick leave, a represented employee with ten years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis:
OPTION #1 – “Bank”
Fifty percent (50%) of the dollar value of sick leave will be placed into a "bank" to be used for medical insurance premiums for the employee and dependents. For each year that an employee has been employed in excess of 10 years, two and one -half per cent (2.5%) will be added to the fifty percent (50%) for valuing the size of the bank.
For example:
Officer Smith retires with 20 years of service and 1800 hours of sick leave. His/her monthly salary is $3,412.47 ($19.61 per hour).
1800 X .75 x $19.61 = $24,473.50
26 This amount will be reduced each month by the current premium for the employee and dependent until the balance is gone. In the event the retiree dies the remaining bank will be reduced by fifty percent (50%) and the survivor may use the bank until the balance is gone or may cash out the remaining balance.
OPTION #2 – “Conversion”
The number of accumulated hours shall be multiplied by 50% and converted to days.
The City shall pay one month’s premium for employee and dependents for each day af ter conversion. For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement , subject to the cap shown in Secti on
31.2 of this MOU. Any differences created by an increase in premiums must be paid for by the employee.
For example:
Officer Smith retires with 25 years of service and 1800 hours of unused sick leave:
Sick Leave Hours – 1800 divided by 8(coverage factor)=225 225 times 87.5 (% of coverage)=196.88
196 divided by 12(yrs) = 16.4 total years of coverage
OPTION #3 – “Service Credit”
Employees may elect to add PERS credit for unused sick leave per Government Code Section 20868.8. This benefi t is available to all employees regardless of the date hired; however, it is the only sick leave conversion benefit available to employees hired after October 10, 1994. It is agreed that eight hours equals one day for purposes of determining days creditab le. If an eligible employee opts to utilize the provisions of Section 35.1, the City will report they have zero hours of unused sick leave.
35.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion pr ogram (10 years) the surviving dependents have an interest in one-half the value of the bank as calculated in option #1.
27 35.3 In accordance with the sick leave conversion provisions, a surviving spouse may at his/her own expense, continue medical insurance at the employee only premium for the same period as if the employee had not died.
35.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 35.1 of this Article.
ARTICLE XXXVI - SURVIVORS BENEFITS
36.1 The City shall pay l00% of the premiums for health and dental benefits described in this MOU for the surviving spouse and any minor children of any member of the POAL who is killed or dies during the performance of official duties. Premiums wi ll be paid at the current rate in effect at the time of the member's death. Premiums will continue to be paid by the City until such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed i n the line of duty until such time as either:
a. the children are no longer eligible by law to be covered as dependents on the plan, or
b. the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries.
36.2 Survivor benefits (listed in 4856 of the California Labor Code) do not apply to Pol ice Officer Trainee until such time that he/she is sworn pursuant to Article 20, Section 3 Article 43, Section 4.
36.3 Disability benefits (listed in 4850 of the California Labor Code) shall not apply to until such time that he/she is sworn pursuant to Article 20, Section 3.Article 43, Section 4.
ARTICLE XXXVII - TUITION REIMBURSEMENT
37.1 Tuition Reimbursement is available to employees in accordance with the City’s current Tuition Reimbursement policy.
28 CHAPTER 4 - ASSOCIATION/CITY ISSUES
ARTICLE XXXIII - ASSOCIATION TIME
38.1 Individual bargaining unit members may donate from their accrued vacation leave, holiday leave, or compensatory time off up to a total of 800 hours per calendar year for Association busin ess directly related to representation of Lodi Police Officers. The President of the POAL may designate members of the Association to utilize this time.
Only one member at a time may be absent unless mutually agreed that additional members may be absen t. Five days advance notice of use of time shall be given. The time may be used only in hourly increments with a two-hour minimum.
38.2 The POAL has the right to purchase additional time at the rate of l50% of base pay.
38.3 Except in cases of an emergency, the President of the POAL shall be granted one day per week wherein half of one day's shift per week may be used for the performance of the duties of the office of President of the POAL. This time shall be scheduled at a time mutually agreed upon between the POAL President and the Police Chief or his designee.
Such time shall be charged to the Association time bank.
ARTICLE XXXIX - BENEFICIAL PAY PRACTICE
39.1 If the department, in its sole discretion, wishes to implement a new beneficial pay practice, it will notify the POAL and provide an opportunity to meet and confer.
ARTICLE XL - CHANGES IN THE MEMORANDUM OF UNDERSTANDING
40.1 The City and the POAL agree to reopen this MOU and to renew Meeting and Conferring on the subjects set forth herein during the term of this MOU in the event that any provision of this MOU is modified by statute or by a competent order of a court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU shall continue in full force an d effect unless and until they are also modified by statute or competent order of a court or agreement of the City and the POAL.
ARTICLE XLI - CITY RIGHTS
29 41.1 It is further understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include but are not limited to, the exclusive rights to:
Determine the mission of its constituent departments, commissions, and boards. Set standards of service.
Determine the procedures and standards of selection for employment. Direct its employees.
Maintain the efficiency of governmental operations.
Determine the methods, means, and personnel by which government operations are conducted.
Take all necessary actions to carry out its mission in emergencies. Exercise complete control and discretion and the technology of performing its work.
City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline, and to determine the content of job classifications; provided, however, that nothing herein may be read to extend the term of the MOU nor to supplement negotiations as a means for arriving at terms for a successor MOU.
ARTICLE XLII - CONCERTED ACTIVITIES
42.1 The POAL and employees agree that they will not engage in any strike, sympathy strike, slowdowns, work to rule, “blue flu”, or other concerted withholding of services. In the event of any such activity, the POAL will take any such activity to a cessation immediately. The association and all employees covered by this agreement acknowledge that any such activity by employees covered by this agreement is misconduct which m ay lead to discipline up to termination.
ARTICLE XLVIII - EMPLOYEE REPRESENTATION
43.1 This Memorandum of Understanding (MOU) is entered into between representatives of the City of Lodi (City) and representatives of the Police Officers' Association of Lodi (POAL).
30 The parties hereto acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth herein.
Both parties each certify without reservation that an adequate opportunity has been afforded its bargaining representatives to propose and vigorously advocate all negotiable subject m atter during the course of collective negotiations preparatory to signing this agreement. City will meet and confer before changing a policy or general order that is subject to meet and confer under the Meyers-Milias-Brown Act.
The terms and conditions of this MOU are applicable to Police Officer Trainee, Police Officer and Police Corporal.
It is mutually agreed that this document supersedes all previous MOU’s and all practices not defined in this MOU.
The terms and conditions of this MOU shall continu e in effect during the term of this MOU.
The City and the POAL agree and understand that if any section of this MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative polic y and procedure manual, City resolutions, or City ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on an issue, the applicable document (i.e. policy manual or rules for personnel administration) is controlling. State and Federal laws will be adhered to.
43.2 The City and the POAL mutually agree that the City shall grant dues deduction to City employees who are members of the POAL in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." The POAL shall indemnify, defend, and hold the City harmless against any claims made and against any suit instituted against the City on account of check -off of said employee organization's dues. In addition, the POAL shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. An authorization for payroll deductions may be cancele d or modified upon written notice to the City and the
31 Association before the 20th day of the month in which the cancellation is to become effective, subject to the provisions of this article. Any dues check -off cancellation or modification notice shall first be forwarded to the POAL for notation and then returned to Payroll prior to any change in a members dues check-off'.
43.3 The City shall make available a period of one hour to the association in each recruit class with an end toward education of each emplo yee of the rights and benefits under the collective bargaining agreement, as well as other association benefits, and the responsibilities of the employee and the organization of the association with an end toward having an employee who would become a bette r association member and a better employee.
43.4 All new hires in the classification of Police Officer Trainee shall remain in this category until they have completed their field training program and have been certified to work as a Police Officer.
43.5 For purp oses of continued certification of the POAL as the recognized employee organization for this unit, employees who are members or hereafter become members shall maintain membership with the POAL for the life of this MOU except that any unit employee may withdraw from membership not earlier than ninety days nor less than sixty days before the expiration of this MOU. Such withdrawal must be in writing and delivered to the POAL. A copy of the request shall be forwarded to the Finance Department upon receipt by the POAL.
43.6 The City agrees to recognize the POAL representatives for the purpose of representing members of the POAL on all matters relating to the administration of this MOU, and, upon the request of an employee, on adverse actions and other matters whic h may be or are on appeal in accordance with Article XLVII of this MOU.
ARTICLE XLIV - EMPLOYEE RIGHTS
44.1 The City agrees that all disciplinary actions shall be taken in a timely manner, recognizing that imposing discipline, grieving such discipline, inves tigations, and criminal proceedings may preclude timely action. This process also includes investigations of the complaint, recommending discipline to the office of the Police Chief, and the imposition of discipline.
32 44.2 The POAL retains the right to provide representation for employees in the classification of Police Officer Trainee, though it is acknowledged that prior to being sworn pursuant to Article 4320, Section 43, that the Police Officers Procedural Bill of Rights is not applicable to those employees. The City and its employees agree that disciplinary actions involving employees in the classification of Police Of ficer Trainee, prior to being sworn, will continue to be handled in a manner consistent with other member of this bargaining unit.
44.3 It is under stood by both parties that the POAL, in addition to any other rights herein specified, has the following rights:
1. To represent its members before the City regarding wages, hours, and other terms and conditions of employment.
2. To receive timely writte n notice of changes to or adoption of any rule or regulation directly relating to wages, hours and other terms and conditions of employment.
3. With an employee’s written consent, an authorized POAL representative shall be permitted, upon request, to inspect the employee's official departmental personnel file during normal business hours. Such review shall not interfere with normal business of the Department.
The City agrees to recognize the POAL representatives for the purpose of representing employees on all matters relating to the administration of this MOU; and, upon the request of an employee on adverse actions and other matters which may be or are on appeal in accordance with Article XLVI of this MOU.
44.4 The City agrees to provide each represented employee with copies of special orders, general orders, training bulletins, departmental rules and regulations, and a copy of this MOU.
44.5 The City agrees not to interfere or in any way discriminate against an employee for exercising his/her right to belong to an employee organization or to exercise his/her rights under this MOU. The POAL similarly agrees that it will not interfere with or
33 discriminate against employees for exercising rights to belong or refrain from belonging to, supporting, or participating in the activities of an employee organization.
44.6 Both the City and the POAL agree that no employee shall be subjected to any discrimination by the City or fellow employees in any matter relating to hiring, promotion, assignment, wages, or conditions of em ployment because of age, sex, creed, color, or national origin. Alleged discriminatory acts are subject to the City’s Policy and Procedure regarding Discrimination, not the grievance procedure.
ARTICLE XLV - GRIEVANCE PROCEDURE
45.1 Intent and definitions of this section:
a. This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, Letters of Understanding, and formal interpretations and clarifications executed by the POAL and the City.
b. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly.
c. A grievance is a good faith complaint of o ne or a group of employees or a dispute between the City and the POAL involving the interpretation, application, or enforcement of the express terms of this MOU and other terms and conditions of employment and matters of discipline.
d. As used in this proced ure, the term "party" means an employee, the POAL, the City, or their authorized representatives. The employee is entitled to representation through all the steps in the procedure.
e. As used in this procedure the term “working days” refers to Monday through Friday, excluding City-recognized holidays.
45.2 Grievance Procedure
34 A. Grievances in General. An employee, individually or in representation of a group of employees, may complain to City management through the grievance procedure regarding any matter rela ting to that employee's wages, hours, or conditions of employment. A grievance may be either formal or informal. An informal grievance is a prerequisite to filing a formal grievance.
B. Informal Grievance. An employee, individually or in representation of a group of employees, with a grievance shall first discuss the matter with his or her immediate supervisor within ten (10) working days of the matter complained of.
The supervisor and the employee shall attempt to informally resolve the dispute.
If this is not accomplished, the employee shall next discuss the matter with the next level of supervision within ten (10) working days of the unsuccessful discussion and so on, until the employee reaches the Police Chief. The decision of the Police Chief reg arding an informal grievance shall be final unless the employee files a formal grievance. A request for the grievance to be presented in writing may be made at any supervisory level and shall be made prior to filing a formal grievance.
C. Formal Grievance
1. An employee, individually or in representation of a group of employees, who has a grievance which remains unresolved after utilizing the informal grievance procedure may file a formal grievance in writing. The employee shall file a formal written grievanc e with the City Manager or designee within ten (10) working days after the final decision on the informal grievance. The formal grievance shall contain all relevant information relating to the grievance which the employee wishes the City Manager to consider. The City Manager or designee shall meet with and respond in writing to the employee within ten (10) working days of the receipt of the grievance.
2. A grievance may be appealed to arbitration. Only the POAL may appeal to arbitration, and must notify the City within ten (10) working days after the decision of the City Manager.
3. Selection of Arbitrator. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the
35 parties, t he parties shall meet to select an impartial arbitrator. If no agreement is reached, the parties shall immediately and jointly request a panel of five arbitrators from the State Conciliation and Mediation Service and shall alternately strike names until o ne name remains. The order of striking shall be determined by lot.
45.3 Discipline
A. Discipline in General. Causes for disciplinary action are specified in the Rules for Personnel Administration (RPA) and the Department’s policy manual.
Disciplinary actio n includes but is not limited to written reprimands, demotion, suspension, or discharge of the employee. The causes cited in the RPA and policy manual are for both specific and exemplary reasons to alert employees to the more commonplace types of discipli nary issues. However, because conditions of human conduct are unpredictable, there may arise instances of unacceptable behavior not included in the written list of causes, in which the City may find it necessary and appropriate to initiate disciplinary action.
B. Right of Appeal
1. Any employee shall have the right to appeal an EPO to the Division Commander (or Police Chief if issued by Division Commander). Any employee shall have the right to appeal a written reprimand through the chain of command up to the Police Chief or his designee. The decision of the Police Chief is final and binding and not subject to further appeal. The appeal process timeline is as specified in #2a and #2b.
2. Any employee in the POAL bargaining unit shall have the right to appeal disciplinary action above a written reprimand as follows:
a. An employee must submit, in writing, to the Division Commander the appeal, clearly stating the basis and requested action within ten (10) working days after receiving the notice of discipline. The de cision of the Division Commander will be issued within ten (10) working days of receipt of appeal.
36 b. The Division Commander’s decision may be appealed to the Police Chief or his designee by filing in writing within ten (10) working days after issuance. The Police Chief will schedule a meeting with the employee and hear all evidence germane to the dispute.
Thereafter, the Police Chief will decide the matter within ten (10) working days.
c. The Police Chief’s decision may be appealed to the City Manager or his designee by filing in writing within ten (10) working days after issuance. The City Manager will respond in writing within ten (10) working days of receipt of the appeal.
d. The City Manager’s decision may be submitted to arbitration as the final level of appeal for disciplinary action. Only the association may appeal to arbitration and must notify the City within ten (10) working days of the date of notice from the City Manager.
C. Conduct of Appeal Process
1. Failure by either party to meet the established time limits will result in forfeiture by the failing party. Grievance settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances.
2. The time limits specified may be extended by mutual agreement between the parties.
D. Arbitration Process Guidelines
To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to:
a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion, or award orally upon submission of the arbitration.
b. Both parties and the arbitrator may tape record the hearing.
37 c. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties.
d. In grievance arbitration, the parties may agree to prepare a joint letter submittin g the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents t hat the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing.
Absent agreement to prepare a joint letter, the parties may submit separate letters.
e. The strict rules of evidence are not applicable and the hearing shall be informal.
f. The parties have the right to present and cross -examine witnesses, issue ope ning and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation.
g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious.
h. Attendance at a hearing shall be limit ed to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representatives and the employer's representatives.
i. The arbitration hearing will be held on the employer's premises.
j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial respon sibility of the party requesting such delay unless mutually agreed by the parties.
38 The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing. The decision will be in writing and it shall contain th e crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations, and procedures of the City, nor shall he/she impose any l imitations or obligations not specifically provided for under the terms of this MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
The arbitrator's decision shall be final, binding, and precedential and the arbitrator's decision shall possess the authority to make an employee whole to the extent such remedy is not limited by law, including the authorit y to award back pay, reinstatement, retroactive promotion where appropriate, and to issue an order to expunge the record of all references to a disciplinary action if appropriate.
The arbitrator shall have the authority to make all arbitrability and/or gr ievability determinations. The arbitrator shall make grievability and/or arbitrability determinations prior to addressing the merits of the case.
By filing a grievance or appealing a disciplinary action to arbitration, the grievant expressly waives any r ight to statutory remedies or to the exercise of any legal process other than is provided by this grievance/arbitration procedure. The processing of a grievance to arbitration shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions o f this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.
ARTICLE XLVI - LAYOFF PROCEDURE
46.1 In the event that reductions in rank or layoffs of Police Unit personnel are necessary, the following procedure shall be followed:
39 a. Any reduction in rank shall be based entirely on seniority. The employee having the least classification seniority shall be reduced first and transferred to the next lower classification to which he/she previously worked.
b. If an employee is reduced in rank he/she shall not be laid off until all other employees of similar rank to which he/she was reduced have been laid off (i.e., if a Police Sergeant is reduced in rank to Police Officer, he/she must then be the last Police Officer to be laid off, regardless of the seniority of the other Police Officers).
c. All layoffs of Police personnel within the seniority span of service shall be by merit (at the discretion of the City Manager upon the recommendation of the Police Chief).
The seniority spans of service are as follows:
1) All Police Officer Trainees based on seniority; then 2) All Police Officers on probation (one-year period);
3) All personnel with less than two years seniority; then 4) All personnel with two to three years seniority; then 5) All personnel with three to six years seniority; then 6) Personnel with more than six years shall be laid off by seniority.
Before any employee of a higher seniority group is laid off, all persons in the junior group must be laid off first.
d. Reinstatement shall be in reverse order of layoff or reduction in rank (i.e., the last Police Officer to be laid off would be first Police Officer reinstated.)
ARTICLE XLVII - PROBATIONARY PERIOD
47.1 During the probationary period, the probationary employee shall be e ntitled to sick leave benefits. Employees shall be eligible to be considered for a merit increase upon the successful completion of probation. Nothing herein shall be deemed to alter the terms or conditions of the probationary period following promotion.
ARTICLE XLVIII - PROMOTIONAL EXAMINATIONS
40 48.1 The certification process on promotional examinations for positions represented in this bargaining unit (Police Corporal) will be as follows:
1. For one vacancy, the top five highest scoring applicants will be ce rtified to the Police Chief for a hiring interview.
2. In the event of more than one vacancy at the same time, two additional names will be certified for each additional vacancy. For example, if there are two vacancies, seven (7) names shall be certified, three (3) vacancies, nine (9) names, etc.
3. It is understood and agreed that the Police Chief has the sole right to select any of the certified applicants in compliance with the Rules for Personnel Administration and applicable law.
ARTICLE XLIX – PERSONNEL FILES
49.1 The City and POAL mutually agree to continue discussion on modifications to Article XLIX due to recent state legislation on records retention and will enter into a side -letter agreement on the modified language.
49.2 Employees shall be provided a copy of all performance related memoranda (including performance evaluations) placed in their official personnel file which is retained in the Human Resources Department, and their "Administrative File" which is retained in the Police Department. Perso nnel files shall be kept in a secured location. Items that are to be removed shall be returned to the employee for disposition.
Affected employees shall be provided a copy of adverse comments placed in their official personnel file and shall have access to adverse comments placed in their administrative file maintained by the Police Department. No employee shall have any adverse comments placed in his/her file without first reading and signing indicating awareness of such adverse comments . Should an emp loyee refuse to sign, the adverse comments will nevertheless be placed in his/her file. An employee shall have thirty (30) days within which to file a written response to any adverse comments entered into his/her-the-official personnel file. Such written response shall be attached to and shall accompany the adverse comments . Upon written request of the employee, adverse comments in the personnel file and administrative file shall be removed in accordance with the timelines
41 prescribed. Adverse comments pertaining to attendance problems may be used to support discipline only if the discipline was primarily imposed for an incident involving attendance problems. References to Letter of Discussion and Oral Counseling shall be articulated on a separate piece of paper for each event.
An employee shall be permitted at any time during regular office hours to inspect his/her personnel or administrative files provided notice is given to the custodian department which is sufficient to allow it up to three (3) of its working days to make the files available. He/she may also authorize, in writing, the Association representative to also inspect his/her personnel file provided the same advance notice is given. Such reviews shall be made in the Human Resources Department or Police Department subject to the presence of a member of the Human Resources Department or Police Department staff or its designee.
Any matters not in the official personnel file or referred to in the official personnel file shall not be used as the ba sis of discipline. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of this MOU and applicable law.
Material contained in the Internal Affairs Division files, administrative file and the employee's personnel file shall be removed and destroyed after five (5) years from placement in the files, unless litigation relating to such material is pending. In such case, the potentially relevant material shall be retained in the files until the matter ha s been fully and finally adjudicated or until at least five (5) years have passed since the material was placed in the file, whichever occurs later.
The contents of the Internal Affairs File shall be purged and destroyed in accordance with applicable law.
All documented disciplinary actions shall be removed from the employee's official personnel file and "Administrative File" in accordance with table to follow.
This S ection shall always be in compliance with the Public Safety Officers Procedural Bill of R ights Act, as set forth in Government Code Sections 3300 -3312, and all provisions of law. Civilian employees shall not be granted any additional rights under the Public Safety Officer's Procedural Bill of Rights Act beyond those stated in this Section.
42 49.3 Document Retention
The following table reflects the time period each documented discipline shall be retained in the employee’s personnel files:
Level of Discipline Considered for Promotion and
Utilized in Progressive
Discipline
Letter of Discussion 2 Years from Date of Discipline
Oral Counseling 2 Years from Date of Discipline
Written Reprimand 2 Years from Date of Discipline
Pay Step Reduction 3 Years from Date of Discipline
Suspension Without Pay 3 Years from Date of Discipline Demotion 43 Years from Date of Discipline
49.4 The City shall not maintain any file that the employee does not have access to, nor shall any file be k ept beyond the above timeframes except in instances where the material is subject to pending litigation.
49.5 Should the City request to meet and confer over changes to this section, the POA L agrees to engage in discussions.
ARTICLE L - SEVERABILITY
50.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other pro visions shall be severable and shall continue in full force and effect.
ARTICLE LI – TERM
51.1 The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and POAL agree that the term is July 1, 20222019 through June 30, 2025.2022.
51.2 The POAL and City mutually agree to commence negotiations for a new contract no later than three (3) months prior to the expiration of this MOU.
43 EXHIBIT A
ANNUAL SALARY EFFECTIVE JULY 11, 2022 (7%)
Job Title Step 0 Step 1 Step 2 Step 3 Step 4
Police Officer
Trainee 73,862.45 77,555.52 81,433.37 85,505.05 89,780.28 Police Officer 90,664.66 95,197.90 99,957.84 104,955.79 110,203.53 Police Corporal 96,104.50 100,909.81 105,955.35 111,253.08 116,814.68
ANNUAL SALARY EFFECTIVE JULY 10, 2023 (4%)
Job Title Step 0 Step 1 Step 2 Step 3 Step 4
Police Officer
Trainee 76,816.95 80,657.74 84,690.70 88,925.25 93,371.49 Police Officer 94,291.25 99,005.82 103,956.15 109,154.02 114,611.67 Police Corporal 99,948.68 104,946.20 110,193.56 115,703.20 121,488.31
ANNUAL SALARY EFFECTIVE JULY XX, 2024 (4%)
Job Title Step 0 Step 1 Step 2 Step 3 Step 4
Police Officer
Trainee 79,889.63 83,884.05 88,078.33 92,482.26 97,106.35 Police Officer 98,062.90 102,966.05 108,114.40 113,520.18 119,196.14 Police Corporal 103,946.63 109,144.05 114,601.30 120,331.33 126,347.84
AGENDA ITEM I-01
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2001 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Article 2 – Administration and Personnel – by Adding Chapter 2.26, ‘Military Equipment Use Policy,’ to Provide for the Lodi Police Department’s Adoption of a Military Equipment Use Policy in Accordance with AB 481” M
EETING DATE: June 1, 2022
P
REPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2001.
BACKGROUND INFORMATION: Ordinance No. 2001 entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Article 2 – Administration and Personnel – by Adding Chapter 2.26, ‘Military Equipment Use Policy,’ to Provide for the Lodi Police Department’s Adoption of a Military Equipment Use Policy in Accordance with AB 481,” was introduced at the regular City Council meeting of May 18, 2022.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required – one to introduce and a second to adopt the ordinance.
Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov’t Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov’t Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
Attachment
ORDINANCE NO. 2001
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE ARTICLE 2 – ADMINISTRATION AND PERSONNEL – BY ADDING CHAPTER 2.26, “MILITARY EQUIPMENT USE POLICY,” TO PROVIDE FOR THE LODI POLICE DEPARTMENT’S ADOPTION OF A MILITARY EQUIPMENT USE POLICY IN ACCORDANCE WITH AB 481
WHEREAS, on September 30, 2021, the California Legislature adopted Assembly Bill 481 (“AB 481”), which requires law enforcement agencies to obtain approval of their governing bodies, by adoption of a military equipment use policy, by ordinance at a regular meeting prior to a law enforcement agency taking action to fund, acquire, or use retired military equipment; and
WHEREAS, the Lodi Police Department is a law enforcement agency that currently uses military equipment in its operations and is required to comply with AB 481; and
WHEREAS, the Police Depar tment has submitted a proposed Military Equipment Use policy, attached hereto and incorporated herein as Exhibit “A”, to the City Council for review and has made the Policy available on the Police Department’s website for at least 30 days prior to the first public hearing introducing this Ordinance; and
WHEREAS, the Policy was first considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted on May 18, 2022; and
WHEREAS, at the regular meeting of the City Council held on June 1 , 2022, t he City Council conducted a second reading to adopt this Ordinance providing for the Policy.
NOW, THEREFORE BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. Lodi Municipal Code Chapter 2.26 entitled, “Military Equipment Use Policy,” is hereby added to Article 2 – Administration and Personnel – to read as follows:
2.26.010 Military Equipment Use Policy
(a) The City Council has made the following determinations:
(1) The military e quipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (5) The City Council approves the use of the Policy, and finds that it satisfies the requirements of Government Code Section 7070(d).
(b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use.
(c) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above.
(d) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2)(g).
Section 3. Technical Adjustments . If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to text of this Ordinance or the Policy that do not substantively affect the content of this Ordinance. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrases of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decisio n shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
Section 5. 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 o r outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 6. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Government Code Section 15060(c)(2) (activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment.
Section 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
Section 8. Effective Date. 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 fift een (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 1st day of June, 2022
_____________________________
MARK CHANDLER
Mayor
Attest:
_____________________________
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2001 was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held June 1, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2001 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.
_____________________________
OLIVIA NASHED
City Clerk
Approved as to Form:
_____________________________
JANICE D. MAGDICH
City Attorney
Policy
706
Lodi Police Department
Lodi PD Policy Manual
Copyright Lexipol, LLC 2021/12/29, All Rights Reserved.
Published with permission by Lodi Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue handguns.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Lodi Police Department
Lodi PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021/12/29, All Rights Reserved.
Published with permission by Lodi Police Department ***DRAFT*** Military Equipment - 2 706.2 POLICY
It is the policy of the Lodi Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Lodi Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
Lodi Police Department
Lodi PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2021/12/29, All Rights Reserved.
Published with permission by Lodi Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
AGENDA ITEM I-02
COUNCIL COMMUNICATION
APPR
OVED: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2002 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 – Public Services – by Repealing and Reenacting Chapter 13.16, ‘Solid Waste,’ in Its Entirety”
M
EETING DATE: June 1, 2022
P
REPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2002.
BACKGROUND INFORMATION: Ordinance No. 2002 entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 – Public Services – by Repealing and Reenacting Chapter 13.16, ‘Solid Waste,’ in Its Entirety,” was introduced at the regular City Council meeting of May 18, 2022.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required – one to introduce and a second to adopt the ordinance.
Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov’t Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov’t Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
_______________________________
Olivia Nashed
City Clerk
Attachment
ORDINANCE NO. 2002
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL TITLE 13 – PUBLIC SERVICES – BY REPEALING AND REENACTING CHAPTER 13.16, “SOLID WASTE,” IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 13.16 entitled “Solid Waste” is hereby repealed and reenacted in its entirety to read as follows:
Chapter 13.16 SOLID WASTE
Sections:
13.16.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following definitions apply:
A. “Blue Container” has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
B. “CalRecycle” means California’ s Department of Resources and Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
C. “California Code of Regulations ” or “CCR” means the State of California Code of Regulations. CCR references in this section are preceded with a number that refe rs to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR) D. “Collection” means the act of collecting refuse at the place of waste generation by an approved collection agent (public or private) and is distinguished from “removal.” E. “Collection vehicle or equipment” means and includes any vehicle or equipment used in the collection of residential refuse or commercial or industrial solid wastes.
F. “Commercial customers ”, “Commercial Business ” or “Commercial” means all commercial (non -manufacturing) enterprises within the city limits except industrial customers, or a multi -family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of f ewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance
G. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this Section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74).
H. “Compliance Review” means a review of records by the City to determine compliance with this chapter.
I. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated fr om the municipal Solid Waste stream, or which are separated at a centralized facility.
J. “Construction/demolition waste” or “C&D” means used or discarded materials generated within the city limits during the construction, remodeling, renovation, or demolition on residential and commercial buildings and any other structure or pavement
K. “Container Contamination” or “Contaminated Container ” means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
L. “Container service” means the type of refuse removal consisting of containers ranging from one cubic yard to fifty cubic yards, typically for large volume refuse generators.
M. “Contract” means the written agreement covering the perform ance of the work, including, but not limited to, the formal agreement, and special provisions, affidavits and certificates of equal opportunity employment, certificate of worker’s compensation insurance, the proposal, contract specifications, and performance bond.
N. “Contractor” means the individual, partnership, corporation, joint venture or other legal entity entering into a contract with the city to perform the work. When modified by the phrase “as constituted,” it means the partnership, corporation, or other legal entity as organized and existing, with the same majority shareholders, as determined at the time of the execution of a contract between the contractor and the city.
O. “Designee” means an entity that the City contracts with or otherwise arranges to carry out any of the City ’s responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
P. “Disposal site” means and includes the place, location, tract of land, area, or premises in use, intended to be used, or which has been used for the landfill disposal of solid wastes.
Q. “Edible Food” means food intended for human consumption, or as defined in 14 CCR Section 18982(a)(18).
R. “Enforcement Action” means an action of the County to address non-compliance with this chapter including, but not limited to, issuing administrative cit ations, fines, penalties, or using other remedies.
S. “Excluded Waste” means hazardous substance; hazardous waste; infections waste; designated waste; volatile waste; corrosive waste; medical waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the City and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation or ordinance. This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in the City ’s, or its Designee’ s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its Designee, to potential liability.
T. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed.
U. “Food Recovery Organization” means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25).
V. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Feed Generator to a Food Recovery Organization or other entities for Food Recovery.
W. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
X. “Food-Soiled Paper” is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
Y. “Food Waste” means Food Scraps and Food-Soiled Paper.
Z. “Garden (green) waste” means refuse consisting of grass, leaves, wood chips, green plants, weeds, tree branches, and garden trimmings.
AA. “Generator” means a person or entity that is responsible for the initial creation of any waste material.
BB. “Gray Container” has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.
CC. “Gray Container Waste” means Solid Waste that is collected in a Gray Container that is part of a three -container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
DD. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
EE. “High Diversion Organic Waste Processing Facility ” means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5€ for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
FF. “Industrial customer ” means all manufacturing enterprises who generate industrial waste within the city limits except commercial customers. The city manager or other designee shall determine whether a customer is “industrial” or “commercial.” GG. “Industrial waste” means solid waste originating from manufacturing facilities and factories within the city limits including construction and demolition projects. Industrial waste also means solid waste produced by any person, firm, or corporation primarily engaged in the business of processing and manufacturing for the purpose of wholesale.
HH. “Inspection” means a site visit where the City or its Designee reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
II. “Mixed Waste” or “Mixed Waste Organic Collection Stream ” means organic waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility.
JJ. “Multi-cart service” means the type of refuse removal designed for source separating into three carts. One cart for non-recyclable materials and non-green waste, one cart for recyclable materials, and one cart for green waste. This type of service is generally for lower volume refuse generators with carts of less than one hundred gallons.
KK. “Multi-Family Residential Dwelling” or “Multi-Family” means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
LL. “Non-Compostable Paper” includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
MM. “Non-Organic Recyclables ” means non- putrescible and non -hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
NN. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscaped and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).
OO. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
PP. “Paper Products” include, but are not limited to, copy, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
QQ. “Printing and Writing Papers ” include, but are not limited to, copy, xerographic , watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
RR. “Prohibited Container Contaminants ” means the following: (1) material placed in a container under the system provided by the customer ’s Licensed Collector, or (2) Excluded Waste placed in any container.
SS. “Recovery” means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
TT. “Recycling” means the process by which salvaged materials become usable products.
UU. “Refuse” means any and all discarded items and substances of every kind, including salvageable or recyclable materials, and garden (green) wastes, but not including
sewage, septic tank contents, infectious wastes, or hazardous wastes as defined by state and/or federal law.
VV. “Removal” means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises.
WW. “Residential customer” means all residences within the city limits, including single- family and multi-family dwellings.
XX. “Route Review” means a visual Inspection of containers along a Collector Route for the purpose of determining Container Contamination, and may include mechani cal Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
YY. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short -lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
ZZ. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this chapter, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
AAA. “Self-Hauler” means a person who hauls Solid Waste, Organic Waste or recyc lable material that is self-generated to another person. Self-Hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment.
BBB. “Single-Family” means of, from, or pertaining to any residential premises with fewer than five (5) units.
CCC. “Solid Waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including but not limited to organic waste, garbage, trash, refuse, paper, rubbish, industrial wastes, demolition and construction wastes abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Di vision 104 of the State Health and Safety Code).
3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1.
Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
DDD. “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality of standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purpose of the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner ’s employee, property manager, or property manager ’s employee into different containers for the purpose of collecti on such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.
EEE. “Source Separated Blue Container Organic Waste” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non- Organic Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).
FFF. “Source Separated Green Container Organic Waste” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator excluding hazardous wood waste, and Non-Compostable Paper.
GGG. “Source Separated Recyclable Materials” means Source Separated Non- Organic Recyclables and Source Separated Blue Container Organic Waste.
HHH. “Subcontractor” means the individual, partnership, or corporation or other legal entity entering into a contract with the contractor to perform a portion of the work.
III. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Supermarket
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food Service Provider
4. Food Distributor
5. Wholesale Food Vendor
JJJ. “Tier Two Commercial Edible Food Generator” means Commercial Edible Food Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site Food Facility and 200 or more rooms.
3. Health facility with an on-site Food Facility and 100 or more beds.
4. Large Venue consisting of a permanent venue facility that annually seats or serves an average of mor e than 2,000 individuals within the grounds of the facility per day of operation.
5. Large Event including, but not limited to, a sporting event, a flea market or a festival, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on-site Food Facility.
KKK. “Transfer station/resource recovery facility” means and includes those facilities utilized to receive solid wastes, temporarily store, separate, convert or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport to their final place of disposition.
13.16.020 Required services—Exceptions.
A. Every person owning or occupying residential or commercial premises within the city limits shall utilize the refuse collection and transportation services of the contractor for which the city has contracted, and shall pay the fees for those services as set by the city. Each owner or occupier of residential or commercial property shall directly arrange with the city or its designee for the provision of services. The city may cause to be removed, at the expense of the owner or occupier of any premises, any refuse not collected due to the failure or refusal of the owner or occupier of the premises to arrange or pay for the contractor’s services.
B. Exceptions. Notwithstanding any other provision of this chapter, any person or firm may apply to the city for a permit, for which a fee may be charged, to transport and dispose of refuse accumulated or generated on the pre mises, utilizing his or its own vehicles and equipment. Any such permit shall require that all vehicles used to transport refuse shall be constructed, maintained and operated so that liquids or refuse will not blow, fall, sift or leak, and shall be maintai ned to prevent unnecessary noise.
The permittee shall pick up any refuse dropped or deposited in the process of transporting it to the disposal site. Nothing in this paragraph shall be construed to mean any customer may undertake refuse collection, transportation or disposal services for any other person or firm under any circumstances.
13.16.030 Contract for refuse collection and transportation.
The city has the exclusive right and duty to collect and transport refuse within the city limits, under such terms and conditions as it deems necessary for the public health, safety and well - being; and it may contract with a contractor for the provision of those services.
13.16.040 All requests for service to be met.
The contractor shall provide refuse collection and transportation services to all customers within the area specified in its contract except for industrial waste. The contractor shall not be required to service oversized, overweight or unsafe containers, or to remove hazardous waste, or to remove waste where it is unsafe to do so.
13.16.050 Placement of containers.
A. Residential. Residential customers utilizing refuse carts shall place containers in the gutter immediately adjacent to the curb or other areas as approved by the public works director. All containers must be placed in a location readily accessible to the contractor, free of obstacles. The placement shall also not impede pedestrian (including wheelchair) sidewalk access. Containers shall be maintained in accordance with Lodi Municipal Code Title 17 — Development Code — Chapter
17.14, “General Property Development and Use Standards, ” Section 17.14.090, “Solid Waste Collection and Storage Areas.” Failure to meet any of these conditions shall constitute cause for the contractor’s refusal to perform collection services. The contractor shall, after collection, ret urn containers/carts to the location from which they were collected.
B. Commercial. Commercial customers shall place refuse in a location on their premises in an approved location that is readily accessible to the contractor ’s collection vehicles, and tha t has received the contractor ’s prior approval as conforming to its specifications and requirements for refuse container facilities. The contractor shall make such specifications and requirements available upon request by a customer.
Failure to place containers in an approved location shall constitute cause for the contractor’s refusal to perform refuse services.
C. Any gate to the container storage area must be maintained by the property owner in good working condition, and shall be left unlocked on the r egularly scheduled collection day. Any animals shall be restrained. Ashes must be cold and bagged, and animal droppings must be bagged in a nonpermeable material.
13.16.060 Refuse collection and transportation restricted.
Except as provided in this chapter, at any time when there is a contract in force between the city and any contractor, it shall be unlawful for any person other than the contractor to collect or transport refuse within the city limits.
This section shall not be construed to prevent customers from hauling occasional loads of refuse from their own premises to a legal point of disposal.
13.16.070 Limitation on transfer of contract.
No contract entered into pursuant to the provisions of this chapter shall be assigned without prior consent of the city.
13.16.080 Container maintenance.
It shall be the responsibility of the customer to maintain contractor furnished carts/containers in a safe and sanitary condition. The contractor shall be responsible for keeping them in good repair, free from sharp or rough edges, jagged surfaces or other hazards likely to cause injury. All refuse containers shall be tightly covered.
13.16.090 Hazardous materials.
No person shall deposit in any container used for refuse any explosive or highly flammable, radioactive, toxic or other hazardous material or substance as defined by state and/or federal law.
Created: 2021-09-23 10:50:16 [EST]
(Supp. No. 57)
However, special arrangements may be made with the contractor for removal of such hazardous material if the contractor provides such service. The contractor is under no obligation to remove hazardous waste.
13.16.100 Billing and collection of fees.
The director of finance is designated as the collector of all refuse fees or charges. Each month, he/she shall bill every person producing refuse removed by the city or its contractor and adding the amount of such refuse collection fee or charge to such person’ s water or electric bill, or, if such person has not incurred bills for water or electricity, by billing them for refuse collection alone. If the bill is not timely paid as required within this chapter, the water service and/or the electric service and/or the refuse service to such delinquent customer may be discontinued.
Penalties and rules pertaining to payment of water and electric bills and to discontinuance and renewal of water and electric service shall apply to refuse service. It shall be the contractor ’s responsibility to notify the city of billing for services to and collecting fees from customers for whom it performs services on other than a regularly scheduled service.
13.16.110 Monthly rates.
The city shall establish by resolution of the city council a schedule of rates to be charged for the collection and trans portation of refuse within the city limits. Upon adoption, such schedule shall be published once in the Lodi News Sentinel or a newspaper of general circulation within the city. Such schedule shall set the rates for refuse collection and refuse permits.
13.16.120 Burning or burial.
It is unlawful for any person to burn or bury within the city any refuse, or to place or deposit upon any street, alley, place or vacant lot, any of the materials included in the definition of the word “refuse” in Section 13.16.010.
13.16.130 Unlawful deposit.
A. It is unlawful for any person to throw into or deposit upon any public street, highway or gro unds, or in any gutter or ditch, or upon any private premises, or anywhere except in such places as may be designated for such purposes by the city, any glass, broken ware, dirt, rubbish, refuse or filth; nor shall any rubbish, refuse or filth be allowed to remain upon any private premises.
B. Any refuse, dirt, rubbish, soot, ashes, cinders or filth of every kind in any house, cellar, yard or any other place, which the city or other legally authorized health officer, for the health of the city, deems neces sary to be removed, shall be carried away therefrom by and at the expense of the owner or occupant of such house or any place where the same may be found, and removed beyond the corporate limits or to such place as may be designated by the city or other legally authorized health officer.
13.16.140 Removal of recyclable material prohibited.
It is unlawful and an infraction for any person, other than the city’s designated contractor, to remove or collect recyclable or salvageable materials placed by any person in a bag or container labeled for use in connection with a recycling program operated by the contractor.
Created: 2021-09-23 10:50:16 [EST]
(Supp. No. 57)
13.16.150 Industrial waste collection and transportation restricted.
Except as provided in this chapter and on the conditions contained herein, it shall be unlawful for any person or firm to collect or transport industrial waste within the city limits of Lodi. The term “industrial waste” shall not include recyclable materials when such materials are segregated from other types of waste, as defined in this chapter.
13.16.160 Permit required.
A. No person or firm shall engage in the collection or transportation of industrial waste within the city without first obtaining from the finance department a nonexclusive permit for such activities and paying an annual permit fee in an amount to be set from time to time by resolution of the city council, adopted pursuant to this article. Such permit fee shall be in addition to any other annual business license fees or franchise fees. The city council finds and declares that such fee is necessary and proper t o defray the costs of required monitoring, accounting and recordkeeping in order to comply with state solid waste management statutes including, but not limited to, Public Resources Code Section 40000 et seq.
B. Permittees under this article shall be required to furnish to the city the following:
1. A certificate of insurance for vehicle and general liability in an amount not less than one million dollars, plus proof of Workers Compensation coverage;
2. Proof of inspection by the California Highway Patrol and/or the San Joaquin County health department of all vehicles used for the hauling of industrial waste;
3. A bond or suitable guarantee for potential defaults or failures to pay franchise fee in an amount to be determined by the finance director.
13.16.170 Franchise fee.
All persons or firms engaged in the collection or transportation of i ndustrial waste shall pay to the city an annual franchise fee equivalent to 4.8 percent of the gross revenues for such collection and/or transportation.
13.16.180 Industrial waste—Processing through materials recovery facility (MRF).
All persons and firms engaged in the collection and transportation of industrial waste shall channel all such waste through a materials recovery facility (MRF) licensed by the state of California. Such MRF may be located inside or outside the city. It shall be the responsibility of the licensee to provide to the city on a quarterly basis all data and information on the waste stream volume required under state solid waste reduction statutes. Failure to provide such information may result in revocation of any permit issued under this division.
13.16.190 Transport by generator of industrial waste—Exemption.
Any person or firm generating industrial waste as defined in this chapter may choos e to transport its own waste for disposal on the following conditions:
A. Self-hauler shall obtain a permit from the city, for which no fee will be charged;
B. All self-hauled industrial waste shall be channeled through a state-licensed materials recovery facility (MRF);
C. No waste of any nature from any source other than industrial waste generated by the self-hauler may be transported under this section.
13.16.200 Single-Family Organic Waste Generators
With the exception of Single-Family Generators that meet the Self-Hauler requirements in Section 13.16.260 of this chapter, a Single-Family Organic Waste Generator shall:
A. Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in S ubsection (b). City shall have the right to review the number and size of a generator ’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City.
B. Shall participate in the Jurisdiction’ s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
C. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
13.16.210 Commercial Businesses
Generators that are Commercial Businesses, including Multi -Family Residential Dwellings, shall:
A. Subscribe to City-approved collection services and comply with requirements of those services as described below in S ubsection (b), except Commercial Businesses that meet the Self -Hauler requirements in Section 13.16. 260 of this chapter. City shall have the right to r eview the number and size of a generator ’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shal l adjust their service level for their collection services as requested by the City.
B. Place designated materials in designated containers in accordance with the Collector’s collection system. Generator shall not place Prohibited Container Contaminants in collection containers. Self-haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.
C. Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors, consistent with their Collector ’s collection system. If self -hauling, such labels or colors shall be consistent with Commercial Business ’ instructions to support its compliance with its self -haul program, in accordance with Section 13.16.260.
D. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business.
E. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi -Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses ’ instructions to support its compliance with its self - haul program in accordance with Section 13.16.260.
F. Annually provide information to employees, contractors, tenants, and customers about Organic Waste recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials.
G. Provide education information prior to or within fourteen (14) days of occupation of the premises to new tenants that describe the requirements to keep Prohibited Container Contaminants out of all containers in accordance with the Collector ’s collection system.
H. Provide or arrange access f or City or its Designee to their properties during all Inspections conducted in accordance with Section 13.16.270 of this chapter I. Accommodate and cooperate with a Remote Monitoring program, which may be implemented by the City or its Designee at a later date. Such program shall be used to inspect content of containers for Prohibited Container Contaminants.
J. Meet the Self-Hauler requirements in Section 13.16.260 of this chapter, if a Commercial Business determines to self-haul.
13.16.220 Waivers for Generators
A. De Minimis Waivers:
The City may waive a Commercial Business’ obligation to comply with some or all of the Organic Waste requirements of this chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Subsection (a)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
1. Submit a City -approved application specifying the services that they are requesting a waiver from and provide documentation as noted in Subsection (a)(2) below.
2. Provide documentation that either:
a) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comp rises less than 20 gallons per week per applicable container of the business ’s total waste; or
b) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business ’ total waste.
3. Notify City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
4. Provide written verification of eligibility for de minimis waiver every 5 years if City has approved de minimis waiver.
B. Physical Space Waiver:
A Commercial Business or property owner may request a physical space waiver through the following process:
1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed Engineer.
3. Provide written verification to City that it is still eligible for physical space waiver every five years, it City has approved application for a physical space waiver.
C. Collection Frequency Waiver:
City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the City’s Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week.
D. All waivers for Generators shall be submitted in writing in a City -approved format and are subject to review and approval by Public Works.
13.16.230 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Com mercial Edible Food Generators must comply commencing January 1, 2024.
B. Large Venue of Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
4. Allow Jurisdiction’s designated enforcement entity or designated third party enforcement entity to access the premises and review records.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contract or written agreements established under 14 CCR Section 18991.3(b).
13.16.240 Requirements for Food Recovery Organizations and Services A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain records as specified by 14 CCR Section 18991.5(a)(1).
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b) , shall maintain records as specified by 14 CCR Section 18991.5(a)(2).
13.16.250 Requirements for Haulers and Facility Operators A. Requirements for exclusive franchised hauler or permitted hauler:
1. An exclusive franchised hauler or permitted hauler providing residential, Commercial, or industrial Organic Waste collection services to generators
within the City ’s boundaries shall comply with all collection requirements contained in SB 1383 regulations.
2. The exclusive franchised hauler or permitted hauler shall:
a. Obtain written approval from City to collect Organic Waste within the City, pursuant to 14 CCR Section 18988.2. An exclusive solid waste collection contract shall constitute as written approval from the City to haul Organic Waste. For permitted haulers, a City approved permit shall constitute as written approval from the City to haul Organic Waste.
b. Through written notice to the City annually on or before April 1st of each year, identify the facilities to which they will transport Org anic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organics Waste.
c. Transport Source Separated Recyclable Materials, Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
B. Requirements for Facility Operators and Community Composting Operations:
1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in- vessel digestion facilities, and publicly -owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, oper ations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
2. Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City Shall respond within 60 days.
13.16.260 Self-Haulers
A. Self-Haulers shall source separate all recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self - Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
C. Self-Haulers that are Commercial Businesses (including Multi -Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers
Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the generator to each entity.
3. If the material is transported to an entity that does not have scales on- site, or employs scales incapable of weighing the Self -Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self- Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
D. A residential Organic Waste Generator that self -hauls Organic Waste is not required to record or report information as required in Subsection (c) above.
13.16.270 Inspections and Investigations by City or its Designees A. City representatives and its Designees are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility to confirm compliance with this chapter. This shall apply to Organic Waste Generators, Commercial Businesses, property owners, Permitted Collectors, and Self-Haulers, subject to applicable laws.
This Section does not allow City to enter the interior of a private residential property for Inspection.
B. Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City ’s employees or its Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for access to an entity ’s premises or access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described.
13.16.280 Enforcement
A. With the exception of Prohibited Container Contaminants violations, violation of any provision of this chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Officer. Enforcement actions under this chapter are issuance of a citation and assessment of a fine. Said procedures and fines, as modified from time to time, shall govern the imposition, enforcement, collection, and review of citations issued to enforce this chapter, except as otherwise indicated in this chapter.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may purse civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
C. Responsible Entity for Enforcement - Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official, or their Designee, City legal counsel , or a combination thereof.
D. Process for Enforcement
1. The City and/or their Designee will monitor compliance with this chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring).
2. For incidences of Prohibited Container Contaminants found in containers, City or its Designee will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag immediately upon identification of the Prohibited Container Contaminants, or by other communication within 14 days after determining that a violation has occurred.
3. With the exception of violations of generator contamination contents addressed under S ubsection (d) (2) above, City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties via a citation and fine pursuant to Subsection (e) below.
E. Civil Penalties for Violation
The penalty levels are as follows:
1. For a first Notice of Violation, the amount of the civil penalty shall be $50 per violation.
2. For a second Notice of Violation, the amount of the civil penalty shall be $100 per violation.
3. For a third or subsequent Notices of Violation, the amount of the civil penalty shall be $250 per violation.
F. Compliance Deadline Extensions
The City Enforcement Officer or their Designee, at their sole discretion, may extend the compliance deadlines set forth in a Notice of Violation if it finds that extenuating circumstances exist that make compliance within the deadlines impracticable.
G. Appeals Process
Persons receiving a c itation containing a penalty for an uncorrected violation may request a hearing to appeal the citation in accordance with Chapter 1.10. A hearing shall be held only if it is requested within the time prescribed and consistent with the City’s procedures in the City’s codes for appeals of citations. Evidence may be
presented at the hearing. The City shall appoint a hearing officer who shall conduct the hearing and issue a final written order.
H. Education Period for Non-Compliance
Beginning January 1, 20 22 and through December 31, 2023, City or its Designee shall conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this chapter. If City or its Designee tha t an entity is not in compliance, City or its Designee shall provide educational materials to the entity describing its obligations under this chapter and that violations may be subject to civil penalties starting on January 1, 2024.
I. Penalties for Non-Compliance
Beginning January 1, 2024, if the City or its Designee determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcem ent Action pursuant to this Section 13.16.260.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. 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 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 1
st day of June, 2022
___________________________________
MARK CHANDLER
Mayor
Attest:
OLIVIA NASHED
City Clerk
================================================================ State of California
County of San Joaquin
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2002 was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held June 1, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES; COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2002 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.
OLIVIA NASHED
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney