Cummulative pension set aside (15,198,535)
Fund balance (budgetary basis) 23,765,515$
Bu
dgeted Amounts
CITY OF LODI
General Fund
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
See accompanying notes to the required supplementary information. 106
Variance with
Original Final Actual Final Budget
REVENUES
Intergovernmental revenues 5,586,680 $ 6,999,140$ 6,417,449$ (581,691)$ Charges for services 1,168,610 1,168,610 1,463,094 294,484 Investment income 146,660 146,660 (450,865) (597,525) Miscellaneous revenue 35,000 35,000 139,016 104,016 Total revenues 6,936,950 8,349,410 7,568,694 (780,716)
EXPENDITURES
Current:
Public works 2,893,770 3,011,355 2,901,344 110,011 Capital outlay 2,895,000 6,138,718 1,994,329 4,144,389 Total expenditures 5,788,770 9,150,073 4,895,673 4,254,400 Excess (deficiency) of revenues over
expe
nditures 1,148,180 (800,663) 2,673,021 3,473,684 OTHER FINANCING SOURCES (USES)
Transfers in 258,620 520,620 541,330 20,710 Proceeds from sale of property ‐ ‐ 1,461 1,461 Total other financing sources (uses) 258,620 520,620 542,791 22,171 Net change in fund balance 1,406,800 (280,043) 3,215,812 3,495,855$ FUND BALANCES, BEGINNING OF YEAR 14,133,853 14,133,853 14,133,853 FUND BALANCES, END OF YEAR 15,540,653$ 13, 853,810$ 17,349,665 Basis adjustment:
Cummulative pension set aside (294,423)
Fund balance (budgetary basis) 17,055,242$
Budgeted Amounts
CITY OF LODI
Streets
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
See accompanying notes to the required supplementary information. 107
CITY OF LODI
Notes to the Required Supplementary Information
June 30, 2022
Budgetary Data
The City adopts an annual budget for the General Fund and special revenue funds. These budgets are prepared in accordance with generally accepted accounting principles with the exception of deposits into the pension stabilization account that the City budgeted for as expenditures in the General Fund; Streets; Parks, Recreation, and Community Services; and Community Development funds. As part of th
e City’s internal controls, the City maintains budgetary controls. The objective of these budgetary controls is to ensure compliance with the legal provisions embodied in the annual appropriated budget approved by the City Council. The budgetary comparison schedules present budget and act ual data only of funds for which an annual budget was adopted. The budgets for capital projects are primarily "long‐term" budgets that emphasize the major programs and capital project plans extending over a number of years. Due to the long‐term nature of these projects, "annual" budget and actual comparisons are not considered meaningful. Formal budget ary integration is not employed for debt service funds since effective budgetary control is alternatively achieved through the bond indenture provisions. Accordingly, no budgetary information is included in the combining and individual fund statements and schedules for capital projects and debt service funds.
The City Council follows the following pro
cedures in establishing the budgetary data reflected in the accompanying required supplementary information and in the budgetary comparison schedules for nonmajor special revenue funds:
Original Budget
On or prior to the first regular Council meeting in June of each year, the City Manager submits to the City Council a proposed Finan
cial Plan and Budget for the fiscal year commencing July 1. The budget includes proposed expenditures and the means of financing them.
Budgeted revenues are adopted by the City Council at the time the budget is approved. Budgeted revenues are modified when the tax base changes, whe n fees are modified or when new revenue sources are identified.
Public hearings are conducted during meetings of the City Council to obtain citizens' comments. Prior to July 1, the budget is legally enacted through passage of a resolution.
Final Budget
The final budgetary data presented in the required supplementary information and in the bu dgetary comparison schedules
for nonmajor special revenue funds reflects the following changes to the original budget:
Budgeted expenditures represent original appropriations adjusted by budget transfers and appropriation amendments. The legal level of budgetary control (that is, the level at which expenditures cannot legally exceed the appropriated amount
) is at the department level. The operating budget is prepared and controlled at the department level (e.g., city clerk, city manager, etc.) for the General Fund. Special revenue fund expenditures, including transfers out, are approved by Council at the fund level.
The City Manager may transf er appropriations from one activity to another within a department without approval from the City Council. All other appropriation adjustments during the year, whether transfers, increases or decreases, require City Council approval.
Pension Set Aside
The City has invested in the Public Agency Retirement Services (PARS) for the PARS Public Agency Post‐Employment Ben efit
Trust. The trust is to be used only for the payment of such post‐employment benefits for retirees. This amount is restricted in the applicable funds for this purpose.
108
Combining &
Individual
Fund
Statements &
Schedules
109
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110
Nonmajor Governmental Funds include:
Special Revenue Funds account for the proceeds
of specific revenue sources that are restricted or
committed by law or administrative action to
expenditures for specified purposes, other than
those for major capital projects;
Debt Service Fund account for the accumulation
of resources for the repayment of principal and
interest on general long-term debt;
Capital Projects Funds account for the financial
resources to be used for the acquisition or
construction of major capital facilities, other than
those financed by proprietary funds.
Nonmajor
Governmental
Funds
111
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112
Special revenue funds Capital projects funds Debt service funds Total Other
Governmental Funds
ASSETS
Cash and investments 7,641,172 $ 22,848,519$ ‐ $ 30,489,691$ Restricted cash and investments 855,032 15,013,351 ‐ 15,868,383 Accounts receivable, net 123,366 400 ‐ 123,766 Interest receivables 7,129 14,051 ‐ 21,180 Lease receivables 47,344 ‐ ‐ 47,344 Prepaid 2,015 ‐ ‐ 2,015 Due to other funds 1,978,118 ‐ ‐ 1,978,118 Home loan receivable 35,572 ‐ ‐ 35,572 Due from other gove
rnmental agencies 2,198,981 ‐ ‐ 2,198,981 Inventory 4,500 ‐ ‐ 4,500 Total assets 12,893,229$ 37,876,321$ ‐$ 50,769,550$
LIABILITIES
Accounts payable and other liabilities 564,185$ 492,270$ ‐$ 1,056,455$ Accrued salaries and wages 63,639 ‐ ‐ 63,639 Due to other funds 1,978,118 ‐ ‐ 1,978,118 Unearned revenue 43,520 ‐ ‐ 43,520 Total liabilities 2,649,462 492,270 ‐ 3,141,732 DEFERRED INFLOWS OF RESOURCES
Unavailable r
evenue 35,572 1,170 ‐ 36,742 Leases 43,525 ‐ ‐ 43,525 Total deferred inflows of resources 79,097 1,170 ‐ 80,267 FUND BALANCES
Nonspendable
Inventory 4,500 ‐ ‐ 4,500 Prepaid 2,015 ‐ ‐ 2,015 Restricted
Road‐related projects 111,620 ‐ ‐ 111,620 Public safety 336,052 ‐ ‐ 336,052 Home and CDBG program 10,338 ‐ ‐ 10,338 Community development 8,092,813 ‐ ‐ 8,092,813 Capital projects ‐ 27,139,208 ‐ 27,139,208 Pensi
on 855,032 ‐ ‐ 855,032 Speical assessments 343,124 ‐ ‐ 343,124 Committed
Parks, recreation and community services 409,176 ‐ ‐ 409,176 Assigned
Capital projects ‐ 10,243,673 ‐ 10,243,673 Total fund balances 10,164,670 37,382,881 ‐ 47,547,551
Total liabilities and fund balances 12,893,229$ 37,876,321$ ‐$ 50,769,550$ CITY OF LODI
Combining Balance Sheet
Nonmajor Governmental Funds
Summary by Fund Type
June 30, 2022
113
Special revenue funds Capital projects funds Debt service funds Total Other
Governmental Funds
REVENUES
Licenses and permits 2,487,420 $ ‐ $ ‐ $ 2,487,420$ Developer impact fees ‐ 2,592,177 ‐ 2,592,177 Intergovernmental revenues 4,850,500 ‐ ‐ 4,850,500 Charges for services 3,379,467 ‐ ‐ 3,379,467 Investment and rental income 239,460 (609,275) ‐ (369,815) Miscellaneous revenue 72,707 41,499 ‐ 114,206 Total revenues 11,029,554 2,024,401 ‐ 13,053,955
EXPENDITURES
Current:
General government 2,747,303 545,613 ‐ 3,292,916 P
ublic protection 110,540 ‐ ‐ 110,540 Public works 896,301 ‐ ‐ 896,301 Community development 2,306,181 ‐ ‐ 2,306,181 Parks and recreation 3,144,921 ‐ ‐ 3,144,921 Capital outlay 3,850,127 1,998,785 ‐ 5,848,912 Debt service:
Interest 2,867 252 661,984 665,103 Principal retirement 83,673 13,301,750 1,020,000 14,405,423 Total expenditures 13,141,913 15,846,400 1,681,984 30,670,297 Excess (deficiency) of revenues over
expenditures (2,112,359) (13,821,999) (1,681,984) (17,616,342) OTHE
R FINANCING SOURCES (USES)
Transfers in 6,810,195 12,682,440 1,679,745 21,172,380 Transfers out (2,749,900) ‐ ‐ (2,749,900) Bond procceeds ‐ 28,884,344 ‐ 28,884,344 Total other financing sources (uses) 4,060,295 41,566,784 1,679,745 47,306,824 Net change in fund balances 1,947,936 27,744,785 (2,239) 29,690,482 Fund balances ‐ beginning 8,216,734 9,638,096 2,239 17,857,069 Fund balances ‐ ending 10,164,670$ 37,382,881$ ‐$ 47,547,551$ CITY OF LODI
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Governmental Funds
Summary by Fund Type
For the Year Ended June 30, 2022
114
Nonmajor
Special
Revenue
Funds
Parks, Recreation, and Community Services
This fund was established to account for the revenues and expenditures related to the activities of the Hutchins Street Square and Performing Arts Theater and the wide-range of parks and recreation activities and programs offered to the public.
Public Safety
This fund was established to account for the revenues and expenditures related to the City's share of property forfeited by persons convicted of possession and selling illegal drugs and the State of California auto theft prosecution monies along with State and Federal grants related to public safety operations.
Community Development
This fund was established to account for development planning and project review services including land use entitlements, permit processing and review/inspection of public improvements to ensure orderly physical growth and development of the City.
Transportation
This fund was established to account for the receipt of monies from the State of California apportioned to the City for transportation purposes. The State has designated 1/4% of the 6% sales tax levied statewide for local transportation purposes.
Funding for this program was provided during the 1971 legislative session with the enactment of the Transportation Development Act, which extended the 6% sales tax to include purchases of gasoline. Revenues allocated to the City of Lodi under this program are divided into two categories: Article 8 funds, which are restricted for the improvement and maintenance of street systems; and Article 4 funds, which are restricted for public transit systems.
Special Assessment Fund
This was established to account for special assessments collected in the property tax roll by the City on behalf of the property owners within the Industrial Way Beckman districts and the Downtown and Cherokee Lane districts.
HOME Program and Community Development Block Grant
This fund was established to account for the City's HOME Program that provides adequate and affordable housing for low and very low-income residents, and Community Development Block Grants provided to the City principally for low and moderate income residents to develop a suitable living environment and expand economic opportunities.
115
Parks, Recreation &
Community Services Public Safety
Community
Development
ASSETS
Cash and investments 731,374$ 335,739$ 6,194,500$ Restricted cash and investments 541,977 ‐ 313,055 Accounts receivables, net 43,421 ‐ ‐ Due from other funds ‐ ‐ 1,978,118 Prepaid 2,015 ‐ ‐ Interest receivables 1,284 513 5,091 Lease receivable 47,344 ‐ ‐ Home loan receivable ‐ ‐ ‐ Due from other governmental agencies ‐ ‐ ‐ Inventory 4,500 ‐ ‐ Total asset
s 1,371,915$ 336,252$ 8,490,764$
LIABILITIES
Accounts payable and other liabilities 278,973$ ‐$ 69,686$ Accrued salaries and wages 48,229 200 15,210 Due to other funds ‐ ‐ ‐ Unearned revenue 43,520 ‐ ‐ Total liabilities 370,722 200 84,896 DEFERRED INFLOWS OF RESOURCES
Unavailable revenue ‐ ‐ ‐ Leases 43,525 ‐ ‐ Total deferred inflow of resources 43,525 ‐ ‐ Total liabilities and deferred inflow
s of
resources 414,247 200 84,896 FUND BALANCES
Nonspendable
Inventory 4,500 ‐ ‐ Prepaid 2,015 ‐ ‐ Restricted
Road‐related projects ‐ ‐ ‐ Public safety ‐ 336,052 ‐ Home and CDBG program ‐ ‐ ‐ Community development ‐ ‐ 8,092,813 Pension 541,977 ‐ 313,055 Special assessments ‐ ‐ ‐ Committed
Parks, recreation and community services 409,176 ‐ ‐ Total fund balances 957,668 336,052 8,405,868 Total liabilities, deferred inflo
ws of resources and
fund balances 1,371,915$ 336,252$ 8,490,764$ Nonmajor Special Revenue Funds
Combining Balance Sheet
CITY OF LODI
June 30, 2022
116
Transportation Special Assessments
HOME Program and
Community
Development Block
Grants
Total Nonmajor
Special Revenue Funds
ASSETS
Cash and investments 36,619$ 342,940$ ‐$ 7,641,172$ Restricted cash and investments ‐ ‐ ‐ 855,032 Accounts receivables, net 79,945 ‐ ‐ 123,366 Due from other funds ‐ ‐ ‐ 1,978,118 Prepaid ‐ ‐ ‐ 2,015 Interest receivables ‐ 184 57 7,129 Lease receivable ‐ ‐ ‐ 47,344 Home lo
an receivable ‐ ‐ 35,572 35,572 Due from other governmental agencies ‐ ‐ 2,198,981 2,198,981 Inventory ‐ ‐ ‐ 4,500 Total assets 116,564$ 343,124$ 2,234,610$ 12,893,229$
LIABILITIES
Accounts payable and other liabilities 4,944$ ‐$ 210,582$ 564,185$ Accrued salaries and wages ‐ ‐ ‐ 63,639 Due to other funds ‐ ‐ 1,978,118 1,978,118 Unearned revenue ‐ ‐ ‐ 43,520 Tota
l liabilities 4,944 ‐ 2,188,700 2,649,462 DEFERRED INFLOWS OF RESOURCES
Unavailable revenue ‐ ‐ 35,572 35,572 ‐ ‐ ‐ 43,525 Total deferred inflow of resources ‐ ‐ 35,572 79,097 Total liabilities and deferred inflows of resources 4,944 ‐ 2,224,272 2,728,559 FUND BALANCES
Nonspendable
Inventory ‐ ‐ ‐ 4,500 Prepaid ‐ ‐ ‐ 2,015 Restricted
Road‐related projects 111,620 ‐ ‐ 111,620 Public safe
ty ‐ ‐ ‐ 336,052 Home and CDBG program ‐ ‐ 10,338 10,338 Community development ‐ ‐ ‐ 8,092,813 Pension ‐ ‐ ‐ 855,032 Special assessments ‐ 343,124 ‐ 343,124 Committed
Parks, recreation and community services ‐ ‐ ‐ 409,176 Total fund balances 111,620 343,124 10,338 10,164,670 Total liabilities, deferred inflows of resources and
fund balances 116,564$ 343,124$ 2,234,610$ 12,893,229$
June 30, 2022
Nonmajor Special Revenue Funds
Combining Balance Sheet (Continued)
CITY OF LODI
117
Parks, Recreation &
Community Services Public Safety
Community
Development
REVENUES
Licenses and permits ‐$ ‐ $ 2,487,420$ Intergovernmental revenues 122,019 782,181 83,101 Charges for services 1,661,040 ‐ 1,687,629 Investment and rental income 425,581 (16,082) (238,670) Miscellaneous revenue 39,782 ‐ 32,925 Total revenues 2,248,422 766,099 4,052,405
EXPENDITURES
Current:
General government 2,651,019 50,690 ‐ Public protection ‐ 110,540 ‐ Public works ‐ ‐ ‐ Community development ‐ ‐ 2,306,181 Pa
rks and recreation 3,144,921 ‐ ‐ Capital outlay 1,431,613 ‐ ‐ Debt service:
Principal retirement ‐ 83,673 ‐ Interest ‐ 2,867 ‐ Total expenditures 7,227,553 247,770 2,306,181 Excess (deficiency) of revenues over
expenditures (4,979,131) 518,329 1,746,224 OTHER FINANCING SOURCES (USES)
Transfers in 6,810,195 ‐ ‐ Transfers out (2,336,190) (347,440) (66,270) Total other financing sources (uses) 4,474,005 (347,440) (66,270) Net change in fund balances (505,126) 170,889 1,679,954 Fund bal
ances ‐ beginning 1,462,794 165,163 6,725,914 Fund balances ‐ ending 957,668$ 336,052$ 8,405,868$ For the Year Ended June 30, 2022
Nonmajor Special Revenue Funds
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances CITY OF LODI
118
Transportation Special Assessments
HOME Program and
Community
Development Block
Grants
Total Nonmajor
Special Revenue Funds
REVENUES
Licenses and permits ‐$ ‐ $ ‐ $ 2,487,420$ Intergovernmental revenues 79,945 33,785 3,749,469 4,850,500 Charges for services ‐ ‐ 30,798 3,379,467 Investment and rental income (508) (7,975) 77,114 239,460 Miscellaneous revenue ‐ ‐ ‐ 72,707 Total revenues 79,437 25,810 3,857,381 11,029,554
EXPENDITURES
Current:
General government ‐ 45,594 ‐ 2,747,303 Pu
blic protection ‐ ‐ ‐ 110,540 Public works ‐ ‐ 896,301 896,301 Community development ‐ ‐ ‐ 2,306,181 Parks and recreation ‐ ‐ ‐ 3,144,921 Capital outlay 53,048 ‐ 2,365,466 3,850,127 Debt service:
Principal retirement ‐ ‐ ‐ 83,673 Interest ‐ ‐ ‐ 2,867 Total expenditures 53,048 45,594 3,261,767 13,141,913 Excess (deficiency) of revenues over
expenditures 26,389 (19,784) 595,614 (2,112,359) OTHER FINANCI
NG SOURCES (USES)
Transfers in ‐ ‐ ‐ 6,810,195 Transfers out ‐ ‐ ‐ (2,749,900) Total other financing sources (uses) ‐ ‐ ‐ 4,060,295 Net change in fund balances 26,389 (19,784) 595,614 1,947,936 Fund balances ‐ beginning 85,231 362,908 (585,276) 8,216,734 Fund balances ‐ ending 111,620$ 343,124$ 10,338$ 10,164,670$ CITY OF LODI
For the Year Ended June 30, 2022
Nonma
jor Special Revenue Funds
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued) 119
Variance with
Original Final Actual Final Budget
REVENUES
Charges for services 1,906,090 1,913,590$ 1,661,040$ (252,550)$ Intergovernmental revenues 1,952,020 1,952,020 122,019 (1,830,001) Investment and rental income 288,960 288,960 425,581 136,621 Miscellaneous revenue 27,500 36,300 39,782 3,482 Total revenues 4,174,570 4,190,870 2,248,422 (1,942,448)
EXPENDITURES
Current:
General government 3,010,080 3,010,080 2,651,019 359,061 Parks and recreation 3,150,660 3,354,521 3,144,921 209,600 Capital Outlay 212,440 2,049,258 1,431,613 617,645 Total expenditures 6,373,180 8,413,859 7,227,553 1,186,306 EXCESS (
DEFICIENCY) OF REVENUES OVER
(UNDER) EXPENDITURES (2,198,610) (4,222,989) (4,979,131) (756,142) OTHER FINANCING SOURCES (USES)
Transfers in 4,228,830 6,810,195 6,810,195 ‐ Transfers out (2,336,190) (2,336,190) (2,336,190) ‐ Total other financing sources (uses) 1,892,640 4,474,005 4,474,005 ‐ Net changes in fund balance (305,970) 251,016 (505,126) (756,142)$ FUND BALANCES, BEGINNING OF YEAR 1,462,794 1,462,794 1,462,794 FUND BALANCES, END OF YEAR 1,156,824$ 1,713,810$ 957,668 Ba
sis adjustment:
Cummulative pension set aside (541,977)
Fund balance (budgetary basis) 415,691$
Budgeted Amounts
CITY OF LODI
Parks, Recreation & Community Services
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
120
Variance with
Original Final Actual Final Budget
REVENUES
Intergovernmental revenues 425,320$ 652,840$ 782,181$ 129,341$ Investment income 4,690 4,690 (16,082) (20,772) Total revenues 430,010 657,530 766,099 108,569
EXPENDITURES
Current:
General government 24,000 54,337 50,690 3,647 Public protection 401,320 662,959 110,540 552,419 Debt service:
Principal retirement 173,080 173,080 83,673 89,407 Interest expense 3,990 3,990 2,867 1,123 Total expenditures 602,390 894,366 247,770 646,596 EXCESS (DEFICIENCY) OF REVE NUES OVER
(UNDER) EXPENDITURES (172,380) (236,836) 518,329 (538,027) OTHER FINANCING (USES)
Transfers out ‐ (347,440) (347,440) ‐ Total other financing (uses) ‐ (347,440) (347,440) ‐ Net change in fund balances (172,380) (584,276) 170,889 (538,027)$ FUND BALANCES, BEGINNING OF YEAR 165,163 165,163 165,163 FUND BALANCES, END OF YEAR (7,217)$ (419,113)$ 336,052$ Budgeted Amounts
CITY OF LODI
Public Safety
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
121
Variance with
Original Final Actual Final Budget
REVENUES
Licenses and permits 1,599,300 $ 1,599,300$ 2,487,420$ 888,120$ Intergovernmental revenues 239,180 239,180 83,101 (156,079) Charges for services 959,500 959,500 1,687,629 728,129 Investment income 61,830 61,830 (238,670) (300,500) Miscellaneous revenue ‐ ‐ 32,925 32,925 Total revenues 2,859,810 2,859,810 4,052,405 1,192,595
EXPENDITURES
Current:
Community development 2,692,770 2,745,270 2,306,181 439,089 Total expenditures 2,692,770 2,745,270 2,306,181 439,089 EXCESS (DEFICIENCY) OF REVENUES OVE R
(UNDER) EXPENDITURES 167,040 114,540 1,746,224 1,631,684 OTHER FINANCING SOURCES (USES)
Transfers out (90,170) (90,170) (66,270) 23,900 Total other financing sources (uses) (90,170) (90,170) (66,270) 23,900 Net change in fund balances 76,870 24,370 1,679,954 1,655,584$ FUND BALANCES, BEGINNING OF YEAR 6,725,914 6,725,914 6,725,914 FUND BALANCES, END OF YEAR 6,802,784$ 6,750,284$ 8,405,868 Basis adjustment:
Cummulative pension set aside ( 313,055)
Fund balance (budgetary basis) 8,092,813$
Budgeted Amounts
CITY OF LODI
Community Development
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
122
Variance with
Original Final Actual Final Budget
REVENUES
Intergovernmental revenues 68,140 $ 68,140$ 79,945$ 11,805$ Investment income 480 480 (508) (988) Total revenues 68,620 68,620 79,437 10,817
EXPENDITURES
Capital outlay 30,000 75,207 53,048 22,159 Total expenditures 30,000 75,207 53,048 22,159 Net change in fund balances 38,620 (6,587) 26,389 32,976$ FUND BALANCES, BEGINNING OF YEAR 85,231 85,231 85,231 FUND BALANCES, END OF YEAR 123,851$ 78, 644$ 111,620$ Budgeted Amounts
CITY OF LODI
Transportation
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
123
Variance with
Original Final Actual Final Budget
REVENUES
Intergovernmental revenues 33,830 $ 33,830$ 33,785$ (45)$ Investment income 4,020 4,020 (7,975) (11,995) Total revenues 37,850 37,850 25,810 (12,040)
EXPENDITURES
General government 76,000 76,000 45,594 30,406 Total expenditures 76,000 76,000 45,594 30,406 Net change in fund balances (38,150) (38,150) (19,784) 18,366$ FUND BALANCES, BEGINNING OF YEAR 362,908 362,908 362,908 FUND BALANCES, END OF YEAR 324,758$ 324, 758$ 343,124$ Budgeted Amounts
CITY OF LODI
Special Assessments
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
124
Variance with
Original Final Actual Final Budget
REVENUES
Intergovernmental revenues 1,842,720 $ 5,997,850$ 3,749,469$ (2,248,381)$ Charges for services ‐ ‐ 30,798 30,798 Investment income 12,420 12,420 77,114 64,694 Total revenues 1,855,140 6,010,270 3,857,381 (2,152,889)
EXPENDITURES
Public works 1,442,070 2,176,100 896,301 1,279,799 Capital outlay ‐ 5,256,325 2,365,466 2,890,859 Total expenditures 1,442,070 7,432,425 3,261,767 4,170,658 Net change in fund balances 413,070 (1,422,155) 595,614 (6,323,547)$ FUND BA
LANCES, BEGINNING OF YEAR (585,276) (585,276) (585,276) FUND BALANCES, END OF YEAR (172,206)$ (2,007,431)$ 10,338$ Budgeted Amounts
CITY OF LODI
HOME Program and Community Development Block Grants
Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual For the Year Ended June 30, 2022
125
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126
Library
This fund is used to account for the acquisition,
construction and installation of capital facilities
for the Library.
Hutchins Street Square
When the old Lodi High School burned down, the
City purchased the property and renamed it
Hutchins Street Square. The Old Lodi High School
Site Foundation was established which organizes
events to raise money for the capital restoration
of Hutchins Street Square.
Capital Outlay Reserve
This fund was established to account for the
entire City's construction projects and capital
purchases in excess of $10,000 with the exception
of those funded through Enterprise Funds.
Financing is provided primarily through transfers
from other funds, impact fees, and State and
Federal grants.
Nonmajor
Governmental
Funds Capital
Project Funds
Parks Capital
This fund was established to account for the
acquisition, construction and installation of
capital facilities for the various City parks.
127
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128
Library Hutchins Street Square
ASSETS
Cash and investments 101,382$ 1,185$ Restricted cash and investments ‐ ‐ Accounts receivables, net ‐ ‐ Interest receivables 61 1 Total assets 101,443$ 1,186$
LIABILITIES
Accounts payable and other liabilities ‐$ ‐$ Total liabilities ‐ ‐ DEFERRRED INFLOWS OF RESOURCES
Unavailable revenue ‐ ‐ Total deferred inflows of resources ‐ ‐ FUND BALANCES
Assigned
Capital projects 101,443 1,186
Restr
icted
Capital projects ‐ ‐ Total fund balances 101,443 1,186 Total liabilities, deferred inflows of
resources and fund balances 101,443$ 1,186$ June 30, 2022
CITY OF LODI
Combining Balance Sheet
Nonmajor Capital Projects Funds
129
Capital Outlay Reserve Parks Capital
Total Nonmajor Capital
Projects Funds
ASSETS
Cash and investments 14,275,134 $ 8,470,818$ 22,848,519$ Restricted cash and investments 15,013,351 ‐ 15,013,351 Accounts receivables, net ‐ 400 400 Interest receivables 8,693 5,296 14,051 Total assets 29,297,178$ 8,476,514$ 37,876,321$
LIABILITIES
Accounts payable and other liabilities 63,797$ 428,473$ 492,270 Total liabilities 63,797 428,473 492,270 DEFERRRED INFLOWS OF RESOURCES
Unavailable revenue ‐ 1,170 1,170 Tot
al deferred inflows of resources ‐ 1,170 1,170 FUND BALANCES
Assigned
Capital projects 2,094,173 8,046,871 10,243,673 Restricted
Capital projects 27,139,208 ‐ 27,139,208 Total fund balances 29,233,381 8,046,871 37,382,881 Total liabilities, deferred inflows of resources and
fund balances 29,297,178$ 8,476,514$ 37,876,321$ June 30, 2022
CITY OF LODI
Combining Balance Sheet (Continued)
Nonmajor Capital Projects Funds
130
Library Hutchins Street Square
REVENUES
Developer impact fees ‐$ ‐ $ Investment income 36 (27) Miscellaneous revenue ‐ ‐ Total revenues 36 (27)
EXPENDITURES
Current:
General government ‐ ‐ Capital outlay ‐ ‐ Debt service:
Principal ‐ ‐
Interest ‐ ‐
Total expenditures ‐ ‐ Excess (deficiency) of revenues over
expenditures 36 (27) OTHER FINANCING SOURCES
Transfers in 21,000 ‐
Bond proceeds ‐ ‐
Total other financing sources 21,000 ‐ Ch
ange in fund balances 21,036 (27) Fund balances ‐ beginning 80,407 1,213 Fund balances ‐ ending 101,443$ 1,186$ CITY OF LODI
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances Nonmajor Capital Projects Funds
For the Year Ended June 30, 2022
131
Capital Outlay Reserve Parks Capital
Total Nonmajor Capital
Projects Funds
REVENUES
Developer impact fees 2,592,177$ ‐$ 2,592,177$ Investment income (351,302) (257,982) (609,275) Miscellaneous revenue ‐ 41,499 41,499 Total revenues 2,240,875 (216,483) 2,024,401
EXPENDITURES
Current:
General government 545,613 ‐ 545,613 Capital outlay 734,762 1,264,023 1,998,785 Debt service:
Principal 13,301,750 ‐ 13,301,750 Interest 252 ‐ 252 Total expenditures 14,582,377 1,264,023 15,846,400 Excess (deficiency) of revenues
over expenditures (12,341,502) (1,480,506) (13,821,999) OTHER FI
NANCING SOURCES
Transfers in 3,701,440 8,960,000 12,682,440 Bond proceeds 28,884,344 ‐ 28,884,344 Total other financing sources 32,585,784 8,960,000 41,566,784 Change in fund balances 20,244,282 7,479,494 27,744,785 Fund balances ‐ beginning 8,989,099 567,377 9,638,096 Fund balances ‐ ending 29,233,381$ 8,046,871$ 37,382,881$ Nonmajor Capital Projects Funds
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances (Continued) CITY OF LODI
For the Year Ended June 30, 2022
132
Internal
Service
Funds
Internal Service Funds are maintained to account for the internal transfer of services between operating units of the City and to achieve a level of operating efficiency that may not be available if the same activities were performed by multiple organizations.
Fleet Services is used to account for the operation,
maintenance and timely replacement of the City's fleet of vehicles which serve the transportation needs of all City departments.
Dental
Employee Assistance Program
Chiropractic
Employee Recognition Program
Life/Accidental Insurance
Unemployment Insurance
Medical
Flexible Spending Program
Vision
Long Term Disability
Benefits is used to account for the following employee benefits:
General Liability
Worker's Compensation
Other Insurance
Insurance is used to account for the following insurances:
Vehicle and Equipment
This fund was established to account for the financing and replacement of vehicles and equipment for all funds of the City with the exception of the Enterprise Funds.
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134
Fleet Services Benefits Insurance
Vehicle and
Equipment
Total Internal Service
Funds
ASSETS
Current assets:
Cash and investments 591,855 $ 2,236,460$ 17,735,943$ 3,050,887$ 23,615,145$ Restricted cash and investments 142,544 ‐ 41,826 ‐ 184,370 Receivables: Accounts, net 107 91,419 222,917 ‐ 314,443 Receivables: Interest ‐ 1,452 11,306 1,242 14,000 Inventory 251,512 ‐ ‐ ‐ 251,512 Prepaid ‐ 106,780 547 ‐ 107,327 Capital assets, net 17,367 ‐ ‐ ‐ 17,367 Total asset
s 1,003,385 2,436,111 18,012,539 3,052,129 24,504,164 DEFERRED OUTFLOWS OF RESOURCES
Related to pensions 114,843 ‐ ‐ ‐ 114,843 Related to OPEB 13,493 ‐ ‐ ‐ 13,493 Total deferred outflows of resources 128,336 ‐ ‐ ‐ 128,336
LIABILITIES
Current liabilities:
Accounts payable and other liabilities 133,974 91,139 2,206 95,235 322,554 Accrued salaries and wages 8,756 ‐ ‐ ‐ 8,756 Accrued compensated abs
ences 43,884 ‐ ‐ ‐ 43,884 Self insurance liability 3,337,660 3,337,660 Noncurrent liabilities:
Self insurance liability ‐ ‐ 7,532,536 ‐ 7,532,536 Accrued compensated absences 284,795 ‐ ‐ ‐ 284,795 Net OPEB Liability 177,111 ‐ ‐ ‐ 177,111 Net pension liability 761,904 ‐ ‐ ‐ 761,904 Total liabilities 1,410,424 91,139 10,872,402 95,235 12,469,200 DEFERRED INFLOWS OF RESOURCES
Related to pensions 323,187 ‐ ‐ ‐ 323,187 Related to OPEB 65,968 ‐ ‐ ‐ 65,968 Tota
l deferred inflows of resources 389,155 ‐ ‐ ‐ 389,155 NET POSITION
Investment in capital assets 17,367 ‐ ‐ ‐ 17,367 Unrestricted (deficit) (685,225) 2,344,972 7,140,137 2,956,894 11,756,778 Total net position (deficit) (667,858)$ 2,344,972$ 7,140,137$ 2,956,894$ 11,774,145$ CITY OF LODI
Combining Statement of Net Position
Internal Service Funds
June 30, 2022
135
Fleet Services Benefits Insurance
Vehicle and
Equipment
Total Internal Service
Funds
OPERATING REVENUES
Charges for services 2,120,031 $ 9,161,712$ 6,079,621$ 4,109,223$ 21,470,587$ Total operating revenues 2,120,031 9,161,712 6,079,621 4,109,223 21,470,587 OPERATING EXPENSES
Personnel services 476,011 1,283,232 383,689 ‐ 2,142,932 Supplies, materials and services 1,231,159 4,505,847 2,727,256 3,397,397 11,861,659 Utilities 13,012 ‐ ‐ ‐ 13,012 Depreciation 1,447 ‐ ‐ ‐ 1,447 Claims/premiums 50,590 1,303,383 3,203,339 ‐ 4,557,312 Total op
erating expenses 1,772,219 7,092,462 6,314,284 3,397,397 18,576,362 Operating income (loss) 347,812 2,069,250 (234,663) 711,826 2,894,225 NONOPERATING REVENUES (EXPENSES)
Investment income (19,452) (55,714) (423,335) (73,093) (571,594) Other revenues / (expenses) ‐ ‐ ‐ ‐ ‐ Gain on sale of City property 227 ‐ ‐ 13,877 14,104 Total nonoperating revenues (expenses) (19,225) (55,714) (423,335) (59,216) (557,490) Change in net position 328,587 2,013,536 (657,998) 652,610 2,336,735 Tota
l net position ‐ beginning, as restated (996,445) 331,436 7,798,135 2,304,284 9,437,410 Total net position ‐ ending (667,858)$ 2,344,972$ 7,140,137$ 2,956,894$ 11,774,145$ CITY OF LODI
Combining Statement of Revenues, Expenses, and Changes in Net Position Internal Service Funds
For the Year Ended June 30, 2022
136
Fleet Services Benefits
CASH FLOWS FROM OPERATING ACTIVITIES
Cash receipts from customers 100 $ (31,093)$ Cash from interfund customers 2,120,031 9,161,712 Payments to suppliers (1,342,620) (7,941,043) Payments to employees (939,199) (700,512) Net cash provided (used) by operating activities (161,688) 489,064 CASH FLOWS FROM CAPITAL RELATED FINANCING ACTIVITIES
Sale of property 227 ‐ Net cash provided (used) by noncapital financing activities 227 ‐ CASH FLO
WS FROM INVESTING ACTIVITIES
Interest on investments (19,453) (56,602) Net cash (used) by investing activities (19,453) (56,602) Net increase (decrease) in cash and cash equivalents (180,914) 432,462 Balances ‐ beginning of year 915,313 1,803,998 Balances ‐ end of the year 734,399$ 2,236,460$ Reconciliation of operating income (loss) to net cash provided (used) by operating activities:
Operating Incom
e (loss) 347,812 2,069,250
Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities:
Depreciation Expense 1,447 ‐ Changes in assets, liabilities and deferred outflow/inflows of resources:
Customer Receivables 100 (31,093) Inventory (48,169) ‐
Other assets ‐ 10,818 Accounts Payable 1,238 3,069 Accrued salaries and wages 2,584 ‐ Net pension liability, OPEB liability and related amount s (970,035) (1,562,980) Compensated absences (3,459) ‐ Self‐insurance liability ‐ ‐ Deferred inflows of resources 326,604 ‐ Deferred outflows of resources 180,190 ‐ Net cash provided (used) by operating activities (161,688)$ 489,064$ Internal Service Funds
Statement of Cash Flows
CITY OF LODI
For the Year Ended June 30, 2022
137
Insurance Vehicle and Equipment Total
CASH FLOWS FROM OPERATING ACTIVITIES
Cash receipts from customers 461,038 $ 68,013$ 498,058$ Cash from interfund customers 5,561,633 4,041,210 20,884,586 Payments to suppliers (4,560,294) (3,400,398) (17,244,355) Payments to employees (383,689) ‐ (2,023,400) Net cash provided (used) by operating activities 1,078,688 708,825 2,114,889 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES
Sale of property ‐ 13,877 14,104 Net cash provided (used) by noncapital financing activities ‐ 13,877 14,104 CASH FL
OWS FROM INVESTING ACTIVITIES
Interest on investments (429,269) (73,579) (578,903) Net cash (used) by investing activities (429,269) (73,579) (578,903) Net increase (decrease) in cash and cash equivalents 649,419 649,123 1,550,090 Balances ‐ beginning of year 17,128,350 2,401,764 22,249,425 Balances ‐ end of the year 17,777,769$ 3,050,887$ 23,799,515$ Reconciliation of operating income (loss)
to net cash provided (used) by
operating activities:
Operating Income (loss) (234,663) 711,826 2,894,225$ Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities:
Depreciation Expense ‐ ‐ 1,447 Changes in assets, liabilities and deferred outflow/inflows of resources:
Customer Receivables (56,950) ‐ (87,943) Inventory ‐ ‐ (48,169) Other assets (547) ‐ 10,271 Accounts Pa
yable (16,812) (3,001) (15,506) Accrued salaries and wages ‐ ‐ 2,584 Net pension liability, OPEB liability and related amounts ‐ ‐ (2,533,015) Compensated absences ‐ ‐ (3,459) Self‐insurance liability 1,387,660 ‐ 1,387,660 Deferred inflows of resources ‐ ‐ 326,604 Deferred outflows of resources ‐ ‐ 180,190 Net cash provided (used) by operating activities 1,078,688$ 708,825$ 2,114,889$ Internal Service Funds (Continued)
Statement of Cash Flows
CITY OF LODI
For the Year Ended June 30, 2022
138
Fiduciary
Funds
Private-Purpose Trust Funds account for trust
agreements under which the principal and
income benefit individuals, private organizations
or other governments.
139
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140
Library
Hutchins St Sq/Holz
Bequest
Total Private‐Purpose
Trust Funds
ASSETS
Cash and investments 148,925$ 1,631$ 150,556$ Interest receivable ‐ 1 1 Total assets 148,925 1,632 150,557 Restricted: for organizations 148,925$ 1,632$ 150,557$ CITY OF LODI
Combining Statement of Fiduciary Net Position
Private‐Purpose Trust Funds
June 30, 2022
141
Library
Hutchins St Sq/Holz
Bequest
Total Private‐Purpose
Trust Funds
ADDITIONS
Investment income (20,689)$ (38)$ (20,727)$
DEDUCTIONS
Current:
Library 1,512 ‐ 1,512 Changes in fiduciary net position (22,201) (38) (22,239) Fiduciary Net Position‐ beginning of the year 171,126 1,670 172,796 Fiduciary Net Position‐end of the year 148,925$ 1,632$ 150,557$ CITY OF LODI
Combining Statement of Changes in Fiduciary Net Position Private‐Purpose Trust Funds
For the Year Ended June 30, 2022
142
Statistical
Section
(Unaudited)
143
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144
STATISTICAL SECTION
The Statistical Section provides detailed information as a framework for u nderstanding the information in the financial statements, notes and required supplementary information. T his section presents additional data and analysis that may provide the reader with valuable insight regarding the demographics and the overall health of the City.
Financial Trends
These schedules contain trend infor mation to help the reader understand how the City’s financial performance and well-being has changed over time.
Revenue Capacity
These schedules contain information to help the reader assess the factors affecting the City’s most significant local revenue source, the property tax.
Debt Capacity
These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future.
Demographic and Economic Information
These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place and to help make comparisons over time and with other governments.
Operating Information
These schedules contain information about the City’s operations and resources to help the reader understand how the City’s financial information relates to the services the city provides and the activities it performs.
Sources
Unless otherwise noted, the information in these schedules are derived from the comprehensive annual financial report.
145
2022 2021 2020 2019 2018 (2) 2017 2016 2015 (1) 2014 2013 Governmental activities:
Net investment in capital assets 111,961$ 120,763$ 117,010$ 116,179$ 119,222$ 117,196$ 111,256$ 105,944$ 105,462$ 106,828$ Restricted 42,297 37,505 33,230 25,751 25,904 15,545 13,911 12,001 11,809 12,601 Unrestricted (56,728) (84,870) (107,255) (115,043) (117,535) (77,162) (76,984) (74,146) 2,551 1,157 Total governmental activities net position 97,530 73,398 42,985 26,887 27,591 55,579 48,183 43,799 119,822 120,586 Business-type activities:
Net investment in capital assets 159,768 137,219 137,468 135,175 137,291 129,086 121,468 119,924 116,156 113,008 Restricted 6,077 18,860 19,594 7,230 20 3,929 3,893 6,810 6,703 6,600 Unrestricted 64,957 55,534 28,164 35,812 24,584 16,463 14,427 892 16,535 14,827 Total business-type activities net position 230,802 211,613 185,226 178,217 161,895 149,478 139,788 127,626 139,394 134,435 Primary government:
Net investment in capital assets 271,729 257,982 254,478 251,354 256,513 246,282 232,724 225,868 221,618 219,836 Restricted 48,374 56,365 52,824 32,981 25,924 19,474 17,804 18,811 18,512 19,201 Unrestricted 8,229 (29,336) (79,091) (79,231) (92,951) (60,699) (62,557) (73,254) 19,086 15,984 Total primary government net position 328,332$ 285,011$ 228,211$ 205,104$ 189,486$ 205,057$ 187,971$ 171,425$ 259,216$ 255,021$ Source: City of Lodi Financial Services Division
(1) Fiscal year 2015 beginning net position was restated due to the implementation of GASB 68. (2) Fiscal year 2018 beginning net position was restated due to the implementation of GASB 75.
CITY OF LODI
NET POSITION BY COMPONENT
LAST TEN FISCAL YEARS
(Dollar amounts in thousands)
Fiscal Year
146
2022 2021 2020 2019 2018 2017 2016 2015 2014 2013
Expenses
Governmental activities:
General government 14,493$ 25,410$ 13,156$ 11,390$ 11,601$ 9,650$ 10,369$ 9,109$ 9,580$ 8,943$ Public protection 41,534 34,716 35,764 33,396 38,795 33,239 31,395 27,426 27,884 25,930 Public works 11,800 12,387 9,336 10,986 9,823 10,614 10,326 10,281 10,644 10,546 Community development 2,654 1,752 2,056 2,187 1,999 1,709 1,792 1,165 1,174 1,050 Library 1,448 1,052 1,882 785 1,753 1,253 1,389 1,324 1,282 1,342 Parks and recreation 4,318 3,379 3,873 4,142 4,672 3,663 4,262 3,116 3,164 2,933 Interest and fiscal charges 15,889 656 712 782 768 824 822 818 825 416 Total governmental activities expenses 92,136 79,352 66,779 63,668 69,411 60,952 60,355 53,239 54,553 51,160 Business-type activities:
Electric 74,001 68,307 71,758 64,104 67,943 62,791 61,764 64,367 61,974 61,106 Wastewater 11,624 11,683 18,049 14,410 16,008 16,318 14,024 12,912 12,527 13,423 Water 12,646 8,142 14,514 12,138 11,776 11,961 10,967 9,905 11,014 (34,877) Transit 4,904 4,335 4,841 5,086 5,233 4,925 4,415 4,134 3,834 4,141 Total business-type activities expenses 103,175 92,467 109,162 95,738 100,960 95,995 91,170 91,318 89,349 43,793 Total primary government expenses 195,311 171,819 175,941 159,406 170,371 156,947 151,525 144,557 143,902 94,953 Program Revenues
Governmental activities:
Charges for services:
General government 2,056 2,119 3,240 323 3,670 3,246 1,490 1,971 1,955 2,337 Public protection 1,245 1,065 619 619 1,000 779 740 609 582 538 Public works 1,051 1,484 1,302 2,631 990 1,209 734 832 415 224 Community development 4,175 4,086 2,805 1,059 2,665 2,838 2,292 1,378 1,219 1,458 Library 12 - 38 - 37 43 63 43 43 44 Parks and recreation 1,868 1,176 1,551 1,286 1,698 1,660 1,637 1,360 1,479 1,404 Operating grants and contributions 4,872 4,582 3,426 7,968 2,287 2,391 2,596 3,369 2,686 2,341 Capital grants and contributions 15,834 8,418 10,302 6,861 8,737 12,830 10,559 3,131 5,359 4,216 Total governmental activities program revenues 31,113 22,930 23,283 20,747 21,084 24,996 20,111 12,693 13,738 12,562 Business-type activities:
Charges for services:
Electric 80,343 74,197 72,182 67,961 69,247 65,848 67,507 65,237 64,693 63,230 Wastewater 17,145 16,781 16,097 15,904 14,914 15,106 14,960 14,714 14,305 13,747 Water 14,187 14,112 14,192 13,345 13,005 12,474 12,161 12,723 12,756 12,441 Transit 264 70 126 216 227 220 210 230 203 185 Operating grants and contributions 8,443 6,866 7,034 8,261 5,969 4,514 5,089 5,186 4,431 5,178 Capital grants and contributions 8,683 5,145 2,894 2,092 11,307 7,972 2,860 5,284 2,846 4,715 Total business-type activities program revenues 129,065 117,171 112,525 107,779 114,669 106,134 102,787 103,374 99,234 99,496 Total primary government program revenues 160,178 140,101 135,808 128,526 135,753 131,130 122,898 116,067 112,972 112,058 Net (Expense)/Revenue
Governmental activities (61,023) (56,422) (43,496) (42,919) (48,327) (35,956) (40,244) (40,546) (40,815) (38,598) Business-type activities 25,890 24,704 3,363 12,041 13,709 10,139 11,617 12,056 9,885 55,703 Total primary government net expense (35,133)$ (31,718)$ (40,133)$ (30,878)$ (34,618)$ (25,817)$ (28,627)$ (28,490)$ (30,930)$ 17,105$ Fiscal Year
CITY OF LODI
CHANGES IN NET POSITION
LAST TEN FISCAL YEARS
(Dollar amounts in thousands)
147
2022 2021 2020 2019 2018 2017 2016 2015 2014 2013
General Revenues and Other Changes in Net Position:
Governmental activities:
Taxes:
Property $ 13,681 $ 12,672 $ 11,728 $ 11,050 $ 10,325 $ 9,984 $ 9,373 $ 8,969 $ 8,290 $ 8,075 Special assessments1 512 378 252 139 44 - - - - - Sales1 26,248 24,303 20,084 14,287 11,333 11,749 11,808 10,624 10,111 9,349 Document transfer1 6,498 6,073 5,760 5,399 5,147 4,903 4,572 4,559 4,315 4,176 Franchise 9,934 9,582 9,612 9,212 9,218 9,099 9,073 8,976 8,838 8,735 Business license 2,373 2,092 1,884 1,887 1,822 1,736 1,552 1,486 1,528 1,524 Transient occupancy 1,485 899 988 736 867 849 783 666 594 546 Grants and contributions not restricted to specific programs1 7,885 14,166 475 441 601 2 - 1 180 - Investment earnings (6,303) 1,966 1,921 1,576 311 257 326 145 203 44 Rent 2,828 1,721 1,693 1,553 - - 1,954 1,942 1,906 1,370 Other 15,906 850 953 353 933 722 719 605 528 610 Transfers 3,454 4,448 4,270 4,233 4,252 4,051 4,469 7,514 4,792 5,682 Total governmental activities 84,501 79,150 59,620 50,866 44,853 43,352 44,629 45,487 41,285 40,111 Business-type activities:
Investment earnings (1,498) 2,223 4,816 1,584 716 816 952 632 757 497 Litigation- environmental lawsuits proceeds - - - - - - 100 - - 1,107 Rent - - - - - - 4 4 4 - Other (1,749) 3,906 3,101 2,321 2,244 2,786 3,957 2,745 2,370 1,258 Transfers (3,454) (4,448) (4,270) (4,233) (4,252) (4,051) (4,469) (7,514) (4,792) (5,682) Total business-type activities (6,701) 1,681 3,647 (328) (1,292) (449) 544 (4,133) (1,661) (2,820) Total primary government 77,800 80,831 63,267 50,538 43,561 42,903 45,173 41,354 39,624 37,291 Change in Net Position
Governmental activities 23,478 22,729 16,124 7,696 (3,474) 7,396 4,385 4,941 470 1,513 Business-type activities 19,190 26,386 7,010 11,712 12,417 9,690 12,161 7,923 8,224 52,883 Total primary government $ 42,668 $ 49,115 $ 23,134 $ 19,408 $ 8,943 $ 17,086 $ 16,546 $ 12,864 $ 8,694 $ 54,396 Source: City of Lodi Financial Services Division
1 Certain tax amounts have been reclassified in fiscal year 2013.
CITY OF LODI
CHANGES IN NET POSITION
LAST TEN FISCAL YEARS (CONTINUED)
(Dollar amounts in thousands)
Fiscal Year
148
2022 2021 2020 2019 2018 2017 2016 2015 2014 2013
General Fund
Reserved 15,199$ 15,641$ 12,671$ 10,717$ -$ -$ -$ -$ -$ -$ Nonspendable 24 - - - - - 33 - 10 9 Committed 352 558 712 563 9,031 3,520 465 345 301 277 Assigned - - - - - - 1,564 26 29 65 Unassigned 23,389 24,491 14,520 11,172 9,737 11,448 11,185 12,107 9,134 7,614 Total General Fund 38,964 40,690 27,903 22,452 18,768 14,968 13,247 12,478 9,474 7,965 All other governmental funds
Nonspendable 7 2 2 1 1 1 1 1 4 3 Assigned 10,244 9,638 6,744 8,979 - - - - - - Committed 409 914 690 716 - - - - - - Restricted 54,237 21,439 19,629 14,202 16,062 15,263 13,867 11,957 11,764 12,556 Unassigned - - - - - - - - (99) (512) Total all other governmental funds 64,897 31,993 27,065 23,898 16,063 15,264 13,868 11,958 11,669 12,047 103,861$ 72,683$ 54,968$ 46,350$ 34,831$ 30,232$ 27,115$ 24,436$ 21,143$ 20,012$ Source: City of Lodi Financial Services Division
Fiscal Year
CITY OF LODI
FUND BALANCES, GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
(Dollar amounts in thousands)
149
2022 (3) 2021 (2) 2020 (1) 2019 2018 2017 2016 2015 2014 2013 Revenues:
Taxes 34,483$ 31,698$ 30,224$ 28,423$ 27,423$ 26,491$ 25,327$ 24,631$ 23,719$ 23,022$ Sales and use tax 26,248 24,302 20,084 14,287 - - - - - - Licenses and permits 2,549 2,621 1,774 1,570 1,764 2,015 1,646 967 852 921 Intergovernmental revenues 20,440 22,657 10,499 9,213 20,807 23,975 21,083 17,557 17,392 14,625 Charges for services 7,212 10,056 8,333 6,558 6,020 5,722 5,830 3,827 3,558 3,880 Developer impact fees 2,592 - - - - - - - - - Fines, forfeits, and penalties 304 217 1,053 1,274 1,396 906 1,495 1,573 1,557 1,632 Investment and rental income (1,124) 5,193 4,728 2,994 2,325 2,319 2,155 2,029 2,025 1,389 Contributions and donations - - - - - 818 - 282 1,003 - Miscellaneous revenue 573 1,290 845 812 1,206 - 1,116 538 - 1,078 Total revenues 93,277 98,034 77,540 65,131 60,941 62,246 58,652 51,404 50,106 46,547 Expenditures:
Current:
General government 16,490 25,847 13,019 9,609 9,738 9,499 9,360 9,151 9,019 8,522 Public protection 41,165 38,110 37,410 31,949 30,788 30,201 28,821 26,646 27,093 26,282 Public works 6,832 6,555 5,436 5,452 4,628 4,608 4,070 4,508 4,393 4,532 Community development 2,699 2,127 2,249 2,112 1,756 1,651 1,601 1,226 1,192 1,111 Library 1,214 1,024 1,181 1,166 1,058 1,153 1,153 1,311 1,268 1,411 Parks and recreation 3,145 2,827 2,764 2,680 2,497 2,378 2,369 2,145 2,299 2,370 Capital outlay 7,843 6,843 4,679 3,380 8,296 11,592 13,117 9,842 7,652 6,271 Debt service:
Interest 665 696 732 821 805 858 847 845 851 483 Principal payments 1,115 1,144 1,106 1,080 1,028 1,240 260 - - 245 Advance refunding escrow 13,302 - - - - - - - - 1,689 Total expenditures 94,470 85,173 68,576 58,249 60,594 63,180 61,598 55,674 53,767 52,916 Excess (deficiency) of revenues
over (under) expenditures (1,193) 12,861 8,964 6,882 347 (934) (2,946) (4,270) (3,661) (6,369) Other financing sources (uses):
Transfers in 25,209 10,788 10,735 13,201 13,863 11,723 13,310 15,599 11,596 12,546 Transfers out (21,755) (6,340) (6,464) (8,968) (9,611) (7,672) (8,716) (8,036) (6,804) (6,864) Proceeds from sale 1 28 - 404 - - - - - - Refunding bonds issued 28,884 - - - - - - - - 20,103 Lease liabilities issued 34 - - - - - - - - - Payment to refunded bond escrow agent - - - - - - - - - (19,848) Capital lease proceeds - - - - - - 563 - - - Loan proceeds - - - - - - 468 - - - Total other financing sources (uses) 32,373 4,476 4,271 4,637 4,252 4,051 5,625 7,563 4,792 5,937 Special item-sale of parkland - - - - - - - - - - Net change in fund balances 31,180 17,337 13,235 11,520 4,599 3,117 2,679 3,293 1,131 (432) Fund balances, beginning of year (1) 72,681 55,344 41,733 34,831 30,232 2,963 284 (3,009) (4,140) (3,708) Fund balances, end of year 103,861$ 72,681$ 54,968$ 46,351$ 34,831$ 6,080$ 2,963$ 284$ (3,009)$ (4,140)$ Debt service as a percentage of noncapital expenditures 17.4% 2.3% 2.9% 3.5% 3.5% 4.1% 2.3% 1.8% 1.8% 5.2% (1)The beginning of year fund balance change was due to a reclassification of the Vehicle and Equipment Fund to an Internal Service Fund. (2) The beginning of year fund balance change was due to a reclassification of the Special Assessments Fund to a Special Revenue Fund. (3) Developer impact fees shown as its own revenue category Fiscal Year
CITY OF LODI
CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
(Dollar amounts in thousands)
150
2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 % Change 2013 to 2022
Property 14,193$ 13,050$ 11,980$ 11,050$ 10,043$ 9,744$ 9,151$ 8,810$ 8,314$ 7,955$ 30.08% Sales and Use 26,248 24,302 20,084 14,286 11,333 11,750 11,809 10,625 10,111 9,350 116.05% Transient Occupancy 1,485 899 987 735 867 849 783 666 594 545 149.24% Franchise 2,501 2,207 2,338 2,128 2,059 1,915 1,990 1,942 1,862 1,758 139.55% Documentary Transfer 81 86 (25) 230 281 240 223 159 155 120 -120.00% Motor Vehicle in Lieu 6,498 6,073 5,760 5,399 5,176 4,904 4,572 4,533 4,289 4,143 20.08% Public Protection 704 527 462 441 401 378 365 362 341 325 36.69% Business License 2,373 2,092 1,884 1,887 1,822 1,736 1,552 1,133 1,220 1,187 65.26% In Lieu Franchise 7,433 7,375 7,274 7,197 7,159 7,131 7,082 7,033 6,977 6,977 -13.01% Totals 61,516$ 56,611$ 50,744$ 43,353$ 39,141$ 38,647$ 37,527$ 35,263$ 33,863$ 32,360$ 46% Note: General governmental tax revenues are included in taxes, licenses and permits, intergovernmental revenues and miscellaneous revenues.
CITY OF LODI
TAX REVENUES BY SOURCE, GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
(Dollar amounts in thousands)
Fiscal Year
151
2022 2021 2020 2019 (2) 2018 (2) 2017 2016 2015 2014 2013 Secured roll 7,425,099$ 6,962,679$ 6,566,183$ 6,174,155$ 5,903,144$ 5,603,023$ 5,394,659$ 5,156,704$ 4,895,091$ 4,737,807$ Utility roll 2,046 2,047 1,901 2,299 2,299 2,299 3,490 3,490 3,490 2,382 Unsecured roll 232,613 231,423 247,608 258,682 266,956 254,946 250,160 257,856 230,827 233,398 Gross assessed value 7,659,758 7,196,149 6,815,692 6,435,136 6,172,399 5,860,268 5,648,309 5,418,050 5,129,408 4,973,587 Less exemptions (1) 364,661 353,561 338,170 345,178 339,542 334,485 331,562 326,833 324,439 327,783 Net assessed value 7,295,097$ 6,842,588$ 6,477,522$ 6,089,958$ 5,832,857$ 5,525,783$ 5,316,747$ 5,091,217$ 4,804,969$ 4,645,804$ Land 2,144,590$ 2,077,223$ 1,971,712$ 1,873,216$ 1,812,408$ 1,711,208$ 1,601,581$ 1,469,347$ 1,364,401$ 1,227,969$ Improvements 5,282,139 4,894,256 4,614,260 4,286,480 4,042,264 3,854,604 3,736,867 3,610,391 3,443,266 3,445,328 Personal property 233,029 224,670 229,720 275,440 317,727 294,457 309,861 338,312 321,741 300,290 Gross assessed value 7,659,758 7,196,149 6,815,692 6,435,136 6,172,399 5,860,269 5,648,309 5,418,050 5,129,408 4,973,587 Less exemptions (1) 364,661 353,561 338,170 345,178 339,542 334,485 331,562 326,833 324,439 327,783 Net assessed value 7,295,097$ 6,842,588$ 6,477,522$ 6,089,958$ 5,832,857$ 5,525,784$ 5,316,747$ 5,091,217$ 4,804,969$ 4,645,804$ Total Direct Tax Rate 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% 1.00% (1) All exemptions (secured, utility, and unsecured rolls) are homeowners exemption $58,335 and other exemption of $295,226 = $353,561 (2) 2019 & 2018 figures updated per San Joaquin County amounts Source: San Joaquin County Auditor-Controller's Office Note: In 1978, the voters of the State of California passed Proposition 13 which limited property taxes to a total maximum rate of 1% based upon the assessed value of the property being taxed.
Each year, the assessed value of property may be increased by an "inflation factor" (limited to a maximum increase of 2%). With few exceptions, property is only assessed at the time that it is sold to a new owner. At that point, the property being sold is reassessed at the purchase price. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above.
CITY OF LODI
Fiscal Year
(Dollar amounts in thousands)
LAST TEN FISCAL YEARS
ASSESSED VALUE AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY 152
Fiscal Year
Basic
Countywide Levy School All Other Total
2022 1.0000 0.1028 0.0163 1.1191
2021 1.0000 0.0829 0.0183 1.1012
2020 1.0000 0.0806 0.0199 1.1005
2019 1.0000 0.0843 0.0225 1.1068
2018 1.0000 0.0857 0.0180 1.1037
2017 1.0000 0.0371 0.0180 1.0551
2016 1.0000 0.0401 0.0198 1.0599
2015 1.0000 0.0425 0.0233 1.0658
2014 (1) 1.0000 0.0574 0.0000 1.0574 2013 1.0000 0.0646 0.0000 1.0646
(1) Amounts restated based on new assessed value information provided.
Table has been reformatted to comply with GASB No. 44.
TRA represented: 1-001.
CITY OF LODI
DIRECT AND OVERLAPPING PROPERTY TAX RATES
LAST TEN FISCAL YEARS
(Rate per $100 of assessed value)
Source: San Joaquin County Auditor data, MuniServices, LLC / Avenu Insights & Analytics 153
2022 2013
Taxpayer
Taxable Assessed
Value Rank
Percent of Total
City Taxable
Assessed Value
Taxable Assessed
Value Rank
Percent of Total
City Taxable
Assessed Value
General Mills Cereals Prop LLC -$ -$ % 82,357$ 1 1.823 % Pacific Coast Producers 114,217 1 1.650 70,257 2 1.555 Calif Physicians Service Corp 52,754 2 0.800 55,332 3 1.225 Stag Ca Holdings LP 44,600 3 0.610 Reynolds Ranch Sr Development Company LP 44,077 4 0.570 Cepheid 39,878 5 0.510
Big Box Property Owner E LLC 39,535 6 0.480 Wal Mart Real Est Business Trust 36,828 7 0.470 CaLPurnia Associates LP 34,903 8 0.440 Kdk Land Company 30,780 9 0.410 Winterfell Vintage Ca Owner LP 30,490 10 0.300 Westcore Vine LP 23,637 4 0.523 Cottage Bakery Inc 21,662 5 0.479 Costco Wholesale Corp 19,473 6 0.431 Dart Container Corporation 18,211 7 0.403 Wine & Roses LLC 16,231 8 0.359 Lowes Hiw Inc 13,690 9 0.303
Target Corp 13,094 10 0.290
Principal Secured Property Valuation 468,062 6.416 333,944 7.381 Other Secured Taxpayers 6,957,037 95.366 4,518,010 99.864 Exemptions relative to secured tax roll 130,002 1.782 327,783 7.245 Total Secured Property Valuation 7,295,097$ 100.000 % 4,524,171$ 100.000 % Source: San Joaquin County Assessor data, MuniServices, LLC / Avenue Insights & Analytics Fiscal Year
CITY OF LODI
PRINCIPAL PROPERTY TAXPAYERS
CURRENT YEAR AND NINE YEARS AGO
(Dollar amounts in thousands)
154
Amount
Percent of
Levy (1) Amount
Percent of
Levy
2022 13,679$ 13,679$ 100.0% 13,679$ 100.0% 2021 12,526 12,526 100.0% 12,526 100.0% 2020 11,642 11,642 100.0% 11,642 100.0% 2019 10,883 10,883 100.0% 10,883 100.0% 2018 10,222 10,222 100.0% 10,222 100.0% 2017 9,821 9,821 100.0% 9,821 100.0% 2016 9,117 9,117 100.0% 9,117 100.0% 2015 8,742 8,742 100.0% 8,742 100.0% 2014 8,353 8,353 100.0% 8,353 100.0% 2013 7,865 7,865 100.0% 7,865 100.0% (1) Per agreement with San Joaquin County, the County provides the City of Lodi with 100% of the amount owed to the City for secured properties, regardless of collection status. In exchange, the County is entitled to 100% of revenues collected for interest and penalties. This agreement is commonly referred to as the Teeter Plan.
Source: San Joaquin County Auditor/Controller's Office
CITY OF LODI
PROPERTY TAX LEVIES AND COLLECTIONS
LAST TEN FISCAL YEARS
(Dollar amounts in thousands)
Fiscal Year
Taxes
Levied for
the Fiscal
Year
Collected Within the
Fiscal Year of the Levy
Total Collections
to Date
155
Type of Customer 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 City Accounts 258 325 231 248 223 217 213 212 207 204 Domestic Residential 26,237 24,675 23,234 22,228 22,041 21,917 22,497 22,393 22,623 22,541 Domestic Mobile Home Park 13 13 13 13 13 13 13 13 13 13 Dusk to Dawn 87 90 89 91 92 85 85 88 89 88 Industrial - - - - 43 - - - - -
Large Commercial 471 402 394 383 96 355 348 337 339 344 Large Industrial (1) 18 16 38 69 55 35 44 41 39 40 Medium Commercial - - - - 375 - - - - - Medium Industrial 6 11 23 14 10 10 11 12 11 11 Residential Low Income 2,043 2,725 2,248 2,796 2,539 2,669 2,688 2,798 2,788 2,582 Small Commercial 3,589 3,619 3,254 2,795 3,148 3,434 3,416 3,332 3,367 3,358 Small Industrial (2) 6 6 7 11 11 10 11 7 8 9 Total 32,728 31,882 29,531 28,648 28,646 28,745 29,326 29,233 29,484 29,190 Notes:
Small, Medium, Large Industrial now combined into one “Industrial”.
Source: City of Lodi Financial Services Division
Intranet Dashboard Stats Util by Month and Sch
(1) Large Industrial for 2018 reported as N/A in 2018 - correct number is 55. (2) Small Industrial for 2018 reported as N/A in 2018 - correct number is 11.
CITY OF LODI
“Large commercial” previously had medium commercial combined now “Medium Commercial” stated separately.
Billed Accounts
LAST TEN FISCAL YEARS
ELECTRICITY SOLD BY TYPE OF CUSTOMER
156
Fiscal
Year
Lease
Revenue
Bonds
Loan
Payable
Notes
Payable
Capital
Lease
Total
Governmental
Activities
Certificates of
Participation and
Revenue Bonds
Notes/
Loan
Payable
Total
Business-type
Activities
Total
Primary
Government
Per
Capita (1)
2022 28,880$ -$ -$ 85$ 28,965 102,530$ $229 102,759 131,724 3.96 % 1,979$ 2021 14,882 - - 169 15,051 108,741 454 109,195 124,246 4.15 % 1,807 2020 15,901 97 - 251 16,249 114,866 673 115,539 131,788 4.81 1,940 2019 16,885 193 - 331 17,409 121,566 887 122,453 139,862 5.03 2,049 2018 17,839 286 - 410 18,535 125,062 1,096 126,158 144,693 5.56 2,156 2017 18,753 378 - 487 19,618 138,193 1,300 139,493 159,111 6.41 2,484 2016 19,637 468 245 562 20,912 143,417 1,500 144,917 165,829 7.49 2,603 2015 19,950 - 245 - 20,195 149,767 - 149,767 169,962 7.67 2,667 2014 20,004 - 245 - 20,249 157,297 - 157,297 177,546 8.45 2,789 2013 20,058 - 245 - 20,303 167,743 - 167,743 188,046 9.63 2,988
LAST TEN FISCAL YEARS
RATIOS OF OUTSTANDING DEBT BY TYPE
CITY OF LODI
(1) See Demographic and Economic Statistics table for personal income and population.
Source: City of Lodi Financial Services Division
Percent of
Personal
Income (1)
Business-type Activities
(Dollar amounts in thousands, except per capita)
Governmental Activities
Details regarding the City's outstanding debt can be found in Note 7 of these financial statements.
157
Less Amounts Percent of
Fiscal Lease Revenue Available for Assessed Value Per
Year Bonds Debt Service Net (1) of Property Capita
2022 28,880$ - $ 28,880 $ 12.4$ 420.07 $ 2021 14,882 - 14,882 0.2 219.08 2020 15,901 - 15,901 4.4 232.91 2019 16,885 - 16,885 0.2 251.56 2018 17,839 - 17,839 0.3 278.48 2017 18,753 - 18,753 0.4 296.64 2016 19,637 - 19,637 0.4 308.18 2015 19,950 - 19,950 0.4 313.43 2014 20,004 - 20,004 0.4 317.88 2013 20,058 10 20,048 0.4 319.11 General bonded debt is debt payable with governmental fund resources and general obligation bonds recorded in enterprise funds (of which, the City has none). (1) Assessed value has been used because the actual value of taxable property is not readily available in the State of California.
Source: City of Lodi Financial Services Division
CITY OF LODI
RATIOS OF GENERAL BONDED DEBT OUTSTANDING
LAST TEN FISCAL YEARS
(Dollar amounts in thousands, except per capita)
158
2022 2021 2020 2019 (2) 2018 (2) 2017 2016 2015 2014 2013 Assessed valuation (1) 7,353,234$ 6,900,923$ 5,891,914$ 5,584,838$ 5,375,564$ 5,585,242$ 5,377,266$ 5,152,666$ 4,867,731$ 4,709,916$ Conversion percentage 25% 25% 25% 25% 25% 25% 25% 25% 25% 25% Adjusted assessed valuation 1,838,309 1,725,231 1,472,979 1,396,210 1,343,891 1,396,311 1,344,317 1,288,167 1,216,933 1,177,479 Debt limit percentage 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% Debt Limit 275,746 258,785 220,947 209,431 201,584 209,447 201,647 193,225 182,540 176,622 Total net debt applicable to limit 28,880 14,882 15,901 16,885 17,839 18,753 19,637 19,950 20,004 20,048 Legal debt margin 246,866$ 243,903$ 205,046$ 192,546$ 183,745$ 190,694$ 182,010$ 173,275$ 162,536$ 156,574$ Total net debt applicable to the limit as
a percent of debt limit 10.5% 5.8% 7.2% 8.1% 8.8% 9.0% 9.7% 10.3% 11.0% 11.4% (1) All exemptions (secured, utility, and unsecured rolls) are homeowners which is added to Net Assessed Value (2) 2019 & 2018 figures updated per San Joaquin County amounts Source: California Municipal Statistics Inc.
The Government Code of the State of California provides for a legal debt limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% of market value. Effective with the 1982 fiscal year, each parcel is now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computation shown above reflect a conversion of assessed valuation data for each fiscal year from the current full valuation perspective to the 25% level that was in effect at the time the legal debt margin was enacted by the State of California for local governments located within the state.
FISCAL YEAR
CITY OF LODI
LEGAL DEBT MARGIN INFORMATION
LAST TEN FISCAL YEARS
(Dollar amounts in thousands)
159
Percentage City's Share
Total Debt Applicable (1) of Debt
OVERLAPPING DEBT:
San Joaquin Community College District 188,480,000$ 7.469 % 14,077,571$ Lodi Unified School District 300,695,000 36.895 110,941,420 San Joaquin County Certificates of Participation 60,400,000 8.095 4,889,380 Lodi Unified School District Certificates of Participation 10,065,000 36.895 3,713,482 SUBTOTAL OVERLAPPING DEBT 133,621,853
DIRECT DEBT:
City of Lodi Lease Revenue Bonds 28,250,000 100.00 28,250,000 City of Lodi -Capital lease 85,427 100.00 85,427 SUBTOTAL DIRECT DEBT 28,335,427
TOTAL DIRECT AND OVERLAPPING DEBT(2)
161,957,280$
2020-22 Gross Assessed Valuation 7,353,233,712$
2020-21 Population 66,570
Per Capita Value
DEBT RATIOS Total Gross Debt 161,957,280 2,433 2.20%
(1) Percent of overlapping agency's assessed valuation located within the boundaries of the City. (2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and tax allocation bonds and non-bonded capital lease obligations.
SOURCE: California Municipal Statistics, San Francisco, CA San Joaquin County Auditors-Controller Office
State of California, Department of Finance, Demographic Research Unit
CITY OF LODI
DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT
June 30, 2022
160
Adjusted Adjusted Net
Fiscal Annual Operating Available Debt Service
Year Revenues (1) Expenses (2) Revenue Principal Interest (3) Total Coverage Electric Revenue Certificates of Participation
2022 81,327$ 62,414$ 18,913$ 2,365$ 1,823$ 4,188$ 4.52 2021 77,896 58,841 19,055 2,250 1,938 4,188 4.55 2020 76,445 64,558 11,887 1,710 3,747 5,457 2.18 2019 69,846 58,916 10,930 - 1,497 1,497 7.30 2018 73,505 50,317 23,188 2,510 2,788 5,298 4.38 2017 67,815 52,259 15,556 2,390 2,898 5,288 2.94 2016 70,440 51,205 19,235 5,195 3,094 8,289 2.32 2015 67,132 52,116 15,016 4,960 3,358 8,318 1.81 2014 67,144 50,349 16,795 4,750 3,606 8,356 2.01 2013 63,974 51,209 12,765 4,575 3,839 8,414 1.52 Wastewater Certificates of Participation and Revenue Bonds 2022 19,127$ 5,236$ 13,891 1,971$ 1,359 3,330 4.17 2021 17,949 6,001 11,948 1,899 1,434 3,333 3.58 2020 19,441 10,119 9,322 1,819 1,506 3,325 2.80 2019 17,864 8,301 9,563 1,753 1,573 3,326 2.88 2018 19,317 7,302 12,015 1,650 954 2,604 4.61 2017 16,707 10,128 6,579 1,575 1,492 3,067 2.15 2016 16,941 7,237 9,704 1,535 2,131 3,666 2.65 2015 15,845 6,335 9,510 1,500 2,172 3,672 2.59 2014 15,186 6,003 9,183 4,610 2,294 6,904 1.33 2013 14,305 5,674 8,631 1,500 2,560 4,060 2.13 Water Revenue Bonds
2022 14,915$ 9,226$ 5,689$ 930$ 997$ 1,927$ 2.95 2021 (4) 16,642 4,932 11,710 1,040 1,033 2,073 5.65 2020 17,061 11,316 5,745 1,010 1,422 2,432 2.36 2019 15,509 7,173 8,336 980 1,368 2,348 3.55 2018 17,187 10,895 6,292 950 1,356 2,306 2.73 2017 13,844 7,733 6,111 915 1,393 2,308 2.65 2016 13,025 6,801 6,224 870 1,482 2,352 2.65 2015 13,370 5,815 7,555 850 1,506 2,356 3.21 2014 14,166 6,835 7,331 825 1,530 2,355 3.11 2013 13,367 6,899 6,468 800 1,535 2,335 2.77 Includes all nongeneral obligation long-term debt backed by pledged revenues.
Details regarding the City's outstanding debt can be found in Note 8 to the basic financial statements. (1) Total operating revenues including investment earnings, operating grants, capital contributions (including developer impact fees) and other revenue.
(2) Total operating expenses including cost of services paid to the General Fund and excluding in-lieu fees, depreciation and amortization.
(3) Net of Build America Bonds interest subsidy - Water Revenue Bonds. (4) Adjusted Annual Revenues restated for correction to developer impact fees.
CITY OF LODI
PLEDGED-REVENUE COVERAGE
LAST TEN FISCAL YEARS
(Dollars amounts in thousands)
161
Personal Per
Population San Joaquin Population Rank in Size Income Capita Fiscal Square City Percent County Percent of California (millions of Personal Unemployment Year Miles Population Change Population of County Cities dollars) Income Rate 2022 13.98 66,570 -1.2% 784,298 8.5% 136 3,328$ 49,991$ 3.7% 2021 13.98 68,751 -1.2% 783,534 8.8% 131 2,992 43,523 10.0% 2020 13.98 67,930 0.5% 773,632 8.8% 133 2,739 40,322 14.4% 2019 13.98 68,272 0.8% 770,385 8.9% 134 2,779 40,707 6.1% 2018 13.98 67,121 0.7% 758,744 8.8% 136 2,602 38,769 6.9% 2017 13.98 64,058 0.7% 746,868 8.6% 139 2,483 38,769 6.9% 2016 13.98 63,219 0.7% 733,383 8.6% 139 2,284 36,136 7.8% 2015 13.98 63,719 0.4% 719,511 8.9% 138 2,215 34,755 7.8% 2014 13.98 63,651 0.2% 710,731 9.0% 135 2,102 33,024 8.8% 2013 13.98 62,930 0.2% 698,414 9.0% 137 1,952 31,013 9.0%
1.) Population Projections are provided by the California Department of Finance Projections.
2.) Income Data is provided by the U.S. Census Bureau, 2010 American Community Survey.
3.) Unemployment Data is provided by the EDD's Bureau of Labor Statistics Department.
CITY OF LODI
DEMOGRAPHIC AND ECONOMIC STATISTICS
LAST TEN FISCAL YEARS
The California Department of Finance demographics estimates now incorporate 2010 Census counts as the benchmark 162
Percent Percent
of Total City of Total City
Employer Employees Rank Employment Employees Rank Employment Pacific Coast Producers 1,486 1 4.82% % 1,000 3 3.83% % 28,700 Lodi Unified School District 1,363 2 4.43% 3,650 1 13.97% 28,700 Adventist Health Lodi Memorial * 1,242 3 4.03% 1,320 2 5.05% 28,700 Blue Shield of CA 1,084 4 3.52% 778 4 2.98% 28,700 Walmart Supercenter 403 5 1.31% 230 8 0.88% 28,700 City of Lodi 395 6 1.28% 377 7 1.44% 28,700
Rich Products formerly known as Cottage Bakery 276 7 0.90% 509 5 1.95% 28,700 Costco Wholesale 278 8 0.90% 28,700
Scientific Specialties Inc. 215 9 0.70% 28,700 Arbor Rehabilitation & Nursing Center 210 10 0.68% 28,700 General Mills (1) - 435 6 1.67% 28,700
Farmers & Merchant Bank - 190 9 0.73% 28,700
Target 160 10 0.61% 28,700
Total 6,952 22.57% 8,649 33.11%
Note: Principal employers are based on the best available information. * Count includes FTE, PTE, Temporary & Seasonal Employees. (1) General Mills permanently closed.
Source: MuniServices, LLC / an Avenu Insights & Analytics Company Results based on direct correspondence with city's local businesses.
Labor Force
CITY OF LODI
PRINCIPAL EMPLOYERS
CURRENT YEAR AND NINE YEARS AGO
Current Nine Years Ago
163
2022 2021 2020 2019 2018 2017 2016 2015 2014 2013
Department:
Administration 12 12 9 9 9 10 10 10 10 10 Community Development 20 13 11 11 11 11 11 11 9 9 Electric 54 52 52 52 52 51 49 44 43 40 Fire 57 57 57 53 53 54 54 57 53 53 Internal Services 36 35 34 31 31 32 31 31 31 31 Library 8 8 8 7 7 7 10 11 10 11 Parks, Recreation and Cultural Services 27 24 24 24 24 24 26 28 27 27 Police 112 111 109 103 103 103 102 107 104 104 Public Works 116 109 103 101 101 101 100 97 95 92 Total 442 421 407 391 391 393 393 396 382 377 Community Center, Human Resources and Information Systems were previously included in Administration. Budget, Financial Services, Human Resources and Information Services are now Internal Services.
Community Center, Parks & Recreation are now Parks, Recreation and Cultural Services.
Source: City of Lodi Budget Document
Fiscal Year
CITY OF LODI
FULL-TIME EQUIVALENT CITY GOVERNMENT EMPLOYEES
BY DEPARTMENT - LAST TEN FISCAL YEARS
164
2022 2021 2020 2019
General government:
Building permits issued 3,569 3,017 2,500 2,502 Business tax certificates:
Retail sales and service 3,515 3,008 2,755 3,014 Manufacturers and processors 59 167 81 87 Professions 283 328 315 330 Miscellaneous contractors, peddlers,
delivery vehicles, etc. 264 1,464 1,518 1,986 Utility billing/customer service:
Number of customers 27,747 25,166 24,764 24,576 Energy sales (KWH) 450,539,324 439,083,721 417,003,511 410,566,814 Peak demand (MW) 125.40 132.50 126 117.9 Public safety:
Police:
Major reported crimes 1,631 1,643 1,938 1,943 Total arrests 3,078 3,432 3,792 3,611 Dispatched calls for service 43,357 34,046 36,053 37,806 Fire:
Interior structure fire calls 136 130 133 70 Non-structural fire calls 236 192 188 255 Hazardous materials calls 95 78 64 87 Emergency medical calls 4,218 3,866 3,557 3,915 Total emergency calls 7,647 7,206 7,211 7,600 Total number of units dispatched 6,946 7,629 8,317 7,701 Public works:
Miles of streets resurfaced 6.8 6.5 7 3 Fleet job orders completed 2303 2147 2,106 1,866 Trees planted 65 245 657 500
Water utility:
New connections 249 227 189 290
Water main breaks 2 6 5 1
Wastewater utility:
Average daily treatment (million gal/day) 4.50MG 4.50MG 4.55MG 4.6MG Library:
Registered borrowers 27,857 54,263 64,864 67,334 Circulation of library materials 86,509 35,528 134,950 168,793 Reference, research and informational
questions answered 1818 2495 8,024 11,296 Annual attendance at libraries 50,318 67,892 172,631 231,391 Number of programs offered 197 265 653 715 Annual attendance at programs 2305 4168 14,863 18,825 Public access computer usage 27,000 12,376 24,033 27,603 Community center:
Community center bookings 365 307 501 809 Instructional classes 406 59 481 616 Registered students 584 157 1,172 2,546 Yearly attendance 11,270 2,663 9,521 14,220 Parks and recreation:
CITY after school program 202/4 230/5 2,474/4 2,950/4
LUSD After School Program 960/12 3993/12 9,944/12 9,867/10 Camps 157/4 284/3 225/3 63 1/3
Adult sports
Program/Participation 360 240 1,176 2,045 Programs offered 14 6 6 14 Partnerships 1 0 - 2
Tournaments 0 0 - 7
Youth/Teen sports
Program attendance 934 128 1,165 3,517 Programs offered 15 2 11 18 Aquatics
Program attendance 18,691 4,937 18,336 18,202 Number of programs 13 8 13 12 Source: City of Lodi
CITY OF LODI
OPERATING INDICATORS BY FUNCTION/PROGRAM/DEPARTMENT
LAST TEN FISCAL YEARS
Fiscal Year
165
2018 2017 2016 2015 2014 2013
2,699 2,447 2,482 2,404 2,404 1,578 2,137 2,443 2,288 2,281 2,281 2,526 75 76 78 23 23 78 294 308 316 323 323 362 1,232 949 1,268 1,256 1,256 1,456 24,259 26,018 26,034 25,912 25,912 23,927 425,157,874 425,410,574 437,246,335 438,780,911 438,780,911 435,822,465 131 129 124 134 134 122 2,062 2,025 3,068 2,268 2,268 2,643 3,460 4,226 4,083 3,690 3,690 3,825 37,301 37,866 40,390 35,992 35,992 50,124 56 51 33 32 32 67 235 177 154 143 143 209 55 90 73 65 65 58 5,364 3,572 3,123 3,418 3,418 3,882 6,996 5,869 5,238 3,666 3,666 5,823 8,230 7,225 7,430 5,727 5,727 7,954 0 6 6 6 6 6 1,744 2,129 2,162 2,500 2,500 1,803 372 135 135 135 135 131 180 205 69 8 8 8 2 2 3 16 16 14
4.5MG 4.65MG 4.6MG 4.6MG 4.6MG 5.10MG
63,631 64,742 60,362 58,824 58,824 51,594 162,796 187,853 199,096 197,673 197,673 215,293 9,852 9,695 11,109 13,189 13,189 16,270 225,558 231,602 245,936 224,762 789 764 456 432 432 407 24,682 23,960 15,452 12,888 12,888 14,443 25,825 31,205 34,071 34,071 41,180 45,871 595 597 758 794 769 718 438 554 518 500 553 580 2,695 3,010 2,744 2,586 3,269 2,819 11,011 13,925 13,925 13,925 13,925 13,925 2,705/4 1,964/4 1,898/4 1,679/4 1,630/4 1,811/4
12,985/13 13,016/3 12,318/13 12,001/13 12,878/13 11,800/13 71 103 67 74 89 45 1,990 1,895 1,976 2,106 2,082 2,246 14 14 15 18 17 16 2 2 2 2 2 2 4 6 8 10 5 6 3,480 3,496 3,652 3,621 3,672 3,643 11 18 18 18 18 19 26,571 28,974 28,195 28,009 27,731 23,414 8 14 14 15 13 13 Source: City of Lodi
Fiscal Year
CITY OF LODI
OPERATING INDICATORS BY FUNCTION/PROGRAM/DEPARTMENT
LAST TEN FISCAL YEARS (CONTINUED)
166
2022 2021 2020 2019
General government:
Total square miles 13.98 13.98 13.98 13.98
Public safety:
Police:
Facilities:
Stations 1 1 1 1
Animal control facility 1 1 1 1
Police training facility (pistol range) 1 1 1 1
Vehicles:
Marked patrol cars 26 29 27 21
Motorcycles and scooters 6 5 5 5
Animal control vehicles 2 2 2 2
Other automobiles 35 37 35 36
Fire:
Facilities:
Fire stations 4 4 4 4
Vehicles:
Fire engines 7 8 7 6
Trucks/Trailers 7 5 5 5
Other automobiles 8 8 6 5
Boat 1 1
Public works:
Miles of streets 198 198 194 190
Miles of alley ways 12 12 12 12
Traffic signals 70 70 70 69
Street lights 8,304 7,910 7,776 7,739
Parks and recreation:
Parks and squares 30 29 29 28
Park acreage 375 371 371 367
Boating facilities - launch lanes 1 1 1 1
Senior center 1 1 1 1
Community Centers 1 1 1 1
Swimming pools 4 4 4 4
Baseball/softball diamonds 18 18 18 20
Tennis courts 9 9 9 11
Pickleball courts 6 6 6 -
Skateboard park 1 1 1 1
Playgrounds 21 22 22 20
Ballpark 24 24 24 24
Soccer Field 22 22 22 22
Football Field 1 1 1 1
Handball/Basketball/Volleyball Courts/
Bocce Courts 15 15 15 15
Horseshoe Pits 9 9 9 9
Library:
Central library 1 1 1 1
Total items in collection 106,729 106,975 108,750 110,000 Integrated library system 1 1 1 1
Microfilm readers 0 0 0 0
Microfilm readers/printers 0 0 0 0
Self check out machines 3 3 3 3
Electric utility:
Overhead lines 12kv (miles) 116.87 116.98 117 117
Overhead lines 60kv (miles) 14 14 14 14
Underground lines (miles) 143.85 138.69 133 129
Water utility:
Water main lines 251 248 245 245
Water storage capacity (gallons) 5,100,000 5,100,000 4,100,000 4,100,000 Water wells 28 28 28 28
Water reservoirs 4 4 3 3
Water Treatment Plant 1 1 1 1
Wastewater utility:
Wastewater main lines (miles) 203 205 203 203
Treatment capacity 8.5MG 8.5MG 8.5MG 8.5MG
Wastewater treatment plant 1 1 1 1
Wastewater Pump Stations 13 13 13 13
Stormwater utility:
Stormwater main drain lines (miles) 135 132 130 130
Stormwater pump stations 17 17 17 17
Central parking district:
Parking structure 1 1 1 1
Parking spaces 2450 2450 2450 2,450
Parking lots 25 25 25 25
Source: City of Lodi Departments
Fiscal Year
CITY OF LODI
CAPITAL ASSET STATISTICS BY FUNCTION/PROGRAM/DEPARTMENT
LAST TEN FISCAL YEARS
167
2018 2017 2016 2015 2014 2013
13.98 13.98 13.98 13.98 13.98 13.98
1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1
23 23 23 23 23 23
6 7 7 7 5 5
2 2 2 2 2 2
37 37 37 37 37 37
4 4 4 4 4 4
6 7 6 6 6 6
5 8 6 6 6 6
8 5 11 11 11 11
190 202 202 202 202 202
12 16 16 16 16 16
69 68 67 67 67 67
7,697 7,270 7,270 7,270 7,270 7,270
28 26 26 26 26 26
366 361 361 361 361 361
1 1 1 1 1 1
1 1 1 1 1 1
1 1 1 1 1 1
4 4 4 4 4 4
20 20 20 20 20 20
11 11 11 11 11 11
- - - - - -
1 1 1 1 1 1
17 20 20 20 20 20
24 24 24 24 24 24
22 22 22 22 22 22
1 1 1 1 1 1
12 12 12 12 12 12
8 8 8 8 8 8
1 1 1 1 1 1
111,544 125,730 130,657 119,554 148,287 149,243 1 1 1 1 1 1
0 0 0 1 1 1
0 1 1 1 1 1
3 3 3 2 2 2
117.19 117 117 117 117 133
13.56 14 14 14 14 14
128.36 123 121 118 115 159
245 243 240 236 236 236
4,100,000 4,100,000 4,100,000 4,100,000 4,100,000 4,100,000 28 28 28 28 28 28
3 3 3 3 3 3
1 1 1 0 0 0
203 196 196 196 196 196
8.5MG 8.5MG 8.5 MG 8.5 MG 8.5 MG 8.5 MG
1 1 1 1 1 1
13 9 9 0 0 0
130 128 126 124 124 124
17 16 16 14 14 14
1 1 1 1 1 1
2,450 2,450 2,450 2,450 2,450 2,453 25 25 25 25 25 25
Source: City of Lodi Departments
Fiscal Year
CITY OF LODI
CAPITAL ASSET STATISTICS BY FUNCTION/PROGRAM/DEPARTMENT
LAST TEN FISCAL YEARS (CONTINUED)
168
AGENDA ITEM H-02
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding Between the City of Lodi and AFSCME - General Services for the Period January 1, 2023 through December 31, 2025
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt Resolution approving the Memorandum of Understanding between the City of Lodi and AFSCME – General Services for the period January 1, 2023 through December 31, 2025.
BAC
KGROUND INFORMATION: Representatives from the City of Lodi and AFSCME General Services have been bargaining over the terms of a successor MOU over the past four months.
Sta
ff is requesting the following wage and benefit changes for the AFSCME General Services employees as follows:
• Fift
een percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. • Increase the annual boot allowance from $250 to $350. • Addition of one fixed holiday in observance of Juneteenth.
Sta
ff recommends that the Council approve the revisions to compensation and other benefits for AFSCME General Services employees.
FIS
CAL IMPACT: City wide, the total long-term annual cost of the proposed agreement is estimated to be $1,075,740. The total cost of the term of the agreement is $2,410,490.
CITY WIDE COST (ALL FUNDS)
Calendar Year 2023 $ 515,000
Calendar Year 2024 $ 819,750
Calendar Year 2025 $ 1,075,740
Total Cost (3 Year) $2,410,490
In the General Fund, total long -term annual cost of the proposed agreement is estimated to be $688,474. The total General Fund cost over the term of the agreement is $1,542,714.
GENERAL FUND COST
Calendar Year 2023 $ 329,600
Calendar Year 2024 $ 524,640
Calendar Year 2025 $ 688,474
Total Cost (3 Year) $ 1,542,714
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post
Human Resources Manager
_________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
I
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F.S.C.M.E. CO 57
LOCAL I46-AFL.CIO
GENERAL CES UNIT
January 1,2023?4EF_ - December 3 L,2025M2
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
TABLE OF CONTENTS
CHAPTER 1- SALARIES AND OTHER COMPENSATION
2023s - 20252
Page #
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
CHAPTER 2 _ LEAVES
Article XV
Article XVI
Article XVII
Article XVIII
Article XIX
Article XX
Salary
Hours
Compensatory Time
Overtime
Meals
Temporary Upgrade
Tools and Uniform Allowance
Safety/Safety Boot Provisions
Education Incentives
Notary Public Incentive
Bilingual Pay
Tuition Reimbursement
Court Appearances
Mileage Compensation
Catastrophic Leave
Bereavement Leave
Holidays
Leave of Absence
Sick Leave
Vacation Leave
4 4
4 5
6 7
7 l0
11 11
11 1l
ll
t2
12 t2
13 t4
t4
t4
CHAPTER 3 _ INSURAN CE AND RETIREMENT
Article XXI
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVU I
Article XXIX
Article XXX
Article XXXI
CHAPTER 4 _ UNION / CITY ISSUES
Medical Insurance
Dental lnsurance
Vision Insurance
Chiropractic
Life Insurance
Long Term Disability
Workers' Compensation
Flexible Spending Account
Deferred Compensation
PERS
Sick Leave Conversion
Union Leave
Layoff
Changes in Memorandum
15 t6
t6
t6
t6
16 l7
t7
t7
t7
18 Article XXXII
Article XXXII I
Article XXXN
20 20
20 2
MOU- CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 20252
Article XXXV
Article XXXVI
Article XXXVI
Article XXXVIII
Article XXXX
Article XL
Article XLI
Article XLII
Article XLIII
Article XLIV
Article XLV
City Rights
Employee Representation
Grievance Procedure
Mutual Consent Contingency
No Strikes
Probationary Period
Promotion
Seniority
Shop Stewards
Status
Term
20 2t
23 26
26 26
26 27
27 27
28 29
30 Exhibit A - Salary Schedule effective February 10,2020 Exhibit B - Certification Requirements and Incentive Chart J
MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 202s2
Chanter 1 - Salaries and Other CoInDensation
ARTICLE I _ SALARY
1.1 2022; the City shal The Citv
shall orovide wase increases over term of the contract as follows:
Six oercent ( ) effective .Ianuarv 9 - 2023'-
Five percent (5%) effective January 8,2A24: and
Four percent (4%) effective Januarv 6-2025.
1.3 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced
Modesto Redding Roseville Stockton Tracy
Vacaville Visalia Woodland
Manteca
Turlock
ARTICLE II _ HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor.
Employees of the Library may work a schedule which includes split days off. The hours of work shall vary according to a pre-posted work schedule.
Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. c. Altemate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any change in work hours or workdays shall be a meet and confer item.
ARTICLE III - COMPENSATORY TIME
3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate for overtime worked.
The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable.
4 a.
b
3.1.1 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
3.2 20239 - 202s2
No more than two hundred (200) hours of compensatory time may be carried on the books at any time.
Employees who are required to report for prearranged work on their non-work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours.
4.3 Rest Period
If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours, on a work day, he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours.
Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and october. A request to cash out leave must be in writing and submitted to the Finance Division.
3.5 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance.
ARTICLE IV - OVERTIME
4.1 Overtime work paid at the time and one half rate, is work performed by an employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Section 2.1 and2.2. b. Time worked on a non-work day.
Time worked on a holiday will be paid at time and one-half rate (I%). Hours worked on a holiday, as part of an employee's regular work schedule shall be compensated as above, plus regular straight time pay. Holiday, for overtime pu{poses, is defined within the Holiday section of this MOU.
Overtime work paid at the double time rate is work performed in excess of twelve (12) hours, between 12:00 a.m. and 12:00 a.m. on any given day, or for any hours between the hours of 12:00 a.m. and 6:00 a.m. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require substantive work would receive the standard three (3) hour callback at the appropriate overtime rate.
3.4 4.2
5 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
4.4 2021s - 202y2
When, at the request of the Supervisor in charge, an employee reports for preaffanged overtime:
a. On work days outside of regular work hours, shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into regular work hours, shall be paid overtime compensation only for actual work time up to regular work hours.
b. On non-work days or on holidays, shall be paid overtime compensation fbr actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of preceding work period on a work day.
The Animal Services Supervisor, and Assistant Animal Services Officer serye on an on call basis on a weekly basis and shall be compensated $200 per week for weeks they serve on call.
4.5 4.6 Call Out Pay:
A. The employees called out shall be paid at the rate of one and one half (l%) times the straight time rate of pay for time worked on emergency calls before 12:00 a.m.. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time.
The first call-out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 4.6 (A) of this Agreement.
Subsequent calls on the same calendar day will be paid for actual time worked at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement.
All subsequent hours worked on a call-out shall be paid at the appropriate overtime rate per Article 4.6(A) of this Agreement.
Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work to be performed, will be paid one (l) hour at the appropriate overtime rate as defined in Article 4.6(,4.) of this Agreement. Calls lasting longer than ten (10) minutes, text messages and/or emails that require substantive work will receive the standard three (3) hour minimum at the appropriate overtime rate as defined in Article
4.6(4) of this Agreement and any additional hours worked as defined in Article 4.6(C) of this Agreement.
B
C.
D.
6 ARTICLE V _ MEALS
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
5.1 5.2
5.3 5.4
2021s - 20252
The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V - Meals.
If the City requires an employee to perform work for one and one-half (l-Il2) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide a meal allowance at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them, not to exceed one hour, shall be at the City's expense.
When the City requires employees to work on non-workdays without notice, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at four (4) hour intervals thereafter.
When an employee is required to perform preilranged work on non-work days during regular work hours, he/she shall observe the lunch arrangement which prevails on hisftrer work days. If such work continues after regular work hours, the City shall provide the employee with meal allowances in accordance with the provisions of Section 5.1 hereof.
5.5 If the City requires an employee to perform prearranged work starting two (2) hours or more before regular work hours on workdays or non-workdays, and such employee continues to work into regular work hours, the employee shall be provided one (1) meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meals provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail.
ARTICLE VI - TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a l0%o wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded.
ARTICLE VII - TOOI,S UNIFORM ALLOWANCE
The City agrees to provide all necessary uniforms and safety equipment for the following classifications in the General Services Unit and provide a uniform care and cleaning allowance of $600 per year. The uniform allowance shall be paid bi- weekly.
o
o Animal Services Supervisor
7 7.1
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES LINIT
7.2 20239 - 20252
o Assistant Animal Services Officer
oM
o Field Services Representative
o Field Services Supervisor
o Parking Enforcement Assistant
o Police Records Clerk
o Police Records Clerk Supervisor
r Senior Police Records Clerk
o
A. The Field Services Representative and the Field Services Supervisor shall be provided with uniforms that meet the requirements for flame retardant clothing. Uniforms provided by the City shall include a jacket, pants, and shirts, and appropriate rain gear. Jackets shall be replaced as needed.
B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision that appears to grant the listed classifications both a city provided uniform and a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in the event the City and IBEW propose a quartermaster uniform system that incorporates the Field Services classifications.
The City and AFSCME mutually agree that the City shall purchase appropriate foul-weather coats and boots as deemed necessary for field personnel.
The City agrees to provide prescription safety glasses up to a maximum cost of $500 per pair as required. A maximum of two (2) pair of prescription safety glasses will be provided by the City during employment except as indicated in7.5 and7.6 below.
The employee shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for prescription safety frames and lenses to the City of Lodi for reimbursement.
Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows:
If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City.
If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement.
If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary.
7.3 7.4
7.5 1
2 J
8 MOU- CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
7.6 20239 - 20252
4 If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above.
The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employees payroll check after a determination of cost has been made by the City.
Where the City would be required to replace issued safety glasses due to abuse by the employee.
Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing.
a
J Failure on the part of an applicable employee to retum issued safety glasses, regardless of condition, upon separation from City service.
Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City.
When an employee's personal clothing is damaged in the line of duty, the employee may request to have the item replaced or repaired at the City's expense. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
The City shall have the sole discretion to approve or deny the request, and its denial shall not be grievable.
Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employees claim.
Items replaced shall be of similar, or the same value as the item being replaced. The City may require the employee to forfeit the damaged item to the City for inspection.
e. All requests for reimbursement shall be accompanied by receipts.
Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing glasses. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
Glasses replaced shall be of an equal or similar value to the glasses that were damaged.
I
2 7.7
7.8 b.
c.
d.
7.9 b
9 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
c.
2021s - 202t)
Any insurance benefit paid to the employee or paid by the insurance provider toward the replacemenVrepair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider.
Example:
Cost of Eyewear/Repair
Insurance Pays
Reimbursed to employee
$ 1s0
$100
$s0
d. All requests for reimbursement shall be accompanied by receipts.
ARTICLE VIII _ SAFETY BOOT/FOOTWEAR PROVISIONS
8.1 The City agrees to provide an annual boot allowance of $25e$35Q, paid semi- annually as part of the last biweekly payroll in the months of April and October of each year, for the following classifications:
Building Inspector I/II
ffiCommunity Improvement Offrcer I/II
Engineering Technician I/II
Jr. Engineer
Public Works Inspector I/II
Sr. Engineering Technician (1) (who do inspection/survey work) Supervising Code/Community Improvement Offi cer
Records Clerk
Senior Police Administrative Clerk (if assigned to Records division) Police Records Supervisor
Animal Services Supervisor
Assistant Animal Scrviccs Officcr
Parking Enforcement As sistant
Water Services Technician I/II
Safety boots are defined as leather work boots with a minimum of 4" ankle support. Employees have the option of purchasing these boots with or without steel toes.
Employees who are assigned to a Lodi Police Department job site, or are supervised by Lodi Police Department personnel, and who are required to wear a uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi Police Department Policy and Procedure Section 2l0.lc mandate. This includes appropriate foot wear for Class B and Class A uniforms.
The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions.
8.2 8.3
8.4 10
8.5 MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2021s - 20252
Employees who are required to wear specific boots or shoes per any City of Lodi Policy and Procedures mandate, must wear the appropriate footwear when performing the duties/tasks of the assigned classification.
8.6 Employees performing duties/tasks without the prescribed appropriate footwear may be required to vacate the job site until such time as they can return wearing the required footwear for the classification/duties/tasks. Time spent away from the job site for this purpose shall not be paid City of Lodi time.
8.7 Safety footwear for Field Services Representatives and the Field Services Supervisor shall be provided by the Electric Utility Department and shall meet the Electrical Hazard (EH) rating.
8.8 The City will provide all mandated Personal Protective Equipment (PPE) as required, including appropriate rubber glove and leather protectors for Field Services Representatives and the Field Services Supervisor.
ARTICLE IX _ EDI]CATION INCENTIVES
9.1 Employees in sub-professional engineering positions having the following certificates will receive an additional $23.08 per pay period:
Engineer in Training
Land Surveyor in Training
Land Surveyor
9.2 Employees in the classification of Public Works Inspector I and Public Works Inspector II are eligible for the following incentives:
2Yo of base salary for possession of a Distribution 1 (Dl) certificate $60.00 per month for possession of a Distribution2 (D2) certificate $40.00 per month for possession of a Treatment I (T1) certificate $40.00 per month for possession of a Collection I (Cl) certificate ARTICLE X _ NOTA PUBLIC INCENTIVE
10.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. The City will provide Errors and Omissions insurance for employees who perform notary duties as part of their employment.
ARTICLE XI - BILINGUAL PAY
11.1 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly.
The City Manager has the discretion in determining the languages that will be recognized.
REIMBURSEMENTARTICLE XII - TUITI
11 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20252
l2.l Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU.
ARTICLE XIII - COURT APPEARANCES
13.1 Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave.
13.2 If jury duty attendance is less than one-half (%) of a normal working day, the employee is expected to return to work.
13.3 Employees assigned to shift work shall not be scheduled for regular work during the 12 hours preceding the scheduled time for jury duty.
13.4 If an employee has had jury duty of six (6) hours ormore during a sixteen (16) hour period immediately preceding the beginning of or following the end of his/her regular work hours on a work day, he/she will be given a rest period of six (6) consecutive hours.
13.5 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half time (1%) his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Department Head designee must be notified in writing of the off duty appcarancc within scvcnty-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance.
ARTICLE XIV - MILEAGE COMPENSATION
l4.l Employees using their personal automobile for City business, with their Department Head's approval, shall receive mileage compensation equal to that allowed by the Intemal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies.
I4.2 Allowance changes shall be effective the first day of the month following the determination of a change by the IRS.
Chapter 2 Leaves
ARTICLE XV - CAT C I,EAVE
15.1 Catastrophic Leave will be provided as stated in the City's current policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as t2
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20252
identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability.
15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability.
ARTICLE XVI _ BEREAVEMENT LEAVE
16.l Employees shall be granted three (3) days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's:
Spouse/domestic partner
Child/step-child
Grandparent-in-law
S isterftralf- si ster/step-si ster
Parent/step-parent/foster parent
Son or Daughter-in-Law
Brother/half-brother/step-brother
Parent-in-law
Grandparent
Grandchild
or a more distant relative who was a member of the employee's immediate household at the time of death.
16.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days for classifications in the General Services Unit.
ARTICLE XVII - HOLIDAYS
17.l Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
January I
3'd Monday in January
3'd Monday in February
Last Monday in May
June 19
July 4
1't Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve (4 hours)
Christmas Day
Employees receive holiday pay iflwhen they work on the above City-recognized national holiday.
In addition, each employee shall be granted an additional thirty-six (36) hours of holiday leave (floating holiday) to be taken off at a time mutually agreed upon between the employee and the Department Head. Holiday leave cannot be canied over into the following calendar year.
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Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year.
17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day.
I7.3 Bargaining unit members will be granted a day off on the Saturday and Sunday preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and Sunday following the observance of a Saturday holiday on the preceding Friday by the City and the Library. Bargaining unit members will also be granted a day off on Easter Sunday.
17.4 Holiday time-mayshall be taken in no less than quarter hour increments ARTICLE XVIII _ LEAVE OF ABSENCE
18.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU.
ARTICLE XIX - SICK LEAVE
19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period.
19.2 Sick leave may be accumulated up to an unlimited amount.
19.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010.
ARTICLE XX _ VACATION LEAVE
20.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire:
6th year
l2th year
l5thyear
2l't year
22"d year
23'd year
24th year
25th year & over
3.08 hours per pay period
4.62 hours per pay period
5.24 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
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20.2 If a conflict arises in the scheduling of vacations for employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest seniority. The senior employee shall receive first choice in any scheduling period.
20.3 For all persons hired after September l,1995 the maximum vacation accrual will be 6.16 hours per pay period.
20.4 The maximum 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.
20.5 I Inder circumstances- reouests to accrue leave over the maximum mav be authorized bv the Citv Manaser. For all issues regarding Vacation Leave refer to the Ci tv's nolicv on Vacation Leave Chapter 3 - Insurance and Retirement
ARTICLE XXI _ MEDICAL INSURANCE
2l.l A11 employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. Effective January 1,2023?s+8, the City will contribute the following amounts toward the medical premium:
$+#%5+$2pAff2
$r+8#e$1t42zl
$69H $77r.3s
per month for family
per month for employee +1 dependent
per month for employee only
The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected.
21.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu):
$692.81 per month for family
9532.92 per month for employee * I dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided to the City.
2I.3 Effective January l, 2023M and through December 31, 2025W2, the maximum amount the City will pay towards medical premiums will be increased l5
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by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $47,000.
Percentage increases shall be based upon the amounts paid by City ($69&20$72115 for Employee only, ${.pgs.39$lJ42Jf for Employee +1, $+7945+$2J0512 for Family).
21.4 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi.
2I.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benehts for the unmarried surviving spouse and any minor children of any member of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available.
ARTICLE XXII _ DENTAL AND ORTHODONTIA INSURANCE
22.1 +alinstranee.The City will pav the
full cost for dental premiums for employee and elieible dependents.
22.2 tl+aNimum Uenelts are $t;
pef€alendafJear. The annual maximum benefit is $1,250 for each family member enrolled in the dental plan per calendar year. There is a $25 deductible plus co- insurance features.
22.3 Effective January l, 2023, the City shall provide orthodontia benefits, up to a lifetime cap of $1.250 for each person covered under the plan.
ARTICLE XXIil _ USION INSURANCE
23.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a$25 deductible for the employee and dependents. The entire premium shall be paid by the City.
ARTICLE XXIV _ CHIROPRACTIC
24.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXV _ LIFE INSURANCE
25.1 The City agrees to provide a life insurance program providing $25,000 term life insurance which includes a $25,000 Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 2l years, unmarried student dependent children to23'd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance.
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The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the General Services Unit.
ARTICLE XXVI _ G TERM DISABILITY
26.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2l3Yo to a maximum of $10,000 per month of the employee's basic monthly eamings in the event of disability. This program conrmences sixty (60) days from the date of disability. Please refer to the City's Policy on Long Term Disability.
26.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XXVII - COMPENSATION
27.I The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employees upon receiving said benefits such paid by Workers' Compensation shall also receive compensation from the City in an amount that when added to the Workers' Compensation payment shall equal the employees regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City.
XXVII - FLEXIBLE
28.I The City will maintain a pre-tax "flexible spending account" to conform to IRS regulations to be used for premium contributions, dependent care and/or un- reimbursable medical payments for unit members. Effective in plan year 2023?$+&, the Medical Flexible Spending Account (FSA) will-includeg a catryover provision which allows an active participant to automatically carryover up to $5O0 to the IRS limit ($550 for plan year 2023) to the new plan year.
Carrvover allowance mav increase to vear denendins on IRS limit.
However, amounts over the IRS limit $500 will be forfeited after the final filing date, if left unclaimed.
ARTICLE XXIX - DEFERRED COMPENSATION
29.1 The City shall match contributions by General Service employees to a deferred compensation program up to a maximum of 3.0oh of the employee's gross salary.
ARTICLE XXX _ PERS
30.1 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "classic" employees by PERS:
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PERS *2Yo at 55" full formula retirement benefits plus the following additional options:
The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit (Section 21298).
Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4).
Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section21263 and Section 21263.1 and 21263.3).
Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8).
Military Service Credit as Public Service (Section 21024).
Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
50% survivor continuation in the event of death after retirement.
Employee shall pay employee share of retirement at 7% effective December 31,2013.
30.2 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 Employees' Pension Reform Act of 2013 (PEPRA):
PERS *2Yo at 62" fvll formula retirement benefits plus the following additional options:
The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit.
Third lcvcl of 1959 Survivor Bcncfit which providcs for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement.
Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement.
Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement.
Military Service Credit as Public Service.
Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
50% survivor continuation in the event of death after retirement.
Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation.
30.3 Effective May 20,2019, in accordance with California Government Code $20516 contract amendment process requirements, each employee in this unit shall pay two percent (2Yo) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective July 13,2020, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CaIPERS normal 18 a.
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2021s - 20252
pension cost (cost-sharing). Effective January lI, 2021, each employee in this unit shall pay an additional one percent (l%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective January I0,2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CaIPERS normal pension cost (cost-sharing).
ARTICLE XXXI - SI LEAVE CONVERSION
31.1 For all unused sick leave, a represented employee with ten (10) years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) using one of the following options:
Option #1 - Conversion
After ten (10) years of employment with the City, 50Yo of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten (10) years, the employee shall be entitled to add 2.5Yo to the 50% before converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave 1800 + 8 x 75% + 12 14.06 years ofcoverage
The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXI. Any differences created by an increase in premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died.
Option #2 -Bank
50Yo of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years,2.5yo will be added to the 50%o before valuing the size of the bank. Each hour of sick leave is valued at $20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave (multiplication factor - $20.00).
1800 x 75% x 20.00 $27,000.00
This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance in gone.
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In the event the retiree dies, the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. 3I.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving spouse will have an interest in one-half the value of the Bank option as calculated in section 30.1.
31.3 Employees selecting option #l or #2, who retire on a service retirement shall have the option of purchasing at the employee's cost additional medical insurance sufficient to reach age 65.
31.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 30.1 of this Article.
Option #3 - PERS Credit
31.5 Per the California Government Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of determining days creditable.
31.6 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums as referenced in options 1-2. The only option available to these employees is Option #3, PERS credit.
31.7 Option #3 is available to all represented employees meeting PERS eligibility requirements.
31.8 If an employee opts to utilize the provisions of Option #1 or Option #2, the City will report to PERS they have zero hours of unused sick leave.
Chapter 4- Union / Citv Issues
ARTICLE XXXII _ UNION LEAVE
32.1 Whenever any employee is absent from work as a result of a formal request by AFSCME to send an employee to be involved in Association business, the City shall pay for all regular time lost and shall be reimbursed therefore by AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate.
32.2 The City agrees to provide storage space to AFSCME for association materials.
ARTICLE - I,AYOF'X'
33.1 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager.
ARTICLE XXXIV _ CHANGES IN MEMORANDUM
20 I
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34.1 The parties agree to reopen this MOU and to renew meeting and conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation or by order of Court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they are also modified by statute, applicable regulation or order of Court, or agreement of the parties.
ARTICLE XXXV _ CITY RIGHTS
35.1 It is understood and agreed between the parties that nothing contained in this Memorandum 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; to determine the methods, means and personnel by which government operations are to be conducted.
Take all necessary actions to carry out its mission in emergencies.
Exercise complete control and discretion in 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 take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employees organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment.
ARTICLE XXXVI _ YEE REPRESENTATION
36.I This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (AFSCME) for the General Services Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Sections 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 in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties a
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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meet and confer regarding a change in such existing benefits, terms or conditions of employment.
The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A.
36.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 20ll-51
AFSCME shall indemnifu, defend, and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check-off of said employee organization's dues. In addition, AFSCME shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence.
36,3 UNION SECUzuTY. MEMBERSHIP AND DUES CHECK OFF
Union Membership - All employees covered by this Agreement shall have the opportunity to be a member of AFSCME. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting.
Membership status shall remain in effect per the terms set forth in the AFSCME Membership Application. Only AFSCME members are afforded exclusive UNION membership rights.
The CITY shall provide the UNION, on a monthly basis, the name, home address and departmsnt, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted.
Dues Check Off - On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the tlNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the LfNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY.
Payroll deductions shall be limited to the following choices:
Union Membership Dues
AFSCME Voluntary Political Action Check Off (PEOPLE)
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The Union will comply with its legal obligation regarding the administration of this section.
Hold Harmless - The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article.
36.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate Department Dead or designee and shall include the date, location, time and general purpose of such meeting. The City may establish reasonable regulations governing the use of such facilities.
36.5 No City employee or applicant for employment shall be discriminated against any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability.
36.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy 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 any issue, the applicable document is controlling.
ARTICLE XXXVII - GRIEVANCE PROCEDURE
37.1 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, formal interpretations and clarifications executed by AFSCME and the City.
The intent of this procedure is to resolve grievances informally al the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application or enforcement of the express terms of the MOU and other terms and conditions of employment and matter of discipline which includes demotion, suspension or discharge.
As used in procedure, the term "PARTY" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the procedure.
37.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein:
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a. Interpretation or application of any of the terms of this MOU, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension, or discipline (i.e.. pay reduction) of an individual employee. Fnrployecs shall t
reprirnand threugh the eh
ievanee'
c. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa.
n the chain
of command up to the @ City Manager or designee. The
decisionofthe@CityManagerordesigneeisfinaland
binding and not subiect to further grievance.
37.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the Grievant became aware of the incident which is the basis of the Grievance.
37.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement signed by the Grievant shall be presented to the department head which shall includc the action being grieved and the desired remedy. A discussion sholl then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days of the date the department head receives the written statement.
37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall be the presentation of the Grievance, in writing, by the employee or his or her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in STEP TWO.
37.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision.
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Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and AFSCME shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association.
To insure that the arbitration process is as brief and economical as possible, the following guide lines shall be adhered to:
An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration.
Both parties and the arbitrator may tape record the hearing 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.
The parties may agree to prepare a joint letter submitting 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 that 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.
The strict rules of evidence are not applicable and the hearing shall be informal.
The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation.
The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious.
Attendance at a hearing shall be limited 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 representative and the employer's representative.
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25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 202y2
The arbitration hearing will be held on the employer's premises.
The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties.
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 shall contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract fiom, or modiff the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the 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. 37 .7 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 35.3,35.4,35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances 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.
37.8 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3.
37.9 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVII _ MUTUAL CONSENT CONTINGENCY
38.1 This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU.
ARTICLE XXXIX - NO STRIKES
39.I The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick-ins" or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU.
ARTICLE XL - PROBATIONARY PERIOD
40.1 All appointments to positions in the classified service shall be subject to a probationary period of twelve (12) continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his/her new duties, assignments and responsibilities in his/her new position and for rejecting any probationary 26 l.
J
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20252
employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he/she has not satisfactorily completed probation.
40.2 During the probationary period, all new hires shall have the rights and privileges afforded to other employees, except:
Vacation Leave - See Article XX for vacation schedule.
The use of the Grievance Procedure to grieve termination.
The City and the employee may mutually agree to extend the probationary period in increments up to six (6) months. The total extended probationary period shall not exceed twelve (12) months. AFSCME must be notified of all extensions by Human Resources.
40.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position from which he/she was promoted. The seniority and status of a rejected candidate shall continue as before.
ARTICLE XLI _ PROMOTION
4l.l The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within consistent with the best interests of the City.
ARTICLE XLII . SENIORITY
42.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an employee is:
a. Inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights.
b. On duty with the National Guard.
c Is absent due to industrial disability
d. On leave of absence.
Absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLIII - SHOP STEWARDS
43.1 AFSCME agrees to noti$ the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classihcations and shall not intemrpt the work of other employees. A steward 27 a.
b.
c.
MOU-CITY OF LODI AND AFSCME GENERAL SERVICES LINIT
20210 - 202t2
may, with reasonable notice and approval of his or her supervisor, leave the job during working hours for reasonable periods to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his presence is necessary in the judgment of his/her supervisor for the safe conduct and efficiency of the operations in which he/she is engaged.
ARTICLE XLIV - STATUS
44.1 Employees shall be designated as regular or probationary a. A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration, Article X (Probationary Period).
A probationary employee is defined as an employee hired for a fulI time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he/she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve (12) month of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee.
ARTICLE XLV - TERM
45.1 The terms and conditions of this MOU shall continue in effect until such time as thcy arc supcrscdcd by a signcd agrccmcnt/Mou bctwccn thc City of Lodi and AFSCME. The parties agree as follows:
TERM: Covering the period from January 1,2022M through December 31, ry5w2.
b
28 MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
202J9 - 202s2
EXHIBIT A
Salary Schedule - General Services
Effective January 9, 2023
29 MOU-CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 20252
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2021s - 202y2
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31 MOU. CITY OF LODI AND AFSCME GENERAL SERVICES TINIT
A.F.S.C.M.E. COUNCIL 57
LOCAL I46-AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
Terri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
Thomas Gabriel, M&O Representative
Date:
Denick Spagnola, M&O Representative
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date:
20234 - 20252
CITY OF'LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Date:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney
Attest:
OliviaNashed, City Clerk
32 RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE MEMORANDUM OF UNDERSTANDING WITH THE
AFSCME – GENERAL SERVICES UNIT FOR THE PERIOD
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
========================================================================
WHEREAS, representatives from the City and the AFSCME – General Services Unit have bargained in good faith and reached a tentative agreement on a successor MOU; and
WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with AFSCME – General Services Unit to include the following:
• Term: January 1, 2023 to December 31, 2025;
• Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents w ith a lifetime maximum benefit of $1,250.
• Increase the annual boot allowance from $250 to $350. • Addition of a fixed holiday in observance of Juneteenth.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME – General Services, effective January 1, 2023 through December 31, 2025.
Date: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
I
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F.S.C.M.E. CO 57
LOCAL I46-AFL.CIO
GENERAL CES UNIT
January 1,2023?4EF_ - December 3 L,2025M2
Exhibit A
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
TABLE OF CONTENTS
CHAPTER 1- SALARIES AND OTHER COMPENSATION
2023s - 20252
Page #
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
CHAPTER 2 _ LEAVES
Article XV
Article XVI
Article XVII
Article XVIII
Article XIX
Article XX
Salary
Hours
Compensatory Time
Overtime
Meals
Temporary Upgrade
Tools and Uniform Allowance
Safety/Safety Boot Provisions
Education Incentives
Notary Public Incentive
Bilingual Pay
Tuition Reimbursement
Court Appearances
Mileage Compensation
Catastrophic Leave
Bereavement Leave
Holidays
Leave of Absence
Sick Leave
Vacation Leave
4 4
4 5
6 7
7 l0
11 11
11 1l
ll
t2
12 t2
13 t4
t4
t4
CHAPTER 3 _ INSURAN CE AND RETIREMENT
Article XXI
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVU I
Article XXIX
Article XXX
Article XXXI
CHAPTER 4 _ UNION / CITY ISSUES
Medical Insurance
Dental lnsurance
Vision Insurance
Chiropractic
Life Insurance
Long Term Disability
Workers' Compensation
Flexible Spending Account
Deferred Compensation
PERS
Sick Leave Conversion
Union Leave
Layoff
Changes in Memorandum
15 t6
t6
t6
t6
16 l7
t7
t7
t7
18 Article XXXII
Article XXXII I
Article XXXN
20 20
20 2
MOU- CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 20252
Article XXXV
Article XXXVI
Article XXXVI
Article XXXVIII
Article XXXX
Article XL
Article XLI
Article XLII
Article XLIII
Article XLIV
Article XLV
City Rights
Employee Representation
Grievance Procedure
Mutual Consent Contingency
No Strikes
Probationary Period
Promotion
Seniority
Shop Stewards
Status
Term
20 2t
23 26
26 26
26 27
27 27
28 29
30 Exhibit A - Salary Schedule effective February 10,2020 Exhibit B - Certification Requirements and Incentive Chart J
MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 202s2
Chanter 1 - Salaries and Other CoInDensation
ARTICLE I _ SALARY
1.1 2022; the City shal The Citv
shall orovide wase increases over term of the contract as follows:
Six oercent ( ) effective .Ianuarv 9 - 2023'-
Five percent (5%) effective January 8,2A24: and
Four percent (4%) effective Januarv 6-2025.
1.3 For comparison purposes, the recognized survey cites are as follows:
Chico Clovis Davis Fairfield Merced
Modesto Redding Roseville Stockton Tracy
Vacaville Visalia Woodland
Manteca
Turlock
ARTICLE II _ HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the Supervisor.
Employees of the Library may work a schedule which includes split days off. The hours of work shall vary according to a pre-posted work schedule.
Parking Enforcement Assistants and Animal Control personnel shall work a schedule which may provide at least one person to work each Saturday. c. Altemate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor.
2.2 Work schedules presently in effect shall remain in effect. Any change in work hours or workdays shall be a meet and confer item.
ARTICLE III - COMPENSATORY TIME
3.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate for overtime worked.
The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable.
4 a.
b
3.1.1 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
3.2 20239 - 202s2
No more than two hundred (200) hours of compensatory time may be carried on the books at any time.
Employees who are required to report for prearranged work on their non-work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours.
4.3 Rest Period
If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours, on a work day, he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours.
Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and october. A request to cash out leave must be in writing and submitted to the Finance Division.
3.5 Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance.
ARTICLE IV - OVERTIME
4.1 Overtime work paid at the time and one half rate, is work performed by an employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Section 2.1 and2.2. b. Time worked on a non-work day.
Time worked on a holiday will be paid at time and one-half rate (I%). Hours worked on a holiday, as part of an employee's regular work schedule shall be compensated as above, plus regular straight time pay. Holiday, for overtime pu{poses, is defined within the Holiday section of this MOU.
Overtime work paid at the double time rate is work performed in excess of twelve (12) hours, between 12:00 a.m. and 12:00 a.m. on any given day, or for any hours between the hours of 12:00 a.m. and 6:00 a.m. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require substantive work would receive the standard three (3) hour callback at the appropriate overtime rate.
3.4 4.2
5 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
4.4 2021s - 202y2
When, at the request of the Supervisor in charge, an employee reports for preaffanged overtime:
a. On work days outside of regular work hours, shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into regular work hours, shall be paid overtime compensation only for actual work time up to regular work hours.
b. On non-work days or on holidays, shall be paid overtime compensation fbr actual work time in connection therewith.
For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of preceding work period on a work day.
The Animal Services Supervisor, and Assistant Animal Services Officer serye on an on call basis on a weekly basis and shall be compensated $200 per week for weeks they serve on call.
4.5 4.6 Call Out Pay:
A. The employees called out shall be paid at the rate of one and one half (l%) times the straight time rate of pay for time worked on emergency calls before 12:00 a.m.. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time.
The first call-out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 4.6 (A) of this Agreement.
Subsequent calls on the same calendar day will be paid for actual time worked at the appropriate overtime rate as defined in Article 4.6(A) of this Agreement.
All subsequent hours worked on a call-out shall be paid at the appropriate overtime rate per Article 4.6(A) of this Agreement.
Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work to be performed, will be paid one (l) hour at the appropriate overtime rate as defined in Article 4.6(,4.) of this Agreement. Calls lasting longer than ten (10) minutes, text messages and/or emails that require substantive work will receive the standard three (3) hour minimum at the appropriate overtime rate as defined in Article
4.6(4) of this Agreement and any additional hours worked as defined in Article 4.6(C) of this Agreement.
B
C.
D.
6 ARTICLE V _ MEALS
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
5.1 5.2
5.3 5.4
2021s - 20252
The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V - Meals.
If the City requires an employee to perform work for one and one-half (l-Il2) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide a meal allowance at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them, not to exceed one hour, shall be at the City's expense.
When the City requires employees to work on non-workdays without notice, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at four (4) hour intervals thereafter.
When an employee is required to perform preilranged work on non-work days during regular work hours, he/she shall observe the lunch arrangement which prevails on hisftrer work days. If such work continues after regular work hours, the City shall provide the employee with meal allowances in accordance with the provisions of Section 5.1 hereof.
5.5 If the City requires an employee to perform prearranged work starting two (2) hours or more before regular work hours on workdays or non-workdays, and such employee continues to work into regular work hours, the employee shall be provided one (1) meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meals provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail.
ARTICLE VI - TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a l0%o wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded.
ARTICLE VII - TOOI,S UNIFORM ALLOWANCE
The City agrees to provide all necessary uniforms and safety equipment for the following classifications in the General Services Unit and provide a uniform care and cleaning allowance of $600 per year. The uniform allowance shall be paid bi- weekly.
o
o Animal Services Supervisor
7 7.1
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES LINIT
7.2 20239 - 20252
o Assistant Animal Services Officer
oM
o Field Services Representative
o Field Services Supervisor
o Parking Enforcement Assistant
o Police Records Clerk
o Police Records Clerk Supervisor
r Senior Police Records Clerk
o
A. The Field Services Representative and the Field Services Supervisor shall be provided with uniforms that meet the requirements for flame retardant clothing. Uniforms provided by the City shall include a jacket, pants, and shirts, and appropriate rain gear. Jackets shall be replaced as needed.
B. City and bargaining unit agree to reopen Section 7.1 to discuss the provision that appears to grant the listed classifications both a city provided uniform and a uniform allowance. Further, City and unit agree to reopen Section 7.1 A. in the event the City and IBEW propose a quartermaster uniform system that incorporates the Field Services classifications.
The City and AFSCME mutually agree that the City shall purchase appropriate foul-weather coats and boots as deemed necessary for field personnel.
The City agrees to provide prescription safety glasses up to a maximum cost of $500 per pair as required. A maximum of two (2) pair of prescription safety glasses will be provided by the City during employment except as indicated in7.5 and7.6 below.
The employee shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for prescription safety frames and lenses to the City of Lodi for reimbursement.
Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows:
If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City.
If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement.
If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary.
7.3 7.4
7.5 1
2 J
8 MOU- CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
7.6 20239 - 20252
4 If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above.
The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employees payroll check after a determination of cost has been made by the City.
Where the City would be required to replace issued safety glasses due to abuse by the employee.
Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing.
a
J Failure on the part of an applicable employee to retum issued safety glasses, regardless of condition, upon separation from City service.
Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City.
When an employee's personal clothing is damaged in the line of duty, the employee may request to have the item replaced or repaired at the City's expense. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
The City shall have the sole discretion to approve or deny the request, and its denial shall not be grievable.
Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employees claim.
Items replaced shall be of similar, or the same value as the item being replaced. The City may require the employee to forfeit the damaged item to the City for inspection.
e. All requests for reimbursement shall be accompanied by receipts.
Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing glasses. a. Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
Glasses replaced shall be of an equal or similar value to the glasses that were damaged.
I
2 7.7
7.8 b.
c.
d.
7.9 b
9 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
c.
2021s - 202t)
Any insurance benefit paid to the employee or paid by the insurance provider toward the replacemenVrepair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider.
Example:
Cost of Eyewear/Repair
Insurance Pays
Reimbursed to employee
$ 1s0
$100
$s0
d. All requests for reimbursement shall be accompanied by receipts.
ARTICLE VIII _ SAFETY BOOT/FOOTWEAR PROVISIONS
8.1 The City agrees to provide an annual boot allowance of $25e$35Q, paid semi- annually as part of the last biweekly payroll in the months of April and October of each year, for the following classifications:
Building Inspector I/II
ffiCommunity Improvement Offrcer I/II
Engineering Technician I/II
Jr. Engineer
Public Works Inspector I/II
Sr. Engineering Technician (1) (who do inspection/survey work) Supervising Code/Community Improvement Offi cer
Records Clerk
Senior Police Administrative Clerk (if assigned to Records division) Police Records Supervisor
Animal Services Supervisor
Assistant Animal Scrviccs Officcr
Parking Enforcement As sistant
Water Services Technician I/II
Safety boots are defined as leather work boots with a minimum of 4" ankle support. Employees have the option of purchasing these boots with or without steel toes.
Employees who are assigned to a Lodi Police Department job site, or are supervised by Lodi Police Department personnel, and who are required to wear a uniform, shall be entitled to the safety shoe/boot allowance that meet the Lodi Police Department Policy and Procedure Section 2l0.lc mandate. This includes appropriate foot wear for Class B and Class A uniforms.
The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions.
8.2 8.3
8.4 10
8.5 MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT 2021s - 20252
Employees who are required to wear specific boots or shoes per any City of Lodi Policy and Procedures mandate, must wear the appropriate footwear when performing the duties/tasks of the assigned classification.
8.6 Employees performing duties/tasks without the prescribed appropriate footwear may be required to vacate the job site until such time as they can return wearing the required footwear for the classification/duties/tasks. Time spent away from the job site for this purpose shall not be paid City of Lodi time.
8.7 Safety footwear for Field Services Representatives and the Field Services Supervisor shall be provided by the Electric Utility Department and shall meet the Electrical Hazard (EH) rating.
8.8 The City will provide all mandated Personal Protective Equipment (PPE) as required, including appropriate rubber glove and leather protectors for Field Services Representatives and the Field Services Supervisor.
ARTICLE IX _ EDI]CATION INCENTIVES
9.1 Employees in sub-professional engineering positions having the following certificates will receive an additional $23.08 per pay period:
Engineer in Training
Land Surveyor in Training
Land Surveyor
9.2 Employees in the classification of Public Works Inspector I and Public Works Inspector II are eligible for the following incentives:
2Yo of base salary for possession of a Distribution 1 (Dl) certificate $60.00 per month for possession of a Distribution2 (D2) certificate $40.00 per month for possession of a Treatment I (T1) certificate $40.00 per month for possession of a Collection I (Cl) certificate ARTICLE X _ NOTA PUBLIC INCENTIVE
10.1 Employees who possess a Notary Public certification and use the Notary Public service as a part of their employment duties with the City will receive a monthly incentive of $40.00. The City will provide Errors and Omissions insurance for employees who perform notary duties as part of their employment.
ARTICLE XI - BILINGUAL PAY
11.1 Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly.
The City Manager has the discretion in determining the languages that will be recognized.
REIMBURSEMENTARTICLE XII - TUITI
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2021s - 20252
l2.l Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU.
ARTICLE XIII - COURT APPEARANCES
13.1 Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave.
13.2 If jury duty attendance is less than one-half (%) of a normal working day, the employee is expected to return to work.
13.3 Employees assigned to shift work shall not be scheduled for regular work during the 12 hours preceding the scheduled time for jury duty.
13.4 If an employee has had jury duty of six (6) hours ormore during a sixteen (16) hour period immediately preceding the beginning of or following the end of his/her regular work hours on a work day, he/she will be given a rest period of six (6) consecutive hours.
13.5 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half time (1%) his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Department Head designee must be notified in writing of the off duty appcarancc within scvcnty-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance.
ARTICLE XIV - MILEAGE COMPENSATION
l4.l Employees using their personal automobile for City business, with their Department Head's approval, shall receive mileage compensation equal to that allowed by the Intemal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies.
I4.2 Allowance changes shall be effective the first day of the month following the determination of a change by the IRS.
Chapter 2 Leaves
ARTICLE XV - CAT C I,EAVE
15.1 Catastrophic Leave will be provided as stated in the City's current policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as t2
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20252
identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability.
15.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability.
ARTICLE XVI _ BEREAVEMENT LEAVE
16.l Employees shall be granted three (3) days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral. The immediate family shall be limited to an employee's:
Spouse/domestic partner
Child/step-child
Grandparent-in-law
S isterftralf- si ster/step-si ster
Parent/step-parent/foster parent
Son or Daughter-in-Law
Brother/half-brother/step-brother
Parent-in-law
Grandparent
Grandchild
or a more distant relative who was a member of the employee's immediate household at the time of death.
16.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days for classifications in the General Services Unit.
ARTICLE XVII - HOLIDAYS
17.l Members of this Unit shall observe the following nationally observed holidays:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
January I
3'd Monday in January
3'd Monday in February
Last Monday in May
June 19
July 4
1't Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve (4 hours)
Christmas Day
Employees receive holiday pay iflwhen they work on the above City-recognized national holiday.
In addition, each employee shall be granted an additional thirty-six (36) hours of holiday leave (floating holiday) to be taken off at a time mutually agreed upon between the employee and the Department Head. Holiday leave cannot be canied over into the following calendar year.
13 MOU - CITY OF LODI AND AFSCME GENERAL SERVTCES UNIT
2021e - 202-
Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year.
17.2 Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day.
I7.3 Bargaining unit members will be granted a day off on the Saturday and Sunday preceding any holiday observed by the City and the Library on a Monday.
Bargaining unit members will also be granted a day off on the Saturday and Sunday following the observance of a Saturday holiday on the preceding Friday by the City and the Library. Bargaining unit members will also be granted a day off on Easter Sunday.
17.4 Holiday time-mayshall be taken in no less than quarter hour increments ARTICLE XVIII _ LEAVE OF ABSENCE
18.1 Leave of Absence will be provided as stated in the City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU.
ARTICLE XIX - SICK LEAVE
19.1 Effective December 8, 2003, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period.
19.2 Sick leave may be accumulated up to an unlimited amount.
19.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010.
ARTICLE XX _ VACATION LEAVE
20.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire:
6th year
l2th year
l5thyear
2l't year
22"d year
23'd year
24th year
25th year & over
3.08 hours per pay period
4.62 hours per pay period
5.24 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
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MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 202s2
20.2 If a conflict arises in the scheduling of vacations for employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest seniority. The senior employee shall receive first choice in any scheduling period.
20.3 For all persons hired after September l,1995 the maximum vacation accrual will be 6.16 hours per pay period.
20.4 The maximum 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.
20.5 I Inder circumstances- reouests to accrue leave over the maximum mav be authorized bv the Citv Manaser. For all issues regarding Vacation Leave refer to the Ci tv's nolicv on Vacation Leave Chapter 3 - Insurance and Retirement
ARTICLE XXI _ MEDICAL INSURANCE
2l.l A11 employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. Effective January 1,2023?s+8, the City will contribute the following amounts toward the medical premium:
$+#%5+$2pAff2
$r+8#e$1t42zl
$69H $77r.3s
per month for family
per month for employee +1 dependent
per month for employee only
The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected.
21.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu):
$692.81 per month for family
9532.92 per month for employee * I dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided to the City.
2I.3 Effective January l, 2023M and through December 31, 2025W2, the maximum amount the City will pay towards medical premiums will be increased l5
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20252
by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than $47,000.
Percentage increases shall be based upon the amounts paid by City ($69&20$72115 for Employee only, ${.pgs.39$lJ42Jf for Employee +1, $+7945+$2J0512 for Family).
21.4 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi.
2I.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benehts for the unmarried surviving spouse and any minor children of any member of this unit who is killed or dies during the performance of official duties. This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available.
ARTICLE XXII _ DENTAL AND ORTHODONTIA INSURANCE
22.1 +alinstranee.The City will pav the
full cost for dental premiums for employee and elieible dependents.
22.2 tl+aNimum Uenelts are $t;
pef€alendafJear. The annual maximum benefit is $1,250 for each family member enrolled in the dental plan per calendar year. There is a $25 deductible plus co- insurance features.
22.3 Effective January l, 2023, the City shall provide orthodontia benefits, up to a lifetime cap of $1.250 for each person covered under the plan.
ARTICLE XXIil _ USION INSURANCE
23.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a$25 deductible for the employee and dependents. The entire premium shall be paid by the City.
ARTICLE XXIV _ CHIROPRACTIC
24.1 The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXV _ LIFE INSURANCE
25.1 The City agrees to provide a life insurance program providing $25,000 term life insurance which includes a $25,000 Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 2l years, unmarried student dependent children to23'd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150 life insurance.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the General Services Unit.
ARTICLE XXVI _ G TERM DISABILITY
26.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-2l3Yo to a maximum of $10,000 per month of the employee's basic monthly eamings in the event of disability. This program conrmences sixty (60) days from the date of disability. Please refer to the City's Policy on Long Term Disability.
26.2 The maximum length of coverage is three (3) years from date of disability.
ARTICLE XXVII - COMPENSATION
27.I The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employees upon receiving said benefits such paid by Workers' Compensation shall also receive compensation from the City in an amount that when added to the Workers' Compensation payment shall equal the employees regular salary. The amount paid by the City shall, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City.
XXVII - FLEXIBLE
28.I The City will maintain a pre-tax "flexible spending account" to conform to IRS regulations to be used for premium contributions, dependent care and/or un- reimbursable medical payments for unit members. Effective in plan year 2023?$+&, the Medical Flexible Spending Account (FSA) will-includeg a catryover provision which allows an active participant to automatically carryover up to $5O0 to the IRS limit ($550 for plan year 2023) to the new plan year.
Carrvover allowance mav increase to vear denendins on IRS limit.
However, amounts over the IRS limit $500 will be forfeited after the final filing date, if left unclaimed.
ARTICLE XXIX - DEFERRED COMPENSATION
29.1 The City shall match contributions by General Service employees to a deferred compensation program up to a maximum of 3.0oh of the employee's gross salary.
ARTICLE XXX _ PERS
30.1 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "classic" employees by PERS:
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20212
PERS *2Yo at 55" full formula retirement benefits plus the following additional options:
The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit (Section 21298).
Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4).
Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section21263 and Section 21263.1 and 21263.3).
Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8).
Military Service Credit as Public Service (Section 21024).
Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
50% survivor continuation in the event of death after retirement.
Employee shall pay employee share of retirement at 7% effective December 31,2013.
30.2 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 Employees' Pension Reform Act of 2013 (PEPRA):
PERS *2Yo at 62" fvll formula retirement benefits plus the following additional options:
The increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit.
Third lcvcl of 1959 Survivor Bcncfit which providcs for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement.
Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement.
Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement.
Military Service Credit as Public Service.
Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
50% survivor continuation in the event of death after retirement.
Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation.
30.3 Effective May 20,2019, in accordance with California Government Code $20516 contract amendment process requirements, each employee in this unit shall pay two percent (2Yo) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective July 13,2020, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CaIPERS normal 18 a.
b.
c
d
e.
f.
('b.
h.
a.
b.
c.
d.
e.
f.
ob.
h.
MOU_CITY OF LODI AND AFSCME GENERAL SERVICES LINIT
2021s - 20252
pension cost (cost-sharing). Effective January lI, 2021, each employee in this unit shall pay an additional one percent (l%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective January I0,2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CaIPERS normal pension cost (cost-sharing).
ARTICLE XXXI - SI LEAVE CONVERSION
31.1 For all unused sick leave, a represented employee with ten (10) years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) using one of the following options:
Option #1 - Conversion
After ten (10) years of employment with the City, 50Yo of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten (10) years, the employee shall be entitled to add 2.5Yo to the 50% before converting the unused sick leave to months of insurance.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave 1800 + 8 x 75% + 12 14.06 years ofcoverage
The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXI. Any differences created by an increase in premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died.
Option #2 -Bank
50Yo of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years,2.5yo will be added to the 50%o before valuing the size of the bank. Each hour of sick leave is valued at $20.00.
EXAMPLE
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave (multiplication factor - $20.00).
1800 x 75% x 20.00 $27,000.00
This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance in gone.
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
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In the event the retiree dies, the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone. 3I.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving spouse will have an interest in one-half the value of the Bank option as calculated in section 30.1.
31.3 Employees selecting option #l or #2, who retire on a service retirement shall have the option of purchasing at the employee's cost additional medical insurance sufficient to reach age 65.
31.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 30.1 of this Article.
Option #3 - PERS Credit
31.5 Per the California Government Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for purposes of determining days creditable.
31.6 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums as referenced in options 1-2. The only option available to these employees is Option #3, PERS credit.
31.7 Option #3 is available to all represented employees meeting PERS eligibility requirements.
31.8 If an employee opts to utilize the provisions of Option #1 or Option #2, the City will report to PERS they have zero hours of unused sick leave.
Chapter 4- Union / Citv Issues
ARTICLE XXXII _ UNION LEAVE
32.1 Whenever any employee is absent from work as a result of a formal request by AFSCME to send an employee to be involved in Association business, the City shall pay for all regular time lost and shall be reimbursed therefore by AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate.
32.2 The City agrees to provide storage space to AFSCME for association materials.
ARTICLE - I,AYOF'X'
33.1 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager.
ARTICLE XXXIV _ CHANGES IN MEMORANDUM
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 202y2
34.1 The parties agree to reopen this MOU and to renew meeting and conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation or by order of Court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they are also modified by statute, applicable regulation or order of Court, or agreement of the parties.
ARTICLE XXXV _ CITY RIGHTS
35.1 It is understood and agreed between the parties that nothing contained in this Memorandum 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; to determine the methods, means and personnel by which government operations are to be conducted.
Take all necessary actions to carry out its mission in emergencies.
Exercise complete control and discretion in 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 take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employees organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment.
ARTICLE XXXVI _ YEE REPRESENTATION
36.I This Memorandum of Understanding (hereinafter referred to as MOU) is entered into between representatives of the City of Lodi (hereinafter referred to as City) and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (AFSCME) for the General Services Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Sections 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 in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties a
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MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20252
meet and confer regarding a change in such existing benefits, terms or conditions of employment.
The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A.
36.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 20ll-51
AFSCME shall indemnifu, defend, and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check-off of said employee organization's dues. In addition, AFSCME shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence.
36,3 UNION SECUzuTY. MEMBERSHIP AND DUES CHECK OFF
Union Membership - All employees covered by this Agreement shall have the opportunity to be a member of AFSCME. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting.
Membership status shall remain in effect per the terms set forth in the AFSCME Membership Application. Only AFSCME members are afforded exclusive UNION membership rights.
The CITY shall provide the UNION, on a monthly basis, the name, home address and departmsnt, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted.
Dues Check Off - On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the tlNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the LfNION on a bi-weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY.
Payroll deductions shall be limited to the following choices:
Union Membership Dues
AFSCME Voluntary Political Action Check Off (PEOPLE)
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The Union will comply with its legal obligation regarding the administration of this section.
Hold Harmless - The UNION agrees to hold harmless and to indemnify the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article.
36.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate Department Dead or designee and shall include the date, location, time and general purpose of such meeting. The City may establish reasonable regulations governing the use of such facilities.
36.5 No City employee or applicant for employment shall be discriminated against any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability.
36.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy 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 any issue, the applicable document is controlling.
ARTICLE XXXVII - GRIEVANCE PROCEDURE
37.1 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, formal interpretations and clarifications executed by AFSCME and the City.
The intent of this procedure is to resolve grievances informally al the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly.
A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application or enforcement of the express terms of the MOU and other terms and conditions of employment and matter of discipline which includes demotion, suspension or discharge.
As used in procedure, the term "PARTY" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the procedure.
37.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein:
23 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 202y2
a. Interpretation or application of any of the terms of this MOU, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension, or discipline (i.e.. pay reduction) of an individual employee. Fnrployecs shall t
reprirnand threugh the eh
ievanee'
c. Disputes as to whether a matter is proper subject for the Grievance Procedure. d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa.
n the chain
of command up to the @ City Manager or designee. The
decisionofthe@CityManagerordesigneeisfinaland
binding and not subiect to further grievance.
37.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the Grievant became aware of the incident which is the basis of the Grievance.
37.4 STEP TWO: If a grievance is not resolved in the initial step, a written statement signed by the Grievant shall be presented to the department head which shall includc the action being grieved and the desired remedy. A discussion sholl then take place between the employee, his or her representative, and the department head, who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days of the date the department head receives the written statement.
37.5 STEP THREE: If a Grievance is not resolved in STEP TWO, STEP THREE shall be the presentation of the Grievance, in writing, by the employee or his or her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in STEP TWO.
37.6 STEP FOUR: If the Grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision.
24 MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 202y2
Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and AFSCME shall alternately strike names until one name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association.
To insure that the arbitration process is as brief and economical as possible, the following guide lines shall be adhered to:
An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration.
Both parties and the arbitrator may tape record the hearing 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.
The parties may agree to prepare a joint letter submitting 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 that 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.
The strict rules of evidence are not applicable and the hearing shall be informal.
The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation.
The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious.
Attendance at a hearing shall be limited 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 representative and the employer's representative.
a.
b,
c.
d.
e
f.
ob'
h.
25 MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 202y2
The arbitration hearing will be held on the employer's premises.
The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties.
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 shall contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract fiom, or modiff the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the 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. 37 .7 Failure by either party to meet any of the aforementioned time limits as set forth in Sections 35.3,35.4,35.5, or 35.6 shall result in forfeiture by the failing party.
Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances 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.
37.8 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3.
37.9 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XXXVII _ MUTUAL CONSENT CONTINGENCY
38.1 This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU.
ARTICLE XXXIX - NO STRIKES
39.I The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick-ins" or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU.
ARTICLE XL - PROBATIONARY PERIOD
40.1 All appointments to positions in the classified service shall be subject to a probationary period of twelve (12) continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his/her new duties, assignments and responsibilities in his/her new position and for rejecting any probationary 26 l.
J
MOU - CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
2021s - 20252
employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he/she has not satisfactorily completed probation.
40.2 During the probationary period, all new hires shall have the rights and privileges afforded to other employees, except:
Vacation Leave - See Article XX for vacation schedule.
The use of the Grievance Procedure to grieve termination.
The City and the employee may mutually agree to extend the probationary period in increments up to six (6) months. The total extended probationary period shall not exceed twelve (12) months. AFSCME must be notified of all extensions by Human Resources.
40.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position from which he/she was promoted. The seniority and status of a rejected candidate shall continue as before.
ARTICLE XLI _ PROMOTION
4l.l The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within consistent with the best interests of the City.
ARTICLE XLII . SENIORITY
42.1 Seniority is defined as the total length of continuous service with the City.
Continuity of service shall not be broken and seniority shall accrue when an employee is:
a. Inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights.
b. On duty with the National Guard.
c Is absent due to industrial disability
d. On leave of absence.
Absent due to layoff for a period of less than twelve (12) consecutive months.
ARTICLE XLIII - SHOP STEWARDS
43.1 AFSCME agrees to noti$ the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classihcations and shall not intemrpt the work of other employees. A steward 27 a.
b.
c.
MOU-CITY OF LODI AND AFSCME GENERAL SERVICES LINIT
20210 - 202t2
may, with reasonable notice and approval of his or her supervisor, leave the job during working hours for reasonable periods to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his presence is necessary in the judgment of his/her supervisor for the safe conduct and efficiency of the operations in which he/she is engaged.
ARTICLE XLIV - STATUS
44.1 Employees shall be designated as regular or probationary a. A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration, Article X (Probationary Period).
A probationary employee is defined as an employee hired for a fulI time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he/she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve (12) month of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee.
ARTICLE XLV - TERM
45.1 The terms and conditions of this MOU shall continue in effect until such time as thcy arc supcrscdcd by a signcd agrccmcnt/Mou bctwccn thc City of Lodi and AFSCME. The parties agree as follows:
TERM: Covering the period from January 1,2022M through December 31, ry5w2.
b
28 MOU _ CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
202J9 - 202s2
EXHIBIT A
Salary Schedule - General Services
Effective January 9, 2023
29 MOU-CITY OF LODI AND AFSCME GENERAL SERVICES UNIT
20239 - 20252
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31 MOU. CITY OF LODI AND AFSCME GENERAL SERVICES TINIT
A.F.S.C.M.E. COUNCIL 57
LOCAL I46-AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
Terri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
Thomas Gabriel, M&O Representative
Date:
Denick Spagnola, M&O Representative
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date:
20234 - 20252
CITY OF'LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Date:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney
Attest:
OliviaNashed, City Clerk
32 AGENDA ITEM H-03
COUNCIL COMMUNICATION
APPROVED: ____________________
____________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi and AFSCME – Maintenance & Operators for the Period January 1, 2023 through December 31, 2025
MEETIN
G DATE: December 7, 2022
PREPA
RED BY: Human Resources Manager
RECOMM
ENDED ACTION: Adopt Resolution approving the Memorandum of Understanding between the City of Lodi and A FSCME – Maintenance & Operators for the period January 1, 2023 through December 31, 2025.
BACKG
ROUND INFORMATION: Representatives from the City of Lodi and AFSCME Maintenance & Operators (M&O) have been bargaining over the terms of a successor MOU over the past four months.
Staf
f is requesting the following wage and benefit changes for the AFSCME M&O employees as follows:
• Fifteen
percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. • Increase the annual boot allowance from $250 to $350. • Additional classifications eligible for Bio Hazardous/Waste incentive. • Addition of one fixed holiday in observance of Juneteenth.
Staf
f recommends that the Council approve the revisions to compensation and other benefits for AFSCME M&O employees.
FISC
AL IMPACT: City wide, the total long-term annual cost of the proposed agreement is estimated to be $1,115,740. The total cost of the term of the agreement is $2,530,490.
CITY WIDE COST (ALL FUNDS)
Calendar Year 2023 $ 555,000
Calendar Year 2024 $ 859,750
Calendar Year 2025 $ 1,115,740
Total Cost (3 Year) $2,530,490
In the General Fund, total long -term annual cost of the proposed agreement is estimated to be $234,305. The total General Fund cost over the term of the agreement is $531,402.
GENERAL FUND COST
Calendar Year 2023 $ 116,550
Calendar Year 2024 $ 180,547
Calendar Year 2025 $ 234,305
Total Cost (3 Year) $ 531,402
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post
Human Resources Manager
_________________________________
Andrew Keys
Deputy City Manager/Internal Services Director
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F. 57
.AFL.CIO
MAINTENANCE & OPERA UNIT
January 1,2023M - December 31,2025?f42
MOU - CITY OF LODI AND AFSCME MATNTFNANCE AND OPERATORS UNIT 20229 -20252
TABLE OF CONTENTS
CHAPTER 1- SALARIES AND OTHER COMPENSATION Page #
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
CHAPTER 2 _ LEAVES
Article XVIII
Article XIX
Article XX
Article XXI
Article XXII
Article XXIII
Salary
Hours
Compensatory Time
Overtime
Meals
Temporary Upgrade
Shift Differential
Standby Pay - Call-Out Pay
Tools and Uniform Allowance
Safety/Safety Boot Provisions
Class A License
Education Incentives
Bio Hazardous/Waste Incentive
Bilingual Pay
Tuition Reimbursement
Court Appearances
Mileage Compensation
Catastrophic Leave
Bereavement Leave
Holidays
Leaves of Absence
Sick Leave
Vacation Leave
4 4
4 5
6 7
7 7
8 l0
11 1l
t2
t2
t2
t2
13 CHAPTER 3 - INSURANCE BENEF'ITS AND RETIREMENT
l3
13 t4
t4
15 15
l6
t6
t7
t7
l7
t7
t7
l8
18 18
20 Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVII I
Article XXIX
Article XXX
Article XXXI
Article XXXII
Article XXXII I
Article XXXN
Medical Insurance
Dental Insurance
Vision Insurance
Chiropractic Insurance
Life Insurance
Long Term Disability
Workers' Compensation
Flexible Spending Account
Deferred Compensation Plan
PERS
Sick Leave Conversion
2 MOIJ _ CITY OF I,ODI AND AFSCME MAINTFNANCF, A OPERATORS I]NIT 2022s -20252
CHAPTER 4 - UNION / CITY ISSUES
Article XXXV
Article XXXVI
Article XXXVII
Article XXXVilI
Article XXXX
Article XL
Article XLI
Article XLII
Article XLIII
Article XLIV
Article XLV
Article XLVI
Article XLVII
Article XLVIII
Union Leave
Demotion And Layoff
Changes in Memorandum
City Rights
Employee Representation
Grievance Procedure
Mutual Consent Contingency
No Strikes
Probationary Period
Promotion
Seniority
Shop Stewards
Status
Term
2t
2t
2l
22 22
24 27
27 27
28 28
28 28
29 Exhibit A - Salary Schedule effective February 10,2020 Exhibit B - Certification Requirements and Incentive Chart J
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20229 -20252
Chapter I - Salaries and Other CoMDensation
ARTICLE I - SALARY
1.1 Pffeedve feUruary +gr Z
Pffeetive witU tne grst
The Citv shall de wase increases
over the term of the contract as follows:
60/o effective January 9-2073;
50 Jznllafv 8 ).O),4: and
4% ve Januarv 6-2025.
1.2 For comparison purposes, the recognized survey cites are as follows:
Chico
Modesto
Vacaville
d.
Clovis
Redding
Visalia
Davis Fairfield Merced
Roseville Stockton Tracy
Woodland
Manteca
Turlock
ARTICLE II _ HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the supervisor.
Wastewater/Water Plant Operators shall work shifts on a jointly agreed to rotating schedule with varying days off. This schedule shall be posted two weeks before the change of shift.
Employees assigned to work "Relief Operator" duties shall receive compensation at a rale of l0o/o above their current base pay. The "Relief Operator" is one who works a normal day shift but is on call to assume a shift operators shift(s) for the duration ofa vacancy, then retum to regular hours.
Street Sweeper Operators shall work a schedule which begins at 4:00 a.m.
Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor.
a.
b.
c
2.2 Work schedules presently in effect shall remain in effect. Any proposed change in the work days or work hours shall be a meet and confer item.
ARTICLE III - CO TIME
4 3.1
3.2 J.J
20220 -202s2
Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate of overtime worked.
The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable.
No more than two hundred (200) hours of compensatory time may be carried on the books at any time. Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division.
Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance.
ARTICLE IV _ OVERTIME
4.1 Overtime work, paid at the time and one-half rate (l%), is work performed by an employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Sections 2.1 and2.2; and b. Time worked on a non-work day
Overtime work paid at the double time rate is work performed in excess of 12 hours between 12:00 a.m. and 12:00 a.m. on any given day, any work performed between the hours of 12:00 a.m. and 6:00 a.m., and any work performed on holidays.
Hours worked on a holiday, as part of any employee's regular work schedule, shall be compensated at the appropriate overtime rate as provided plus the employee shall receive his or her regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU
4.2 Employees who are required to report for prearranged work on their non-work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours.
4.3 If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours on a work day he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours.
3.4 5
MOT] - CITY OF LODI AND AFSCME MATNTENANCE AND OPERATORS TINIT 2022s - 20252
4.4 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime:
a. On work day outside of his or her regular work hours, he or she shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into or beyond his or her regular work hours, he or she shall be paid overtime compensation only for actual work time up to his or her regular work hours.
b. On non work days or on holidays, he or she shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of his or her preceding work period on a work day.
ARTICLE V. MEALS
5.1 The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V - Meals.
5.2 If the City requires an employee to perform work for one and one-half (l yr) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide meals at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them shall be at the City's expense.
5.3 When the City requires employees to work on non-work days, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at the four (4) hour intervals thereafter.
When an employee is required to perform preaffanged work on non-work days during regular work hours, he or she shall observe the lunch arrangement which prevails on his or her work days. If such work continues after regular work hours, the City shall provide the employee with a meal allowance in accordance with other provisions of this MOU.
5.4 5.5 If the City requires an employee to perform prealranged work starting two (2) hours or more before regular work hours on work days or non-work days, and such employee continues to work into regular hours, the employee shall provide for one meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meal allowances provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail. The usual times therefore shall be 7:00 a.m. - 12:00 p.m. and noon - 6:30 p.m.
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ARTICLE VI - TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a l0%o wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded.
ARTICLE VII _ SHIFT DIFFERENTIAL
7.1 An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators for all hours worked during swing shifts. Swing shifts are those daily work periods regularly scheduled to begin from 12:00 p.m. to 10:00 p.m. Shift assignments shall be made by the City at its sole disuetion consistent with this MOU.
ARTICLE VIII _ STAIIDBY PAY - CALL-OUT PAY
8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit shall be eligible for standby pay as noted below:
A. Standby Pay: All employees in the Maintenance and Operators Bargaining Unit, except Waste Water Plant Operators and Water Plant Operators, shall receive compensation at straight time pay when said employees are in standby status as shown below.
B Standby Pay: All Wastewater Plant Operators and Water Plant Operators shall receive compensation at straight time pay when said employees are in standby status, as shown below.
On work days
On non-work days
On observed holidays
On work days
On non-work days
On observed holidays
3 hours
4 hours
8 hours
3 hours
4 hours
8 hours
8.2 CALL-OUT: All employees in the Maintenance and Operators Bargaining Unit shall be paid call-out pay as follows:
A. In addition to the "Standby Duty Pay" (above) the employees on standby shall be paid at the rate of one and one half times the straight time rate of pay for time worked on emergency calls before 12:00 a.m. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time.
The first call-out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 8.2 (A) of this Agreement. Subsequent calls on B
7 8.3
2022e -20252
the same calendar day will be paid for actual time worked at the appropriate overtime rate as dehned in Article 8.2(A) of this Agreement.
C All subsequent hours worked on a call-out shall be paid at the appropriate overtime rate per Article 8.2(A) of this Agreement.
Compensation paid to employees called out in emergency situations outside their regular work hours shall be a minimum of three (3) hours pay at the overtime rate. Additional call outs during that day shall be compensated at the overtime rate for actual hours worked with a one (1) hour minimum. Only one call out between the hours of 12:00 a.m. and 12:00 a.m. shall be compensated at the minimum three (3) hour period. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require substantive work would receive the standard three (3) hour callback at the appropriate overtime rate.
ARTICLE IX - TOOLS IINIF'ORM AI,LOWANCE
9.1 Uniforms provided by the City shall include a jacket, pants and shirts. Jackets shall be replaced as needed. Uniform service, including rental and cleaning of one uniform (shirts & pants) per work day, will be provided to the following Maintenance and Operators classifications:
Environmental Compliance Insp.
Facilities Maintenance Worker
Facilities Supervisor
Fleet Services Supervisor
Heavy Equipment Mechanic
Maintenance Worker I & II
Park Maintenance Worker I /IilII
Park Supervisor
Chief Wastewater Plant Operator
Service Writer
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker IlIl[Jl
Street Supervisor
Sr. Facilities Maintenance Worker
Sr. Storekeeper
WWWMaintenanceWorker I/IVIII
W/WW Supervisor
W/WW Plant Operator I/IVIII
Water Plant Operator VII/III
Welder-Mechanic
Building Services Supervisor
9.2 Coveralls, but no more than 3, are provided per calendar year to the following Maintenance and Operators classifications:
Chief Wastewater Plant Operator Plant and Equipment Mechanic Wastewater Plant Operator I, II, ilI Environmental Compliance Inspector Sr. Plant and Equipment Mechanic Water Plant Operators I/II/[I Maintenance Workers I/II assigned to White Slough
I q.: Smocks, but no more than 3, are provided per ealendar year to Laboratory Technician I/II 8 classifications.
9.4 9.5
9.6 9.7
AFSCME OPERA
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The City agrees to provide prescription safety glasses up to a maximum cost of $500 per pair as required. A maximum of two pair of prescription safety glasses will be provided by the City during employment except as indicated in 9.6 and9.7 below.
The employee shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for the prescription safety frames and lenses to the City for reimbursement.
Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows:
If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City.
If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement.
If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary.
4 If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above.
I
)
J
The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employee's payroll check after a determination of cost has been made by the City.
2. 1 Where the city would be required to replace issued safety glasses due to abuse by the employee.
Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing.
J Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service.
9.8 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City.
Employees who are not required to wear a uniform, whose personal clothing is damaged in the line of duty, may request to have the item replaced or repaired at the City's expense. 9 9.9
MOTI - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20220 -20252
Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
The City shall have the sole discretion to approve or deny the request and its denial shall not be grievable.
Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employee's claim.
Items replaced shall be of similar, or the same quality as the item being replaced.
The City may require the employee to forfeit the damaged item for inspection. d.
e. All requests for reimbursement shall be accompanied by receipts
9.10 Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing the glasses.
Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
Glasses replaced shall be of an equal or similar quality to the glasses that were damaged.
Any insurance benefit paid to the employee or paid by the insurance provider toward the replacement/repair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider.
Example:
a.
b.
c
a.
b.
c
Cost of Eyewear/Repair
Insurance Pays
Reimbursed to employee
$ 1s0
$100
$50
ARTICLE X _ SAFETY TY ROOT PROVISIONS
10.1 The City retains the right to set and maintain safety standards in the work place. Failure to adhere to safe work practices will be grounds for the City to take appropriate steps to ensure compliance.
10.2 The City agrees to provide an annual boot allowance of $5q $25O, paid semi-annually as part of the last biweekly payroll in the months of April and October of each year, for all classifications in this unit.
10.3 Safety boots are defined as leather work boots with a minimum of 4" ankle support.
Employees have the option of purchasing these boots with or without steel toes. 10 OF
20229 - 202s2
10.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions.
10.5 Laboratory Technicians shall be eligible to receive the safety shoe/boot allowance to purchase water resistant shoes.
ARTICLE XI. CLASS A LICENSE
l1.l Those employees required to have a Class "A" commercial driver's license as part of their employment will be given $600 per year, to be paid in October of each year.
ARTICLE XII - EDUCATION INCENTIVES
l2.I The City shall make available incentive pay as shown in Exhibit C. A $40.00 per month incentive shall be paid for each grade at or above the minimum grades shown. An employee can earn education incentive pay to a combined maximum of $250 per month. (The certificate pays on Exhibit C chart are not included in this cap) I2.2 The City agrees to pay all fees charged in obtaining any license, mandatory or voluntary certification, or recertification required in the course of his or her employment upon successfully passing the test procedures.
12.3 The City agrees to pay $20 per month to two (2) Wastewater Plant Operators, two (2) Surface Water Plant Operators, and two (2) Plant and Equipment Mechanics for the possession of a Qualified Applicators Certificate. In the event of the separation of one of the two Wastewater or Surface Water Plant Operators or Plant and Equipment Mechanics, the remaining employee in each classification shall receive $40 per month.
12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in Exhibit C.
12.5 Equipment Mechanics are eligible to receive incentive pay of either $25 or $50 per month for possession of Automotive Service Excellence Technician Certificates on the following basis:
a. Only courses listed in Exhibit C will qualifu towards this incentive. b. Employees will not be paid for both certificates in cases where one is a prerequisite of the other. For example, ASE certifications A-6, A-8 and L-l are required by BAR in order to obtain a smog certificate. An employee having a BAR smog certificate will receive $50 for the smog certificate and the three ASE certificates will not be counted toward the ASE certification incentives.
Employees will receive a total of $25 per month for possession of a minimum of three (3) certificates.
d. Employees will receive a total of $50 per month for possession of a minimum of eight (8) certificates.
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11 MOU _ CITY OF LODI AND AFSCME
20229 - 20252
ARTICLE XIII _ BIO HAZARDOUS/WASTE INCENTIVE
13.1 Employees in the following classifications who are assigned to clean up bio hazardous materials will receive $100 per month, paid bi-weekly:
Building Services Supervisor
Facilities Maintenance Worker
Senior Facilities Maintenance Worker
Facilities Supervisor
Plant and Equipment Maintenanceeehanie Technich
Parks Maintenance Worker VIIAII
Parks Supervisor
Maintenance Worker II
Street Maintenance Worker lllJll[
Street Supervisor
Water/Wastewater Maintenance Worker Ililll[l
w astewater Suoervisor
w Plant C)nerator I/II/III
w Onerations Srrnervi sor
Technician I/II
Srrnervisor
Comnliance Insoector
13.2 All bargaining unit members who receive this incentive shall complete appropriate Bio Hazardtraining offered by the City.
ARTICLE XIV _ BILINGUAL PAY
l4.l Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly. The City Manager has the discretion in determining the languages that will be recognized.
ARTICLE XV _ REIMBI]RSEMENT
15.1 Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU.
ARTICLE XVI - COURT APPEARANCES
16.l Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave.
16.2 Ifjury duty attendance is less than one-half (ll2) of a normal working day, the employee is expected to return to work.
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MOI] - CITY LODI AND AFSCME MAINTENANCE AND TORS UNIT
20229 - 202s2
16.3 If an employee has had jury duty of six (6) hours or more during a 16-hour period immediately preceding the beginning of or following the end of his or her regular work hours on a work day, he/she shall be given a rest period of six (6) consecutive hours.
16.4 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half (1%) times his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employee, the Department Head must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified ofthe required court appearance.
ARTICLE XVII - MII, E COMPENSATON
17.l Employees using their personal automobile for City business, with their department head's approval, shall receive mileage compensation equal to that allowed by the Internal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies, except that employees whose regular work station is at the White Slough Water Pollution Control Facility shall receive mileage compensation, not to exceed 20 miles (each direction) if called back to the plant in an emergency situation.
Allowance changes shall be effective the first day of the month following the determination of a change by the IRS.
Chanter 2 - Leaves
ARTICI,E XVII - CAT C LEAVE
18.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability.
18.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability
ARTICI,E XIX _ LEAVE
l9.l Regular employees shall be granted 3 days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral.
The immediate family shall be limited to an employee's:
13 MOU _ CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS TINIT 2022A -20252
Spouse/domestic partner
Child/step-child
Grandparent-in-law
S ister/half- sister/step-si ster
ParenVstep-parent/fo ster parent
Son or Daughter-in-Law
B rotherlhalf-brother/step -brother
Parent-in-law
Grandparent
Grandchild
or a more distant relative who was a member of the employee's immediate household at the time of death.
19.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days.
ARTICLE XX - HOLIDAYS
20.1 Members of this Unit shall observe the following nationally observed holidays New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
January 1
3'd Monday in January
3'd Monday in February
Last Monday in May
June 19
July 4
l't Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Employees receive holiday pay if/when they work on the above City-recognized national holiday
In addition, each employee shall be granted thirty-six (36) hours of holiday leave to be taken off at a time mutually agreed upon between the employee and the department head.
Holiday leave cannot be carried over into the following calendar year.
Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day.
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2022e -20252
Employees in the Operator classifications listed below may elect to bank the fixed holidalrs that occur on their resularlv scheduled dav off in lieu of observins the holiday on the or the AS
parugraph. The banked hours must be used by the end of the calendar year and will not rollover info next calendar vear- with exception of the last four holidays of the calendar vear vins. the dav after Thankssivins- Eve (4 hours). and Christmas Dav ). these holidavs mav be over to no later than March 3 1't of the next the described
Operator Classifications subject to the immediatellz preceding paragraph:
Wafer Plant Ooerator I/II/III:
Wastewater Pl Operator I/IVIII: and
w Onerations sor (onlv when assisned to shift work)
I ZO.Z Holiday time qhallmay be taken in no less than quarter hour increments ARTICLE XXI _ I,N,AVES OF'ABSENCE
2l.l Leave of Absence will be provided as stated inthe City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU ARTICLE XXII _ SICK LEAVE
22.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period.
22.2 Sick leave may be accumulated up to an unlimited amount.
22.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010.
ARTICLE XXIII _ VACATION LEAVE
23.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hrs per pay period
6th year: 4.62hrs per pay period
l2thyear: 5.24hrs per pay period
l5th year: 6.16 hrs per pay period
21st year: 6.47 hrs per pay period
22ndyen: 6.78 hrs per pay period
23rdyear: 7.09 hrs per pay period
24thyear 7.40 hrs per pay period
25thyear & over: T.Tlhrsperpayperiod
23.2 If conflict arises in the scheduling of vacation of employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest City seniority. The senior employee shall receive first choice in any scheduling period. l5
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2022s -20252
23.3 The maximum amount of unused vacation hours that an employee may accrue, at arry 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.
23.4 For all persons hired after September 1,1995 the maximum vacation accrual rate will be
6.16 hours per pay period.
Chapter 3 - Insurance and Retirement
ARTICLE XXIV - MEDICAL INSURANCE
24.1 All employees are offered medical insurance for themselves and dependents through CaIPERS-Medical Plans. Effective January l, 20D+8, the City will contribute the following amounts toward the medical premium:
005.52 per month for family
$ffig 5I.542.71 per month for employee *1 dependent
month for employee only$690+0 351
The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected.
24.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu):
$692.81 per month for family
$532.92 per month for employee r I dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided to the City.
24.3 Effective January l, 20219 and through December 31, 202Y2, the maximum amount the City will pay towards medical premiums will be increased by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than$47,000.
16 - CITY
2022A -202s2
Percentage increases shall be based upon the amounts paid by City 771.35$698JF' for Employee only, $1.542.71$l*8e39 for Employee + I and glQQ!5294r7945t for Family).
23.4 Employees shall be eligible for medical insurance from the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi.
24.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benef,rts for the unmarried surviving spouse and any minor children of any members of this unit who is killed or dies during the performance of official duties.
This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available.
ARTICLE XXV - DENTAL INSURANCE
25.r the full cost
for dental ums for emnlovee and dependents.
25.2 The annual benefit is $1"250 for each familv ber enrolled in the dental plan per calendar )rear. There is a $25 deductible plus co-insurance features
25.3 Effective January 1.2023. the Citv shall provide ofthodontia benefits" un to a lifetime cap f covered under
ARTICLE XXVI _ USION INSURANCE
26.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a $25 deductible for the employee and dependents. The entire premium shall be paid by the City.
ARTICLE XXVII - CHIROPRACTIC INSURANCE
27.I The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXVIII _ LIF'E INSURANCE
28.1 The City agrees to provide a life insurance program providing $25,000 term life insurance which includes $25,000 of Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 2l years, unmarried student dependent children to 23'd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150life insurance.
28.2 The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the Maintenance & Operators Unit. t7
MOU _ CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20229 -20252
ARTICLE XXIX - LONG TERM DISABILITY
29.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-213% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences 60 days from the date of disability. Please refer to the City's Policy on Long Term Disability.
29.2 The maximum length of coverage is three years from date of disability.
ARTICLE XXX - WORKER'S COMPENSATION
30.1 The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Worker's Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee, upon receiving said benefits paid by Workers' Compensation shall also receive compensation from the City in such an amount that when added to the Workers' Compensation payment shall equal his or her regular salary. The amount paid by the City shall, after thc pcriod from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City.
ARTICLE XXXI _ FLEXIBLE SPENDING ACCOUNT
31.1 The City will maintain 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 unit members. Effective in plan year 202-118, the Medical Flexible Spending Account (FsA;-*;lpincludeg a carryover provision which allows an active participant to automatically carryover up to the IRS limit 550509 for plan year 2023) to the new plan year. Carryover allowance may increase year to year depending on IRS limit. However, amounts over $500 would be forfeited after the final filing date, if left unclaimed.
ARTICLE XXXII - DEFERRED COMPENSATION PLAN
32.1 The City and AFSCME agree to the implementation of the following program effective July l,1977.
32.2 The City shall match contributions by Maintenance and Operators employees to a deferred compensation program up to a maximum 3.0% of the employee's gross salary.
ARTICLE XXXII _ PERS
33.1 The City agrees to provide the following PERS retirement program and to pay the employers cost for employees deemed to be "classic" employees by PERS:
a. PERS *2Yo at 55" full formula retirement benefits plus the following additional options:
b. The increased ordinary disability benefits which provide under PERS a 30Yo benefit after five years of service increasing to a maximum 50% benefit (Section 21298) 18 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2022s -20252
c. Third level of 1959 Survivor Benef,rt which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and Section 21263.3)
e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). f. Military Service Credit as Public Service (Section 21024) g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement.
Employee shall pay employee share of retirement atTo/o effective December 31,2013
33.2 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 Pension Reform Act of 2013 (PEPRA):
a. PERS *2%o at 62" firll formula retirement benefits plus the following additional options:
b. The increased ordinary disability benefits which provide under PERS a 30Yo benefit after five years of service increasing to a maximum 50% benefit.
Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement.
d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement.
e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement.
f. Military Service Credit as Public Service.
g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement. c
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MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20220 -20252
i. Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation.
33.3 Effective May 20,2019, in accordance with California Government Code $20516 contract amendment process requirements, each employee in the unit shall pay three percent (3%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective July 13, 2020, each employee in this unit shall pay an additional one percent (l%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective January ll, 2021, each employee in this unit shall pay an additional one percent (l%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective January 10, 2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CaIPERS normal pension cost (cost-sharing).
ARTICLE XXKV - SICK LEAVE CONVERSION
34.I For all unused sick leave balance, a represented employee with ten years of employment with the City will receive medical coverage upon retirement (but not upon resignation or termination) using one of the following options:
Option #1 - CONVERSION
After ten years of employment with the City, 50%o of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten years, the employee shall be entitled to add 2 Yr% to the 50% before converting the unused sick leave to months of insurance.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 18OO HOURS OF UNUSED SICK LEAVE.
1800 + 8X75o/o + 12 14.06 YEARS OF COVERAGE
The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXIV. Any differences created by an increase in premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died.
Option #2 - BANK
50o/o of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years,2 y2yo will be added to the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 18OO HOURS OF UNUSED SrCK LEAVE (MULTTPLTCATTON FACTOR - $20.00).
20 MOT] _ CITY OF AND AFSCME MAINTENANCE A OPERATORS UNIT 20229 -202s2
1800 x 75%ox $20.00 : $27,000.00
This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance is gone.
In the event the retiree dies the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone.
Option #3 - PERS CREDIT
34.2 Per Califomia Govemment Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for pulposes of determining days creditable.
34.3 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums or cash as referenced in options I and 2. The only option available to these employees is Option #3, PERS credit.
34.5 Option #3 is available to all represented employees meeting PERS eligibility requirements.
34.6 If an employee opts to utilize the provisions of Option #1, or Option #2,the City will report to PERS they have zero hours of unused sick leave.
Chanter 4. Union lciltv Issues
ARTICLE XXXV - UNION LEAVE
35.1 Whenever any employee is absent from work as a result of a formal request by the AFSCME to send an employee to be involved in union business, the City shall pay for all regular time lost and shall be reimbursed therefore by the AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate.
35.2 The City agrees to provide storage space to AFSCME for union materials.
ARTICLE XXXVI _ AND LAYOF'F
36.I The classification of Maintenance Worker in the Parks, Recreation and Cultural Services or Public Works Department will be "Y" rated if an employee is involuntarily transferred or demoted between departments as a result of a reduction in workforce.
36.2 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager.
ARTICLE XXXVII - CHANGES IN MEMORANDUM
37.1 The parties agree to reopen this Memorandum and to renew meeting and conferring on the subjects set forth herein during the term of this Memorandum only in the event that any provision of this MOU is modified by statue, applicable regulation or by order of Court in 2T
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20220 -20252
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 and effect unless and until they are also modified by statue, applicable regulation, order of Court, or agrsement of the parties.
ARTICLE XXXVM _ CITY RIGHTS
38.1 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:
o Determine the mission of its constituent departments, commissions, and boards; to set standards of service.
o Determine the procedure and standards of selection for employment; to direct its employees.
o Maintain the efficiency of governmental operations.
o Determine the methods, means and personnel by which government operations are to be conducted.
o Take all necessary actions to carry out its mission in emergencies. o Exercise complete control and discretion in 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 take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment.
ARTICLE XXXIX _ EMPLOYEE REPRESENTATION
39.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (hereinafter referred to as "AFSCME"), for the Maintenance and Operators Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the results of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reach agreement are set forth in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment.
The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A.
22 20229 - 20252
39.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 20ll-51.
39.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
a. Union Membership - All employees covered by this Agreement shall have the opportunity to be a member of AFSCME. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting.
b. Membership status shall remain in effect per the terms set forth in the AFSCME Membership Application. Only AFSCME members are afforded exclusive UNION membership rights.
The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted.
c.
d. Dues Check Off - On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi- weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY.
e. Payroll deductions shall be limited to the following choices:
o Union Membership Dues
o AFSCME Voluntary Political Action Check Off (PEOPLE)
f. The Union will comply with its legal obligation regarding the administration of this section.
Hold Harmless - The TINION agrees to hold harmless and to indemnifu the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article.
39.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate department head managing the facility or designee and shall include the 23 MOI] _ CITY OF LODI AND AFSCME MATNTFNANCF, AND OPF,RATORS TJNIT 20229 -20252
date, location, time and general purpose of such meeting. The City may establish reasonable regulations goveming the use of such facilities.
39.5 No City employee or applicant for employment shall be discriminated against in any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability.
39.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy 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 any issue, the applicable document is controlling.
ARTICLE XL _ GRIEVANCE PROCEDIIRE,
40.1 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, formal interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarification executed by AFSCME and the City.
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.
A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application, or enforcement of the express terms of the MOU and other terms and conditions of employment and matters of discipline which includes demotion, suspension or discharge.
As used in this procedure, the term "party" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the grievance procedure.
40.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein:
a. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension or discipline (i.e.. pay reduction) of an individual employee. Fmpleye€s shatt h&ve
nepartment Direeter
gfier/anee;
c. Disputes as to whether a matter is proper subject for the Grievance Procedure. 24 LODI AND CE
2022s -20252
d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa.
*e.Emnlovees have the risht to srieve letters of reprimand throush the chain of to the or de
the Citv Manaser or desisnee is final and h s and not subiect to further grievance.
40.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the Grievance.
40.4 STEP TWO: If a grievance has not been resolved in initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head,who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days from the date of the answer in Step One.
40.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be the presentation of the Grievance, in writing, by the employee or his/her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in Step Two.
40.6 STEP FOUR: If a grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for the grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision.
Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five (5) arbitrators from which the City and AFSCME shall alternately strike names until one (1) name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five (5) arbitrators, the same request shall be made of the American Arbitration Association.
To ensure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to:
25 MOI] - CITY OF LODI AND AFSCME MATNTRNANCE AND OPERATORS UNIT 20229 -202s2
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. 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. The parties may agree to prepare a joint letter submitting 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 that 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 opening 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 limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifring and should be permitted to testifr only in the presence of the employee or hisftrer representative and the employer's representative. 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 responsibility of the party requesting such delay unless mutually agreed by the parties.
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 shall contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modiff the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under 26 2022s - 20252
the terms of the 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
40.7 Failure by either party to meet any of the aforementioned time limits as set forth in Section
36.3,36.4,36.5, or 36.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances 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.
40.8 Employees may have documents (other than performance reports) relating to absenteeism and disciplinary actions removed from their personnel files if the incident prompting the action took place twenty-four (24) months or more previous and no incident of a similar nature has occurred in the interim.
40.9 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3.
40.10 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XLI - MUTUAL CONSENT CONTINGENCY
4I.I This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU.
ARTICLE - NO STRIKES
42.1 The represented employees agree that they shall not strike, withhold services, engage inooslow downs" or'osick-ins", or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU.
ARTICI,E - PROBATION PERIOD
43.1 All appointments to positions in the classified service shall be subject to a probationary period of 12 continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his or her new duties, assignments and responsibilities in his or her new position and for rejectin g any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he or she has not satisfactorily completed probation.
43.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except:
a. Vacation Leave - See Article XXIII for vacation schedule. 27 MOU _ CITY OF LODT AND AFSCME MAINTENANCE AND OPERATORS UNIT 2022s - 20252
b. The use of the Grievance Procedure to grieve termination. c. The City and the employee may mutually agree to extend the probationary period in increments up to 6 months. The total extended probationary period shall not exceed twelve (12) months. AFSCME must be notified of all extensions by Human Resources.
43.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position which he or she was promoted. The seniority and status ofa rejected candidate shall continue as before.
ARTICLE XLIV - PROMOTION
44.1 The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within, consistent with the best interest of the City.
ARTICLE XLV _ SENIORITY
45.1 Seniority is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is:
inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights,
on duty with the National Guard,
is absent due to industrial injury,
on leave ofabsence, or
absent due to layoff for a period of less than twelve il2; "onrrrutive months
ARTICLE XLVI _ SHOP STEWARDS
46.1 The AFSCME agrees to notify the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classifications and shall not intemrpt the work of other employees. A steward may, with reasonable notice and the approval of his or her supervisor, leave the job during working hours for reasonable period to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his or her presence is necessary in the judgment of his or her supervisor for the safe conduct and efficiency of the operations in which he or she is engaged.
ARTICLE XLVI - STATUS
47.1 Employees shall be designated as regular or probationary.
A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration Article X (Probationary Period). a.
b.
c.
d.
a.
28 _ CITY
20220 -20252
A probationary employee is defined as an employee hired for a fulI time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he or she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve months of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee.
ARTICLE - TERM
48.1 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The term of this MOU shall cover the period from January I,2020 to December 31, 2022. b.
29 MOU _ CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2022s -202s2
CLASSIFICATION PLAN
Maintenance & Operators
Effective January 9,2023
EXHIBIT A
30 MOI] _ CITY OF I AND AFSCME MAINTENANCE A OPERATORS UNIT j 2022e -202s2
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31 I AND AFSCME
20224 -20252
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32 A.F.S.C.M.E. COUNCTL 57
LOCAL 146-AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
Terri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
Thomas Gabriel, M&O Representative
Date:
Derrick Spagnola, M&O Representative
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date:
CITY OF LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Date:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney
Attest:
OliviaNashed, City Clerk
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE
MEMORANDUM OF UNDERSTANDING WITH THE AFSCME –
MAINTENANCE AND OPERATORS UNIT FOR THE PERIOD
JANUARY 1, 2023 THROUGH DECEMBER 31, 2025
========================================================================
WHEREAS, representatives from the City and the AFSCME – Maintenance and Operators Unit have bargained in good faith and reached a tentative agreement on a successor MOU; and
WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with AFSCME – Maintenance and Operators Unit to include the following:
• Term: January 1, 2023 to December 31, 2025;
• Fifteen percent (15%) wage adjustment over the term of the contract as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Increase in annual boot allowance from $250 to $350.
• Additional positions eligible for Bio Hazardous/Waste Incentive. • Addition of one fixed holiday in observance of Juneteenth.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and AFSCME – Maintenance and Operators, effective January 1, 2023 through December 31, 2025.
Date: December 7, 2022
======================================================================== I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
A.F. 57
.AFL.CIO
MAINTENANCE & OPERA UNIT
January 1,2023M - December 31,2025?f42
Exhibit A
MOU - CITY OF LODI AND AFSCME MATNTFNANCE AND OPERATORS UNIT 20229 -20252
TABLE OF CONTENTS
CHAPTER 1- SALARIES AND OTHER COMPENSATION Page #
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
CHAPTER 2 _ LEAVES
Article XVIII
Article XIX
Article XX
Article XXI
Article XXII
Article XXIII
Salary
Hours
Compensatory Time
Overtime
Meals
Temporary Upgrade
Shift Differential
Standby Pay - Call-Out Pay
Tools and Uniform Allowance
Safety/Safety Boot Provisions
Class A License
Education Incentives
Bio Hazardous/Waste Incentive
Bilingual Pay
Tuition Reimbursement
Court Appearances
Mileage Compensation
Catastrophic Leave
Bereavement Leave
Holidays
Leaves of Absence
Sick Leave
Vacation Leave
4 4
4 5
6 7
7 7
8 l0
11 1l
t2
t2
t2
t2
13 CHAPTER 3 - INSURANCE BENEF'ITS AND RETIREMENT
l3
13 t4
t4
15 15
l6
t6
t7
t7
l7
t7
t7
l8
18 18
20 Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVII I
Article XXIX
Article XXX
Article XXXI
Article XXXII
Article XXXII I
Article XXXN
Medical Insurance
Dental Insurance
Vision Insurance
Chiropractic Insurance
Life Insurance
Long Term Disability
Workers' Compensation
Flexible Spending Account
Deferred Compensation Plan
PERS
Sick Leave Conversion
2 MOIJ _ CITY OF I,ODI AND AFSCME MAINTFNANCF, A OPERATORS I]NIT 2022s -20252
CHAPTER 4 - UNION / CITY ISSUES
Article XXXV
Article XXXVI
Article XXXVII
Article XXXVilI
Article XXXX
Article XL
Article XLI
Article XLII
Article XLIII
Article XLIV
Article XLV
Article XLVI
Article XLVII
Article XLVIII
Union Leave
Demotion And Layoff
Changes in Memorandum
City Rights
Employee Representation
Grievance Procedure
Mutual Consent Contingency
No Strikes
Probationary Period
Promotion
Seniority
Shop Stewards
Status
Term
2t
2t
2l
22 22
24 27
27 27
28 28
28 28
29 Exhibit A - Salary Schedule effective February 10,2020 Exhibit B - Certification Requirements and Incentive Chart J
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20229 -20252
Chapter I - Salaries and Other CoMDensation
ARTICLE I - SALARY
1.1 Pffeedve feUruary +gr Z
Pffeetive witU tne grst
The Citv shall de wase increases
over the term of the contract as follows:
60/o effective January 9-2073;
50 Jznllafv 8 ).O),4: and
4% ve Januarv 6-2025.
1.2 For comparison purposes, the recognized survey cites are as follows:
Chico
Modesto
Vacaville
d.
Clovis
Redding
Visalia
Davis Fairfield Merced
Roseville Stockton Tracy
Woodland
Manteca
Turlock
ARTICLE II _ HOURS
2.1 Except as provided in subsequent sections, the normal hours of work for all represented personnel shall be eight (8) hours per day and forty (40) hours per week. Alternate work hours may be nine (9) hours a day in the 9/80 schedule for eighty (80) hours in a two week period, or ten (10) hours per day in the 4/10 schedule. The lunch period shall normally commence between the third and fifth work hour at the discretion of the supervisor.
Wastewater/Water Plant Operators shall work shifts on a jointly agreed to rotating schedule with varying days off. This schedule shall be posted two weeks before the change of shift.
Employees assigned to work "Relief Operator" duties shall receive compensation at a rale of l0o/o above their current base pay. The "Relief Operator" is one who works a normal day shift but is on call to assume a shift operators shift(s) for the duration ofa vacancy, then retum to regular hours.
Street Sweeper Operators shall work a schedule which begins at 4:00 a.m.
Alternate work schedules may be developed by mutual agreement between the employee and the appropriate supervisor.
a.
b.
c
2.2 Work schedules presently in effect shall remain in effect. Any proposed change in the work days or work hours shall be a meet and confer item.
ARTICLE III - CO TIME
4 3.1
3.2 J.J
20220 -202s2
Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be at the appropriate rate of overtime worked.
The decision to elect compensatory time or overtime pay may be made each time overtime is worked. An employee's decision to elect compensatory time instead of overtime pay is irrevocable.
No more than two hundred (200) hours of compensatory time may be carried on the books at any time. Employee's may cash out any amount of the compensatory time at the employee's straight time hourly rate of pay each April, June, and October. A request to cash out leave must be in writing and submitted to the Finance Division.
Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining compensatory balance.
ARTICLE IV _ OVERTIME
4.1 Overtime work, paid at the time and one-half rate (l%), is work performed by an employee outside his or her regular work hours, and includes:
a. Time worked outside of regular hours of work on a work day unless notification has been made in accordance with Sections 2.1 and2.2; and b. Time worked on a non-work day
Overtime work paid at the double time rate is work performed in excess of 12 hours between 12:00 a.m. and 12:00 a.m. on any given day, any work performed between the hours of 12:00 a.m. and 6:00 a.m., and any work performed on holidays.
Hours worked on a holiday, as part of any employee's regular work schedule, shall be compensated at the appropriate overtime rate as provided plus the employee shall receive his or her regular straight time pay. Holiday, for overtime purposes, is defined within the Holiday section of this MOU
4.2 Employees who are required to report for prearranged work on their non-work days or holidays shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours.
4.3 If an employee has worked for six (6) hours or more at the overtime rate during the sixteen (16) hour period immediately preceding the beginning of his or her regular work hours on a work day he or she shall be given a rest period of six (6) consecutive hours at the completion of the overtime work. Compensation for the six (6) hour rest period shall be allowed at the straight time rate for those hours within the rest period which overlap the normal working hours.
3.4 5
MOT] - CITY OF LODI AND AFSCME MATNTENANCE AND OPERATORS TINIT 2022s - 20252
4.4 When, at the request of the Supervisor in charge, an employee reports for prearranged overtime:
a. On work day outside of his or her regular work hours, he or she shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into or beyond his or her regular work hours, he or she shall be paid overtime compensation only for actual work time up to his or her regular work hours.
b. On non work days or on holidays, he or she shall be paid overtime compensation for actual work time in connection therewith. For the purpose of this Section, prearranged overtime work is deemed to be work for which advance notice has been given by the end of his or her preceding work period on a work day.
ARTICLE V. MEALS
5.1 The City and AFSCME mutually agree to engage in further discussion to incorporate clarifying language for Article V - Meals.
5.2 If the City requires an employee to perform work for one and one-half (l yr) hours immediately following quitting time, or if any employee is called in more than two (2) hours immediately before regular starting time, the City shall provide such employee with a $25 meal allowance, payable through payroll. If an employee works beyond the regular quitting time, the City shall continue to provide meals at four (4) hour intervals until the employee is dismissed from work. The cost of such meals and the time taken to consume them shall be at the City's expense.
5.3 When the City requires employees to work on non-work days, the City shall provide a meal allowance at intervals of four (4) hours. The first meal shall be four (4) hours after employees report to work, providing time is allowed for an employee to eat before reporting. If such time is not allowed, the first meal break shall be two (2) hours after reporting for work and at the four (4) hour intervals thereafter.
When an employee is required to perform preaffanged work on non-work days during regular work hours, he or she shall observe the lunch arrangement which prevails on his or her work days. If such work continues after regular work hours, the City shall provide the employee with a meal allowance in accordance with other provisions of this MOU.
5.4 5.5 If the City requires an employee to perform prealranged work starting two (2) hours or more before regular work hours on work days or non-work days, and such employee continues to work into regular hours, the employee shall provide for one meal allowance on the job and the City shall provide other meal allowances as required by the duration of the work period. The meal allowances provided for in this Section shall be eaten at approximately the usual times and the usual practice relating to lunch periods on work days shall prevail. The usual times therefore shall be 7:00 a.m. - 12:00 p.m. and noon - 6:30 p.m.
6 20220 -202s2
ARTICLE VI - TEMPORARY UPGRADE
6.1 Any employee who is assigned by the Department Head or designee to a higher classification in the absence of the incumbent, for four (4) hours, shall receive a l0%o wage increase while in this status. However, in no event shall the upgrade pay per hour exceed the top step of the classification to which the employee is temporarily upgraded.
ARTICLE VII _ SHIFT DIFFERENTIAL
7.1 An Operations Premium of 3% will be applied to Wastewater Treatment Plant Operators for all hours worked during swing shifts. Swing shifts are those daily work periods regularly scheduled to begin from 12:00 p.m. to 10:00 p.m. Shift assignments shall be made by the City at its sole disuetion consistent with this MOU.
ARTICLE VIII _ STAIIDBY PAY - CALL-OUT PAY
8.1 STANDBY: All employees in the Maintenance and Operators Bargaining Unit shall be eligible for standby pay as noted below:
A. Standby Pay: All employees in the Maintenance and Operators Bargaining Unit, except Waste Water Plant Operators and Water Plant Operators, shall receive compensation at straight time pay when said employees are in standby status as shown below.
B Standby Pay: All Wastewater Plant Operators and Water Plant Operators shall receive compensation at straight time pay when said employees are in standby status, as shown below.
On work days
On non-work days
On observed holidays
On work days
On non-work days
On observed holidays
3 hours
4 hours
8 hours
3 hours
4 hours
8 hours
8.2 CALL-OUT: All employees in the Maintenance and Operators Bargaining Unit shall be paid call-out pay as follows:
A. In addition to the "Standby Duty Pay" (above) the employees on standby shall be paid at the rate of one and one half times the straight time rate of pay for time worked on emergency calls before 12:00 a.m. Time worked between 12:00 a.m. and 6:00 a.m., or in excess of twelve (12) consecutive hours between 12:00 a.m. and 12:00 a.m. on any given day, shall be paid at double time.
The first call-out will be paid at three (3) hours minimum at the appropriate overtime rate as defined in Article 8.2 (A) of this Agreement. Subsequent calls on B
7 8.3
2022e -20252
the same calendar day will be paid for actual time worked at the appropriate overtime rate as dehned in Article 8.2(A) of this Agreement.
C All subsequent hours worked on a call-out shall be paid at the appropriate overtime rate per Article 8.2(A) of this Agreement.
Compensation paid to employees called out in emergency situations outside their regular work hours shall be a minimum of three (3) hours pay at the overtime rate. Additional call outs during that day shall be compensated at the overtime rate for actual hours worked with a one (1) hour minimum. Only one call out between the hours of 12:00 a.m. and 12:00 a.m. shall be compensated at the minimum three (3) hour period. Phone calls lasting less than ten (10) minutes, text messages and/or emails that do not require substantive work would be paid one (1) hour at the appropriate overtime rate. Calls more than ten (10) minutes, text messages and/or emails that require substantive work would receive the standard three (3) hour callback at the appropriate overtime rate.
ARTICLE IX - TOOLS IINIF'ORM AI,LOWANCE
9.1 Uniforms provided by the City shall include a jacket, pants and shirts. Jackets shall be replaced as needed. Uniform service, including rental and cleaning of one uniform (shirts & pants) per work day, will be provided to the following Maintenance and Operators classifications:
Environmental Compliance Insp.
Facilities Maintenance Worker
Facilities Supervisor
Fleet Services Supervisor
Heavy Equipment Mechanic
Maintenance Worker I & II
Park Maintenance Worker I /IilII
Park Supervisor
Chief Wastewater Plant Operator
Service Writer
Parts Clerk
Plant & Equipment Mechanic
Street Maintenance Worker IlIl[Jl
Street Supervisor
Sr. Facilities Maintenance Worker
Sr. Storekeeper
WWWMaintenanceWorker I/IVIII
W/WW Supervisor
W/WW Plant Operator I/IVIII
Water Plant Operator VII/III
Welder-Mechanic
Building Services Supervisor
9.2 Coveralls, but no more than 3, are provided per calendar year to the following Maintenance and Operators classifications:
Chief Wastewater Plant Operator Plant and Equipment Mechanic Wastewater Plant Operator I, II, ilI Environmental Compliance Inspector Sr. Plant and Equipment Mechanic Water Plant Operators I/II/[I Maintenance Workers I/II assigned to White Slough
I q.: Smocks, but no more than 3, are provided per ealendar year to Laboratory Technician I/II 8 classifications.
9.4 9.5
9.6 9.7
AFSCME OPERA
2022s - 20252
The City agrees to provide prescription safety glasses up to a maximum cost of $500 per pair as required. A maximum of two pair of prescription safety glasses will be provided by the City during employment except as indicated in 9.6 and9.7 below.
The employee shall pay directly to the optometrist any fees for prescription examination or related charges if needed. The employee shall submit receipts for the prescription safety frames and lenses to the City for reimbursement.
Prior to issuance of a replacement pair of prescription safety glasses for payment by the City, the employee shall discuss with and receive approval from the immediate supervisor and department head. The criteria for issuance of a replacement pair of safety glasses are as follows:
If safety glasses are damaged due to an accident on the job, the safety glasses will be replaced and paid for by the City.
If safety glasses are lost or damaged off the job, the employee will pay the total amount for replacement.
If an employee requires a change of prescription for safety glasses, the employee must submit a written statement from the eye doctor stating that the prescription change is necessary.
4 If safety glasses are unsafe due to normal wear and tear, the City shall approve a replacement pair as specified above.
I
)
J
The following conditions on the part of any applicable employee shall be grounds for the cost of the employee's issued safety glasses to be deducted from the employee's payroll check after a determination of cost has been made by the City.
2. 1 Where the city would be required to replace issued safety glasses due to abuse by the employee.
Failure on the part of an applicable employee to wear or utilize safety glasses unless agreed to in writing.
J Failure on the part of an applicable employee to return issued safety glasses, regardless of condition, upon separation from City service.
9.8 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City.
Employees who are not required to wear a uniform, whose personal clothing is damaged in the line of duty, may request to have the item replaced or repaired at the City's expense. 9 9.9
MOTI - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20220 -20252
Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
The City shall have the sole discretion to approve or deny the request and its denial shall not be grievable.
Repair costs shall not exceed ordinary costs and shall be limited to the repair identified in the employee's claim.
Items replaced shall be of similar, or the same quality as the item being replaced.
The City may require the employee to forfeit the damaged item for inspection. d.
e. All requests for reimbursement shall be accompanied by receipts
9.10 Employees whose prescription glasses are damaged in the line of duty shall be entitled to reimbursement for the cost of replacing or repairing the glasses.
Requests shall be submitted to the Department Director and shall be accompanied by an explanation of the event(s) that led to the damage.
Glasses replaced shall be of an equal or similar quality to the glasses that were damaged.
Any insurance benefit paid to the employee or paid by the insurance provider toward the replacement/repair costs shall result in a reduction to the amount reimbursed to the employee by the amount paid by the insurance provider.
Example:
a.
b.
c
a.
b.
c
Cost of Eyewear/Repair
Insurance Pays
Reimbursed to employee
$ 1s0
$100
$50
ARTICLE X _ SAFETY TY ROOT PROVISIONS
10.1 The City retains the right to set and maintain safety standards in the work place. Failure to adhere to safe work practices will be grounds for the City to take appropriate steps to ensure compliance.
10.2 The City agrees to provide an annual boot allowance of $5q $25O, paid semi-annually as part of the last biweekly payroll in the months of April and October of each year, for all classifications in this unit.
10.3 Safety boots are defined as leather work boots with a minimum of 4" ankle support.
Employees have the option of purchasing these boots with or without steel toes. 10 OF
20229 - 202s2
10.4 The City reserves the right to determine if a boot is appropriate to the job class, work hazards, and work conditions.
10.5 Laboratory Technicians shall be eligible to receive the safety shoe/boot allowance to purchase water resistant shoes.
ARTICLE XI. CLASS A LICENSE
l1.l Those employees required to have a Class "A" commercial driver's license as part of their employment will be given $600 per year, to be paid in October of each year.
ARTICLE XII - EDUCATION INCENTIVES
l2.I The City shall make available incentive pay as shown in Exhibit C. A $40.00 per month incentive shall be paid for each grade at or above the minimum grades shown. An employee can earn education incentive pay to a combined maximum of $250 per month. (The certificate pays on Exhibit C chart are not included in this cap) I2.2 The City agrees to pay all fees charged in obtaining any license, mandatory or voluntary certification, or recertification required in the course of his or her employment upon successfully passing the test procedures.
12.3 The City agrees to pay $20 per month to two (2) Wastewater Plant Operators, two (2) Surface Water Plant Operators, and two (2) Plant and Equipment Mechanics for the possession of a Qualified Applicators Certificate. In the event of the separation of one of the two Wastewater or Surface Water Plant Operators or Plant and Equipment Mechanics, the remaining employee in each classification shall receive $40 per month.
12.4 Equipment Maintenance personnel shall be eligible for an incentive pay plan as outlined in Exhibit C.
12.5 Equipment Mechanics are eligible to receive incentive pay of either $25 or $50 per month for possession of Automotive Service Excellence Technician Certificates on the following basis:
a. Only courses listed in Exhibit C will qualifu towards this incentive. b. Employees will not be paid for both certificates in cases where one is a prerequisite of the other. For example, ASE certifications A-6, A-8 and L-l are required by BAR in order to obtain a smog certificate. An employee having a BAR smog certificate will receive $50 for the smog certificate and the three ASE certificates will not be counted toward the ASE certification incentives.
Employees will receive a total of $25 per month for possession of a minimum of three (3) certificates.
d. Employees will receive a total of $50 per month for possession of a minimum of eight (8) certificates.
c
11 MOU _ CITY OF LODI AND AFSCME
20229 - 20252
ARTICLE XIII _ BIO HAZARDOUS/WASTE INCENTIVE
13.1 Employees in the following classifications who are assigned to clean up bio hazardous materials will receive $100 per month, paid bi-weekly:
Building Services Supervisor
Facilities Maintenance Worker
Senior Facilities Maintenance Worker
Facilities Supervisor
Plant and Equipment Maintenanceeehanie Technich
Parks Maintenance Worker VIIAII
Parks Supervisor
Maintenance Worker II
Street Maintenance Worker lllJll[
Street Supervisor
Water/Wastewater Maintenance Worker Ililll[l
w astewater Suoervisor
w Plant C)nerator I/II/III
w Onerations Srrnervi sor
Technician I/II
Srrnervisor
Comnliance Insoector
13.2 All bargaining unit members who receive this incentive shall complete appropriate Bio Hazardtraining offered by the City.
ARTICLE XIV _ BILINGUAL PAY
l4.l Employees designated by the Department Head and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual supplement of $150, paid bi-weekly. The City Manager has the discretion in determining the languages that will be recognized.
ARTICLE XV _ REIMBI]RSEMENT
15.1 Tuition Reimbursement will be provided as stated in the City's current Tuition Reimbursement Policy. The City will not reduce the maximum reimbursement amount of $3,000 or eliminate this policy during the term of this MOU.
ARTICLE XVI - COURT APPEARANCES
16.l Employees summoned by a court for jury duty shall be granted jury duty leave with pay and may keep any jury duty compensation received. Voluntary grand jury service such as that service in San Joaquin County is not covered by jury duty leave.
16.2 Ifjury duty attendance is less than one-half (ll2) of a normal working day, the employee is expected to return to work.
T2
MOI] - CITY LODI AND AFSCME MAINTENANCE AND TORS UNIT
20229 - 202s2
16.3 If an employee has had jury duty of six (6) hours or more during a 16-hour period immediately preceding the beginning of or following the end of his or her regular work hours on a work day, he/she shall be given a rest period of six (6) consecutive hours.
16.4 If an employee covered by this agreement is required by subpoena issued by an authority granted subpoena powers, to appear before it or to give a deposition as a result of an action taken within the scope of employment with the City that employee will receive his full pay while so doing with no loss of time if he/she is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half (1%) times his regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employee, the Department Head must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified ofthe required court appearance.
ARTICLE XVII - MII, E COMPENSATON
17.l Employees using their personal automobile for City business, with their department head's approval, shall receive mileage compensation equal to that allowed by the Internal Revenue Service. City business does not include transportation to and from work or call backs due to emergencies, except that employees whose regular work station is at the White Slough Water Pollution Control Facility shall receive mileage compensation, not to exceed 20 miles (each direction) if called back to the plant in an emergency situation.
Allowance changes shall be effective the first day of the month following the determination of a change by the IRS.
Chanter 2 - Leaves
ARTICI,E XVII - CAT C LEAVE
18.1 Catastrophic Leave will be provided as stated in the City's current Policy. The City will not eliminate this policy during the term of this MOU. Catastrophic Leave may be utilized for care of an employee's qualified family members (as identified in the City's Catastrophic Leave Policy) even if the employee participates in Short Term Disability.
18.2 Catastrophic Leave may be utilized (according to Policy) upon expiration of any use of Short Term Disability
ARTICI,E XIX _ LEAVE
l9.l Regular employees shall be granted 3 days of bereavement leave per incident to attend the funeral of a member of their immediate family, including the time the deceased may lie in state, the day of the funeral, and the time necessary to travel to and from the location of the funeral.
The immediate family shall be limited to an employee's:
13 MOU _ CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS TINIT 2022A -20252
Spouse/domestic partner
Child/step-child
Grandparent-in-law
S ister/half- sister/step-si ster
ParenVstep-parent/fo ster parent
Son or Daughter-in-Law
B rotherlhalf-brother/step -brother
Parent-in-law
Grandparent
Grandchild
or a more distant relative who was a member of the employee's immediate household at the time of death.
19.2 A regular employee may use sick leave, vacation leave, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect. Use of sick leave may not exceed three (3) days.
ARTICLE XX - HOLIDAYS
20.1 Members of this Unit shall observe the following nationally observed holidays New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve (4 hours)
Christmas Day
January 1
3'd Monday in January
3'd Monday in February
Last Monday in May
June 19
July 4
l't Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
Employees receive holiday pay if/when they work on the above City-recognized national holiday
In addition, each employee shall be granted thirty-six (36) hours of holiday leave to be taken off at a time mutually agreed upon between the employee and the department head.
Holiday leave cannot be carried over into the following calendar year.
Employees hired after the first pay period of the year are credited with fixed holidays plus a prorated share of floating holidays for the remainder of the calendar year. Employees separating from employment shall be debited the fixed holidays and the prorated share of floating holidays for the remainder of the calendar year Holidays which fall on the first regularly scheduled day off shall be observed on the preceding work day. Holidays which fall on any other regularly scheduled day off shall be observed on the next regularly scheduled work day, with the exception that if the next regularly scheduled work day is also a holiday, the first holiday shall be observed on the preceding work day.
t4
2022e -20252
Employees in the Operator classifications listed below may elect to bank the fixed holidalrs that occur on their resularlv scheduled dav off in lieu of observins the holiday on the or the AS
parugraph. The banked hours must be used by the end of the calendar year and will not rollover info next calendar vear- with exception of the last four holidays of the calendar vear vins. the dav after Thankssivins- Eve (4 hours). and Christmas Dav ). these holidavs mav be over to no later than March 3 1't of the next the described
Operator Classifications subject to the immediatellz preceding paragraph:
Wafer Plant Ooerator I/II/III:
Wastewater Pl Operator I/IVIII: and
w Onerations sor (onlv when assisned to shift work)
I ZO.Z Holiday time qhallmay be taken in no less than quarter hour increments ARTICLE XXI _ I,N,AVES OF'ABSENCE
2l.l Leave of Absence will be provided as stated inthe City's Leave of Absence Policy. The City will not eliminate this policy during the term of this MOU ARTICLE XXII _ SICK LEAVE
22.1 Effective July 19, 2004, full time employees shall accumulate sick leave at the rate of 3.70 hours per pay period.
22.2 Sick leave may be accumulated up to an unlimited amount.
22.3 Family Sick Leave will be provided in accordance with the City's current Sick Leave Policy as revised in September 2010.
ARTICLE XXIII _ VACATION LEAVE
23.1 Employees shall receive the following vacation benefits:
Beginning with:
Date of Hire: 3.08 hrs per pay period
6th year: 4.62hrs per pay period
l2thyear: 5.24hrs per pay period
l5th year: 6.16 hrs per pay period
21st year: 6.47 hrs per pay period
22ndyen: 6.78 hrs per pay period
23rdyear: 7.09 hrs per pay period
24thyear 7.40 hrs per pay period
25thyear & over: T.Tlhrsperpayperiod
23.2 If conflict arises in the scheduling of vacation of employees in the same classification, the conflict shall be resolved in favor of the employee with the greatest City seniority. The senior employee shall receive first choice in any scheduling period. l5
AND
2022s -20252
23.3 The maximum amount of unused vacation hours that an employee may accrue, at arry 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.
23.4 For all persons hired after September 1,1995 the maximum vacation accrual rate will be
6.16 hours per pay period.
Chapter 3 - Insurance and Retirement
ARTICLE XXIV - MEDICAL INSURANCE
24.1 All employees are offered medical insurance for themselves and dependents through CaIPERS-Medical Plans. Effective January l, 20D+8, the City will contribute the following amounts toward the medical premium:
005.52 per month for family
$ffig 5I.542.71 per month for employee *1 dependent
month for employee only$690+0 351
The employee will pay one hundred percent (100%) of the difference between the City's contribution and the monthly premium for the plan elected.
24.2 If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account (Cash in lieu):
$692.81 per month for family
$532.92 per month for employee r I dependent
$305.22 per month for employee only
In order to qualify for this provision, proof of group insurance must be provided to the City.
24.3 Effective January l, 20219 and through December 31, 202Y2, the maximum amount the City will pay towards medical premiums will be increased by the lower of three percent (3%) or the actual cost increase (for the employee's applicable cap) for employees whose annual base salary is less than$47,000.
16 - CITY
2022A -202s2
Percentage increases shall be based upon the amounts paid by City 771.35$698JF' for Employee only, $1.542.71$l*8e39 for Employee + I and glQQ!5294r7945t for Family).
23.4 Employees shall be eligible for medical insurance from the first day of the month following the date the employee becomes a full-time regular employee of the City of Lodi.
24.5 The City shall pay 100% of the premiums or up to the maximum City payment noted above for health and dental benef,rts for the unmarried surviving spouse and any minor children of any members of this unit who is killed or dies during the performance of official duties.
This benefit terminates if the surviving spouse remarries, the children reach the age of 26, or other medical insurance becomes available.
ARTICLE XXV - DENTAL INSURANCE
25.r the full cost
for dental ums for emnlovee and dependents.
25.2 The annual benefit is $1"250 for each familv ber enrolled in the dental plan per calendar )rear. There is a $25 deductible plus co-insurance features
25.3 Effective January 1.2023. the Citv shall provide ofthodontia benefits" un to a lifetime cap f covered under
ARTICLE XXVI _ USION INSURANCE
26.1 The City agrees to provide a vision care plan equivalent to the VSP Signature Plan with a $25 deductible for the employee and dependents. The entire premium shall be paid by the City.
ARTICLE XXVII - CHIROPRACTIC INSURANCE
27.I The City agrees to pay all costs of premiums for employees and dependents for a chiropractic plan equivalent to the Landmark chiropractic plan.
ARTICLE XXVIII _ LIF'E INSURANCE
28.1 The City agrees to provide a life insurance program providing $25,000 term life insurance which includes $25,000 of Accidental Death and Dismemberment coverage for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse, unmarried dependent children between the ages of 6 months and 2l years, unmarried student dependent children to 23'd birthday, and dependent handicapped children shall be covered for $1,500 insurance. Children under 6 months shall be provided with $150life insurance.
28.2 The City will provide an additional $10,000 of Accidental Death and Dismemberment insurance for each member in the Maintenance & Operators Unit. t7
MOU _ CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20229 -20252
ARTICLE XXIX - LONG TERM DISABILITY
29.1 A long term disability program which, coordinated with other disability benefits, shall provide a benefit of 66-213% to a maximum of $10,000 per month of the employee's basic monthly earnings in the event of disability. This program commences 60 days from the date of disability. Please refer to the City's Policy on Long Term Disability.
29.2 The maximum length of coverage is three years from date of disability.
ARTICLE XXX - WORKER'S COMPENSATION
30.1 The City and AFSCME mutually agree that when an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of his or her employment, the City shall pay full compensation to any represented employee who becomes eligible for benefits under Worker's Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee, upon receiving said benefits paid by Workers' Compensation shall also receive compensation from the City in such an amount that when added to the Workers' Compensation payment shall equal his or her regular salary. The amount paid by the City shall, after thc pcriod from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City.
ARTICLE XXXI _ FLEXIBLE SPENDING ACCOUNT
31.1 The City will maintain 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 unit members. Effective in plan year 202-118, the Medical Flexible Spending Account (FsA;-*;lpincludeg a carryover provision which allows an active participant to automatically carryover up to the IRS limit 550509 for plan year 2023) to the new plan year. Carryover allowance may increase year to year depending on IRS limit. However, amounts over $500 would be forfeited after the final filing date, if left unclaimed.
ARTICLE XXXII - DEFERRED COMPENSATION PLAN
32.1 The City and AFSCME agree to the implementation of the following program effective July l,1977.
32.2 The City shall match contributions by Maintenance and Operators employees to a deferred compensation program up to a maximum 3.0% of the employee's gross salary.
ARTICLE XXXII _ PERS
33.1 The City agrees to provide the following PERS retirement program and to pay the employers cost for employees deemed to be "classic" employees by PERS:
a. PERS *2Yo at 55" full formula retirement benefits plus the following additional options:
b. The increased ordinary disability benefits which provide under PERS a 30Yo benefit after five years of service increasing to a maximum 50% benefit (Section 21298) 18 MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2022s -20252
c. Third level of 1959 Survivor Benef,rt which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement. (Section 21382.4).
d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement. (Section 21263 and Section 21263.1 and Section 21263.3)
e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement. (Section 20862.8). f. Military Service Credit as Public Service (Section 21024) g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement.
Employee shall pay employee share of retirement atTo/o effective December 31,2013
33.2 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 Pension Reform Act of 2013 (PEPRA):
a. PERS *2%o at 62" firll formula retirement benefits plus the following additional options:
b. The increased ordinary disability benefits which provide under PERS a 30Yo benefit after five years of service increasing to a maximum 50% benefit.
Third level of 1959 Survivor Benefit which provides for survivors of a member who dies prior to retirement. This benefit is in addition to the Basic Death Benefit before retirement.
d. Post-retirement Survivor Allowance which provides a surviving spouse with an allowance upon the event of death after retirement.
e. Credit for unused sick leave which provides additional service credit for unused accumulated sick leave at time of retirement.
f. Military Service Credit as Public Service.
g. Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service.
h. 50% survivor continuation in the event of death after retirement. c
t9
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20220 -20252
i. Employee shall pay employee share of retirement as calculated by PERS in its annual actuarial valuation.
33.3 Effective May 20,2019, in accordance with California Government Code $20516 contract amendment process requirements, each employee in the unit shall pay three percent (3%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective July 13, 2020, each employee in this unit shall pay an additional one percent (l%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective January ll, 2021, each employee in this unit shall pay an additional one percent (l%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). Effective January 10, 2022, each employee in this unit shall pay an additional one percent (1%) towards the employer's share of CaIPERS normal pension cost (cost-sharing).
ARTICLE XXKV - SICK LEAVE CONVERSION
34.I For all unused sick leave balance, a represented employee with ten years of employment with the City will receive medical coverage upon retirement (but not upon resignation or termination) using one of the following options:
Option #1 - CONVERSION
After ten years of employment with the City, 50%o of the represented employee's unused sick leave shall be converted to months of medical insurance as adjusted herein. For each year that an employee has been employed by the City in excess of ten years, the employee shall be entitled to add 2 Yr% to the 50% before converting the unused sick leave to months of insurance.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 18OO HOURS OF UNUSED SICK LEAVE.
1800 + 8X75o/o + 12 14.06 YEARS OF COVERAGE
The amount of the premium paid shall be the same as the premium paid by the City at the time of retirement subject to the cap shown in Article XXIV. Any differences created by an increase in premiums must be paid for by the employee.
In the event the retiree dies the surviving dependent(s) may purchase medical insurance for the same period as if the employee had not died.
Option #2 - BANK
50o/o of the dollar value of sick leave will be placed into a bank to be used for medical insurance premiums for the employee and dependent(s). For each year that an employee has been employed in excess of 10 years,2 y2yo will be added to the 50% before valuing the size of the bank. Each hour of sick leave is valued at $20.00.
EXAMPLE:
ROBERT SMITH RETIRES WITH 20 YEARS OF SERVICE AND 18OO HOURS OF UNUSED SrCK LEAVE (MULTTPLTCATTON FACTOR - $20.00).
20 MOT] _ CITY OF AND AFSCME MAINTENANCE A OPERATORS UNIT 20229 -202s2
1800 x 75%ox $20.00 : $27,000.00
This amount will be reduced each month by the current premium for the employee and dependent(s) until the balance is gone.
In the event the retiree dies the remaining bank will be reduced by 50% and the surviving dependent(s) may use the bank until the balance is gone.
Option #3 - PERS CREDIT
34.2 Per Califomia Govemment Code, employees may receive credit for unused sick leave. It is agreed that eight (8) hours equals one (1) day for pulposes of determining days creditable.
34.3 Employees hired after July 1, 1995 will not have the option of converting sick leave time into medical insurance premiums or cash as referenced in options I and 2. The only option available to these employees is Option #3, PERS credit.
34.5 Option #3 is available to all represented employees meeting PERS eligibility requirements.
34.6 If an employee opts to utilize the provisions of Option #1, or Option #2,the City will report to PERS they have zero hours of unused sick leave.
Chanter 4. Union lciltv Issues
ARTICLE XXXV - UNION LEAVE
35.1 Whenever any employee is absent from work as a result of a formal request by the AFSCME to send an employee to be involved in union business, the City shall pay for all regular time lost and shall be reimbursed therefore by the AFSCME at the rate of one hundred and fifty percent (150%) of the employee's regular wage rate.
35.2 The City agrees to provide storage space to AFSCME for union materials.
ARTICLE XXXVI _ AND LAYOF'F
36.I The classification of Maintenance Worker in the Parks, Recreation and Cultural Services or Public Works Department will be "Y" rated if an employee is involuntarily transferred or demoted between departments as a result of a reduction in workforce.
36.2 Bargaining unit has the ability to appeal a layoff decision made by Human Resources to the City Manager.
ARTICLE XXXVII - CHANGES IN MEMORANDUM
37.1 The parties agree to reopen this Memorandum and to renew meeting and conferring on the subjects set forth herein during the term of this Memorandum only in the event that any provision of this MOU is modified by statue, applicable regulation or by order of Court in 2T
MOU - CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 20220 -20252
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 and effect unless and until they are also modified by statue, applicable regulation, order of Court, or agrsement of the parties.
ARTICLE XXXVM _ CITY RIGHTS
38.1 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:
o Determine the mission of its constituent departments, commissions, and boards; to set standards of service.
o Determine the procedure and standards of selection for employment; to direct its employees.
o Maintain the efficiency of governmental operations.
o Determine the methods, means and personnel by which government operations are to be conducted.
o Take all necessary actions to carry out its mission in emergencies. o Exercise complete control and discretion in 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 take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this section does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment.
ARTICLE XXXIX _ EMPLOYEE REPRESENTATION
39.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Chapter of the American Federation of State, County and Municipal Employees (hereinafter referred to as "AFSCME"), for the Maintenance and Operators Unit.
The parties to this MOU acknowledge and agree that this MOU constitutes the results of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reach agreement are set forth in this MOU. Except as specifically modified by this MOU, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment.
The terms and conditions of this MOU are applicable to all regular and probationary employees represented by AFSCME in Exhibit A.
22 20229 - 20252
39.2 The City shall grant dues deduction to City employees who are members of AFSCME in accordance with the terms and conditions set forth in City of Lodi Resolution 20ll-51.
39.3 UNION SECURITY, MEMBERSHIP AND DUES CHECK OFF
a. Union Membership - All employees covered by this Agreement shall have the opportunity to be a member of AFSCME. The CITY will inform all new hires and employees promoting into the bargaining unit of the existence of this Collective Bargaining Agreement. A UNION Officer, or designee, will be notified within 10 business days and afforded time to meet with any employee entering the bargaining unit in order to conduct a UNION Orientation Meeting.
b. Membership status shall remain in effect per the terms set forth in the AFSCME Membership Application. Only AFSCME members are afforded exclusive UNION membership rights.
The CITY shall provide the UNION, on a monthly basis, the name, home address and department, division or work unit of employees entering or leaving a job classification covered by this Agreement. Employees leaving or reentering employment from Military Leave will be noted.
c.
d. Dues Check Off - On a bi-weekly basis the CITY agrees to deduct from the pay of each member of the UNION covered by this Agreement, who authorized such deductions in writing, all dues or fees levied by the UNION. The CITY shall provide the UNION 5 business days prior to the end of the pay period an alphabetical list of employees belonging to the UNION. The list shall contain the amount of payroll deduction for each employee listed. The CITY agrees to remit to the UNION on a bi- weekly basis the aggregate amount of deductions shown on the list furnished by the UNION. A copy of the Check Off Authorization Form signed by each employee shall be submitted by the UNION to the CITY.
e. Payroll deductions shall be limited to the following choices:
o Union Membership Dues
o AFSCME Voluntary Political Action Check Off (PEOPLE)
f. The Union will comply with its legal obligation regarding the administration of this section.
Hold Harmless - The TINION agrees to hold harmless and to indemnifu the CITY for any and all costs or legal action, which may be caused, or result from the CITY'S compliance with this Article.
39.4 The City shall allow AFSCME access to city meeting facilities at no cost to AFSCME subject to the operating needs of the City. Requests for such use shall be made in advance to the appropriate department head managing the facility or designee and shall include the 23 MOI] _ CITY OF LODI AND AFSCME MATNTFNANCF, AND OPF,RATORS TJNIT 20229 -20252
date, location, time and general purpose of such meeting. The City may establish reasonable regulations goveming the use of such facilities.
39.5 No City employee or applicant for employment shall be discriminated against in any aspect of employment because of race, national origin, ancestry, color, religious or political opinions or affiliations, union affiliation, age, sex or disability.
39.6 The City and AFSCME agree and understand that if any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy 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 any issue, the applicable document is controlling.
ARTICLE XL _ GRIEVANCE PROCEDIIRE,
40.1 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, formal interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarification executed by AFSCME and the City.
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.
A grievance is a good faith complaint of one or a group of employees or a dispute between the City and AFSCME involving the interpretation, application, or enforcement of the express terms of the MOU and other terms and conditions of employment and matters of discipline which includes demotion, suspension or discharge.
As used in this procedure, the term "party" means an employee, AFSCME, the City or the authorized representative of any party. The employee is entitled to representation through all steps in the grievance procedure.
40.2 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein:
a. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letters of Agreement, and/or formal interpretations and clarifications executed by AFSCME and the City.
b. Discharge, demotion, suspension or discipline (i.e.. pay reduction) of an individual employee. Fmpleye€s shatt h&ve
nepartment Direeter
gfier/anee;
c. Disputes as to whether a matter is proper subject for the Grievance Procedure. 24 LODI AND CE
2022s -20252
d. Disputes which may be of a "class action" nature filed on behalf of AFSCME or the City. Class action grievances shall be in writing from AFSCME to the City Manager or vice versa.
*e.Emnlovees have the risht to srieve letters of reprimand throush the chain of to the or de
the Citv Manaser or desisnee is final and h s and not subiect to further grievance.
40.3 STEP ONE: Discussion between the employee and/or the employee's representative, and the division head or designated supervisor directly involved, who shall answer within fifteen (15) work days. This step shall be taken within thirty (30) work days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the Grievance.
40.4 STEP TWO: If a grievance has not been resolved in initial step, a written statement signed by the Grievant shall be presented to the department head which shall include the action being grieved and the desired remedy. A discussion shall then take place between the employee, his or her representative, and the department head,who shall answer in writing within fifteen (15) work days. This Step shall be taken within fifteen (15) work days from the date of the answer in Step One.
40.5 STEP THREE: If a grievance is not resolved in Step Two, Step Three shall be the presentation of the Grievance, in writing, by the employee or his/her representative to the City Manager, who shall answer in writing within fifteen (15) work days of receipt of the Grievance. This Step shall be initiated within fifteen (15) work days of the date of the answer in Step Two.
40.6 STEP FOUR: If a grievance is not resolved by the City Manager, arbitration shall be the final level of appeal for the grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified within fifteen (15) work days of the City Manager's decision.
Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five (5) arbitrators from which the City and AFSCME shall alternately strike names until one (1) name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five (5) arbitrators, the same request shall be made of the American Arbitration Association.
To ensure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to:
25 MOI] - CITY OF LODI AND AFSCME MATNTRNANCE AND OPERATORS UNIT 20229 -202s2
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. 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. The parties may agree to prepare a joint letter submitting 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 that 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 opening 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 limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifring and should be permitted to testifr only in the presence of the employee or hisftrer representative and the employer's representative. 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 responsibility of the party requesting such delay unless mutually agreed by the parties.
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 shall contain the crucial reasons supporting the decision and award.
The arbitrator has no power to add to, subtract from, or modiff the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under 26 2022s - 20252
the terms of the 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
40.7 Failure by either party to meet any of the aforementioned time limits as set forth in Section
36.3,36.4,36.5, or 36.6 shall result in forfeiture by the failing party. Except, however, that the aforementioned time limits may be extended by mutual agreement. Grievances 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.
40.8 Employees may have documents (other than performance reports) relating to absenteeism and disciplinary actions removed from their personnel files if the incident prompting the action took place twenty-four (24) months or more previous and no incident of a similar nature has occurred in the interim.
40.9 An employee may represent himself/herself at any step of the Grievance Procedure up to Step 3.
40.10 Only AFSCME may appeal a grievance to arbitration.
ARTICLE XLI - MUTUAL CONSENT CONTINGENCY
4I.I This MOU may be amended any time during its life upon the mutual consent of the City and AFSCME. Such amendment must be in writing and attached to all executed copies of this MOU.
ARTICLE - NO STRIKES
42.1 The represented employees agree that they shall not strike, withhold services, engage inooslow downs" or'osick-ins", or participate in any other concerted activity which adversely affects job performance or City services during the term of this MOU.
ARTICI,E - PROBATION PERIOD
43.1 All appointments to positions in the classified service shall be subject to a probationary period of 12 continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to his or her new duties, assignments and responsibilities in his or her new position and for rejectin g any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that he or she has not satisfactorily completed probation.
43.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except:
a. Vacation Leave - See Article XXIII for vacation schedule. 27 MOU _ CITY OF LODT AND AFSCME MAINTENANCE AND OPERATORS UNIT 2022s - 20252
b. The use of the Grievance Procedure to grieve termination. c. The City and the employee may mutually agree to extend the probationary period in increments up to 6 months. The total extended probationary period shall not exceed twelve (12) months. AFSCME must be notified of all extensions by Human Resources.
43.3 In the event an employee is promoted and is rejected by the appropriate department head, he or she shall be reinstated to the position which he or she was promoted. The seniority and status ofa rejected candidate shall continue as before.
ARTICLE XLIV - PROMOTION
44.1 The City and AFSCME mutually agree it is good personnel practice to make every effort to promote from within, consistent with the best interest of the City.
ARTICLE XLV _ SENIORITY
45.1 Seniority is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is:
inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights,
on duty with the National Guard,
is absent due to industrial injury,
on leave ofabsence, or
absent due to layoff for a period of less than twelve il2; "onrrrutive months
ARTICLE XLVI _ SHOP STEWARDS
46.1 The AFSCME agrees to notify the City in writing as to the appointment of all shop stewards. Shop stewards shall be required to work full time in their respective classifications and shall not intemrpt the work of other employees. A steward may, with reasonable notice and the approval of his or her supervisor, leave the job during working hours for reasonable period to investigate pending grievances and to take part in the Grievance Procedure. However, no steward shall leave the job while his or her presence is necessary in the judgment of his or her supervisor for the safe conduct and efficiency of the operations in which he or she is engaged.
ARTICLE XLVI - STATUS
47.1 Employees shall be designated as regular or probationary.
A regular employee is defined as an employee who has twelve (12) months or more service with the City in full time employment, except as provided for in the Rules for Personnel Administration Article X (Probationary Period). a.
b.
c.
d.
a.
28 _ CITY
20220 -20252
A probationary employee is defined as an employee hired for a fulI time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage and items of a similar nature, as he or she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve months of continuous full time service with the City, and satisfactory performance, a probationary employee shall be given the status of a regular employee.
ARTICLE - TERM
48.1 The terms and conditions of this MOU shall continue in effect until such time as they are superseded by a signed agreement/MOU between the City of Lodi and AFSCME. The term of this MOU shall cover the period from January I,2020 to December 31, 2022. b.
29 MOU _ CITY OF LODI AND AFSCME MAINTENANCE AND OPERATORS UNIT 2022s -202s2
CLASSIFICATION PLAN
Maintenance & Operators
Effective January 9,2023
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32 A.F.S.C.M.E. COUNCTL 57
LOCAL 146-AFL-CIO
Jeremiah Miller, Chief Negotiator
Date:
Shawn Tallerico, Chapter President
Date:
Terri Lovell, Executive Vice President
Date:
Rodney Plamondon, Vice President
Date:
James Agnew, Treasurer
Date:
Thomas Gabriel, M&O Representative
Date:
Derrick Spagnola, M&O Representative
Date:
Kevin Kriser, GS Representative
Date:
Lance Earl, GS Representative
Date:
Denise Wiman, GS Representative
Date:
CITY OF LODI
A MUNICIPAL CORPORATION
Stephen Schwabauer, City Manager
Date:
Andrew Keys, Deputy City Manager
Date:
Adele Post, HR Manager
Date:
Approved As To Form:
Janice D. Magdich, City Attorney
Attest:
OliviaNashed, City Clerk
AGENDA ITEM H-04
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Side Letter Agreement between the City and the Lodi Professional Fire Fighters to Provide Paramedic Incentives MEETI
NG DATE: December 7, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt resolution approving side letter agreement between the City and the Lodi Professional Fire Fighters to provide paramedic incentives.
BAC
KGROUND INFORMATION: The City of Lodi Fire Department provides medical services under the authority of the San Joaquin County Emergency Medical Services Agency (SJCEMSA), pursuant to Welfare & Institutions Code 17000, Health & Safety Code Section 1797 et seq., and California Code of Regulations, Title 22, Division 9.
The Lodi
Fire Department is authorized by SJCEMSA to provide Basic Life Support (BLS) to the citizens of Lodi.
In order to provide BLS services, Fire department sworn personnel must be certified as Emergenc y Medical Technicians (EMT’s).
At its
Shirt Sleeve meeting on October 5, 2021 , Council received information from Fire Chief Ken Johnson, regarding the implementation of an Advanced Life Support (ALS) program within the Lodi Fire Department. An ALS program will provide a higher degree of medical life saving measures including urgent treatment to cardiac emergencies such as cardiac arrest, stroke, myocardial infarction, and other serious conditions, than is currently allowable under the Fire Department’s BLS program.
In or
der for SJCEMSA to authorize the Lodi Fire Department to be an ALS provider, the Fire Department must have a sufficient number of licensed and accredited Paramedics to provide ALS services. The Fire Department currently has four (4) state licensed Paramedics; however, these employees are not accredited paramedics by SJCEMSA. These employees will need to go through an accreditation process overseen by a Paramedic Accreditation Officer, authorized by SJCEMSA. Additionally, it is recommended that the Fire Department have members of the Fire Department who are Paramedic Accreditation Officers on staff who can oversee the accreditation process for Lodi Paramedics.
The Fir
e Department recently applied for and received the 2021 FEMA Assistance to Firefighter (AFG) Grant in the amount of $930,928. The AFG grant will provide funding to send nine Fire Fighters to paramedic school and pay for overtime to backfill the positions. Pursuant to the September 21, 2022 Council Communication from Fire Chief Ken Johnson, the goal is to have 15 Firefighters and one Battalion Chief certified as Paramedics by the
end of fiscal year 2024 or the beginning of fiscal year 2025. This would allow all four engine companies to be staffed with a paramedic. The long-term goal is to have 30 paramedics, providing two on each engine company.
The additional training, responsibilities, and duties required of licensed Paramedics is significant. The City desires to compensate employees for these additional duties and responsibilities by adding paramedic incentive pay. Staff conducted a study on additional compensation provided for Paramedic incentive pay with our comparative agencies. The proposed incentive will provide compensation to our staff to retain them and to improve our recruitment of new staff. City staff have bargained with the LPF and have tentatively agreed upon the following incentives:
• Effective January 9, 2023, $50 per month stipend for the Paramedic Accreditation Officer (maximum 6 Accreditation Officers);
• Effective January 9, 2023, $250 per month stipend for Fire Department personnel who are licensed Paramedics while they are seeking accreditation by SJCEMSA; • Effective January 9, 2023, $250 per month stipend for Fire Department personnel who are accredited by SJCEMSA until the City has been approved by SJCEMSA to implement ALS; and • Upon approval by SJCEMSA to implement an ALS program, an Eleven percent (11%) incentive shall be paid to Fire Department personnel who are accredited by SJCEMSA as Paramedics.
Staff recommends that the Council approve t he amendment to the LPF MOU by approving the attached side- letter agreement to provide paramedic incentives.
FISCAL IMPACT: The total long term annual cost if staffed with 15 Paramedics would be approximately $200,000 at current salaries assuming a mix of Captain, Engineer and Firefighter. The estimated annual cost if all 15 Paramedics were at the Captain rank would be $240,000. There are currently three Paramedics who would qualify for the $250/month stipend until such time as the City is approved by SJCEMSA to implement the ALS program. The Fire Department does not expect to fill all 15 Paramedic positions until Fiscal Year 2023/24 at the earliest.
FUNDING AVAILABLE: Budget adjustments for
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND
THE LODI PROFESSIONAL FIREFIGHTERS THROUGH A SIDE-LETTER
AGREEMENT ADDING PARAMEDIC INCENTIVE PAY
========================================================================
WHEREAS, the Lodi City Council approved a successor Memorandum of Understanding (MOU) with the Lodi Professional Firefighters (LPF) on September 21, 2022 that has a term of January 1, 2023 through December 31, 2025; and
WHEREAS, LPF members are Emergency Medical Technicians (EMT) providing Basic Life Support (BLS) services within the City of Lodi; and
WHEREAS, the Lodi Fire Department would like to enter into an agreement with San Joaquin County Emergency Medical Services Agency (SJCEMSA) to provide Advanced Life Support (ALS) services to the City of Lodi citizens; and
WHEREAS, Lodi Fire Department personnel must be accredited and licensed Paramedics through the State of California and SJCEMSA in order to provide ALS services; and
WHEREAS, the City wishes to enter into a side- letter agreement amending the LPF MOU to provide incentive pay for employees who are accredited by SJCEMSA as Licensed Paramedics; and
WHEREAS, it is recommend that Council appr ove the revisions to the MOU with LPF through a Side-Letter Agreement to provide Paramedic Incentive pay.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council that it does hereby approve the attached Side-Letter Agreement (Exhibit A) between the City of Lodi and LPF.
Date: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
Exhibit A
AGENDA ITEM H-05
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving a Side-Letter Agreement with Lodi Police Dispatchers Association to Provide a Training Incentive of Five Percent for Dispatchers/Jailers Who Provide Training to Newly Hired Dispatcher/Jailers
MEETING DATE: November 2, 2022
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt resolution approving a side- letter agreement with Lodi Police Dispatchers Association to provide a training incentive of five percent for Dispatchers/Jailers who provide training to newly hired Dispatcher/Jailers.
BACKGROUND INFORMATION: T he Lodi Police Department has a need for certified Communication Training Officers to provide training to newly hired Dispatcher/Jailers. It is critical to the safety of Officers and other staff that the probationary Dispatchers are trained by POST certified trainers.
New hire training has historically been provided by Lead Dispatchers as a part of their job duties. The Lead Dispatchers are paid a higher salary than the Dispatcher/Jailers which includes compensation for the training function. Due to staffing shortages within the Lead Dispatcher position, the Department would like to provide an incentive to certified Communication Training Officers that are in the Dispatcher/Jailer classification.
Staff propose a five percent training incentive for Dispatcher/Jailers that have attended POST training and who are certified Communication Training Officers. Dispatcher/Jailer’s who are certified will receive a five percent training incentive when assigned as a trainer. The incentive will be paid for the duration of the training period.
Staff recommends that the Council approve the attached resolution to provide a training inc entive for qualified Dispatcher/Jailers to train new hires.
FISCAL IMPACT: There is no budget impact to this proposal. Savings from currently vacant budgeted positions are sufficient to pay these bonuses. Filled positions increase service levels to those expected within the budget and decrease unexpected savings at the end of a fiscal year.
FUNDING AVAILABLE: Costs will be funded with salary savings for vacant positions. _________________________________
Adele Post, Human Resources Manager
_________________________________
Andr
ew Keys, Deputy City Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND
THE LODI POLICE DISPATCHER ASSOCIATION THROUGH A
SIDE-LETTER AGREEMENT ADDING TRAINING INCENTIVE PAY
========================================================================
WHEREAS, newly-hired Dispatcher/Jailers within the Lodi Police Department participate in a sixteen-week on-the-job training before working solo; and
WHEREAS, staff that provide the on- the-job training are required to be certified as Communication Training Officers through POST; and
WHEREAS, the training function has historically been provided by a Lead Dispatcher/Jailer and the salary includes compensation for training duties; and
WHEREAS, the Pol ice Department is experiencing a vacancy in the Lead Dispatcher position and would like to provide compensation for certified Dispatcher/Jailers when assigned to perform the training function; and
WHEREAS, representatives from the City and the Lodi Dispatcher’s Association have agreed upon a training incentive of five percent (5%) for certified Dispatcher/Jailers when assigned to perform the training function.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Side-Letter agreement (Exhibit A) between the City of Lodi and the Lodi Police Dispatchers Association to provide a five percent (5%) training incentive to Dispatcher/Jailers that are assigned to be trainers.
Date: December 7 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
Exhibit A
AGENDA ITEM H-06
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Addendum to the Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the Period July 1, 2022 through June 30, 2025, Providing an Additional One Percent Wage Increase MEETI
NG DATE: July 20, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt resolution approving Addendum to the Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the period July 1, 2022 through June 30, 2025, providing an additional one percent wage increase.
BAC
KGROUND INFORMATION: In July, Council approved a successor Memorandum of Understanding (MOU) with the Lodi Police Dispatchers Association (LPDA). The MOU provided for general wage increases of fourteen percent (14%) over the three year term of the contract.
The
City has completed negotiations with all of the bargaining units across the City and wish to provide the same wage increase to the LPDA that was provided to the other bargaining units. The City proposes to provide a five percent (5%) wage increase effective July 10, 2023, instead of a four percent (4%) wage increase.
Sta
ff recommends that the Council approve t he amendment of the LPDA MOU to provide an additional one percent wage increase effective July 10, 2023.
FIS
CAL IMPACT: The cost for the additional 1% is $13,000 in FY 2023/24 and $13,130 in FY 2024/25.
FUNDING AVAILABLE: Vacancy savings are the first source for funding the increases for this contract change in the coming Fiscal Year.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andr
ew Keys, Deputy City Manager
Attachment
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND
THE LODI POLICE DISPATCHER ASSOCIATION TO PROVIDE AN
ADDITIONAL ONE PERCENT WAGE INCREASE EFFECTIVE JULY 2023 ========================================================================
WHEREAS, the Memorandum of Understanding between Lodi Police Dispatcher Association (LPDA) and the City has a term of July 1, 2022 through June 30, 2025 (MOU); and
WHEREAS, the MOU provides for fourteen percent (14%) wage increases over the term of the contract of six percent (6%) effective July 11, 2022, and four percent (4%), in the first full pay periods of July 2023 and July 2024; and
WHEREAS, the City has completed the bargaining sessions with all other represented groups and have extended wage increases of 15% to all miscellaneous units except for LPDA ; and
WHEREAS, the City would like to extend the same wage increase in the second year of the LPDA contract as other miscellaneous employees received; and
WHEREAS, the wage increases over the term of the contract shall be six percent (6%) effective July 11, 2022; five percent (5%) effective the first full pay period in July 2023; and four percent (4%) effective the first full pay period in July 2024.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve an amendment to the LPDA MOU to provide an additional one percent (1%) wage increase, for a total of five percent (5%) effective the first full pay period in July 2023.
Date: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM H-07
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Revisions to Contracts for Lodi Executive Management Employees (Excluding Council Appointees) for the Period January 1, 2023 through December 31, 2025
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt resolution approving revisions to contracts for Lodi Executive Management employees (excluding Council Appointees) for the period January 1, 2023 through December 31, 2025.
BAC
KGROUND INFORMATION: Representatives from the City of Lodi have been negotiating with the various bargaining units over the past twelve months and have successor agreements in place. Staff is requesting that the Executive Management employees be extended similar benefits and compensation as extended to all groups.
Sta
ff is requesting the following wage and benefit changes for all Executive Managers:
• Fift
een percent (15%) wage adjustments as follows:
o Six percent (6%) effective January 9, 2023;
o Five percent (5%) effective January 8, 2024; and
o Four percent (4%) effective January 6, 2025.
• Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. • Addition of one fixed holiday in observance of Juneteenth.
Additi
onally, staff is recommending t he following equity adjustments for positions that are more significantly under market median. These equity adjustments are necessary in order to retain the executive leadership talent within the City. Even with these increases, the wages remain below median of our comparative agencies. • Addit
ional one percent (1%) effective January 9, 2023 for the Police Chief; • Additional one point six two percent (1.62%) effective January 9, 2023 for the Electric Utility Director;
• Additional three point two four percent (3.24%) effective January 9, 2023 for the Fire Chief; • Additional three point six two percent (3.62%) effective January 9, 2023 for the Parks, Recreational and Cultural Services Director;
• Additional five point eight one percent (5.81%) effective January 9, 2023 for the Library Services Director; and
• Additional seven point one eight percent (7.18%) effective January 9, 2023 for the Community Development Director.
Staff recommends that the Council approve the revisions to compensation and other benefits for the Executive Management employees.
FISCAL IMPACT: The total long term annual cost of the proposed agreement is $320,000. The total cost of the term of the agreement is $718,000 as shown below.
Calendar Year 2023 $ 153,000
Calendar Year 2024 $ 245,000
Calendar Year 2025 $ 320,000
Total Cost (3 years) $ 718,000
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
COMPENSATION AND BENEFIT MODIFICATIONS FOR EXECUTIVE
MANAGEMENT EMPLOYEES FOR THE PERIOD JANUARY 1, 2023
THROUGH DECEMBER 31, 2025
========================================================================
WHEREAS, the City has completed negotiations with all bargaining units; and
WHEREAS, it is recommended that Council prov ide the same salary and benefit modifications to the Executive Management Employee contracts:
• Six percent (6%) increase to base salary effective January 9, 2023; Five percent (5%) increase to base salary, effective January, 8, 2024; and Four percent (4%) increase to base salary, effective January 6, 2025;
• Additional wage increase of one percent (1%) effective January 9, 2023 for the Police Chief; • Additional wage increase of one point six two percent (1.62%) effective January 9, 2023 for the Electric Utility Director;
• Additional wage increase of three point six two percent (3.62%) effective January 9, 2023 for the Parks, Recreation and Cultural Services Director; • Additional wage increase of five point one eight percent (5.81%) effective January 9, 2023 for the Library Services Director;
• Additional wage increase of seven point one eight percent (7.18%) effective January 9, 2023 for the Community Development Director;
• Increase to the City’s contribution towards medical premiums and remain fixed over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Addition of one fixed holiday in recognition of the Juneteenth holiday.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve compensation and benefit modifications to Executive Management Employee contracts.
Date: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM H-08
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Revisions to the City Manager’s Employment Contract Amending Compensation and Benefits
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt Resolution Approving Revisions to the City Manager’s Employment Contract Amending Compensation and Benefits.
BAC
KGROUND INFORMATION: Over the course of the last twelve months, Council has approved successor Memorandums of Understanding (MOUs) and Statements of Benefits with various City bargaining units and extended those same benefit changes to Confidential Unrepresented employees and Executive Management.
Duri
ng its meetings on November 16, 2022 and November 29, 2022, Council completed the performance evaluation process for the City Manager. In addition, Council reviewed salary survey data from our sixteen survey agencies for the position of City Manager. The City of Lodi’s salary for City Manager is approximately 10% below average, and approximately 14.5% below median. The Council wishes to provide the City Manager with an increase in compensation, similar to what was provided to other employees, and that is commensurate for the position. The salary increase will also provide an equity adjustment to get the base compensation closer to median of comparative agencies.
A sum
mary of the proposed changes to the City Manager’s contract are as follows:
• Incr
eases to the City Manager’s salary as follows:
• Six percent (6%) increase effective January 9, 2023,
• Five percent (5%) increase effective January 8, 2024, and • Four percent (4%) increase effective January 6, 2025. • Equity adjustment of two point six one percent (2.61%) increase effective January 9, 2023. • Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
• $ 2,005.52 per month for family coverage;
• $ 1,542.71 per month for employee plus one dependent coverage; and • $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. • Addition of one fixed holiday in observance of Juneteenth.
It is recommended that the Council approve the increases to compensation and benefits for the City Manager as set forth above.
FISCAL IMPACT: The total long term annual cost of the proposed agreement is $59,000. The total cost of the term of the agreement is $162,000 as shown below.
Fiscal Year 2022/23 $ 13,750
Fiscal Year 2023/24 $ 37,750
Fiscal Year 2024/25 $ 51,500
Fiscal Year 2025/26 $ 59,000
Total Cost (3 years) $ 162,000
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
COMPENSATION AND BENEFIT MODIFICATIONS FOR THE
CITY MANAGER FOR THE PERIOD JANUARY 1, 2023
THROUGH DECEMBER 31, 2025
========================================================================
WHEREAS, the City has completed negotiations with all bargaining units; and
WHEREAS, it is recommended that Council prov ide salary and benefit modifications to the City Manager’s contract as follows:
• Six percent (6%) increase to base salary effective January 9, 2023; f ive percent (5%) increase to base salary effective January , 8, 2024; and f our percent (4%) increase to base salary effective January 6, 2025;
• Additional equity adjustment of two point six one percent (2.61%) effective January 9, 2023; • Increase to the Cit y’s contribution towards medical premiums and remain fixed over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Addition of one fixed holiday in recognition of the Juneteenth holiday.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve compensation and benefit modifications to the City Manager’s contract.
Date: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-_____
AGENDA ITEM H-09
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Revisions to the City Attorney’s Employment Contract Amending Compensation and Benefits
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt Resolution Approving Revisions to the City Attorney’s Employment Contract Amending Compensation and Benefits.
BAC
KGROUND INFORMATION: Over the course of the last twelve months, Council has approved successor Memorandums of Understanding (MOUs) and Statements of Benefits with various City bargaining units and extended those same benefit changes to Confidential Unrepresented employees and Executive Management.
Duri
ng its meetings on November 16, 2022 and November 29, 2022, Council completed the performance evaluation process for the City Attorney. In addition, Council reviewed salary survey data from our sixteen survey agencies for the position of City Attorney. The City of Lodi’s salary for City Attorney is approximately 12% below average, and approximately 14.7% below median. The Council wi shes to provide the City Attorney with an increase in compensation, similar to what was provided to other employees, and that is commensurate for the position. The salary increase will also provide an equity adjustment to get the base compensation closer to median of comparative agencies.
A sum
mary of the proposed changes to the City Attorney’s contract are as follows:
• Incr
eases to the City Attorney’s salary as follows:
• Six percent (6%) increase effective January 9, 2023,
• Five percent (5%) increase effective January 8, 2024, and • Four percent (4%) increase effective January 6, 2025. • Equity adjustment of two point seven eight percent (2.78%) effective January 9, 2023. • Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
• $ 2,005.52 per month for family coverage;
• $ 1,542.71 per month for employee plus one dependent coverage; and • $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. • Addition of one fixed holiday in observance of Juneteenth.
It is recommended that the Council approve the increases to compensation and benefits for the City Attorney as set forth above.
FISCAL IMPACT: The total long term annual cost of the proposed agreement is $54,250. The total cost of the term of the agreement is $144,750 as shown below.
Fiscal Year 2022/23 $ 11,500
Fiscal Year 2023/24 $ 32,000
Fiscal Year 2024/25 $ 47,000
Fiscal Year 2025/26 $ 54,250
Total Cost (3 years) $ 144,750
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
COMPENSATION AND BENEFIT MODIFICATIONS FOR
CITY ATTORNEY FOR THE PERIOD JANUARY 1, 2023 THROUGH
DECEMBER 31, 2025
========================================================================
WHEREAS, the City has completed negotiations with all bargaining units; and
WHEREAS, it is recommended that Council prov ide salary and benefit modifications to the City Attorney’s contract as follows:
• Six percent (6%) increase to base salary effective January 9, 2023; f ive percent (5%) increase to base salary effective January , 8, 2024; and f our percent (4%) increase to base salary effective January 6, 2025;
• Additional equity adjustment of two point seven eight percent (2.78%) effective January 9, 2023;
• Increase to the City’s contribution towards medical premiums and remain fixed over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Addition of one fixed holiday in recognition of the Juneteenth holiday.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve compensation and benefit modifications to the City Attorney’s contract.
Date: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM H-10
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Revisions to the City Clerk’s Employment Contract Amending Compensation and Benefits
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt Resolution Approvi ng Revisions to the City Clerk ’s Employment Contract Amending Compensation and Benefits.
BAC
KGROUND INFORMATION: Over the course of the last twelve months, Council has approved successor Memorandums of Understanding (MOUs) and Statements of Benefits with various City bargaining units and extended those same benefit changes to Confidential Unrepresented employees and Executive Management.
Duri
ng its meetings on November 16, 2022 and November 29, 2022, Council completed the performance evaluation process for the City Clerk. In addition, Council reviewed salary survey data from our sixteen survey agencies for the position of City Clerk.
A sum
mary of the proposed changes to the City Clerk’s contract are as follows:
• Incr
eases to the City Clerk’s salary as follows:
• Six percent (6%) increase effective January 9, 2023,
• Five percent (5%) increase effective January 8, 2024, and • Four percent (4%) increase effective January 6, 2025. • Increase to the City’s contribution towards medical premiums and remain over the term of the contract:
• $ 2,005.52 per month for family coverage;
• $ 1,542.71 per month for employee plus one dependent coverage; and • $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. • Addition of one fixed holiday in observance of Juneteenth.
It
is recommended that the Council approve the increases to compensation and benefits for the City Clerk as set forth above.
FIS
CAL IMPACT: The total long term annual cost of the proposed agreement is $26,250. The total cost of the term of the agreement is $69,125 as shown below.
Fiscal Year 2022/23 $ 5,250
Fiscal Year 2023/24 $ 14,875
Fiscal Year 2024/25 $ 22,750
Fiscal Year 2025/26 $ 26,250
Total Cost (3 years) $ 69,125
FUNDING AVAILABLE: Budget adjustments for these and other compensation increases for City employees may be needed at Mid Year Fiscal Year 2022/23. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves may be necessary to finance a portion of salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
COMPENSATION AND BENEFIT MODIFICATIONS
FOR CITY CLERK FOR THE PERIOD JANUARY 1, 2023 THROUGH
DECEMBER 31, 2025
========================================================================
WHEREAS, the City has completed negotiations with all bargaining units; and
WHEREAS, it is recommended that Council prov ide salary and benefit modifications to the City Clerk’s contract as follows:
• Six percent (6%) increase to base salary effective January 9, 2023; f ive percent (5%) increase to base salary effective January, 8, 2024; and f our percent (4%) increase to base salary effective January 6, 2025;
• Increase to the City’s contribution towards medical premiums and remain fixed over the term of the contract:
o $ 2,005.52 per month for family coverage;
o $ 1,542.71 per month for employee plus one dependent coverage; and o $ 771.35 per month for employee only coverage.
• Increase to the annual maximum dental benefit from $1,000 to $1,250, and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250.
• Addition of one fixed holiday in recognition of the Juneteenth holiday.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve compensation and benefit modifications to the City Clerk’s contract.
Date: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the Lodi City Council in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
AGENDA ITEM H-11
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Resolution Approving Revisions to the Salary Range for the Position of Executive Administrative Assistant
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: Human Resources Manager
RECOM
MENDED ACTION: Adopt resolution approving revisions to the salary range for the position of Executive Administrative Assistant.
BAC
KGROUND INFORMATION: In October 2017, as part of the long-term financial outlook and cost saving measures Council approved a resolution to combine the Secretary to the City Manager and the Legal Secretary classifications into one classification of Executive Administrative Assistant.
The
salary of the newly created combined classification of Executive Administrative Assistant was set at the salary of the Secretary to the City Manager. As a result, the City experienced much needed cost savings to the General Fund with the reduction of one full-time position.
Over
the past five years, the position of Executive Administrative Assistant has expanded a nd the level of responsibility and decision-making has greatly increased. Additionally, the incumbent performed the job duties of two classifications and was instrumen tal to the City Manager, City Attorney and Risk Manager as they navigated the complexities and every changing regulations pertaining to the COVID-19 pandemic and subsequent emergency declaration.
In a
ccordance with the increased responsibilities and the high level of administrative support provided, the City Manager and the City Attorney desire to amend the salary range of the Executive Administrative Assistant by adjusting the salary steps. Staff propose a two- step salary adjustment to the salary range of the Executive Administrative Assistant, effective, January 9, 2023. This range adjustment will be accomplished by eliminating the bottom two steps, shifting the remaining steps down, and adding two steps (5% for each step) to the top of the range. This allows future salary grow th for the incumbent and places the range closer to median with our comparative agencies.
Sal
ary Range (6% wage incr): $69,093.88 $ 72,548.59 $ 76,176.02 $79,984.81 $ 83,984.05 Proposed Salary Range: $ 76,176.02 $79,984.81 $83,984.05 $88,183.25 $92,592.42 The
incumbent is eligible to advance to the next step at their regular anniversary date for a merit increase.
Staff recommends that the Council approve the adjustments to the salary range of the Executive Administrative Assistant.
FISCAL IMPACT: The annual increase in Calendar Year 2023 is approximately $4,500 and $5,000 annually thereafter.
FUNDING AVAILABLE: Funding available with the City Manager’s budget.
_________________________________
Adele Post, Human Resources Manager
_________________________________
Andrew Keys, Deputy City Manager
RESOLUTION NO. 2022-____
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
SALARY ADJUSTMENT FOR THE POSITION OF
EXECUTIVE ADMINISTRATIVE ASSISTANT
========================================================================
NOW THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve a two-step salary range adjustment for the Executive Administrative Assistant classification; and
BE IT FURTHER RESOLVED that the salary range shall be adjusted by dropping the bottom two steps, shifting the three remaining steps down, and adding two new steps (5% each step); and
BE IT FURTHER RESOLVED that the new salary range for the Executive Administrative Assistant is hereby approved and shall be as follows:
Dated: December 7, 2022
========================================================================
I hereby certify that Resolution No. 2022-____ was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 7, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
OLIVIA NASHED
City Clerk
2022-____
Executive Administrative Assistant Date Step 0 Step 1 Step 2 Step 3 Step 4 Proposed salary range adjustment 1/9/2023 76,176.02$ 79,984.81$ 83,984.05$ 88,183.25$ 92,592.42$ AGENDA ITEM I-01
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2005 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Building Code,’ Volumes 1 and 2; Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2005.
BACKGROUND INFORMATION: Ordinance No. 2005 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Building Code,’ Volumes 1 and 2; Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.04 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2005
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE “2022 CALIFORNIA BUILDING CODE,”
VOLUMES 1 AND 2; THEREBY REPEALING AND RE-
ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN
ITS ENTIRETY
===================================================================
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.04 , “California Building Code,” is hereby repealed in its entirety and re-enacted to read as follows:
Chapter 15.04
Building Code
15.04.010 Adoption.
15.04.020 CBC Chapter 1, Division II (Board of Appeals).
15.04.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.04.040 Fee Schedule.
15.04.050 Special Inspections – Downtown Business District.
15.04.060 Violation – Misdemeanor.
15.04.010 Adoption
The provisions set forth in the 2022 California Building Code, Volumes 1 and 2, including Chapter 1, Division II, Appendix I and J, California Building Code, thereto, are hereby adopted as the Building Code of the City of Lodi and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Building Code of the City of Lodi shall apply to all matters pertaining to the erection, construction, enlargement, alteration, repair, moving , removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Lodi, California; the issuance of building permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said “2022 California Building Code, ” Volumes 1 and 2, California Building Code and the above designated appendixes thereto.
15.04.020 CBC Chapter 1, Division II (Board of Appeals)
Sec.113.1. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex-officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant.
2 15.04.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Sec. 109.1. Building Permit Fees. A fee for each building permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
Sec. 109.3. The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official and shall be based on the latest building valuation data as printed in the Building Safety Journal, published by the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work , including materials and labor for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent work or permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no applicable data is available in Building Safety Journal.
15.04.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution.
15.04.050 Special Inspections – Downtown Business District
A. Notwithstanding any other provision of this C hapter, special inspection fees required to determine compliance with this C hapter for all buildings and structures located within the area designated by Lodi Municipal Code Section 13.12.195(B) as the “downtown business district” are waived.
B. The City Council finds and declares that the waiver of special inspection fees is taken to protect and preserve a crucial part of City’s economy and to preserve a portion of the City’s heritage by offering incentives for businesses to locate, relocate, or expand existing commercial uses within the “downtown business district.”
15.04.060 Violation – Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure located within the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.04.060(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
3 Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council here by declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Ap proved this ___ day of ________, 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. 2005 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held __________, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
4 I further certify that Ordinance No. 2005 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.
___________________________________
OL IVIA NASHED
City Clerk
Approved as to Form:
_______________________________
JANICE D. MAGDICH
City Attorney
AGENDA ITEM I-02
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2006 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Existing Building Code,’ Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.02 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2006.
BACKGROUND INFORMATION: Ordinance No. 2006 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Existing Building Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.02 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2006
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING
THE “2022 CALIFORNIA EXISTING BUILDING CODE,”
THEREBY REPEALING AND RE-ENACTING
LODI MUNICIPAL CODE CHAPTER 15.02 IN ITS ENTIRETY
===================================================================
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.02 “California Existing Building Code,” is hereby adopted to read as follows:
Chapter 15.02
Existing Building Code
15.02.010 Adoption.
15.02.020 CEBC Chapter 1, Division II (Board of Appeals)
15.02.030 CEBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.02.040 Fee Schedule.
15.02.050 Special Inspections – Downtown Business District.
15.02.060 Violation – Misdemeanor.
15.02.010 Adoption
The provisions set forth in the 2022 California Existing Building Code, thereto, are hereby adopted as the Existing Building Code of the City of Lodi and copies of the same are maintained by the City Building Official and available for review in the Community Development Department . The Existing Building Code of the City of Lodi shall apply to all matters pertaining to the erection, construction, enlargement, alteration, repair, moving , removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Lodi, California; the issuance of building permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said “2022 California Existing Building Code.”
15.02.020 CEBC Code Chapter 1, Division II (Board of Appeals)
Sec. 112.1. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majori ty of the full board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. One copy will go to the Building Official with the other copy to the applicant.
15.02.030 CEBA Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1 Building Permit Fees. A fee for each building permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
2 Section 108.3 The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official and shall be based on the latest building valuation data as printed in the Building Safety Journal, published by the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees s hall be the total value of all construction work, including materials and labor for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems , and any other permanent work or permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no applicable data is available in the Building Safety Journal.
15.02.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution.
15.02.050 Special Inspections – Downtown Business District
A. Notwithstanding any other provision of this C hapter, special inspection fees required to determine compliance with this C hapter for all buildings and structures located within the area designated by Lodi Municipal Code Section 13.12.195(B) as the “downtown business district” are waived.
B. The City Council finds and declares that the waiver of special inspection fees is taken to protect and preserve a crucial part of City’s economy and to preserve a portion of the City’s heritage by offering incentives for businesses to locate, relocate, or expand existing commercial uses within the “downtown business district.”
15.02.060 Violation – Misdemeanor
A. It is unlawful f or any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure located within the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.02.060(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
Section 2. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the 3 City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this Ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordi nance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this ____ day of ________, 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. 2006 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022 and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held ___________, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
4 I further certify that Ordinance No. 2006 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
AGENDA ITEM I-03
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2007 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Mechanical Code,’ Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2007.
BACKGROUND INFORMATION: Ordinance No. 2007 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Mechanical Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.08 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2007
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE “2022 CALIFORNIA MECHANICAL CODE,”
THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY
===================================================================
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.08, “ California Mechanical Code, ” is hereby repealed and re-enacted in its entirety to read as follows:
Chapter 15.08
MECHANICAL CODE
15.08.010 Adoption.
15.08.020 Mechanical Permit Fees.
15.08.030 Fee Schedule.
15.08.040 Investigation Fee.
15.08.050 Installation.
15.08.060 CMC Chapter 1, Division II (Board of Appeals).
15.08.070 Violation – Misdemeanor.
15.08.010 Adoption
The provisions set forth in the 2022 California Mechanical Code,” together with Chapter 1, Administration Division II, are hereby adopted as the Mechanical Code of the City of Lodi , and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Mechanical Code of the City of Lodi shall apply to all matters pertaining to erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of any heating, ventilation, comfort cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances; to the issuance of permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in s aid “ 2022 California Mechanical Code” within the City of Lodi.
15.08.020 Mechanical Permit Fees
A fee for each mechanical permit required by this C hapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
15.08.030 Fee Schedule
Section 104.5 is amended to read as follows: The schedule of Mechanical Permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution.
15.08.040 Investigation Fee – Work Without a Permit
Sections 104.5.1 and 104.5.2 are amended to read as follows: Work commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fee.
2 15.08.050 Installation
Section 303.1 Installation. The California Mechanical Code adopted in Section 15.08.010 is amended to add the following
Section 303.1.2 Location of heating and cooling equipment. Heating, cooling, and swimming pool equipment shall not be located within the required five- foot side yard setback as defined by the City of Lodi Zoning Ordinance for residential zonings.
15.08.060 CMC Chapter 1, Division II (Board of Appeals)
Section 107.0 and 107.1 In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex-officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the board shall be valid unless a majority of the full board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant.
15.08.070 Violation – Misdemeanor
A. It shall be unlawful for any person, to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provision of this Chapter . Maintenance of equipment , which was unlawful at the time it was installed and which would be unlawful under this Code if installed a fter effective date of this Chapter, shall constitute a continuing violation of this Chapter.
B. A ny person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.08.07 0(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mand atory duty of care towards persons or property within the City or outside if the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the p rovisions 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.
3 Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this ___ day of _______, 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 c ertify that Ordinance No. 2007 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022 and was thereafter passed, adopted , and ordered to print at a regular meeting of said Council held ____________, 2022 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2007 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
AGENDA ITEM I-04
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2008 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Electrical Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.16 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2008.
BACKGROUND INFORMATION: Ordinance No. 2008 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Electrical Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.16 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2008
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING
THE “2022 CALIFORNIA ELECTRICAL CODE”, THEREBY
REPEALING AND RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.16 IN ITS ENTIRETY
===================================================================
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.16, “ California Electrical Code ,” is hereby repealed and re-enacted in its entirety to read as follows.
Chapter 15.16
ELECTRICAL CODE
Sections:
15.16.010 Adoption.
15.16.020 Fees.
15.16.030 Fee Schedule.
15.16.040 Investigation Fee.
15.16.050 Appeals Board.
15.16.060 Qualifications of Inspectors.
15.16.070 Violation – Misdemeanor.
15.16.010 Adoption
The provisions set forth in the “2022 California Electrical Code ,” together with Annex C, Annex H, and Administration and Enforcement thereto, are hereby adopted as the Electrical Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department.
The Electrical Code of the City of Lodi shall apply to all matters pertaining to the installation, alteration, or addition of electrical wiring, devices, appliances, or equipment in the City of Lodi; and the enforcement of the rules and regulations as set forth in the “2022 California Electrical Code ,” together with Annex C, Annex H, and Administration and Enforcement thereto.
15.16.020 Fees
A fee for each electrical permit required by this Code shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
15.16.030 Fee Schedule
The Schedule of Electrical Permit Fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution.
15.16.040 Investigation Fee – Work Without a Permit
Work c ommenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the Building Official that shall be in addition to the required permit fee.
2 15.16.050 Appeals Board (CEC Annex H)
Annex H 80.15 - is amended to read: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Building Official shall be an ex -officio member and shall act as secretary of the Board.
Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant.
15.16.060 Qualifications of Inspectors
Annex H 80.27- is amended to read: All electrical inspectors shall meet the minimum certification and experience as required by the City of Lodi’s job description.
15.16.070 Violation – Misdemeanor
A. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, or maintain any electrical wiring, devices, appliances or equipment or permit the same to be done in violation of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this C hapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this C hapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly.
C. In addition to the penal ties set forth in Section 15. 16.070(B) above, City may at its sole discretion, seek to enforce its Building Code under Chapter 1.10 of this Code.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
3 Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this ____ day of ________, 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. 2008 was introduced at a regular meeting of the City Council of the City of Lodi held November 1 6, 2022, and was thereafter passed, adopted , and ordered to print at a regular meeting of said Council held __________, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2008 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.
OLIVIA NASHED
C ity Clerk
Approved as to Form:
______________________________
JANICE D. MAGDICH
City Attorney
AGENDA ITEM I-05
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2009 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Plumbing Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2009.
BACKGROUND INFORMATION: Ordinance No. 2009 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Plumbing Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.12 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2009
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE “2022 CALIFORNIA PLUMBING CODE,”
THEREBY REPEALING AND RE-ENACTING LODI
MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY
===================================================================
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15.12 , “ California Plumbing Code, ” is hereby repealed and re-enacted to read as follows:
Chapter 15.12
PLUMBING CODE
15.12.010 Adoption.
15.12.020 Department Having Jurisdiction.
15.12.030 Plumbing Permit Fees.
15.12.040 Fee Schedule.
15.12.050 Investigation Fee.
15.12.060 Violation – Misdemeanor.
15.12.010 Adoption
The provisions set forth in the “2022 California Plumbing Code ,” together with Chapter 1 Administration Division II, are hereby adopted as the Plumbing Code of the City of Lodi
and copies of the same are maintained by the City Building Official and available for review in the Community Development Department. The Plumbing Code of the City of Lodi shall apply to all matters pertaining to plumbing, drainage systems , and gas fittings in the City of Lodi.
15.12.020 Department Having Jurisdiction
The Building Division of the Community Development Department and the Building Official or his /her authorized representative shall enforce the provisions of this Chapter and shall have all of the duties and rights of the Administrative Authority as provided in the “2022 California Plumbing Code.”
15.12.030 Plumbing Permit Fees
A fee for each plumbing permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
15.12.040 Fee Schedule
Section 104.5 The schedule of plumbing permit fees required by this Chapter will be those established and adopted by City Council from time to time by resolution.
2 15.12.050 Investigation Fee – Work Without a Permit
Sections 104.5.1 and 104.5.2 Work c ommenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the Building Official that shall be in addition to the required permit fee.
15.12.060 Violation – Misdemeanor
A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any plumbing or permit the same to be done in violation of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this Chapter occurs or continues , shall be deemed to constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.12.06 0(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter 1.10 of this Code.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
3 Approved this ____ day of _______, 2022
___________________________________
MARK CHANDLER
Mayor
Attest:
_________________________________
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss.
I, Oliva Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2009 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022, and was thereafter passed, adopted , and ordered to print at a regular meeting of said Council held _________, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2009 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
AGENDA ITEM I-06
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2010 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Residential Building Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.06 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2010.
BACKGROUND INFORMATION: Ordinance No. 2010 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Residential Building Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.06 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2010
AN ORDINANCE OF THE LODI CITY COUNCIL
ADOPTING THE “2022 CALIFORNIA RESIDENTIAL
BUILDING CODE,” THEREBY REPEALING AND
RE-ENACTING LODI MUNICIPAL CODE
CHAPTER 15.06 IN ITS ENTIRETY
===================================================================
NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows:
Section 1. Lodi Municipal Code Chapter 15. 06, “ California Residential Building Code,” is hereby repealed and re-enacted in its entirety to read as follows:
Chapter 15.06
RESIDENTIAL CODE
15.06.010 Adoption.
15.06.020 CBC Chapter 1, Division II (Board of Appeals).
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation).
15.06.040 Fee Schedule.
15.06.050 Repetitive Submittals (Master Plans).
15.06.060 Violation – Misdemeanor.
15.06.010 Adoption
The provisions set forth in the 2022 California Residential Code,” including Chapter 1, Division II, Appendix AH and AJ, Sections AJ102, AJ104.1, AJ105, AJ105.7, AJ105.8, AJ110.1only, Appendix AX thereto, are hereby adopted as the Residential Building Code of the City of Lodi and copies of the same are maintained by the City Building Official and available for review in the Community Development Department .
The Residential Code of the City of Lodi shall apply to all matters pertaining to the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Lodi, California; the issuance of building permits and the collection of fees therefore; and the enforcement of the rules and regulations as set forth in said “2022 California Residential Code” and the above- designated appendixes thereto.
15.06.020 CBC Chapter 1 Division II (Board of Appeals)
Sec.112.1 - In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals . The Building Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full Board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Building Official with the other copy to the applicant.
15.06.030 CBC Chapter 1, Division II (Building Permit Fees and Valuation)
Section 108.1. Building Permit Fees. A fee for each building permit required by this Chapter shall be paid to the City of Lodi. Fees shall be paid prior to permit issuance.
2 Section 108 .3. The determination of value or valuation under any of the provisions of this Chapter shall be made by the Building Official and shall be based of the latest building valuation data as printed in the Building Safety Journal, published by the International Code Council, 5360 South Workman Mill Road, Whittier, CA 90601.
The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work, including materials and labor for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems , and any other permanent work or permanent equipment.
EXCEPTION: The Building Official shall determine the valuation when no applicable data is available in Building Safety Journal.
Section 108.6 Work commenced before permit is issued. Any person who commences work requiring a permit before obtaining the necessary permits shall be subject to a fee established by the Building Official that shall be in addition to the required permit fee
15.06.040 Fee Schedule
The schedule of building permit fees required by this Chapter will be those established and adopted by the City Council from time to time by resolution.
15.06.050 Repetitive submittals (Master Plans)
A. Fees for the repetitive submittals of Master Plans shall be as follows:
1. Original plan: 100% of building permit fee, plus 10%.
2. Subsequent plans: 25% of building permit fee.
3. City’s Residential Code (Chapter 15.06) is subject to review and adoption every three years; as such, Master Plans expire upon the effective date of City’s most recent Residential Code.
15.06.060 Violation – Misdemeanor
A. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure located within the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Chapter.
B. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter is guilty of a misdemeanor punishable on conviction as set forth in Chapter 1.08 of this Code. Each separate day or any portion of thereof, during which any violation of this C hapter occurs or continues, shall be deemed to constitute a separate offense and punished accordingly.
C. In addition to the penalties set forth in Section 15.0 6.060(B) above, City may at its sole discretion, seek to enforce this Chapter under Chapter
1.10 of this Code.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the 3 City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Ap proved this ____ day of ________, 2022
___________________________________
Attest: MARK CHANDLER, Mayor
_______________________________
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss.
I, Olivia Nashed, City Clerk of the City of Lodi, do her eby certify that Ordinance No. 2010 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held ________, 2022 by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2010 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
AGENDA ITEM I-07
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2011 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Green Building Standard Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2011.
BACKGROUND INFORMATION: Ordinance No. 2011 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Green Building Standard Code,’ Thereby Repealing and Re-Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2011
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE
“2022 CALIFORNIA GREEN BUILDING STANDARD CODE,”
THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL
CODE CHAPTER 15.18 IN ITS ENTIRETY
========================================================================
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Chapter 15.18 “ California Green Building Standard Code,” is hereby repealed and re-enacted in its entirety to read as follow:
Chapter 15.18
GREEN BUILDING CODE
15.18.010 Adoption
The provisions set forth in the “2022 California Green Building Standard Code” is hereby adopted as the Green Building Code of the City of Lodi , and a copy of the same is maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use, and occupancy of every newly -constructed building or structure requiring a Building Permit in the City of Lodi.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severabl e. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Ap proved this ____ day of ______, 2022
Attest:
________________________________
MARK CHANDLER
________________________________ Mayor
OLIVIA NASHED
City Clerk
2 State of California
County of San Joaquin, ss.
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2011 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held _________, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2011 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
AGENDA ITEM I-08
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2012 Entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Fire Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.20 in Its Entirety”
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2012.
BACKGROUND INFORMATION: Ordinance No. 2012 entitled, “An Ordinance of the Lodi City Council Adopting the ‘2022 California Fire Code,’ Thereby Repealing and Re- Enacting Lodi Municipal Code Chapter 15.20 in Its Entirety,” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2012
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE “2022 CALIFORNIA FIRE CODE,” THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY
========================================================================
THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS:
Section 1. Lodi Municipal Code Chapter 15.20, “California Fire Code,” is hereby repealed in its entirety and re-enacted to read as follows:
CHAP
TER 15.20
FIRE CODE
Section:
15.20.010 Adoption
15.20.020 Enforcement
15.20.030 Definitions
15.20.040 Findings and Filings
15.20.050 Open Burning, Recreational Fires and Portable Outdoor Fireplaces
15.20.065 Sky Lanterns
15.20.070 Misc. Combustible Material Storage - Pallets, Palletized Packing Boxes, and Bin Boxes
15.20.080 Fire Apparatus Access Roads - Dimensions
15.20.090 Fire Apparatus Access Roads - Surfaces
15.20.100 Premises Identification
15.20.110 Key Boxes - Hazardous Materials Management Plan Box
15.20.120 Emergency Responder Radio Coverage - Public Safety Radio Building Amplification System
15.20.130 Fuel - Fired Appliances Gas Meters - Gas Service Identification
15.20.140 Electrical Equipment Wiring and Hazards - Electrical Disconnect
15.20.150 Fire Protection Systems - System Maintenance
15.20.160 Automatic Sprinkler Systems
15.20.170 Sprinkler Coverage Identification
15.20.180 Fire Control Room
15.20.190 Fire Alarm and Detection System Certification
15.20.200 Precautions Against Fire - Opening Burning Construction Sites
15.20.210 Tire Rebuilding and Tire Storage - Inside Tire Storage
15.20.220 Explosives and Fireworks - Seizure of Fireworks
15.20.230 Explosives and Fireworks - Limits Explosive and Blasting Agents
15.20.240 Explosives and Fireworks - Manufacturing of Fireworks
15.20.250 Storage - Locations Where Aboveground Tanks are Prohibited Class I & II Liquids
15.20.260 General Authority - Contract Inspector
15.20.270 General Authority - Fire investigators
15.20.280 Permits - Required Fees
15.20.290 Permits - Inspection Authorized
15.20.300 Permits - Revocation
15.20.310 Permi ts - Required
15.20.320 Inspections - Administrative Costs
15.20.325 Board of Appeals
2 15.20.330 Violations - Administrative Enforcement Provisions
15.20.340 Violations - Abatement of Hazard by Fire Code Official
15.20.350 Unsafe Building - Structural fires
15.20.360 Stop Work Order - Failure to comply
15.20.370 Fire Hydrants - Location and Distribution, Distribution of fire hydrants
15.20.380 Changes or modifications
15.20.010 Adoption
The provisions set forth in the California Fire Code (2022 Edition), including Chapters 1, Division II, Chapter 11 in its entirety and Chapter 4. Appendix B, BB, C, CC, D, E, F, G, H, I, K, N and O with the exception of Section 103.2 (published by the International Code Council), are hereby adopted as the Fire Code of the City of Lodi, and copies of the same are maintained by the City Building Official and available for review in the Community Development Department, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for t he issuance of permits and collection of fees therefore; and the enforcement of the rules, regulations, penalties, conditions and terms of the Fire Code of the City of Lodi, are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes as prescribed in this ordinance.
15.20.020 Enforcement
Peace officers and persons employed in positions authorized to exercise the authority provided in California Penal Code Section 836.5 are authorized to issue citations for violation of this Chapter. The following designated employee positions may enforce the provisions of this Chapter by issuance of citations: the City Manager or his/her duly authorized representative, the Fire Chief, the Fire Marshal, Fire Inspectors , and all sworn members of the City’s fire department.
15.20.030 Definitions
a) Whenever the words “International Fire Code” are used in this Chapter, it shall mean the California Fire Code (2022 Edition), Title 24, California Code of Regulations, Part 9.
b) Whenever the words “California Fire Code” are used in this Chapter, it shall mean the California Fire Code ( 2022 Edition), Title 24, California Code of Regulations, Part 9 , as adopted.
c) Whenever the word “municipali ty” is used in the California Fire Code (2022 Edition), it shall mean the City of Lodi.
d) Whenever the words “Chief” or “Fire Code Official” is used in the California Fire Code (2022 Edition), they shall mean the Fire Chief for the City of Lodi or his/her designated representative.
3 15.20.040 Findings and Filings
The findings of fact required in accordance with Health and Safety Code Section 17958.5 are set forth in Section 15.20.380 of this Chapter and are filed separately with the California Building Standards Commission and Lodi City Clerk’s Office.
15.20.050 Open burning, Recreational Fires and Portable Outdoor Fireplaces
Section 307.1 of the California Fire Code is hereby amended to read as follows:
A person shall not kindle or authorize to be kindled or maintain any outdoor burning within the limits of the City of Lodi, except that this section shall not prohibit those fires that are approved by the Fire Code Official for the following purposes:
a. The prevention of a fire hazard that cannot be evaded by any other means.
b. The instruction of public employees in the methods of fighting fire.
c. The instruction of employees in the methods of fighting fire, when such fire is set, pursuant to permit, on property used for industrial purposes.
d. The setting of backfires necessary to save life or valuable property pursuant to Section 4462 of the Public Resource Code.
e. The abatement of fire hazards pursuant to Section 13055 of the Health and Safety Code.
f. Disease or pest prevention, where there is an immediate need for and no reasonable alternative to burning.
Nothing in this section shall be construed as prohibiting open outdoor fires used only for cooking food for human consumption where such use is accomplished in an approved fireplace or barbecue pit, or for recreational purposes in areas approved by the Fire Code Official, provided that the combustible is clear dry wood or charcoal and it is a permissive burn day. Approval shall be in accordance with Sections 307.1.1 – 307.5 of the California Fire Code.
15.20.65 Sky Lanterns
Section 308.1.6.3 of the California Fire Code is hereby amended to add the following:
No person shall release or cause to be released an untethered sky lantern.
Sky Lantern. An unmanned device with a fuel source that incorporates an open flame in order to make the device airborne.
15.20.070 Miscellaneous Combustible Materials Storage - Pallets, Palletized Packing Boxes and Bin Boxes
Section 315 of the California Fire Code is hereby amended to add the following:
A permit shall be required to store pallets, palletized packing boxes , or bin boxes in excess of 30,000 board feet, in accordance with the following restrictions. 4 Pallets, palletized packing boxes , and bin boxes shall be piled with due regard to stability of piles and in no case higher than 12 feet. Where pallets are piled next to a property line, the distance from the property line shall not be less than 10 feet from the property line.
Exception: Bin boxes may be stacked to a maximum height of 20 feet.
Driveways between and around pallets, bin boxes , and palletized packing boxes shall be a minimum of 20 feet wide and maintained free from accumulations of rubbish, weeds, machinery or other articles that would block access or add to the fire hazard. Driveways shall be spaced so a maximum grid of storage complies with Tables 315.7.6(3) and 315.7.6(4)
Pallets, palletized packing boxes, and bin boxes, operating under a permit, shall be enclosed by a suitable fence of at least 6 feet in height, unless storage is in a building.
An approved water supply and/or fire hydrants capable of supplying the required fire flow shall be provided to the premises within all portions of the storage areas in accordance with Section 507, California Fire Code and Lodi Municipal Code 15.20.370.
For permitting purposes, one pallet will be calculated as having 25 board feet and palletized packing boxes and bin boxes will be calculated based on average board feet per box.
15.20.080 Fire Apparatus Access Roads - Dimensions
Section 503.2. 1 and Appendix D of the Cal ifornia Fire Code is hereby amended to read as follows:
Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6 of the California Fire Code and an unobstructed vertical clearance of not less than 13 feet 6 inches.
15.20.090 Fire Apparatus Access Roads - Surfaces
Section 503.2.3 of the California Fire Code is hereby amended to read as follows:
Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall provide a permanent surface of asphalt or concrete installed the full width of all streets, cul -de-sacs, and fire lanes. In the event a temporary fire access road is necessary to comply with Section 503.1.1 of the California Fire Code, the surface shall be an engineered aggregate based surface that will support the imposed loads of fire apparatus while maintaining its structural integrity with the introduction of rain or fire-flow runoff.
15.20.100 Premises Identification
Section 505.1 of the California Fire Code is hereby amended to read as follows:
A. Address Identification
New and existing buildings shall have approved address numbers, building numbers , or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. 5 The approved minimum size dimensions of the numbers shall be as specified by Table 1.
Where a building is set back from the street or road fronting the property and where addresses may not be clearly identifiable due to distance from the street or roadway, landscape and architectural appendages, or other obstructions, address posting shall be required both at the street driveway serving such building and on the building.
Table 1
Distance to Building address Size
measured from back of walk. Height
25 Feet 4 inches
26-40 Feet 6 inches
41-55 Feet 9 inches
Over 55 Feet 12 inches
B. Address Identification – Rear
Any business or apartment building which affords vehicular access to the rear through a driveway, alleyway, or parking lot shall also display approved identification or address numbers on the rear of the building for such business or apartment building in a location approved by the Fire Code Official.
C. Address Identification - Multiple Dwelling Units
An approved diagram of the premises , which clearly indicates all individual addresses of each unit in the complex , shall be erected at the entrance driveways to every multiple dwelling complex having more than one building on the premises or when required by the Fire Code Official.
In addition, the Fire Code Official may require that individual buildings on the premises be identified in an approved manner.
D. Address Identification - Multiple Buildings
An approved identification of multiple buildings within an industrial complex shall be required, which clearly indicates each individual building in the complex. Identification shall be placed on each building in a size and location , when required by the Fire Code Official, and be visible for responding emergency personnel in an approved manner.
E. Address Identification - Illumination
Addressing shall be illuminated at night in all new buildings. Signs shall be internally or externally illuminated. When the luminance or the face of a sign is from an external source, it shall have an intensity of not less than 5.0 foot -candles. Internally illuminated signs shall provide equivalent luminance.
15.20.110 Key Boxes - Hazardous Materials Management Plan Box
Section 506 of the California Fire Code is hereby amended to add the following:
When a business which handles hazardous materials is required to complete a Hazardous Materials Management Plan (HMMP), the Fire Code Official may require the installation of a 6 secured box at the primary facility entrance or the fire control room, which contains a copy of the Hazardous Materials Management Plan. This box shall be waterproof and capable of holding the document in a rolled condition without folding. Other characteristics of the box shall be approved by the Fire Code Official.
Businesses which handle acutely hazardous material as defined in Section 25532 of the Health and Safety Code shall install a Hazardous Material Management Plan Box in accordance with this section.
15.20.120 Emergency Responder Radio Coverage - Public Safety Radio Building Amplification System
Section 5 10 (Emergency Responder Radio Coverage) of the California Fire Code is hereby amended to add the following:
A. Requirement for Approved Emergency Responder Radio Coverage in Buildings.
All buildings shall have approved indoor radio coverage for emergency responders. Except as otherwise provided, no person shall erect, construct, change the use of or provide an addition of more than 20 percent to, any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for the City of Lodi radio communications system. Determining the existence of approved radio coverage and the correction of any deficiencies shall be the responsibility of the building owner. Existing buildings, buildings of one or two single-family dwellings, or those below minimum areas as determined by the fire code official may be exempted from this requirement by the Fire Code Official.
B. Approved Radio Coverage
Approved radio coverage shall conform to the current standards of the Lodi Fire Department.
These standards shall define the acceptable indoor signal levels to provide 90% reliability of the Lodi Public Safety Radio System inside structures. The fire code official may determine exceptions and additions to these standards as required to protect the integrity of the public safety radio system and provide acceptable signal levels in structures critical to public health and safety.
C. Indoor Public Safety Radio Enhancement Systems
If required by this code, any indoor pubic safety radio enhancement system must comply with current standards set by the Lodi Fire Department, and the regulations of the Federal Communications Commission. Systems shall be inspected, maintained, and modified as necessary to provide approved emergency responder radio coverage. If changes in FCC regulations or modifications to the Lodi Public Safety Radio System require modificati ons to a public safety radio enhancement system, the building owner, at his/her own expense, shall make necessary changes to conform to the existing standard.
15.20.130 Fuel-Fired Appliances - Gas Meters, Gas Service Identification
Section 509.1.1 of the California Fire Code is hereby amended to add the following:
7 All buildings providing natural gas service through more than one (1) service meter or through multiple service connections shall have individual gas shutoffs identified in a manner approved by the Fire Chief indicating areas or units served.
15.20.140 Electrical Equipment, Wiring and Hazards - Electrical Disconnect
Section 509.2 of the California Fire Code is hereby amended to add the following:
All buildings constructed after July 1, 2005, shall have main electrical shut off accessible to the exterior of the structure. This may be accomplished by placing the shut off on the building exterior, an electrical room with a door leading directly to the exterior or a remote electrical (shunt) switch on the building exterior. Breakaway locks are allowable for security.
15.20.150 F ire Protection Systems- System Maintenance
Section 901.7 of the California Fire Code is hereby amended to add the following:
All individuals or companies installing, repairing, testing, servicing , or maintaining sprinkler systems, fire hydrant systems, standpipes, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke- removal systems, and other fire protection or extinguishing systems or appliances shall be a fire protection contractor or contractor licensed for said work by the State of California or have the appropriate license required by the California State Fire Marshal's Office or both.
The authority having jurisdiction shall be notified immediately when a fire protection or detection system or portion thereof is found inoperable.
The authority having jurisdiction shall be notified in writing within 72 hours by the person performing repairs, testing, or maintenance when a fire protection or detection system is not in compliance with applicable codes.
When changes involve shutting off water for a considerable number of sprinklers for more than 4 hours, temporary water supply connections shall be made to sprinkler systems so that reasonable protection can be maintained. Protection shall be restored each night . The Fire Code Official may require a fire watch while any system is inoperative.
When shorts, failures, or other interruptions of service occur within a building's fire alarm system that connects to an approved alarm service provider's Type A (listed) Central Station or is a local alarm only, the Fire Code Official may require the system to be disconnected or shunt out the private fire alarm system and/or circuit. When shorts, failures, or other interruption of service occur within a building's fire alarm system that connects to an approved alarm service provider's Type A (listed) Central Station, the Fire Code Official may require the system to be repaired and written notification to be provided to the Fire Code Official before he or she responds to alarms generated by the system.
Where alarm system(s) are wholly or partially out of service for more than 8 hours, the alarm company having responsibility shall notify the fire dispatch center.
15.20.160 Automatic Sprinkler Systems
Section 903 of the California Fire Code is hereby amended to add the following:
8 In addition to the requirements specified in Section 903 of the California Fire Code , an automatic sprinkler system shall be installed throughout and maintained in an operable condition regardless of the installation of area separation walls in the following buildings:
(1) Every building hereafter constructed in which the total floor area is 6,000 square feet or more.
( 2) Every building hereafter constructed of three or more stories as defined in the California Building Code.
(3) Every building hereafter in which the square footage existing as of September 1, 1997, is increased by 50% or the total square footage of the building exceeds 6,000 square feet.
15.20.170 Sprinkler Coverage Identification
Section 903 of the California Fire Code is hereby amended to add the following:
When required by the Fire Code Official, approved signs shall identify the building(s) or portions of building(s) served by a fire department connection and/or riser.
15.20.180 Fire Control Room
Section 903 of the California Fire Code is hereby amended to add the following:
An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Existing buildings installing automatic fire extinguishing system shall have a fire control room added unless approved by the Fire Code Official or his/her designee for good cause. Fire control room shall contain all system control valves, fire alarm control panels , and other fire equipment required by the Fire Code Official. Fire control rooms shall be located within the building at a location approved by the Fire Code Official and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room.
EXCEPTION: Group R, Division 3 occupancies.
15.20.190 Fire Alarm and Detection Systems - Certification
Section 907.8.2 of the California Fire Code is hereby amended to add the following:
The permittee shall provide a serially numbered certificate from an approved nationally recognized testing laboratory for all required fire alarm systems indicating that the system has been installed in accordance with the approved plans and specifications and meets National Fire Protection Association Standards. Certification shall be required for all new systems to be installed after July 1, 2003. All existing systems must obtain certification in a timely manner, as approved by the Fire Code Official. A copy of the certification shall be provided to the Fire Code Official at no cost.
15.20.200 Precautions Against Fire - Open Burning Construction Sites
Section 3305.3 of the California Fire Code is hereby amended to add the following:
9 No fire shall be permitted to burn on any construction site for any purpose. This section is not intended to prohibit the use of devices or tools producing a flame when used in an approved manner and necessary for the construction of the building.
15.20.210 Tire Rebuilding and Tire Storage - Indoor Tire Storage
Chapter 34 (Tire Rebuilding and Tire Storage) 3409.1 of the California Fire Code are hereby amended to add the following:
Inside tire storage shall be in accordance with the following requirements.
Tires stored on side walls shall not be higher than six feet. Tires stored in a lace pattern shall not be higher than 5 feet. A minimum of 3 feet of clearance from tire storage racks shall be maintained in all directions to roof structure, sprinkler deflectors, unit heaters, supply and return air duct registers, lighting fixtures, electrical outlets or any other producing device. On- tread storage piles, regardless of storage needs, shall not exceed 25 feet in the direction of the wheel holes. On-floor, on-tread storage shall not exceed 5 feet in height. The width of the main aisles between piles shall not be less than 8 feet. Any aisle other than the main aisles shall not be less than 4 feet in width.
Definitions:
On-side storage: Tires stored horizontally or flat.
On-tread storage: Tires stored vertically or on their treads.
Laced storage: Tires stored where the sides of the tires overlap, creating a woven or laced appearance.
15.20.220 Explosives and Fireworks - Seizure of Fireworks
Chapter 56 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following:
The Fire Code Official is authorized to seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of local, state, or federal regulations.
15.20.230 Explosives and Fireworks - Limits Explosive and Blasting Agents
Chapter 56 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following:
The storage of explosives and blasting agents is prohibited within the City limits, except in areas zoned M-2 as such zone is defined in the zoning regulations of the City.
15.20.240 Explosives and Fireworks-Manufacturing of Fireworks
Chapter 56 (Explosives and Fireworks) of the California Fire Code is hereby amended to add the following:
The manufacture of fireworks within the limits of the City of Lodi is prohibited. 10 15.20.250 Storage - Locations where aboveground tanks are prohibited – Class I & II L iquids
Section 5704.2.9.6.1 of the California Fire Code is hereby amended to read as follows:
Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits of the City of Lodi, except areas zoned IP, M-1, and M-2 as such zones are defined in the zoning regulations of the City of Lodi.
15.20.260 General Authority - Contract Inspector
Chapter 1, Division II, Part 2 Section 104.8.2 of the California Fire Code is hereby amended to add the following:
The Fire Code Official may require the owner or the person in possession or control of the building or premise to provide, without charge to the fire department, a special inspector (“Contract Inspector”) when the department requires technical expertise for assistance to conduct the required inspections.
The Contract Inspector shall be a qualified person who shall demonstrate his/her competence to the satisfaction of the Fire Code Official for inspection of a particular type of construction, operation, fire extinguishing, or detection system or process.
Duties and responsibilities of the Contract Inspector shall include but not be limited to the following:
1. The Contract Inspector shall observe the work assigned for conformance with the approved design drawing and specifications.
2. The Contract Inspector shall furnish inspection reports to the Fire Code Official, Building Official, and other designated persons as required by the Fire Code Official. All discrepancies shall be brought to the immediate attention of the contractor for correction, then if uncorrected, to the proper design authority, Fire Code Official, and to the building official.
3. The Contract Inspector shall submit a final signed report stating whether the work requiring inspection was, to the best of his/her knowledge, in conformance with the approved plans and specifications and the applicable workmanship provision of this code.
15.20.270 General Authority - Fire Investigators
Chapter 1, Division II, Part 2 – Section 104.11 of the California Fire Code is hereby amended to add the following:
All sworn members assigned to the Fire Prevention Bureau or Fire Investigation Unit are hereby assigned as Fire Investigators and as such shall enforce the provisions of the California Penal Code as it pertains to fire and arson investigations.
15.20.280 Permits – Required Fees
11 Chapter 1, Division II, Part 2 – Section 107.2 of the California Fire Code is hereby amended to add the following:
The fee for each permit shall be as set forth from time to time by resolution of the Lodi City Council. The City may establish fees sufficient to recover its costs in administering this Code.
No permit shall be issued until such fees have been paid, and administrative citations may be issued to persons violating this Code by the persons allowed to issue citations as stated in Lodi Municipal Code – Chapter 1.10 – Administrative Enforcement Provisions.
15.20.290 Permits - Inspection Authorized
Chapter 1, Division II, Part 2 – Section 105.2.2 of the California Fire Code is hereby amended to read as follows:
Before a new operational permit is approved, the Fire Code Official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces , or areas to be used to determine compliance with this Code or any operational constraints required. I n i nstances where laws or regulations are enforced by departments other than the fire department, joint approval shall be obtained from all departments concerned.
No final inspection under this Code, as to all or any portion of the development, shall be deemed completed and no certificate of occupancy shall be issued unless and until the requirements imposed by this Code have been completed and the final approval thereof by the Fire Department has been given as provided herein and all plan reviews and inspection fees paid.
15.20.300 Permits - Revocation
Chapter 1, Division II, Part 2 – Section 105.4 of the California Fire Code is hereby amended to add the following:
The Fire Code Official further shall have the power to revoke, suspend, or deny the granting of any permit required pursuant to the provision of this Code for any of the following reasons:
(a) When deemed necessary for the protection of life, limb, or property; or
(b) For changing the occupancy, equipment, materials, processes, or other conditions in such a manner as to create a greater danger of fire or explosion or less protection than was present at the time of the issuance of such permits.
15.20.310 Permits - Required
Chapter 1, Division II, Part 2 – Section 105.1.1 of the California Fire Code is hereby amended to add the following:
Christmas Tree Lots. A permit issued by the Fire Code Official is required t o operate a Christmas Tree Lot with or without flame proofing services.
Haunted Houses. A permit issued by the Fire Code Official is required to operate a temporary or permanent haunted house.
12 Special Events. A permit issued by the Fire Code Official is required to conduct a special event that is not otherwise listed in this Code and in the opinion of the Fire Code Official or his or her designee poses a fire or life safety concern to the public.
15.20.320 Inspections - Administrative Costs
Chapter 1, Division II, Part 2 – Section 108.2 of the California Fire Code is hereby amended to add the following:
When a test or inspection is scheduled and the contractor fails to perform to the satisfaction of the authority having jurisdiction, the authority having jurisdiction may bill the contractor for actual time spent traveling to and from the test/inspection location and the time spent at the test/inspection site as well as administrative costs.
15.20.325 Board Of Appeals
Chapter 1, Division II, Part 2 – Section 111 of the California Fire Code is hereby amended to read as follows:
In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of this Chapter, the City Council shall sit as a Board of Appeals. The Fire Code Official shall be an ex -officio member and shall act as secretary of the Board. Three members present shall constitute a quorum and no act of the Board shall be valid unless a majority of the full board shall concur therein.
The Board of Appeals shall adopt reasonable rules and regulations for conducting a meeting and investigations and shall render a decision and findings in duplicate. A copy will go to the Fire Code Official with the other copy to the applicant.
15.20.330 Violations - Administrative Enforcement Provisions
Chapter 1, Division II, Part 2 – Section 112.2 and 112.3 of the California Fire Code is hereby amended to read as follows:
Notices of violation, citation, or penalties shall comply with Lodi Municipal Code – Chapter 1.10 – Administrative Enforcement Provisions with the following terminology changes or deletions wherever stated in Chapter 1.10.
(a) Whenever the word “Community Improvement Officer” is used, it shall mean the Fire Code Official.
(b) Whenever the word “Department of Public Safety” is used, it shall mean the Lodi Fire Department.
(c) Whenever the word “Community Development Director” or “Director” is used, it shall mean the Fire Chief or his designee.
(d) Whenever the word “Uniform Codes” is used, it shall mean the California Fire Codes.
13 (e) Section 1.11.260E is not applicable to the provisions of this chapter, (Community Awareness and Responsibility Education Classes ) as it pertains to residential dwellings.
15.20.340 Violations - Abatement of Hazard by Fire Code Official
Chapter 1, Division II, Part 2 – Section 112.3.2 and 112.4.1 of the California Fire Code is hereby amended to add the following:
If any person fails to comply with the orders of the Fire Code Official, or if the Fire Code Official is unable to locate the owner, operator, occupant , or other person responsible within a reasonable time, the Fire Code Official or his or her authorized representative may take such steps as are necessary to abate the hazard for the protection of the public health and safety.
No event notice is necessary before abatement when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien or special assessment on the subject property.
15.20.350 Unsafe Buildings - Structural Fires
Chapter 1, Division II, Part 2 – Section 114.1.1 of the California Fire Code is hereby amended to add the following:
The Chief Officer at the scene shall attempt to notify all occupants or owners of structures, which have suffered damage by fire, that such structures or buildings must be inspected before any repairs thereof are made. A permit covering the structural, electrical , and plumbing repairs shall be obtained from the City of Lodi Community Development Department. The Chief Officer shall report all such structural fires to the Chief Building Official or his/her designee within twenty-four hours after the occurrence of such fire.
15.20.360 Stop Work Order - Failure to Comply
Chapter 1, Division II, Part 2 – Section 113.4 of the California Fire Code is hereby amended to read as follows:
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than that stated in Lodi Municipal Code – Chapter 1.10 – Administrative Enforcement Provisions.
15.20.370 Fire Hydrants Locations and Distribution – Distribution of Fire Hydrants
Appendix C – Section C103.1 of the California Fire Code is hereby amended to read as follows:
Private fire hydrants and public off site fire hydrants shall be spaced with the maximum distances as specified by Table 2.
14 Table 2
Maximum
Zoning Type Spacing
Commercial, high density,
Industrial or high-value 300 feet
Low Density Residential 500 feet
Residential Reverse Frontage 1,000 feet
Hydrants shall be required on both sides of the street whenever one or more of the following conditions exist:
1. Streets have median center dividers that make access to hydrants difficult, cause time delays, or create undue hazard or both.
2. On major arterials when there is more than four lanes of traffic.
3. Width of street in excess of 88 feet.
4. The existing street being widened or having a raised median center divider in the future pursuant to the General Plan Roadway Improvements Plans for the City of Lodi.
15.20.380 Changes or Modifications
In accordance with Health and Safety Code Section 17958.5, the adoption of amendments more restrictive than the requirements contained in the provisions published in the California Building Standard Code, are needed because of local conditions, as specified below:
(A) Climatic.
(1) Conditions
Precipitation averages 18 inches per year and can reach as high as 35 inches per year. Virtually all of the rain occurs during the months of October through April. The remaining months receive little or no rain. Temperatures during the summer months can reach as high as 110 and City of Lodi averages 19 days over 100 each year. Relative humidity during these summer months is very low.
Lodi averages 34 days of dense fog per year, and has had as many as 64 foggy days.
(2) Impacts
The generally dry, hot summer months create extreme fire conditions. Adding to this situation is the dryness and combustibility of many structures during the summer, especially true of structures with wood siding and roofs constructed of wood shakes and shingles. The cyclical uncertainty that allow weather events can cause rapid melting of the snow pack , which causes flood potential in areas surrounding the Mokelumne River. The foggy conditions can inhibit the dispatch and timeliness of emergency equipment reaching the site of a fire. During foggy 15 periods, it is commonplace for visibility to be near zero, which results in emergency equipment having to decrease their speed to less than 25 miles per hour.
(B) Geographic
(1) Conditions
The City of Lodi is subject to ground tremors from seismic events as the County is in seismic Category D. The Mokelumne River, which borders the northern city limits, is subjected to flood potential and its levies are subject to failure from seismic activity or high water.
(2) Impacts
The geologic conditions in San Joaquin County in general, and the City of Lodi, in particular, have the potential of restricting access to structures, especially in remote or isolated areas. A moderate earthquake or extended periods of rain can impact local access roads.
(C) Topographic
(1) Conditions
The City of Lodi consists mainly of the San Joaquin Valley floor. The valley floor is typically flat land area bisected by intermittent and year round stream and r iver systems. Much of the valley floor is irrigated agriculture. Low land areas protected by a complex and extensive levee system characterize the Delta area.
Union Pacific Railroad tracks bisect the eastern and western portions of Lodi , as well as Highway 99, creating traffic congestion and emergency response delays.
(2) Impacts
The valley floor is frequently subject to both general and localized flooding.
Because the area is so flat and low, it is not unusual for local drainage systems to be inadequate during heavy rain periods. This condition can isolate areas where roads are flooded and thereby block access. With the OSHA “two- in two- out” rule requiring two fire fighters ready to make attack only when two others are present, the potential delay in east-west response increases the risk to firefighter and the public.
While it is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the code attempt to reduce the severity and potential loss of life, property , and protection of the environment.
Section 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. No Conflicts . All ordinances or parts of ordinances in conflict herewith are hereby repealed insofar as such conflict may exist.
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 16 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. No Litigation Impact. That nothing in this ordinance or in the California Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 6. Effective Date and Publication. This ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1).
Approved this ___day of _________ 2022
___________________________________
Attest: MARK CHANDLER, Mayor
____________________________________________
OLIVIA NASHED
City Clerk
State of California
County of San Joaquin, ss.
I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2012 was introduced at a regular meeting of the City Council of the City of Lodi held November 16, 2022, and was thereafter passed, adopted , and ordered to print at a regul ar meeting of said Council held ___________, 2022, by the following vote:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
I further certify that Ordinance No. 2012 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law.
_____________________________________________
OLIVIA NASHED
Approved as to Form: City Clerk
_______________________________________________
JANICE D. MAGDICH
City Attorney
AGENDA ITEM I-09
COUNCIL COMMUNICATION
APPROVED
: ________________________________
Stephen Schwabauer, City Manager
AGENDA TITLE: Adopt Ordinance No. 2013 Entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 – Development Code – Article 3, ‘Site Planning and General Development Standards,’ Chapter 17.36, ‘Standards for Specific Land Uses,’ by Adding Section 17.36.160, ‘Two Unit Urban Residential Development,’ and Article 5, ‘Subdivisions,’ by Adding Chapter 17.55, ‘Urban Lot Split,’ and Repeal and Reenact Article 7, ‘Definitions,’ to Add Definitions of ‘Acting in Concert With,’ ‘Car Share,’ ‘Tenant,’ and ‘Two Unit Urban Residential Development’” CEQA Determination: Exempt per Section 15061(b)(3) of the CEQA Guidelines.
MEETI
NG DATE: December 7, 2022
PREP
ARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2013.
BACKGROUND INFORMATION: Ordinance No. 2013 entitled, “An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 17 – Development Code – Article 3, ‘Site Planning and General Development Standards,’ Chapter 17.36, ‘Standards for Specific Land Uses,’ by Adding Section 17.36.160, ‘Two Unit Urban Residential Development,’ and Article 5, ‘Subdivisions,’ by Adding Chapter 17.55, ‘Urban Lot Split,’ and Repeal and Reenact Article 7, ‘Definitions,’ to Add Definitions of ‘Acting in Concert With,’ ‘Car Share,’ ‘Tenant,’ and ‘Two Unit Urban Residential Development,’” was introduced at the regular City Council meeting of November 16, 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.
_______________________________
Oliv
ia Nashed
City Clerk
Attachment
1 ORDINANCE NO. 2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 17 – DEVELOPMENT CODE – ARTICLE 3, “SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS,” CHAPTER
17.36, “STANDARDS FOR SPECIFIC LAND USES,” BY ADDING SECTION
17.36.160, “TWO UNIT URBAN RESIDENTIAL DEVELOPMENT,” AND ARTICLE 5, “SUBDIVISIONS,” BY ADDING CHAPTER 17.55, “URBAN LOT SPLIT,” AND REAPPEAL AND REENACT ARTICLE 7, “DEFINITIONS,” TO ADD DEFINITIONS OF “ACTING IN CONCERT WITH,” “CAR SHARE,” “TENANT,” AND “TWO UNIT URBAN RESIDENTIAL DEVELOPMENT”
========================================================================
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 17 – Development Code – Article 3 “Site Planning and General Development Standards”, Chapter 17.36 “Standards for Specific Land Uses ” is hereby amended by adding Section 17.36.160 “Two Unit Urban Residential Development” as follows:
17.36. 160 – Two Unit Urban Residential Development.
A. Purpose. This Section is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this Section is to establish development standards for development pursuant to SB-9.
B. Term of Effect. This Section is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB 9 remain in effect.
C. Definitions. The following terms used in this section are as defined in Chapter 17.78 of this Code:
1. Car share;
2. Duplex;
3. Tenant; and
4. Two Unit Urban Residential Development.
As used this Section, “dwelling unit” refers to any unit which is not an Accessory Dwelling Unit as defined in this Code.
D. Applicable Zones and Projects. The provisions of this section apply to all lots in the RLD zoning district.
E. Ministerial Approval and Findings. Two Unit Urban Residential Development is subject to staff review and approval only, subject to the objective criteria and standards of this Chapter.
Two Unit Urban Residential Development which meets all the criteria listed in this Section shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:
1. The proposed development would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon
2 public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or
2. The proposed development would not comply with all of the criteria for approval per this Section.
F. Criteria for Approval. A proposed Two Unit Urban Residential Development shall be approved if it meets all the following criteria:
1. The Two Unit Urban Residential Development would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control;
2. The Two Unit Urban Residential Development would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;
3. If any existing dwelling unit(s) is proposed to be demolished, would comply with the replacement housing provisions of Government Code Section 66300(d);
4. The parcel proposed for Two Unit Urban Residential Development is located in the RLD (Low Density Residential) zone;
5. The parcel proposed for Two Unit Urban Residential Development is not located within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a City ordinance;
6. The parcel proposed for Two Unit Urban Residential Development is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted;
7. The parcel proposed for Two Unit Urban Residential Development is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B);
8. The parcel proposed for Two Unit Urban Residential Development is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
9. The parcel proposed for Two Unit Urban Residential Development is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
10. The parcel proposed for Two Unit Urban Residential Development is not located in a special flood hazard area subject to induction by the 1 percent annual chance flood (100- year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:
a. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
3 b. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);
11. The proposed Two Unit Urban Residential Development would not create a nonconforming condition related to the placement of buildings or to any other development standard of this Zoning Code, except as specified in this Chapter;
12. The proposed Two Unit Urban Residential Development would not create an unmitigated adverse impact to the City’s sewer, stormwater, or other infrastructure systems that would violate City standards, policies, or conditions protecting public health and safety;
13. A signed affidavit has been provided in accordance with Section 17.55.110; and
14. The application complies with all provisions of Government Code Section 66411.7.
G. Development Standards. The following development standards shall apply to all Two Unit Urban Residential Development, except to the extent that they would preclude the construction of two (2) dwelling units of at least 800 square feet each. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding the construction of two (2) SB-9 Units of 800 square feet each on each parcel.
Standards for typical residential development are found in Chapter 17.18 of this Code.
Standards for typical Accessory Dwelling Units are found in Section 17.36.130 of this Code.
1. N umber of Dwelling Units Allowed
a. A maximum of two dwelling units may be built on a single lot created using the Urban Lot Split provisions of this Code. Dwelling units and Accessory Dwelling Units both count toward the maximum number of units on lots created using the Urban Lot Split provisions of this Code.
b. A maximum of two dwelling units may be built on a single lot which was not created using the Urban Lot Split provisions of this Code. Only primary dwelling units count toward the maximum number of units on lots which were not created using the Urban Lot Split provisions of this Code.
2. Number of Accessory Dwelling Units Allowed . Accessory dwelling units may be built pursuant to Section 17.36.130 of this Code and in conformance with the maximum number of units specified in this Section.
3. Maximum Floor Area. No maximum floor area is specified by this Section.
4. Height. Maximum height shall be per the RLD zoning district standard for primary structures.
4 5. Setbacks
a. Front yard setback: Per the zoning district setback requirements for a primary structure.
b. Side and rear yard: Four (4) feet, except for an existing structure or structure constructed at the same location and to the same dimensions as an existing structure.
6. Site Coverage. Site coverage and maximum coverage in a front yard area shall be per the standards for the RLD zoning district. Coverage calculations shall include all structures, including all SB-9 Units and all non-habitable accessory structures.
7. Open Space. Ten percent (10%) of the lot shall be dedicated for common open space and shall provide amenities such as but not limited to gardening, outdoor seating or furniture, playground equipment, patio, and/or outdoor grill appliance.
8. Landscaping. Landscaping shall be provided required by the RLD zoning district.
9. Design
a. If a primary dwelling unit exists on the parcel, any new dwelling unit constructed on the parcel pursuant to this section shall use the same architectural style, materials, and colors as the existing unit.
b. All units built on a vacant parcel shall use the same architectural style, materials, and colors.
c. Accessory Dwelling Units shall be designed in conformance with the requirements of this Code for ADUs.
10. Parking. A minimum of one off -street parking space shall be provided for each dwelling unit, unless the following apply, in which case no off-street parking is required:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or b. There is a car share vehicle located within one block of the parcel.
11. Non-Habitable Accessory Structures. Development of non-habitable accessory structures as dwelling units shall be per the standards for accessory structures in the RLD zoning district.
H. Additional Requirements
1. Short-Term Rentals Prohibited
Any dwelling unit or Accessory Dwelling Unit constructed per this Section, if offered for rental, shall be rented for a minimum term of 31 consecutive days and shall not be used for short-term rentals.
2. Building and Safety Regulation
a. The City may deny the construction of dwelling units or Accessory Dwelling Units per this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed dwelling unit(s) would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the
5 physical environment and that there is no feasible method to satisfactorily mitigate or avoid the impact.
b. An application shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet applicable building code standards and are sufficient to allow separate conveyance.
c. Utility connections shall be provided per City standards.
d. All applications shall comply with the City’s standards, policies, or conditions protecting public health and safety of the sewer and stormwater infrastructure systems.
I. Application Requirements. Applications for Two Unit Residential Development shall include:
1. All information required by the Planning Department, as shown on official City application forms;
2. An affidavit shall be filed to verify information regarding the rental or ownership history of any pre-existing dwelling units or Accessory Dwelling Units; and
3. Each applicant for a Two Unit Residential Development shall provide a signed affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the development, unless the applicant is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
SECTION 2. Lodi
Municipal Code Title 17 – Development Code – Article 5 “Subdivisions” is hereby amended by adding Chapter 17.55 “Urban Lot Split” as follows:
Chapter 17.55 – UR BAN LOT SPLIT
17.55.010 - Purpose of Chapter.
17.55.020 - Term of Effect.
17.55.030 - Urban Lot Split Defined.
17.55.040 - Ministerial Approval and Findings.
17.55.050 - Criteria for Approval.
17.55.060 - Urban Lot Split Lot Requirements.
17.55.070 - Development Standards.
17.55.080 - Required Contents for Recorded Title.
17.55.090 - Pre-Existing Nonconforming Zoning Conditions.
17.55.100 - Expiration of Urban Lot Split Subdivisions.
17.55.110 - Application Requirements.
17.55.010 Purpose of Chapter.
This Chapter is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this Chapter is to establish
6 a ministerial objective approval process and special lot design standards for the subdivision of single lots in the RLD zoning district.
17.55.020 Term of Effect.
This Chapter is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB-9 remain in effect.
17.55.030 Urban Lot Split Defined.
An Urban Lot Split is the subdivision of a single- family residential lot into two parcels that meets the requirements of this Chapter. An Urban Lot Split differs from other subdivisions only in the standards which apply to the lots created, the criteria which must be met, and the ministerial approval process which applies to this type of subdivision.
17.55.040 Ministerial Approval and Findings.
An Urban Lot Split is subject to staff review and approval only, subject to the objective criteria and standards of this Chapter.
An Urban Lot Split that meets all of the criteria listed below shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:
A. The proposed urban lot split would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or
B. The proposed urban lot split would not comply with all of the criteria for approval per this Chapter.
17.55.050 Criteria for Approval.
Proposed Urban Lot Splits shall comply with all of the following:
A. The Urban Lot Split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; B. The Urban Lot Split would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;
C. If any existing dwelling unit(s) is proposed to be demolished, the proposal would comply with the replacement housing provisions of Government Code Section 66300(d); D. The parcel proposed for an Urban Lot Split is located in the RLD (Low Density Residential) zone;
E. The parcel proposed for an Urban Lot Split is not located within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance;
7 F. The parcel proposed for an Urban Lot Split is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted;
G. The parcel proposed for an Urban Lot Split was not previously created through a prior Urban Lot Split;
H. The parcel proposed for an Urban Lot Split is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B); I. The parcel proposed for an Urban Lot Split is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993); J. The parcel proposed for an Urban Lot Split is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
K. The parcel proposed for an Urban Lot Split is not located in a special flood hazard area subject to induction by the 1 percent annual chance flood (100- year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:
1. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);
L. The Urban Lot Split would not create a nonconforming condition related to the placement of buildings or to any other development standard of this Zoning Code, except as specified in this Chapter;
M. The Urban Lot Split would not create an unmitigated adverse impact to the City’s sewer or stormwater infrastructure systems that would violate City standards, policies, or conditions protecting public health and safety;
N. A signed affidavit has been provided in accordance with Section 17.55.110; O. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using the Urban Lot Split process ; and
P. The application complies with all provisions of Government Code Section 66411.7.
17.55.060 Urban Lot Split Lot Requirements.
The following requirements apply to all lots created using the Urban Lot Split process, except to the extent that they would preclude the construction of two (2) SB -9 Units (as the term is defined in Section 17.36.160 of this Code) of at least 800 square feet each. Any modifications of these requirements shall be the minimum modification necessary to avoid physically precluding the construction of two (2) SB-9 Units of 800 square feet each on each parcel.
8 A. Lot Requirements:
1. Each lot shall have street frontage on or access to a public right of way as required by the Public Works Department.
2. Lot width shall be per the RLD zoning district.
3. Lots created per this Chapter are not required to have a minimum depth, provided that the minimum lot size stated below is maintained.
4. Lot size:
a. Each parcel created by an Urban Lot Split shall be at least 40 percent of the size the original parcel or 1,200 square feet, whichever is greater.
b. The sub divider shall demonstrate that the proposed lots are capable of accommodating at least two units of 800 square feet each in conformance with the applicable setbacks and height limits of this Code.
5. Utilities:
a. Each parcel created by an Urban Lot Split shall have water, sewer, storm drain, gas and electric utility service that comply with City standards. b. The sub divider shall be responsible to install connections to City facilities in accordance with City standards.
c. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving, or shall be located within a utility easement. d. Unused connections shall be abandoned per City standard.
17.55.070 Development Standards.
Development standards for parcels created pursuant to this Chapter are provided in Section
17.36.160 of this Code.
17.55.080 Required Contents for Recorded Title.
The recorded title for any lot or parcel created pursuant to this Chapter shall include the following:
A. That the Urban Lot Split provisions of this Chapter were used to approve the subdivision and may not be used to further subdivide the lot or parcel; B. The signed affidavit required per Section 17.55.110; C. A rental of any unit created on the lot or parcel shall be for a minimum term of 31 consecutive days, and the unit shall not be used for short-term rentals; and D. Uses on the lot or parcel shall be limited to residential uses.
17.55.090 Pre-Existing Nonconforming Zoning Conditions.
Approval of an application for the Urban Lot Split shall not be contingent upon the correction of a non-conforming zoning condition which existed at the time the application was filed.
9 17.55.100 Expiration of Urban Lot Split Subdivisions.
The expiration of tentative maps created per this Chapter shall be the same as for a standard tentative map as specified in Section 17.52.130 of the Lodi Municipal Code.
17.55.110 Application Requirements.
Applications for Urban Lot Splits shall include:
A. All information required by the Public Works Department, as shown on official City application forms.
B. Each applicant for an Urban Lot Split shall provide a signed affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the Urban Lot Split, unless the applicant is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
SECTION 3. Lodi
Municipal Code Title 17 – Development Code – Article 7 “Definitions” is hereby repealed and reenacted as follows:
ARTICLE 7. - DEFINITIONS
Chapter 17.78 - DEFINITIONS
17.78.010 - Purpose of Article.
17.78.020 - Definitions of Specialized Terms and Phrases.
17.78.010 - Purpose of Article.
This Article provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Article, or in
other provisions of the Development Code, the most common dictionary definition is presumed to be correct.
17.78.020 - Definitions of Specialized Terms and Phrases.
As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.
A. Definitions, "A."
“ACE” U.S. Army Corps of Engineers, the federal agency responsible for issuing wetlands delineations.
“Accessory Dwelling Units ” A second permanent dwelling that is accessory to a primary dwelling on the same site. An accessory dwelling unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking.
10 “Accessory Residential Uses and Structures” Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:
Garages;
Gazebos;
Greenhouses;
Spas and hot tubs;
Storage sheds;
Studios;
Swimming pools;
Tennis and other on-site sport courts;
Workshops.
Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: accessory dwelling units, which are separately defined, or home satellite dish and other receiving antennas for earth - based TV and radio broadcasts (see “Telecommunications Facilities”).
“Accessory Retail Uses” The retail sales of various products (including food) and/or the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.
“Accessory Structure” A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Development Code, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; hot tubs, Jacuzzis, spas, and swimming pools, together with any enclosures; and any other open air enclosures, including gazebos and detached patio covers.
“Accessory Use” A use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.
“Acting in Concert With” A person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.