HomeMy WebLinkAboutAgenda Report - July 6, 2005 L-01AGENDA ITEM L-01
• CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Ordinance No. 1762 entitled, "An Ordinance of the City Council of the City of Lodi
Amending Title 2, 'Administration and Personnel,' of the Lodi Municipal Code by
Adding Chapter 2.13 and 2.14 Relating to the City Clerk and City Attorney"
MEETING DATE: July 6, 2005
PREPARED BY: City Clerk
RECOIIrfNENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1762.
BACKGGOUND INFORMATION: Ordinance No. 1762 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Title 2, 'Administration and Personnel,' of
the Lodi Municipal Code by Adding Chapter 2.13 and 2.14 Relating
to the City Clerk and City Attorney" was introduced at the regular
City Council meeting of June 15, 2005.
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 § 36534.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 35937.
This ordinance has been approved as to form by the City Attorney.
FISCAL WPACT:
FUNDING AVAILABLE:
SJB/JMP
Attachment
coundkouncom/Ordinances .doo
None.
None required.
Susan J. Blackst
City Clerk
APPROVED: lam^
Blair King, City Manager
ORDINANCE NO. 1762
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING TITLE 2, "ADMINISTRATION AND PERSONNEL," OF
THE LODI MUNICIPAL CODE BY ADDING CHAPTERS 2.13 AND
2.14 RELATING TO THE CITY CLERK AND CITY ATTORNEY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Title 2, "Administration and Personnel," of the Lodi Municipal Code
is hereby amended by adding thereto Chapter 2.13 relating to the City Clerk and shall
read as follows:
CHAPTER 2.13 - CITY CLERK
The City Clerk shall be appointed by the City Council. The City Council shall prescribe
the qualifications, additional duties, and compensation of the City Clerk. The City Clerk
shall report his or her advice, recommendations, and requests directly to the City
Council. The City Clerk is the custodian of the city seal and shall perform the functions
and duties of the City Clerk as specified in California Government Code §40801 et seq.
and other state and local statutes.
SECTION 2. Title 2, "Administration and Personnel," of the Lodi Municipal Code
is hereby amended by adding thereto Chapter 2.14 relating to the City Attorney and shall
read as follows:
CHAPTER 2.14 - CITY ATTORNEY
The City Attorney shall be appointed by the City Council and shall serve as legal counsel
to the City government and all officers, departments, boards, commissions, and
agencies thereof and shall have such other powers and duties as may be prescribed by
state law and by ordinance or resolution of the City Council. In situations where the City
Attorney determines there is a conflict in representation by that office, the City Council
may authorize the retention of other legal counsel to represent one of the conflicting
parties. The City Attorney shall report his or her advice, recommendations, and requests
directly to the City Council.
SECTION 3 - No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care 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 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published one time in the "Lodi News Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi, and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this 6'h day of July, 2005.
*hA.
KMAN
y
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1762 was introduced at a regular meeting of the City Council of the City
of Lodi held June 15, 2005, and was thereafter passed, adopted, and ordered to print at
a regular meeting of said Council held July 6, 2005, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson,
Mounce, and Mayor Beckman
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1762 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney
2
SUSAN J. BLACKSTON
City Clerk