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Home My WebLink AboutAgenda Report - September 3, 2014 J-01AGENDA ITEM J-OI Crrv or Loor CouNcrr-, CovrMUNrcATIoN TM AGENDA TITLE: MEETING DATE: September 3,2014 PREPARED BY: City Clerk Ordinance No. 1897 Entitled, "An Ordinance of the Lodi City CouncilAmending Lodi Municipal Code Chapter 212 - City Manager - by Repealing and Reenacting Section 212.040, 'Bond,'in lts Entirety" RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1897. BACKGROUND I N FORMATION Ordinance No. 1897 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 2.12- City Manager- by Repealing and Reenacting Section2.12.040, 'Bond,' in lts Entirety," was introduced at the regular City Council meeting of August 20, 2014. 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. ld. 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 S 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 None FUND¡NG AVAILABLE: None required ifer M tson Clerk JMR Attechment APPROVED N :\Administration\CLERK\Council\COUNCOM\Ordinance 1 . DOC , City Manager ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL COEE CHAPTER 2.12' "CITY MANAGER,' BY REPEALING AND REENACTING SECTION 2.12.040, 'BOND,'' IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Section 2.12.040, "Bond," is hereby repealed and reenacted and shall read as follows: The City Manager shall furnish a fidelity bond to be approved by the City Council in suctr sum as may be determined by the City Council from time to time by Resolution. Section 2. No Mandatorv Dutv of Care. This ordinance is not intended to and shall ctinamannerwhichimposesupontheCity,oranyofficer or employee thereof, a mandatory duty of care towards persons or property within the City oi outside of the City so as to provide a basis of civil liability for damages, except as othenruise imposed by law. Section 3. Severabilitv. lf 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 þrovision or appíication. To this end, the provisions of this ordinance are severable. The bity Coun"il 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 S. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force'and takeèffect October 3,2014, which date is at least 30 days after the passage of this ordinance. Approved this 3'd day of September,2014 PHIL KAT Mayor KIAN Attest: IF 1 City Clerk M. ROBISON State of California CountY of San Joaquin, ss. I-Jennjfer M: Robison; Gity Glerk of the Gity of Eodi, do hereby eertify that Ordinance No. 1897 was introduced at a regular meeting of the City Council of the City of Lodi held Augusl20, 2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 3, 2014, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Nakanishi, and Mayor Katzakian NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Hansen and Mounce ABSTAIN: COUNCIL MEMBERS - None lfurther certify that Ordinance No. 1897 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. NIFER Clerk ROBISON Approved as to Form: Lodi City Attorney's Office JANI D. MAGDICH City Attorney 2 Pleøse immediutely conJirm receipt 3 3 3-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 9524T-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. I896 & I897 PUBLISH DATE:SATURDAY, AUGUST 23, 201 4 SUBJEGT: LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO LNS ACCT. #O5IOO52 JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: ORDERED BY IFER CLER f-. THURSDAY, AUGUST 21, 2014 JENNIFER M. ROBISON CITY CLERK N,C c ELENA STODDARD ADMINISTRATIVE CLERK J c Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT, THANK YOA!! Faxed to the Sentinel at 369-1084 at LNS of all on atPhoned to confirm N :\Adrninistration\CLEIìK\OrdSummariss\Advins.doc GITY OF LODI ORDINANCE NO. I896 AN ORDINANCE OF TFIE LODI CITY COUNCIL AMENDING LOÞI MUNICIPAL EOÞE GHAPTER 17.52, "TENTATIVE MAP FILING AND PROCESSING," BY REPEALING AND REENACTING SECTION 17.52.120 (BXr), fÍAPPLICATION CONTENT," RELATTNG TO VESTING TENTATIVE MAPS. The purpose of this ordinance is to require additional information be provided for projects requesting a vesting tentative map in order to determine impacts to City infrastructure and services, as well as requiring the inclusion of construction plans. lntroduced August 6, 2Q14; adopted August 20,2014; and effective September 19, 2014. AYES: Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian; NOES: None. ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE GHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION Z.12.O4O,,,BOND," lN ITS ENTIRETY. The purpose of this ordinance is to amend the Lodi Municipal Code chapter relating to bonds by replacing the term "surety company bond" with "fidelity bond" to more accurately reflect insurance industry terminology. lntroduced August 20, 2014. AYES: Hansen, Johnson, Moun Adootion wi be considered Septe 3 2014 ce, Nakanishi, and Mayor Katzakian; NOES: None. Jennifer M. Robison, City Clerk City of Lodi August 21,2014 Certified copies of the full text of these ordinances are ãvailable in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE GHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.040, "BOND," lN ITS ENTIRETY On Thursday, August 21,2014, in the City of Lodi, San Joaquin County, California, a certified copy of a Ordinance No. 1897 (attached hereto, marked Exhibit "A"), was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 21,2014, at Lodi, California. ORDERED BY JENNIFER M. ROBISON CITY CLERK ^ nnifer ison, CMC ity Clerk Elena Stoddard Administrative Clerk ordsummaries\aadecpost2.doc ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.12, "CITY MANAGER,' BY REPEALING AND REENACTING SECTION 2,12.040, 'BOND,'IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODIAS FOLLOWS Section 1. Lodi Municipal Code Section 2.12.040, "Borìd," is hereby repealed and reenacted and shall read as follows: The City Manager shall furnish a fidelity bond to be approved by the City Council in such sum as may be determined by the City Council from time to time by Resolution. Section 2. No Mandatorv Dutv 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 othenruise imposed by law. Section 3. Severabilitv. lf 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. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect October 3,2014, which date is at least 30 days after the passage of this ordinance, Approved this 3'd day of September,2Ol4 PHIL KATZAKIAN Mayor Attest JENNIFER M. ROBISON City Clerk 1 State of California County of San Joaquin, ss l, Jennifàr u. Ro6¡éon, City elGik of the eiÛ of, todi, do he-eby cèTtiry thãt OrdinanceNo. lSgTwasintroducedataregularmeetingof theCityCouncil of theCity of Lodi held August 20, 201{ and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 3, 2014, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - I further certify that Ordinance No. 1897 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved as to Form: Lodi City Attorney's Office By: JANICE D. MAGDICH City Attorney 2 @ Pleøse ìmmedíøtely contirm receipt of thìs "fax by eølling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9IO ADVERTISING INSTRUCTIONS SUBJEGT: PUBLISH DATE: SUMMARY OF ORDINANCE NO. I897 SATURDAY, SEPTEMBER 6, 2OI4 LEGAL AD TEAR SHEETS WANTED: One (I) please SEND AFFIDAVIT AND BILL TO LNS ACCT. #O5{OO52 DATED: ORDERED BY THURSDAY, SEPTEMBER 4, 201 4 JENNIFER M. ROBISON CITY GLERK JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ELENA STODDARD ADMINISTRATIVE CLERK - N, CMC CLE Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT, THANK YOUI! Faxed to the Sentinel at 369-1084 at of all on LNS atPhoned to confirm itials) N:\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORD¡NANCE NO. I897 AN ORDINANCE OF TI-IE LODI CITY COUNCIL AMENDING LODI II'IUNICIPAL CODE CHAPTER 2.12, "CITY MANAGER,'' BY REPEALING AND REENACTING SECTION 2.12.040, "BOND," lN ITS ENTIRETY. The purpose of this ordinance is to amend the Lodi Municipal Code chapter relating to bonds by replacing the term "surety company bond" with "fidelity bond" to more accurately reflect insurance industry terminology. lntroduced August 20, 2014; adopted September 3,2014; and effective October 3,2014. AYES: Johnson, Nakanishi, and Mayor Katzakian; NOES: None; ABSENT: Hansen and Mounce. Jennifer M. Robison, City Clerk City of Lodi September 4,2014 A certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. I897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE GHAPTER 2.12, "CtTy MANAGER," By REPEAL|NG AND REENACTTNG SECTTON 2.12.040, "BOND," lN ITS ENT¡RETY On Thursday, September 4,2014, in the City of Lodi, San Joaquin County, California, a certified copy of a Ordinance No. 1897 (attached hereto, marked Exhibit "A"), was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 4,2014, at Lodi, California. ORDERED BY JENN¡FER M. ROBISON C¡TY CLERK ifer M lson,MC Elena Stoddard Administrative ClerkClerk ordsummaries\aadecpost2.doc ORDINANCE NO. 1897 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE C]IAPTER 2.12,.CITY MANAGER,' BY REPEALING AND REENACTING SECTION 2.12.040, "BOND,'IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Section 2.12.040, "Bond," is hereby repealed and reenacted and shall read as follows: The City Manager shall furnish a fidelity bond to be approved by the City Council in such sum as may be determined by the City Council from time to time by Resolution. Section 2. No Mandatorv Dutv 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 othenruise imposed by law. Section 3. Severability,lf 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. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect October 3,2014, which date is at least 30 days after the passage of this ordinance. Approved this 3'd day of September,2Ol4 PHIL KATZAKIAN Mayor Attest JENNIFER M. ROBISON City Clerk I State of California County of San Joaquin, ss. l, Jenñifel M. RobiSoñ, City Clêrk of the City of Lodi, do herebl certify that Ordinance No. 1897 was introduced at a regular meeting of the City Council of the City of Lodi held August20,2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 3, 2014, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Nakanishi, and Mayor Katzakian NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Hansen and Mounce ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1897 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved as to Form: Lodi City Attorney's Office By JANICE D. MAGDICH City Attorney 2