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HomeMy WebLinkAboutAgenda Report - May 18, 2016 I-04CITY OF LODI COUNCIL COMMUNICATION TM AGENDA ITEM I4 AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 1.08 — General Penalty, by Repealing and Reenacting Section 1.08.010 (A) "General Penalty" MEETING DATE: May 18, 2016 PREPARED BY: City Attorney RECOMMENDED ACTION Introduce Ordinance Amending Lodi Municipal Code Chapter 1.08 — General Penalty, by Repealing and Reenacting Section 1.08.010 (A) "General Penalty" BACKGROUND INFORMATION: The San Joaquin County Superior Court recently upgraded the court's computer system, and as part of that process has reviewed the Lodi Municipal Code (LMC) in relation to the authority of the City Attorney to downgrade violations classified as misdemeanors to infractions. Currently, LMC section 1.08.010(A) reads. . ."any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code or the ordinances of the City is guilty of a misdemeanor, unless the violation is made an infraction by ordinance." In the prosecution of LMC violations there are circumstances that warrant the exercise of prosecutorial discretion by the City Attorney or the Deputy City Attorney; for example, in the instance of a defendant charged with a Penal Code violation and LMC violation we may determine to downgrade the LMC violation from a misdemeanor to an infraction, or dismiss the charge, in order to obtain a plea by the defendant on the Penal Code violation. In addition, facts and circumstances may warrant that a misdemeanor charge under the LMC be reduced to an infraction. The City Attorney's office has historically exercised prosecutorial discretion in this regard and in light of the request by the court asks that council memorialize that discretion in the LMC so that it may be recognized by the court. Staff therefore recommends amending Lodi Municipal Code section 1.08.010(A) to give the City Attorney prosecutorial discretion to downgrade LMC misdemeanor violations to infractions if the change is deemed appropriate in the interests of justice. FISCAL IMPACT: Not applicable. FUNDING: Not applicable. APPROVED: `Janice-rX Magdich City Attorney StepTien Schwabatte , City Manager ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 1.08 — GENERAL PENALTY — BY REPEALING AND REENACTING SECTION 1.08.010 (A), GENERAL PENALTY" BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 1.08 — General Penalty — is hereby amended by repealing and reenacting Section 1.08.010 (A), "General Penalty, " and shall read as follows: A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code or the ordinances of the city is guilty of a misdemeanor, unless the violation is made an infraction by ordinance7, or at the discretion of the prosecuting attorney. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this day of , 2016 MARK CHANDLER Mayor ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — !further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1920, 1921 PUBLISH DATE: SATURDAY, MAY 21, 2016 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 19, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at f b (time) on7I icli f l an (date) (pages) LNS Phoned to confirm receipt of all pages at (time) P F _ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1920 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.40 — PERMIT APPROVAL OR DISAPPROVAL — BY REPEALING AND REENACTING SECTION 17.40.020 (B) APPLICABILITY TABLE 42 FOR SITE PLAN AND ARCHITECTURAL APPROVAL. The purpose of this ordinance is to modify the City's current Zoning Code to require design review by the Site Plan and Architectural Review Committee of multi -family structures in the Medium Density Residential and High Density Residential zoning designations. Introduced May 18, 2016. Adoption to be considered June 1, 2016. AYES: Johnson, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Kuehne. ORDINANCE NO. 1921 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 1.08 — GENERAL PENALTY — BY REPEALING AND REENACTING SECTION 1.08.010 (A), "GENERAL PENALTY." The purpose of this ordinance is to give the City Attorney prosecutorial discretion to downgrade Lodi Municipal Code violations to infractions if the change is deemed appropriate in the interests of justice. Introduced May 18, 2016. Adoption to be considered June 1, 2016. AYES: Johnson, Mounce, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Kuehne. Jennifer M. Ferraiolo, City Clerk City of Lodi May 18, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1921 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 1.08 — GENERAL PENALTY — BY REPEALING AND REENACTING SECTION 1.08.010 (A), "GENERAL PENALTY" On Thursday, May 19, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1921 (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 May 19, 2016, at Lodi, California. ORDERED BY JENNIFER M. FERRAIOLO CITY CLERK Z2 l '/L &ice Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk ordsummaries\aaDecPost.doc ORDINANCE NO. 1921 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 1.08 — GENERAL PENALTY — BY REPEALING AND REENACTING SECTION 1.08.010 (A), "GENERAL PENALTY" BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS SECTION 1. Lodi Municipal Code Chapter 1.08 — General Penalty — is hereby amended by repealing and reenacting Section 1.08.010 (A), "General Penalty," and shall read as follows: A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this code or the ordinances of the city is guilty of a misdemeanor, unless the violation is made an infraction by ordinance, or at the discretion of the prosecuting attorney. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this day of , 2016 MARK CHANDLER Mayor ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1921 was introduced at a regular meeting of the City Council of the City of Lodi held May 18, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1921 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk