HomeMy WebLinkAboutAgenda Report - June 1, 2016 J-02TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
AGENDA ITEM J-02
Ordinance No. 1921 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Chapter 1.08 — General Penalty — by Repealing and
Re -Enacting Section 1.08.010 (A), `General Penalty"
MEETING DATE: June 1, 2016
PREPARED BY: City Clerk
RECOMMENDED ACTION:
BACKGROUND INFORMATION:
Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1921.
Ordinance No. 1921 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Chapter 1.08 — General Penalty —
by Repealing and Re -Enacting Section 1.08.010 (A), `General
Penalty,'" was introduced at the regular City Council meeting of
May 18, 2016.
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.
JMF/PMF
Attachment
nifer M.
y Clerk
erraiolo
APPROVED:
740. Aa qi-
11,00101118
N:\Administration\CLERK\Council\COUNCOM\Ordinance2.DOC
ity Manager
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).
ATTEST:
Jnr .re AA ,
NIFER .\FERRAIOLO.
ity Clerk
Approved this 1st day of June, 2016
DOUG KU, NE
Mayor Pro Tempore
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 June 1, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and
Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
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
NIFER
ity Clerk
FERRAIOLO
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
C/nt.=j2444e;0
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 q!,nb (time) on 5114 b (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.
Pamela M. Farris
Deputy City Clerk
ordsummaries\aaDecPost. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
Administrative Clerk
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. u '
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
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, JUNE 4, 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, JUNE 2, 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 9 (time) on (9/..9/a) (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) PMF ES (initia4s)
N:\Administration\CLERK\OrdS ummaries\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. Adopted June 1, 2016, and effective July 1, 2016.
AYES: Johnson, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Chandler.
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. Adopted
June 1, 2016, and effective July 1, 2016. AYES: Johnson, Kuehne, Mounce, and Nakanishi;
NOES: None; ABSENT: Mayor Chandler.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
June 1, 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, June 2, 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 June 2, 2016, at Lodi, California.
Pamela M. Farris
Deputy City Clerk Administrative Clerk
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elizabeth Burgos
ord sum mari es\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 1st day of June, 2016
DOUG KUEHNE
Mayor Pro Tempore
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 June 1, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and
Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
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