HomeMy WebLinkAboutAgenda Report - July 6, 2016 C-17TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM Coil
AGENDA TITLE: Adopt Resolution Rescinding Resolution 2002-161 in Its Entirety, Which
Establishes a $100 Deposit for Posting of Temporary Political Signs
MEETING DATE: July 6, 2016
PREPARED BY: City Clerk
RECOMMENDED ACTION:
Adopt resolution rescinding Resolution 2002-161 in its entirety,
which establishes a $100 deposit for posting of temporary political
signs.
BACKGROUND INFORMATION: At the Council meeting of June 15, 2016, Council introduced an
ordinance to repeal Lodi Municipal Code Chapter 9.19 — Political
Sign Regulations — in its entirety in light of the United States
Supreme Court case of Reed v. Town of Gilbert, Ariz. The Court held that all temporary signs, including
temporary election signs, must be regulated uniformly and that content -based regulations violate the First
Amendment right to free speech. In addition, Council adopted an ordinance regulating all temporary signs
under Chapter 17.34 of the development code.
Resolution 2002-161 (attached as Exhibit A), requiring a $100 deposit for posting of temporary political
signs, was adopted to ensure City staff time and effort is covered when summary abatement is necessary
to remove illegally posted signs. The repeal of the political sign ordinance requires an amendment to the
resolution to change the language from "temporary political signs" to "temporary signs"; however, the
administrative effort to monitor the collection and return of deposits for every temporary sign erected
throughout the community would be overwhelming. Therefore, it is recommended that Council adopt the
attached resolution rescinding Resolution 2002-161 in its entirety and eliminate the $100 deposit.
FISCAL IMPACT:
Minimal impact. Since 2002, only one or two deposits have been retained
for summary abatement of illegally posted temporary political signs. It
would likely cost more in staff time to monitor the collection and return of
deposits for all temporary signs.
FUNDING AVAILABLE: Not applicable.
JMF/pf
Attachments
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J - fifer M. raiolo
City Clerk
APPROVED:
gt- p en Schh a = uer, City Manager
RESOLUTION NO. 2016-121
A RESOLUTION OF THE LODI CITY COUNCIL
RESCINDING RESOLUTION NO. 2002-161,
THEREBY ELIMINATING THE $100 CASH
DEPOSIT FOR POSTING OF TEMPORARY
POLITICAL SIGNS
WHEREAS, the City Council approved a cash deposit of $100 for the posting of
temporary political signs on July 17, 2002, by adopting Resolution No. 2002-161; and
WHEREAS, Lodi Municipal Code Chapter 9.19 — Political Sign Regulations —
was repealed in its entirety by the City Council in light of the United States Supreme
Court case of Reed v. Town of Gilbert, Ariz. that held that all temporary signs, including
temporary election signs, must be regulated uniformly and that content -based
regulations violate the First Amendment right to free speech; and
WHEREAS, Council further adopted an ordinance regulating all temporary signs
under Chapter 17.34 of the development code, thereby requiring an amendment to the
resolution requiring the deposit. Because the administrative effort to monitor the
collection and return of deposits for every temporary sign erected throughout the
community would be overwhelming, it is recommended that the requirement be
eliminated and Resolution No. 2002-161 be rescinded.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi
does hereby rescind Resolution No. 2002-161, thereby eliminating the $100 cash
deposit for posting of temporary political signs.
Dated: July 6, 2016
I hereby certify that Resolution No. 2016-121 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held July 6, 2016, by the following
votes:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi,
and Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NNIFE M. FERRAIOLO
City Clerk
2016-121