HomeMy WebLinkAboutAgenda Report - August 1, 2018 I-01TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM 1-01
AGENDA TITLE: Ordinance No. 1955 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Title 2 — Administration and Personnel — by Repealing and
Re -Enacting Section 2.12.110, 'Legislative Power of Council, Library Jurisdiction,'
in Its Entirety; Repealing and Re -Enacting Section 2.44.040, 'Appointing
Authorities,' in Its Entirety; and Further Enacting Chapter 2.38, 'Board of Library
Trustees"
MEETING DATE: August 1, 2018
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1955.
BACKGROUND INFORMATION: Ordinance No. 1955 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Title 2 — Administration and Personnel — by
Repealing and Re -Enacting Section 2.12.110, 'Legislative Power of
Council, Library Jurisdiction,' in Its Entirety; Repealing and Re -Enacting Section 2.44.040, 'Appointing Authorities,'
in Its Entirety; and Further Enacting Chapter 2.38, 'Board of Library Trustees,' was introduced at the regular
City Council meeting of July 18, 2018.
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 ML` erraiolo
ity Clerk
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N:\Administration\CLERK\Council\COUNCOM\Ordinancel .DOC
ORDINANCE NO. 1955
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND
PERSONNEL — BY REPEALING AND RE-ENACTING
SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL,
LIBRARY JURISDICTION," IN ITS ENTIRETY; REPEALING AND
RE-ENACTING SECTION 2.44.040, "APPOINTING
AUTHORITIES," IN ITS ENTIRETY; AND FURTHER ENACTING
CHAPTER 2.38, "BOARD OF LIBRARY TRUSTEES"
Section 1. Lodi Municipal Code Title 2 — Administration and Personnel —
Chapter 2.12, "City Manager," Section 2.12.110, "Legislative Powers of Council — Library
Jurisdiction," is hereby repealed in its entirety and re-enacted to read as follows:
2.12.110 Legislative powers of council — Library jurisdiction.
A. There is retained to the city council the sole power of being the policy
making and legislative body for the city, and the duties and powers of the city
manager are expressly confined to the administration service of the city.
B. The city manager shall have no power to administer the affairs of the city library nor
shall he have any control or direction over the board of trustees or the library. However,
the city manager shall exercise direction over the library director's employment
practices.
Section 2. Lodi Municipal Code Title 2 — Administration and Personnel —
Chapter 2.44, "Personnel System," Section 2.44.040, "Appointing Authorities," is hereby
repealed in its entirety and re-enacted to read as follows:
2.44.040 Appointing authorities.
The appointing authorities are the city council, in the case of the city manager,
city attorney, city clerk and city treasurer; the library board, in the case of the
library director; and the city manager, for all other employees. These appointing
authorities, in whom is vested by law the power to make appointments, transfers,
promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss
employees, shall retain such power, subject to the provisions of this chapter and
the rules established under this chapter. In addition the city manager shall have
the authority to discipline or dismiss the library director based on employment
practices.
Section 3. Lodi Municipal Code Chapter 2.38 "Board of Library Trustees" is hereby
added to Title 2 "Administration and Personnel" and enacted to read as follows:
///
1
CHAPTER 2.38
Board of Library Trustees
2.38.010 — Creation
Pursuant to authority of Education Code Section 18900, et seq., as amended from time
to time, there is created a city library board of trustees.
2.38.020 — Appointment of board of trustees
The public library shall be managed by a board of library trustees, consisting of five
members, to be appointed by the mayor with the consent of the city council.
2.38.030 — Term of office and compensation
Each trustee shall hold office for three years beginning July 1st and ending on
June 30th, or when a trustee's successor is appointed and qualified, whichever occurs
last. The members of the first board so appointed shall so classify themselves by lot that
one of their number shall go out [of] office at the end of the current fiscal year, two at the
end of one year thereafter, and three at the end of two years thereafter. Each trustee
shall serve without compensation unless the city council, by ordinance, otherwise
provides for compensation which shall not exceed fifty dollars per month.
2.38.40 — Termination for absences
A. The appointment of any trustee absent from three consecutive regular or special
meetings without approval of the library board of trustees, confirmed by majority
vote of the board, shall be terminated and the city clerk notified thereof.
B. The city clerk then shall notify any member whose appointment has been
terminated and report to the city council that a vacancy exists on said board and
that an appointment should be made for the unexpired term.
C. A trustee may be granted a leave of absence by the city council, and a temporary
vacancy shall thereupon exist for the period of such leave of absence. During the
period of such temporary vacancy, the council may fill such vacancy by a
temporary appointment to said board, provided, however, that the period of such
temporary appointment shall not exceed the period of the temporary vacancy. At
the expiration of a leave of absence so granted, the member shall automatically
resume full and permanent membership on said board.
2.38.050 — Vacancies
Vacancies shall be filled by appointment by the mayor with the consent of the city
council for the unexpired term in the same manner as the original appointments are
made.
2.38.060 — Monthly meetings
The board of library trustees shall meet at least once a month at such times and places
as may be fixed by resolution.
2
2.38.070 — Special meetings
Special meetings may be called by the chair or by a majority of the trustees, the city
manager, and/or the city council provided written notice is given 48 hours in advance of
the special meeting to the following: each trustee, the city manager, and anyone filing
written request for notice with the city clerk. Notice of meetings shall comply in all
respects with Section 54950 et seq., of the Government Code, known commonly as the
Ralph M. Brown Act, and include posting on the library website.
2.38.080 — Quorum
A majority of the board shall constitute a quorum for the transaction of business.
2.38.090 — President and chairperson per tern
The board shall appoint one of its number president, who shall serve for one year and
until his successor is appointed, and in his absence shall select a chairperson pro tern.
2.38.100 — Record of proceedings
The board shall cause a proper record of its proceedings to be kept.
2.38.110 — Rules, regulations and by-laws
Pursuant to the provisions of Education Code Section 18900, et seq., as amended from
time to time, the board of library trustees may make and enforce all rules, regulations,
and by-laws necessary for the administration, government, and protection of the libraries
under its management, and all property belonging thereto.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 5. 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 6. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
Section 7. Effective Date. This ordinance shall be published pursuant to law and shall
become effective 30 days from the date of passage and adoption.
3
ATTEST:
irA ,,
NIFERFER
ity Clerk
AIOLO
Approved this 1st day of August, 2018
0)
ALAN NAKANISHI
Mayor
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. 1955 was introduced at a regular meeting of the City Council of the City
of Lodi on July 18, 2018, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held August 1, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1955 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
4
NIFER N FERRAIOLO
ity 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. 1955 AND 1956
PUBLISH DATE: SATURDAY, AUGUST 4, 2018
LEGAL AD
TEAR SHEETS WANTED: One CO 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, AUGUST 2, 2018
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 classified1@lodinews.com at (time) on (date)
LNS Phoned to confirm receipt of all pages at (time) PMF ES (initials)
N:\Administration\CLERK\OrdS ummaries\Advins. doc
CITY OF LODI
ORDINANCE NO. 1955
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 2 — ADMINISTRATION AND PERSONNEL, — BY REPEALING AND RE-ENACTING
SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL, LIBRARY JURISDICTION," IN
ITS ENTIRETY; REPEALING AND RE-ENACTING SECTION 2.44.040, "APPOINTING
AUTHORITIES," IN ITS ENTIRETY; AND FURTHER ENACTING CHAPTER 2.38, "BOARD
OF LIBRARY TRUSTEES". The purpose of this ordinance is to clean up outdated language by
placing all library employees other than the director under the City Manager's ultimate
supervision and authorizing the City Manager to take disciplinary action against the Library
Director for improper employment practices, and to codify the establishment of the Board of
Library Trustees, its members, terms, and duties. Introduced July 18, 2018. Adopted
August 1, 2018, and effective August 31, 2018. AYES: Chandler, Kuehne, Mounce, and
Mayor Nakanishi; NOES: None; ABSENT: Johnson.
ORDINANCE NO. 1956
AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND
APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 7). The purpose
of this ordinance is to levy and apportion the special tax within the territory annexed into the
Community Facilities District No. 2007-1 (Public Services) as Annexation No. 7. Introduced
August 1, 2018. Adoption to be considered September 19, 2018. AYES: Chandler, Johnson,
Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: None.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
August 1, 2018
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1955
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND
RE-ENACTING SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL, LIBRARY
JURISDICTION," IN ITS ENTIRETY; REPEALING AND RE-ENACTING
SECTION 2.44.040, "APPOINTING AUTHORITIES," IN ITS ENTIRETY; AND FURTHER
ENACTING CHAPTER 2.38, "BOARD OF LIBRARY TRUSTEES".
On Thursday, August 2, 2018, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1955 (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 2, 2018, at Lodi, California.
s Aim 1 „!
Pamela M Farris Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
ordsummaries\aaDecPost.doc
JExii
A
ORDINANCE NO. 1955
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND
PERSONNEL — BY REPEALING AND RE-ENACTING
SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL,
LIBRARY JURISDICTION," IN ITS ENTIRETY; REPEALING AND
RE-ENACTING SECTION 2.44.040, "APPOINTING
AUTHORITIES," IN ITS ENTIRETY; AND FURTHER ENACTING
CHAPTER 2.38, "BOARD OF LIBRARY TRUSTEES"
Section 1. Lodi Municipal Code Title 2 — Administration and Personnel —
Chapter 2.12, "City Manager," Section 2.12.110, "Legislative Powers of Council — Library
Jurisdiction," is hereby repealed in its entirety and re-enacted to read as follows:
2.12.110 Legislative powers of council — Library jurisdiction.
A. There is retained to the city council the sole power of being the policy
making and legislative body for the city, and the duties and powers of the city
manager are expressly confined to the administration service of the city.
B. The city manager shall have no power to administer the affairs of the city library nor
shall he have any control or direction over the board of trustees or the library. However,
the city manager shall exercise direction over the library director's employment
practices.
Section 2. Lodi Municipal Code Title 2 — Administration and Personnel —
Chapter 2.44, "Personnel System," Section 2.44.040, "Appointing Authorities," is hereby
repealed in its entirety and re-enacted to read as follows:
2.44.040 Appointing authorities.
The appointing authorities are the city council, in the case of the city manager,
city attorney, city clerk and city treasurer; the library board, in the case of the
library director; and the city manager, for all other employees. These appointing
authorities, in whom is vested by law the power to make appointments, transfers,
promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss
employees, shall retain such power, subject to the provisions of this chapter and
the rules established under this chapter. In addition the city manager shall have
the authority to discipline or dismiss the library director based on employment
practices.
Section 3. Lodi Municipal Code Chapter 2.38 "Board of Library Trustees" is hereby
added to Title 2 "Administration and Personnel" and enacted to read as follows:
///
1
CHAPTER 2.38
Board of Library Trustees
2.38.010 — Creation
Pursuant to authority of Education Code Section 18900, et seq., as amended from time
to time, there is created a city library board of trustees.
2.38.020 — Appointment of board of trustees
The public library shall be managed by a board of library trustees, consisting of five
members, to be appointed by the mayor with the consent of the city council.
2.38.030 — Term of office and compensation
Each trustee shall hold office for three years beginning July 1st and ending on
June 30th, or when a trustee's successor is appointed and qualified, whichever occurs
last. The members of the first board so appointed shall so classify themselves by lot that
one of their number shall go out [of] office at the end of the current fiscal year, two at the
end of one year thereafter, and three at the end of two years thereafter. Each trustee
shall serve without compensation unless the city council, by ordinance, otherwise
provides for compensation which shall not exceed fifty dollars per month.
2.38.40 — Termination for absences
A. The appointment of any trustee absent from three consecutive regular or special
meetings without approval of the library board of trustees, confirmed by majority
vote of the board, shall be terminated and the city clerk notified thereof.
B. The city clerk then shall notify any member whose appointment has been
terminated and report to the city council that a vacancy exists on said board and
that an appointment should be made for the unexpired term.
C. A trustee may be granted a leave of absence by the city council, and a temporary
vacancy shall thereupon exist for the period of such leave of absence. During the
period of such temporary vacancy, the council may fill such vacancy by a
temporary appointment to said board, provided, however, that the period of such
temporary appointment shall not exceed the period of the temporary vacancy. At
the expiration of a leave of absence so granted, the member shall automatically
resume full and permanent membership on said board.
2.38.050 — Vacancies
Vacancies shall be filled by appointment by the mayor with the consent of the city
council for the unexpired term in the same manner as the original appointments are
made.
2.38.060 — Monthly meetings
The board of library trustees shall meet at least once a month at such times and places
as may be fixed by resolution.
2
2.38.070 — Special meetings
Special meetings may be called by the chair or by a majority of the trustees, the city
manager, and/or the city council provided written notice is given 48 hours in advance of
the special meeting to the following: each trustee, the city manager, and anyone filing
written request for notice with the city clerk. Notice of meetings shall comply in all
respects with Section 54950 et seq., of the Government Code, known commonly as the
Ralph M. Brown Act, and include posting on the library website.
2.38.080 — Quorum
A majority of the board shall constitute a quorum for the transaction of business.
2.38.090 — President and chairperson per tem
The board shall appoint one of its number president, who shall serve for one year and
until his successor is appointed, and in his absence shall select a chairperson pro tern.
2.38.100 — Record of proceedings
The board shall cause a proper record of its proceedings to be kept.
2.38.110 — Rules, regulations and by-laws
Pursuant to the provisions of Education Code Section 18900, et seq., as amended from
time to time, the board of library trustees may make and enforce all rules, regulations,
and by-laws necessary for the administration, government, and protection of the libraries
under its management, and all property belonging thereto.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 5. No Mandatary 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 6. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
Section 7. Effective Date. This ordinance shall be published pursuant to law and shall
become effective 30 days from the date of passage and adoption.
3
Approved this 1st day of August, 2018
ALAN NAKANISHI
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. 1955 was introduced at a regular meeting of the City Council of the City
of Lodi on July 18, 2018, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held August 1, 2018 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Johnson
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1955 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
JENNIFER M. FERRAIOLO
City Clerk
4
The foregoing document Is certified to be a correct
copy of the original on file In the City Clerk's Office.
Pamela M. Farris
Deputy City Clerk, City of Lodi
•
EIY:—R/Ma/(2 L/122 IL.770/WO
//8
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. 1953 THROUGH 1955
PUBLISH DATE: SATURDAY, JULY 21, 2018
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, JULY 19, 2018
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 classified1@lodinews.com at 2 'AD (time) on ^7 Q : (date)
LNS Phoned to confirm receipt of all pages at (time) PM ES (initlalsy
N:\Admin i stration\CLERK\Ord S ummaries\Adv ins. doc
CITY OF LODI
ORDINANCE NO. 1953
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI
MUNICIPAL CODE TITLE 3 — REVENUE AND FINANCE — BY ADDING CHAPTER 3.30,
"2018 GENERAL RETAIL TRANSACTIONS AND USE TAX," BY IMPOSING AN ONGOING
ONE-HALF (0.50) CENT PER DOLLAR TRANSACTIONS AND USE TAX FOR
UNRESTRICTED GENERAL REVENUE PURPOSES, TO REMAIN IN EFFECT UNTIL THE
VOTERS AMEND OR REPEAL IT, TO BE COLLECTED AND ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, SUBJECT TO VOTER
APPROVAL. The purpose of this ordinance is to raise revenue for City services, including
public safety, streets, and parks. Introduced June 20, 2018. Adopted July 18, 2018. If approved
by a majority of the voters voting on the issue at the November 6, 2018 election as required by
Section 2(b) of Article XIIIC of the California Constitution and applicable law, this ordinance will
take effect immediately after the City Council declares the results of the election.
AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson.
ORDINANCE NO. 1954
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND
RE-ENACTING SECTION 12.12.170, "BEACH STRUCTURES," IN ITS ENTIRETY; AND
FURTHER REPEALING AND RE-ENACTING SECTION 12.16.100, "ACTIVITY REQUIRING
A PARK PERMIT," IN ITS ENTIRETY. The purpose of this ordinance is to ban erecting tents or
similar structures throughout the City's recreational areas, requiring an unobstructed view from
at least three sides of a shelter, while allowing an exception to the no -tent or enclosed shelter
rule for City -sponsored events or events that have a permit from the Parks, Recreation and
Cultural Services Department. Introduced June 20, 2018. Adopted July 18, 2018, and effective
August 17, 2018. AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES: None;
ABSENT: Johnson.
ORDINANCE NO. 1955
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND RE-ENACTING
SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL, LIBRARY JURISDICTION," IN
ITS ENTIRETY; REPEALING AND RE-ENACTING SECTION 2.44.040, "APPOINTING
AUTHORITIES," IN ITS ENTIRETY; AND FURTHER ENACTING CHAPTER 2.38, "BOARD
OF LIBRARY TRUSTEES". The purpose of this ordinance is to clean up outdated language by
placing all library employees other than the director under the City Manager's ultimate
supervision and authorizing the City Manager to take disciplinary action against the Library
Director for improper employment practices, and to codify the establishment of the Board of
Library Trustees, its members, terms, and duties. Introduced July 18, 2018. Adoption to be
considered August 1, 2018. AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES:
None; ABSENT: Johnson.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
July 18, 2018
Certified copies of the full text of these ordinances are available in the office of the
Lodi City Clerk.
DECLARATION OF POSTING
ORDINANCE NO. 1955
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND
RE-ENACTING SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL, LIBRARY
JURISDICTION," IN ITS ENTIRETY; REPEALING AND RE-ENACTING
SECTION 2.44.040, "APPOINTING AUTHORITIES," IN ITS ENTIRETY; AND FURTHER
ENACTING CHAPTER 2.38, "BOARD OF LIBRARY TRUSTEES".
On Thursday, July 19, 2018, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1955 (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 July 19, 2018, at Lodi, California.
--/224-rzele2)--172
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Pamela M. Farris Elizabeth Burgos
Deputy City Clerk Administrative Clerk
ordsummaries\aaDecPost. doc
EXHiBiT
ORDINANCE NO. 1955
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 2—ADMINISTRATION AND
PERSONNEL — BY REPEALING AND RE-ENACTING
SECTION 2.12.110, "LEGISLATIVE POWER OF COUNCIL,
LIBRARY JURISDICTION," IN ITS ENTIRETY; REPEALING AND
RE-ENACTING SECTION 2.44.040, "APPOINTING
AUTHORITIES," IN ITS ENTIRETY; AND FURTHER ENACTING
CHAPTER 2.38, "BOARD OF LIBRARY TRUSTEES"
Section 1. Lodi Municipal Code Title 2 — Administration and Personnel —
Chapter 2.12, "City Manager," Section 2.12.110, "Legislative Powers of Council — Library
Jurisdiction," is hereby repealed in its entirety and re-enacted to read as follows:
2.12.110 Legislative powers of council — Library jurisdiction.
A. There is retained to the city council the sole power of being the policy
making and legislative body for the city, and the duties and powers of the city
manager are expressly confined to the administration service of the city.
B. The city manager shall have no power to administer the affairs of the city library nor
shall he have any control or direction over the board of trustees or the library. However,
the city manager shall exercise direction over the library director's employment
practices.
Section 2. Lodi Municipal Code Title 2 — Administration and Personnel —
Chapter 2.44, "Personnel System," Section 2.44.040, "Appointing Authorities," is hereby
repealed in its entirety and re-enacted to read as follows:
2.44.040 Appointing authorities.
The appointing authorities are the city council, in the case of the city manager,
city attorney, city clerk and city treasurer; the library board, in the case of the
library director; and the city manager, for all other employees. These appointing
authorities, in whom is vested by law the power to make appointments, transfers,
promotions, demotions, reinstatements, lay-offs, and to suspend or dismiss
employees, shall retain such power, subject to the provisions of this chapter and
the rules established under this chapter. In addition the city manager shall have
the authority to discipline or dismiss the library director based on employment
practices.
Section 3. Lodi Municipal Code Chapter 2.38 "Board of Library Trustees" is hereby
added to Title 2 "Administration and Personnel" and enacted to read as follows:
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CHAPTER 2.38
Board of Library Trustees
2.38.010 — Creation
Pursuant to authority of Education Code Section 18900, et seq., as amended from time
to time, there is created a city library board of trustees.
2.38.020 — Appointment of board of trustees
The public library shall be managed by a board of library trustees, consisting of five
members, to be appointed by the mayor with the consent of the city council.
2.38.030 — Term of office and compensation
Each trustee shall hold office for three years beginning July 1st and ending on
June 30th, or when a trustee's successor is appointed and qualified, whichever occurs
last. The members of the first board so appointed shall so classify themselves by lot that
one of their number shall go out [of] office at the end of the current fiscal year, two at the
end of one year thereafter, and three at the end of two years thereafter. Each trustee
shall serve without compensation unless the city council, by ordinance, otherwise
provides for compensation which shall not exceed fifty dollars per month.
2.38.40 — Termination for absences
A. The appointment of any trustee absent from three consecutive regular or special
meetings without approval of the library board of trustees, confirmed by majority
vote of the board, shall be terminated and the city clerk notified thereof.
B. The city clerk then shall notify any member whose appointment has been
terminated and report to the city council that a vacancy exists on said board and
that an appointment should be made for the unexpired term.
C. A trustee may be granted a leave of absence by the city council, and a temporary
vacancy shall thereupon exist for the period of such leave of absence. During the
period of such temporary vacancy, the council may fill such vacancy by a
temporary appointment to said board, provided, however, that the period of such
temporary appointment shall not exceed the period of the temporary vacancy. At
the expiration of a leave of absence so granted, the member shall automatically
resume full and permanent membership on said board.
2.38.050 — Vacancies
Vacancies shall be filled by appointment by the mayor with the consent of the city
council for the unexpired term in the same manner as the original appointments are
made.
2.38.060 — Monthly meetings
The board of library trustees shall meet at least once a month at such times and places
as may be fixed by resolution.
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2.38.070 — Special meetings
Special meetings may be called by the chair or by a majority of the trustees, the city
manager, and/or the city council provided written notice is given 48 hours in advance of
the special meeting to the following: each trustee, the city manager, and anyone filing
written request for notice with the city clerk. Notice of meetings shall comply in all
respects with Section 54950 et seq., of the Government Code, known commonly as the
Ralph M. Brown Act, and include posting on the library website.
2.38.080 — Quorum
A majority of the board shall constitute a quorum for the transaction of business.
2.38.090 — President and chairperson per tern
The board shall appoint one of its number president, who shall serve for one year and
until his successor is appointed, and in his absence shall select a chairperson pro tern.
2.38.100 — Record of proceedings
The board shall cause a proper record of its proceedings to be kept.
2.38.110 — Rules, regulations and by-laws
Pursuant to the provisions of Education Code Section 18900, et seq., as amended from
time to time, the board of library trustees may make and enforce all rules, regulations,
and by-laws necessary for the administration, government, and protection of the libraries
under its management, and all property belonging thereto.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 5. 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 6. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
Section 7. Effective Date. This ordinance shall be published pursuant to law and shall
become effective 30 days from the date of passage and adoption.
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Approved this day of August, 2018
ALAN NAKANISHI
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. 1955 was introduced at a regular meeting of the City Council of the City
of Lodi on July 18, 2018, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 1955 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
JENNIFER M. FERRAIOLO
City Clerk
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