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HomeMy WebLinkAboutAgenda Report - October 3, 2018 H-02TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM N-2 AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 2 — Administration and Personnel, by Repealing and Reenacting Section 2.12.120 - Disposition of Surplus Personal Property, in its Entirety MEETING DATE: October 3, 2018 PREPARED BY: Police Chief and Deputy City Manager RECOMMENDED ACTION: Introduce Ordinance Amending Lodi Municipal Code Title 2 — Administration and Personnel, by Repealing and Reenacting Section 2.12.120 - Disposition of Surplus Personal Property. BACKGROUND INFORMATION: Lodi Municipal Code Section 2.12.120 — Disposition of Surplus Personal Property, provides a process for disposing surplus personal property having a value of two thousand dollars or less, which is no longer required for city use. The code requires surplus property to first be advertised for sale by bid and sold by auction or consignment if there are no satisfactory bids. However, many retiring peace officers request to purchase their City -issued handguns at retirement and are currently unable to do so because of the existing provisions of Section 2.12.120. The proposed amendment to Section 2.12.120 is intended to allow honorably retired peace officers to purchase their city -issued handgun at retirement if they meet certain requirements and sign a waiver releasing the City from liability. For background purposes, California Public Contract Code, Section 10334, currently allows honorably retired state peace officers such as Highway Patrol officers to purchase their state -issued firearms at retirement. However, this law does not apply to City employees and the requested amendment is necessary to allow the same ability. City -issued handguns and other assigned equipment are generally collected at the time of separation when peace officers retire from the Police Department. The previously assigned handguns are reissued to new officers until they are discarded due to age. Generally, the department's firearms are traded in when procuring new handguns and the department receives a refund for the pre -owned value. The Police Department's firearms have a service life of approximately ten years. The City of Lodi Police Department has received requests from retiring peace officers to purchase their city -issued handguns as a memento and for recreational use. Due to these requests, the Police Department proposes the amendment to Municipal Code Section 2.12.120 by adding subsection D with a specific procedure to address the sale of department -issued handguns to honorably retired peace officers. Under the new subsection "D" the Chief of Police may authorize a peace officer, who has been honorably retired through a service retirement, or retiring from a job -incurred disability not related to a mental or emotional disorder, and who has been granted the legal right to carry a concealed firearm to purchase APPROVED: }„f Stephen Schwabauer, City Manager Introduce Ordinance Amending Lodi Municipal Code Chapter 2.12.120 — Disposition of Surplus Personal Property — by Enacting Section "D", and Introducing Authorizing a Retired Peace Officer to Purchase City -Issued Handgun Upon Retirement October 3, 2018 Page 2 his or her city -issued handgun. The retired peace officer will pay the City an amount equal to the City's cost to acquire a new city -issued handgun, including any handling and transfer costs. The purchase of a city -issued handgun from the City will be made pursuant to policies approved by the City Manager and Chief of Police, which will include a waiver and release of liability for the City of Lodi. The waiver and release form is included in the packet for review. In addition to the changes above, staff is recommending increasing the maximum values identified in the ordinance as follows: Current Limits Surplus Requiring $1011$2,000 Competitve Sale Surplus Eligible for Direct $0 - $100 Sale Proposed Value Authority $1,001-$5,000 Purchasing Officer $0 - $1,000 Purchasing Officer 1 Raising the surplus limits will allow staff to more frequently and efficiently dispose of surplus property and avoid the time consuming and costly process of advertising for sale items of little value. Under both the current and the proposed scenarios the City Manager is required to notify Council in writing of the sale within 30 days of a successful sale. In addition to raising the limits, staff would also like to allow the sale of surplus property to be conducted via online public auction. Currently, competitive sales must be advertised in print form. With the availability of multiple auction sites, including those geared towards government surplus specifically, the City can take advantage of this streamlined method of sale. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. Tod Patterson Police Chief ad, )6 eir2._...., Andrew Keys Deputy City Manager ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL, BY REPEALING AND REENACTING SECTION 2.12.120 - DISPOSITION OF SURPLUS PERSONAL PROPERTY, IN ITS ENTIRETY Section 1. Lodi Municipal Code, Title 2 "Administration and Personnel", Chapter 2.12 "City Manager", Section 2.12.120 "Disposition of Surplus Personal Property" is hereby repealed in its entirety and reenacted to read as follows: Section 2.12.120 - Disposition of surplus personal property. A. The City Manager may, upon recommendation of the city purchasing officer, authorize the sale of surplus personal property having a value of five thousand dollars or less, which is no longer required for city use. Within thirty days following the sale of any surplus city property under this section, the city manager shall notify the city council in writing of such sale. B. Prior to sale of property under this section, the City Manager shall notify all departments of its availability for city use. C. The following procedures shall be used to dispose of surplus city property under this section: The property to be sold shall be advertised by publication at least one time in a newspaper of general circulation, in a magazine or periodical generally distributed to municipalities, or via online public auction, and blind or sealed bids solicited. The manner of advertising and processing of bids shall be consistent with practices employed for other city transactions requiring bids. 2. If the procedures specified in subsection 1 of this section produce no bids, or bids of less than a reasonable sale price, all bids may be rejected by the city manager, and offers in any form may be solicited and accepted without further competitive procedures. 3. If no satisfactory bids or offers are received under subsections 1 or 2 of this section, such surplus property may be sold by auction or delivered to a broker for consignment sale. 4. Surplus property having a total value of less than one thousand dollars, as determined by the city purchasing officer, may be sold without compliance with the advertising and sealed bid requirements of subsection 1 of this section. D. Notwithstanding any other provisions in this Chapter, the Chief of Police may authorize a peace officer (as defined in Penal Code Section 830) to purchase his or her city -issued duty handgun. if such peace officer has been honorably retired throuqh a service retirement or from a iob-incurred disability not related to a mental or emotional disorder, and has been granted the leqal riqht to carry a concealed firearm pursuant to Penal Code Section 25450. The retired peace officer will pay the City an amount equal to the City's cost to acquire a new city - issued handgun, plus any handling and transfer costs: as determined by the Lodi Police Department. The purchase of a city -issued handgun from the City will be made pursuant to policies approved by the City Manager and Chief of Police, which shall include, without limitation, a waiver and release of liability of the City of Lodi, its employees, elected and appointed officials. officers, and volunteers as to all matters concerninq the sale of the city -issued handgun under this provision. Section 2. 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 3. 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 4. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this day of , 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 Nowas introduced at a regular meeting of the City Council of the City of Lodi held . 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held . 2018, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — I 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 as to Form: JOHN P. FUKASAWA Deputy City Attorney JENNIFER M. FERRAIOLO City Clerk 220.7 RETIRING POLICE OFFICER PURCHASING OF SERVICE FIREARM The City Manager and Chief of Police have authorized a procedure whereby certain qualified honorably retired sworn peace officers may purchase their city -issued service handgun upon retirement. Specific criteria must be met for peace officers to qualify for the program as set forth below. 220.7.1 PURCHASE CRITERIA A retired peace officer may submit a request to purchase his or her city -issued service handgun upon honorable retirement, whether normal (CaIPERS years of service plus age requirements met) or job - incurred disability, not related to a mental or emotional disorder, and who has been granted the legal right to carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code, for the City's cost of replacement of a new, equal or equivalent model handgun, upon fulfilling the requirements set forth in section 220.7.2 of this policy. A city -issued service handgun will not be transferred while it is potential evidence in a criminal or civil legal proceeding. The Chief of Police will have the sole discretion to determine whether the retirement of a sworn Lodi peace officer is "honorable" for purposes of this policy. 220.7.2 PURCHASING AND TRANSFER PROCEDURE A retiring peace officer requesting purchase of his/her a city -issued service handgun shall comply with the following procedure to purchase and transfer ownership of the handgun: (a) The retiring peace officer shall complete a Firearms Purchase Request and Agreement and submit the form to the Chief of Police requesting purchase of the handgun pursuant to this procedure. (b) Following approval by the Chief of Police and execution of the Firearms Purchase Request and Agreement by the retiring peace officer and the City, the retiring peace officer shall remit payment in an amount to be determined by the Rangemaster, for the City's cost of replacing the handgun with a new, equal or equivalent model which is in use and approved for duty at the time of purchase, payable to the City of Lodi, and obtain a receipt for payment. (c) The retiring peace officer shall deliver the approved Firearms Purchase Request and Agreement and receipt for payment to the Property and Evidence Manager who will make the required registration transfer notice to the California Department of Justice ("DOJ") and endorse the form to that effect. The retiring peace officer shall be responsible for paying all associated DOJ license and transfer fees. (d) The retiring peace officer shall deliver the approved Firearms Purchase Request and Agreement to the Rangemaster or designated Armorer who will be responsible for transferring possession of the firearm to the retiring peace officer and modifying the record of the Armory inventory to reflect such transfer and take action to remove the firearm from the department's inventory. The Rangemaster or designated Armorer will endorse the Firearms Purchase Request and Agreement. (e) The original fully executed Firearms Purchase Request and Agreement, complete with endorsements, and attached receipt for payment will be maintained in a permanent file at the Police Department that will not be subject to routine destruction. CITY OF LODI Police Department FIREARMS PURCHASE REQUEST AND AGREEMENT Pursuant to Lodi Police Department (LPD) Policy 220.7, I request to purchase my city -issued duty handgun ("Handgun") as described below upon my retirement from the City of Lodi ("City"). I understand that City will submit the required registration transfer to the California Department of Justice ("DOJ"). I agree that any subsequently required notifications to DOJ (address changes, etc.), are my sole responsibility. I have read and understand LPD Policy 220.7 regarding the possession and use of a C.C.W. endorsement associated with my retirement, including identification and endorsement requirements. I agree that upon my retirement and transfer of the Handgun, it becomes my sole property and responsibility. I acknowledge that the City does not guarantee the condition of the Handgun and that it is sold and received by me "as is" with no warranties, express, implied, or otherwise. I acknowledge that the City of Lodi, its employees, elected and appointed officials, officers, volunteers, and sureties, and each of them, and anyone working on their behalf are not responsible for any matters concerning the Handgun including, but not limited to its use and service. I assume all risks and liabilities associated with the Handgun and its transfer to me and acknowledge that the City of Lodi, its employees, elected and appointed officials, officers, volunteers, and sureties, and each of them, shall have no liability for any matters concerning the Handgun including, but not limited to errors, malfunctions, defects, or any losses resulting from or relating to the sale, transfer, use, possession, or ownership of the Handgun as well as any wrongful death, indirect, or punitive damages, including, without limitation, commercial or economic loss claimed by me or a third party , related to the sale, use, possession, or ownership of the Handgun. I release the City of Lodi, its employees, elected and appointed officials, officers, volunteers, and sureties, and each of them, and anyone working on their behalf from any and all liability arising from my use, possession, sale or transfer of the Handgun, including the use of the Handgun by any third party while the Handgun is under my ownership. I agree to indemnify, defend and hold harmless the City of Lodi, its employees, elected and appointed officials, officers, volunteers, and sureties, and each of them, to the fullest extent and for the maximum time allowed by law, from and against any loss, liability, damage, including but not limited to reasonable attorney, consultant, and expert fees, and/or court costs, directly or indirectly arising out of or in connection with the sale, transfer, use, possession, or ownership of the Handgun. Attached hereto is certification of my legal right to carry a concealed firearm pursuant to Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6 of the Penal Code. 1iPage CA/09.2018 FIREARM MAKE & MODEL: SERIAL NUMBER: RETIREE NAME (PRINT): RETIREE SIGNATURE: Date: WITNESS: Date: Chief of Police Approval: Date: DOJ Transfer Completed: Date: Armory inventory Updated: Date: CA/09.2018 2IPage DECLARATION OF POSTING ORDINANCE NO. 1959 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND RE-ENACTING SECTION 2.12.120, "DISPOSITION OF PERSONAL PROPERTY," IN ITS ENTIRETY On Thursday, October 4, 2018, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1959 (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 October 4, 2018, at Lodi, California. 717-277zZett (71224j Pamela M. Farris Elizabeth Burgos Deputy City Clerk . Administrative Clerk ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ordsummaries\aaDecPost.doc ORDINANCE NO. 1959 EYHffJ AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND RE-ENACTING SECTION 2.12.120, "DISPOSITION OF SURPLUS PERSONAL PROPERTY," IN ITS ENTIRETY Section 1. Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, "City Manager," Section 2.12.120, "Disposition of Surplus Personal Property," is hereby repealed in its entirety and re-enacted to read as follows: Section 2.12.120 - Disposition of surplus personal property. A. The City Manager may, upon recommendation of the City purchasing officer, authorize the sale of surplus personal property having a value of five thousand dollars or less, which is no longer required for City use. Within thirty days following the sale of any surplus city property under this section, the City Manager shall notify the City Council in writing of such sale. B. Prior to sale of property under this section, the City Manager shall notify all departments of its availability for City use. C. The following procedures shall be used to dispose of surplus City property under this section: 1. The property to be sold shall be advertised by publication at least one time in a newspaper of general circulation, in a magazine or periodical generally distributed to municipalities, or via online public auction, and blind or sealed bids solicited. The manner of advertising and processing of bids shall be consistent with practices employed for other City transactions requiring bids. 2. If the procedures specified in subsection 1 of this section produce no bids, or bids of less than a reasonable sale price, all bids may be rejected by the City Manager, and offers in any form may be solicited and accepted without further competitive procedures. 3. If no satisfactory bids or offers are received under subsections 1 or 2 of this section, such surplus property may be sold by auction or delivered to a broker for consignment sale. 4. Surplus property having a total value of less than one thousand dollars, as determined by the City purchasing officer, may be sold without compliance with the advertising and sealed bid requirements of subsection 1 of this section. D. Notwithstanding any other provisions in this Chapter, the Chief of Police may authorize a peace officer (as defined in Penal Code Section 830) to purchase his or her City -issued duty handgun, if such peace officer has been honorably retired through a service retirement or from a job -incurred disability not related to a mental or emotional disorder, and has been granted the legal right to carry a concealed firearm pursuant to Penal Code Section 25450. The retired peace officer will pay the City an amount equal to the City's cost to acquire a new City - issued handgun, plus any handling and transfer costs, as determined by the Lodi Police Department. The purchase of a City -issued handgun from the City will be made pursuant to policies approved by the City Manager and Chief of Police, which shall include, without limitation, a waiver and release of liability of the City of Lodi, its employees, elected and appointed officials, officers, and volunteers as to all matters concerning the sale of the City -issued handgun under this provision. Section 2. 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 3. Na 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 4. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this day of , 2018 ALAN NAKANISHI Attest: Mayor 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. 1959 was introduced at a regular meeting of the City Council of the City of Lodi held October 3, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2018, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1959 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. FERRAIOLO Approved as to Form: City Clerk JOHN P. FUKASAWA Deputy City Attorney 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. 1958 AND 1959 PUBLISH DATE: SATURDAY, OCTOBER 6, 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, OCTOBER 4, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARIS 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 I D ' IEr (time) on (date) LNS Phoned to confirm receipt of all pages at (time) PMF _ 5 (Initials) N:\Administration\CLERK\OrdSummaries\Adv ins. doc CITY OF LODI ORDINANCE NO. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY. The purpose of this ordinance is to re-enact the Electric Utility rate discount from December 1, 2018, to December 31, 2023. Introduced September 19, 2018. Adopted October 3, 2018, and effective December 1, 2018. AYES: Chandler, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson and Kuehne. ORDINANCE NO. 1959 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — BY REPEALING AND RE-ENACTING SECTION 2.12.120, "DISPOSITION OF PERSONAL PROPERTY," IN ITS ENTIRETY. The purpose of this ordinance is to allow honorably retired peace officers to purchase their City - issued handgun at retirement if they meet certain requirements, to increase the identified values of surplus property eligible for competitive or direct sale in the current ordinance in order to more efficiently dispose of surplus property, and to allow the sale of surplus property to be conducted via online public auction. Introduced October 3, 2018. Adoption to be considered October 17, 2018. AYES: Chandler, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson and Kuehne. Jennifer M. Ferraiolo, City Clerk City of Lodi October 3, 2018 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.