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HomeMy WebLinkAboutAgenda Report - October 17, 2018 H-04TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM H AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare by Enacting Chapter 9.19 "Sidewalk Vendors"; Amending Lodi Municipal Code Title 12 — Streets, Sidewalks and Public Places — by Repealing and Reenacting Section 12.04.090 "Refusal —Grounds," of Chapter 12.04 "Streets, Sidewalks and Public Places," in its Entirety; Repealing and Reenacting Section 12.12.060 "Commercial Activity," of Chapter 12.12 "Recreational Areas," in its Entirety; and Repealing and Reenacting Section 12.16.100 "Activity Requiring a Park Permit," of Chapter 12.16 "Permits for Use of City Facilities," in its Entirety MEETING DATE: October 17, 2018 PREPARED BY: City Attorney RECOMMENDED ACTION: Introduce ordinance amending Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare by enacting Chapter 9.19 "Sidewalk Vendors"; amending Lodi Municipal Code Title 12 — Streets, Sidewalks and Public Places — by repealing and reenacting section 12.04.090 "Refusal —Grounds," of Chapter 12.04 "Streets, Sidewalks and Public Places," in its entirety; repealing and reenacting section 12.12.060 "Commercial Activity," of Chapter 12.12 "Recreational Areas," in its entirety; and repealing and reenacting Section 12.16.100 "Activity Requiring a Park Permit," of Chapter 12.16 "Permits for Use of City Facilities," in its entirety. BACKGROUND INFORMATION: California Government Code Sections 51036 through 51039 were signed into law by the Governor on September 17, 2018 through Senate Bill number 946, a copy of which is attached for review. The new laws take effect on January 1, 2019 and impose restrictions on how the City may regulate non - motorized sidewalk vending activities that take place on public sidewalks, pedestrian paths, and public parks. The proposed changes to the Lodi Municipal Code are necessary to comply with the new laws and allow the City to enforce regulations addressing such activities. Under the new ordinance, sidewalk vendors, which are defined by the law to encompass activities like pushcarts or stands selling ice cream, snacks, or beverages, will still be required to obtain a City vending permit to operate. Applicants will be subject to a background check as previously required and will still be required to obtain all other regulatory health and safety permits necessary for the type of activity conducted, such as a County health permit for prepared foods, a California Department of Tax and Fee Administration seller's permit, and an encroachment permit from the City for stationary vendors'. One of the main aspects of S.B. 946 is the requirement that the City allow sidewalk vendors to operate in public parks. However, the law tempers this requirement by allowing the City to adopt additional 1 S.B. 946 creates two categories of sidewalk vendors — "roaming sidewalk vendors" that move from place to place and stop only to complete a transaction, and "stationary sidewalk vendors" that vend from a fixed location. APPROVED: Stephen Schwa auer, City Manager Introduce Ordinance Amending Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare by Enacting Chapter 9.19 "Sidewalk Vendors"; Amending Lodi Municipal Code Title 12 — Streets, Sidewalks and Public Places — by Repealing and Reenacting Section 12.04.090 "Refusal —Grounds," of Chapter 12.04 "Streets, Sidewalks and Public Places," in its Entirety; Repealing and Reenacting Section 12.12.060 "Commercial Activity," of Chapter 12.12 "Recreational Areas," in its Entirety; and Repealing and Reenacting Section 12.16.100 "Activity Requiring a Park Permit," of Chapter 12.16 "Permits for Use of City Facilities," in its Entirety October 17, 2018 Page 2 of 2 requirements regulating the time, place, and manner of sidewalk vending in parks if the requirements are any of the following: (1) directly related to objective health, safety, or welfare concerns; (2) necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities, or (3) necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. The proposed ordinance contains initial findings addressing these items and imposes additional time, place, and manner restrictions on vending in public parks. In particular, stationary vending will be prohibited and roaming vendors will be allowed only on paved paths outside of nature areas, sports fields, grass areas, landscaped areas, beaches, swimming pool areas, picnic areas, and playground areas. The proposed ordinance also contains performance standards that are specific to the land use in which the activity will occur. For example, stationary sidewalk vendors are prohibited in areas zoned exclusively residential; and each land use has specific allowable hours of operation. The proposed ordinance also contains general performance standards that regulate noise, location, pedestrian and vehicle access, and health and sanitation. Another major aspect of S.B. 946 is that it prohibits criminal enforcement of any violations of a vending ordinance and instead allows an administrative fine as the sole punishment. As a result, the proposed ordinance adopts the administrative fine schedule and income -based fee scaling provision set forth in S.B. 946. For the reasons set forth herein, staff recommends adopting the new Chapter 9.19 "Sidewalk Vendors" and amendments to Sections 12.04.090 "Refusal —Grounds," of Chapter 12.04 "Streets, Sidewalks and Public Places," 12.12.060 "Commercial Activity," of Chapter 12.12 "Recreational Areas," and 12.16.100 "Activity Requiring a Park Permit," of Chapter 12.16 "Permits for Use of City Facilities." FISCAL IMPACT: Not Applicable. FUNDING AVAILABLE: Not applicable. �J Jfihn P. Fukasaa Deputy City Attorney ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE BY ENACTING CHAPTER 9.19 "SIDEWALK VENDORS"; AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND REENACTING SECTION 12.04.090 "REFUSAL — GROUNDS," OF CHAPTER 12.04 "STREETS, SIDEWALKS AND PUBLIC PLACES," IN ITS ENTIRETY; REPEALING AND REENACTING SECTION 12.12.060 "COMMERCIAL ACTIVITY," OF CHAPTER 12.12 "RECREATIONAL AREAS," IN ITS ENTIRETY; AND REPEALING AND REENACTING SECTION 12.16.100 "ACTIVITY REQUIRING A PARK PERMIT," OF CHAPTER 12.16 "PERMITS FOR USE OF CITY FACILITIES," IN ITS ENTIRETY Section 1. Lodi Municipal Code Title 9 "Public Peace, Morals and Welfare," Chapter 9.19 "Sidewalk Vendors" is hereby enacted as follows: Chapter 9.19 —SIDEWALK VENDORS 9.19.010 — Findings and purpose. The provisions of this Chapter are intended to comply with Government Code Sections 51036 through 51039 (signed into law on September 17, 2018) and are enacted subject to the findings in this section. The City Council finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on sidewalks poses unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Lodi. It is the purpose and intent of the City Council, in enacting this Chapter, to provide persons who engage in those types of vending operations with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community. The City Council further finds that parks and nature areas are a finite and valuable resource within the city. Public parks are designed and maintained to support the recreational activities for which they were intended and have inadequate facilities such as restrooms, water, sanitary services, and pedestrian and vehicle traffic flow necessary to support commercial vending activities. It is the purpose and intent of the City Council, in enacting this Chapter, to protect the health, safety, and welfare of the public by regulating the use of parks, nature areas, and recreation facilities, to ensure the public's use and enjoyment of natural resources and recreational opportunities, and prevent an undue concentration of commercial activities that unreasonably interfere with the scenic and natural character of the parks. 9.19.020 - Definitions. A. "Persons" means any person, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of conveyances. B. "Roaming Sidewalk Vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. C. "Sidewalk Vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. "Sidewalk Vendor" does not include a "Peddler" or "Solicitor" licensed pursuant to Chapter 9.16 of this Code, or a "Vendor"/"operator" licensed pursuant to Chapter 9.18 of this Code. D. "Stationary Sidewalk Vendor" means a sidewalk vendor who vends from a fixed location. E. "Vend" or "Vending" means the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. F. "Vendor Permit" means a permit issued pursuant to the provisions of this chapter to engage in the Sidewalk vending activities. 9.19.030 - Regulation of sales. It shall be unlawful for any person to Vend, or attempt to engage in Vending or conduct any business for the purpose of Vending upon a public sidewalk, other pedestrian path, or public recreational area, as defined in Section 12.12.010 of this Code, within the City of Lodi except in accordance with all applicable provisions of this Chapter. 9.19.040 — Vendor Permit. A person desiring to engage in Vending, as defined by this Chapter, shall submit a written application for a Vendor Permit to the City Manager or designee in a form acceptable to and with all supporting information required by the City of Lodi. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as may be established from time to time by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application. Sidewalk Vendors must have a Vendor Permit in their possession when Vending. There must be at least one Vendor with a valid Vendor Permit present whenever Vending is taking place. 9.19.050 — Application for Sidewalk Vendor Permit. A. Application for a Vendor Permit shall be made upon a form provided by the City of Lodi. The applicant shall truthfully state, in full, the information requested on the application, to wit: 1. The name of the Sidewalk Vendor; 2. The current mailing address of the Sidewalk Vendor; 3. If the Sidewalk Vendor is an agent of an individual, company, partnership, or corporation, the name and mailing address of the principal; 4. A description of the food or merchandise offered for sale or exchange; 5. Period of time for which the certificate is applied; 6. The date, or approximate date, of the latest previous application for certificate under this Chapter, if any; 7. Whether or not a Vendor Permit issued to the applicant under this Chapter has ever been revoked; 8. Whether the applicant ever has been convicted of a violation of a felony under any state or federal laws of the United States; 9. A California driver's license or identification number, or an individual taxpayer identification number; and 10. Signature of applicant certifying that to his or her knowledge and belief, the information contained on the form is true. B. A Sidewalk Vendor must obtain a background check in accordance with the requirements of Section 9.16.030, subsections (C) through (F), of this Code. C, As part of the Vendor Permit application, the Sidewalk Vendor or business owner shall provide the following: 1. Four photographs (showing different exterior views) of each pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non - motorized conveyance used for Vending. 2. A copy of a current San Joaquin County Environmental Health permit for each pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance, if so required. 3. A copy of the Sidewalk Vendor or business owner's current California Department of Tax and Fee Administration seller's permit, unless exempt under State law. D. The following may constitute grounds for denial of an application for a Vendor Permit: 1. The Vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations under state law and this Code; 2. The applicant is unable to obtain the required Vendor Permit, pursuant to L.M.C. Section 9.19.040 due to a criminal background check; 3. The applicant has, within three years immediately preceding the date of filing of the application, had a Vendor Permit, or related permit, which was issued within the State of California, suspended or revoked; 4. The applicant has knowingly made a material misstatement in the application for a Vendor Permit; 5. There have been excessive calls for service to the Lodi Police Department within the twelve months preceding the application with inadequate response by the Sidewalk Vendor, involving the commission of crimes, disturbances, public nuisances, or applicable Lodi Municipal Code violation investigations, associated with the Vending operation. 6. Failure to obtain other permits or clearances necessary to conduct the proposed Vending operations. E. As an alternative to a denial of an application for a Vendor Permit for failure to meet the requirements of this Chapter, the City Manager or designee may issue a conditional Vendor Permit. Said conditional Vendor Permit shall be issued with conditions imposed on the Vending operation. All conditions shall be complied with in order to maintain the conditional Vendor Permit in a valid status. Failure to comply with the imposed conditions will subject the conditional Vendor Permit to suspension and/or revocation procedures under this Chapter or any other remedy authorized by law. 9.19.060 — Application for Stationary Sidewalk Vendor Permit. Stationary Sidewalk Vendors must obtain a Stationary Sidewalk Vendor Permit by providing the following information in addition to the information required in section 9.19.050 of this Code: A. Identify the location or locations of Vending operations; B. Any stationary Vending operations located within the public right-of-way or park must obtain an encroachment permit or permits pursuant to Lodi Municipal Code Chapter 12.04. C. Any stationary Vending operations located within the public right-of-way must obtain a written permit from the City Council as set forth in Section 10.44.080 of this Code. 9.19.070 - Location. A Sidewalk Vendor may locate and operate upon a public sidewalk, pedestrian path, or public park, subject to the following conditions: A. A Sidewalk Vendor shall not Vend within three hundred feet of any school grounds. B. A Sidewalk Vendor shall not Vend within one hundred feet of any street intersection. C. A Sidewalk Vendor shall not Vend on or from a street or private property. D. A Sidewalk Vendor shall not locate in a place, or operate in a manner, that interferes with pedestrian travel or access or causes a violation of the Americans with Disabilities Act or other disability access standards. E. A Sidewalk Vendor shall not locate in a place, or operate in a manner, that interferes with vehicle travel or parking. F. A Sidewalk Vendor shall not Vend within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City of Lodi's temporary special permit are also provided to any Sidewalk Vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the City of Lodi for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. The prohibitions of this paragraph shall only be effective for the limited duration of the temporary special permit. G. Sidewalk Vendors shall not Vend in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. H. Stationary Sidewalk Vendors must obtain an encroachment permit as set forth in Lodi Municipal Code Chapter 12.04 when Vending from a stationary spot located within the public right-of-way. 1. In addition to the provisions above, a Sidewalk Vendor must comply with regulations specific to the following types of land uses: 1. Residential Use Area: a. Stationary Sidewalk Vendors are prohibited in areas that are zoned exclusively residential. b. Roaming Sidewalk Vendors may operate only from 7:00 a.m. to 8:00 p.m. 2. Commercial Use Area: a. Permitted hours of operation are from 6:00 a.m. to 12:00 a.m. b. If a Stationary Sidewalk Vendor is located in a commercial use area and is within four hundred feet of a residence, Sidewalk Vendor shall comply with the requirements listed above for residential use area. 3. Industrial Use Area: a. Permitted hours of operation are from 6:00 a.m. to 12:00 a.m. b. If a Sidewalk Vendor is located in an industrial use area and is also within four hundred feet of a residence, it shall comply with the requirements listed above for residential use area. 4. Public Parks: a. Stationary Sidewalk Vendors are prohibited in recreational areas as defined in Section 12.12.010 of this Code, public parks, and nature areas. b. Vending is prohibited in nature areas, sports fields, grass areas, landscaped areas, beaches, swimming pool areas, picnic areas, and playground areas. c. Vendors must stay on paved pedestrian paths. d. Vending is prohibited on or from water or air. e. Vendors must abide by all other applicable park rules including, but not limited to, park closure hours. 9.19.080 - Exemptions. A. Any person engaged in Vending conducted in connection with the operations of a state -certified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Lodi. B. Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale. C. This Chapter shall not apply to the sale or distribution of any newspaper, flier, or handbill. 9.19.090 — Vending Conditions. A The Vending site shall be maintained in a safe and clean manner at all times. B No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted in conjunction with the Sidewalk Vendor, except as permitted under the conditional Vendor Permit provisions of Subsection 9.19.050(E). C. Should any other site improvements be needed for Stationary Sidewalk Vending operations, the Sidewalk Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. D. Refuse must be removed at the end of each day. E. The Sidewalk Vendor shall display, in plain view and at all times, current permits and licenses in or on their pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance. F Any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance used in the course of Vending shall be entirely self- sufficient in regards to gas, water, and telecommunications. G. Should any utility hook-ups or connections to utilities be required, the Sidewalk Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. H. The Sidewalk Vendor shall not discharge items from any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance onto the sidewalk, gutter, storm inlets, streets, public property, or private property without express written consent. 9.19.100 — Health and Sanitation. A. Sidewalk Vendors must comply with all applicable health and safety laws and regulations and obtain all necessary health and safety permits from appropriate regulatory agencies. B All pushcarts, stands, displays, pedal -driven carts, wagons, showcases, racks, or other nonmotorized conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the Vending operations. Sidewalk Vendors shall pick up all refuse generated by such operation within a twenty -five- foot radius of the Sidewalk Vendor before such pushcart, stand, display, pedal - driven cart, wagon, showcase, rack, or other nonmotorized conveyance is moved. No Sidewalk Vendor shall dispose of any trash or refuse in any public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such Sidewalk Vendor. C. A pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance shall comply with the California Health and Safety Code regarding the availability of adequate toilet and handwashing facilities for use by food service personnel. 9.19.110 - Safety and security. A. No pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance may be left unattended or stored on public property. B. A Sidewalk Vendor may not emit a noise that constitutes a nuisance as set forth in Lodi Municipal Code Section 9.24.020, or that is excessive, offensive, or disturbing, as set forth in Lodi Municipal Code Section 9.24.030. 9.19.120 - Applicability of regulations to existing business. The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this Chapter into law. 9.19.130 — Administrative Penalties. Any person violating any provisions or failing to comply with any of the mandatory requirements of this Chapter is subject to the following penalties: A. Fines. 1. Standard administrative fines. a. An administrative fine of two hundred fifty dollars ($250) for a first violation. b. An administrative fine of five hundred dollars ($500) for a second violation within one year of the first violation. c. An administrative fine of one thousand dollars ($1,000) for each additional violation within one year of the first violation. 2. Reduced administrative fines. The following reduced administrative fine schedule shall apply when a Sidewalk Vendor provides proof of a valid Vendor Permit: a. An administrative fine of one hundred dollars ($100) for a first violation; b. An administrative fine of two hundred dollars ($200) for a second violation within one year of the first violation; and c. An administrative fine of five hundred dollars ($500) for each additional violation within one year of the first violation. B. No Criminal Penalties. 1. The provisions of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated this Chapter shall not be subject to arrest except when otherwise permitted under law. 2. Failure to pay an administrative fine pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. C. Assessment of Fines. 1. When assessing an administrative fine pursuant to this Chapter, the city shall take into consideration the person's ability to pay the fine. The city shall provide the violator with notice of his or her right to request an ability -to -pay determination and shall make available instructions or other materials for requesting an ability -to -pay determination. The violator may request an ability -to -pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. 2. If a violator meets one of the following criteria described in California Government Code section 68632(a) or (b), the city shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter. a. A person receiving public benefits under one or more of the following programs: Supplemental Security Income (SSI) and State Supplementary Payment (SSP) (Welfare and Institutions Code section 12200 et seq.). ii. California Work Opportunity and Responsibility to Kids Act (CaIWORKs) (Welfare and Institutions Code section 11200 et seq.) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program (Welfare and Institutions Code section 10553.25). iii. Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) or the California Food Assistance Program (Welfare and Institutions Code section 18930 et seq.). iv. County Relief, General Relief (GR), or General Assistance (GA) (Welfare and Institutions Code section 17000 et seq.). v. Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) (Welfare and Institutions Code section 18937 et seq.). vi. In -Home Supportive Services (IHSS) (Welfare and Institutions Code section 12300 et seq.). vii. Medi -Cal (Welfare and Institutions Code section 14000 et seq.). b. A person whose monthly income is 125 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code. 9.19.140 - Penalties. Suspension/Revocation of Vendor Permit /Conditional Vendor Permit. A. Procedure. In the event of a violation of the regulations of this Chapter, the City Manager or designee shall issue a notice of intent to suspend or revoke the Vendor Permit. The Sidewalk Vendor shall have the right to request a hearing, as provided in Lodi Municipal Code Chapter 1.10, within ten (10) days of service of the notice of intent. If no hearing is requested, the Vendor Permit shall be revoked or suspended upon the expiration of the appeal period set forth in Lodi Municipal- Code Chapter 1.10. B. Basis for Suspension/Revocation of Vendor Permit: 1. Any Vendor Permit may be suspended and/or revoked by the City Manager or designee after a review, where it is determined that: a. The Sidewalk Vendor has committed four or more violations of the provisions of this Chapter during the term of the Vendor Permit; or b. The Sidewalk vendor has committed any act or engaged in action, which would constitute grounds for denial of a Vendor Permit pursuant to Subsection 9.19.050(D) of this Chapter; or c. The Sidewalk Vendor has engaged in fraud, misrepresentation, or false statements in conducting the Vending operation or activity; or d. The Sidewalk Vendor has failed to correct a violation under this Chapter within the time period ordered by the City; or e. The Sidewalk Vendor has operated or continued to operate without a Vendor Permit or after a Vendor Permit has been suspended or revoked. C. Basis for Suspension/Revocation of a Conditional Vendor Permit: 1. Any conditional Vendor Permit may be suspended or revoked for: a. Any of the basis to suspend or revoke a Vendor Permit set forth herein; or b. Any violation of the terms of the conditional Vendor Permit. 9.19.150 - Enforcement. The provisions of this Chapter may be enforced by any peace officer, or the code enforcement division of the city police department. Section 2. Lodi Municipal Code, Section 12.04.090 "Refusal –Grounds," of Chapter 12,04 "Streets, Sidewalks and Public Places," is hereby repealed in its entirety and reenacted to read as follows: Section 12.04.090 - Refusal—Grounds. No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in the right-of-way of a public street or for erecting or maintaining therein or thereon a post, pole, column, or structure for support for advertising signs; or for any form of food vending by either stationary or mobile vehicles, carts, or other temporary structures. unless the applicant ha obtained a written permit by the City Council to park in the right-of-way pursuant to Section 10.44 080 of this Code; or work that disturbs existing asphalt pavement on streets or alleys that have been resurfaced within the past five years. No application will be approved nor permit issued for encroachments that will adversely impact the health, safety, and welfare of the city or injure other property, whether real or personal. Section 3. Lodi Municipal Code, Section 12.12.060 "Commercial Activity," of Chapter 12.12 "Recreational Areas," is hereby repealed in its entirety and reenacted to read as follows: Section 12.12.060 - Commercial activity. A. No person in a recreational area shall engage in any commercial activity in a recreational area as defined in Section 12.12.010 without a park permit issued by the director or his/her designee as specified in Section 12.16.130. Such prohibition shall include sales activities that encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the department. Commercial activities, as defined in Section 12.12.010, are prohibited at Lodi Lake Park, except for those by a licensed concessionaire acting by and under the authority of the director, those associated with a rental of a Lodi Lake Park facility with department permission, or photographers who have obtained a park permit from the department. C. Commercial activities as defined in Section 12.12.010, are prohibited in all recreational areas on weekends and city holidays except for those made by a licensed concessionaire acting by and under the authority of the director, those associated with a park facility rental with department permission, or photographers who have obtained a park permit from the department. 7. The provisions of this Section do not apply to persons enoaded in vending activity pursuant to Chapter 9.19 of this Code. Section 4. Lodi Municipal Code, Section 12.16.100 "Activity Requiring a Park Permit," of Chapter 12.16 "Permits for Use of City Facilities," is hereby repealed in its entirety and reenacted to read as follows: 12.16.100 - Activity requiring a park permit. The following activities are prohibited in all recreational areas unless a park permit from the director is issued: A. Any event in which twenty-five or more people are taking part, or any event that is advertised to the public. B. An assembly for the collective participation in, or preparation for, a game, practice, scrimmage, or clinic, for an organized league, affiliation, team or club. C. Any event conducted by a business, its employees or agents. D. Commercial activity as defined in Section 12.12.060, with the exception of vending activity uant to Chapter 9.19 of thi C-(7de. Section 5. 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 6. 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 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 8. 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 No. was introduced at a regular meeting of the City Council of the City of Lodi held October 17, 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. JENNIFER M. FERRAIOLO City Clerk Approved as to Form: JOHN P. FUKASAWA Deputy City Attorney if 1111.1 ..1. 1. At 11R1.1.S AUTHENTICATED. Nmaig Senate Bill No. 946 CHAPTER 459 An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors. [Approved by Governor September 17, 2018. Filed with Secretary of State September 17, 2018.] LEGISLATIVE COUNSEL'S DIGEST SB 946, Lara. Sidewalk vendors. Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street. This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county. The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers' market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the focal authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability -to -pay determination, and proceeds would be deposited in the treasury of the local authority. The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk 93 Ch. 459 — 2 — vending, as specified, to petition for dismissal of the sentence, fine, or conviction. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The people of the State of California do enact as follows: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities. (2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise. (3) Sidewalk vending contributes to a safe and dynamic public space. (4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. (5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations. (6) This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California's economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk. (b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities. SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 6.2. SIDEWALK VENDORS 51036. For purposes of this chapter, the following definitions apply: (a) "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. (b) "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. 93 — 3 — Ch. 459 (c) "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. (d) "Local authority" means a chartered or general law city, county, or city and county. 51037. (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039. (b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter. 51038. (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section. (b) A local authority's sidewalk vending program shall comply with all of the following standards: (1) A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following: (i) Directly related to objective health, safety, or welfare concerns. (ii) Necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities. (iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (3) A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, 93 Ch. 459 — 4 — unless the restriction is directly related to objective health, safety, or welfare concerns. (c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following: (1) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2) Requirements to maintain sanitary conditions. (3) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller's permit. (6) Requiring additional licenses from other state or local agencies to the extent required by law. (7) Requiring compliance with other generally applicable laws. (8) Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following: (A) The name and current mailing address of the sidewalk vendor. (B) A description of the merchandise offered for sale or exchange. (C) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true. (D) The California seller's permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor. (E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (d) Notwithstanding subdivision (b), a local authority may do both of the following: (1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the 93 — 5 — Ch. 459 Food and Agricultural Code and any regulations adopted pursuant to that chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority's temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. 51039. (a) (1) A violation of a local authority's sidewalk vending program that complies with Section 51038 is punishable only by the following: (A) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1): (i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. 93 Ch. 459 — 6 — (c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed. (d) (1) A violation of a local authority's sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2). Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person's ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability -to -pay determination and shall make available instructions or other materials for requesting an ability -to -pay determination. The person may request an ability -to -pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3) The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. 93 — 7 — Ch. 459 (3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1). (4) If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter. SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver's license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor's number be confidential, except as provided in this act. 0 93 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INST R U CTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1959 AND 1960 PUBLISH DATE: SATURDAY, OCTOBER 20, 2018 LEGAL AD TEAR SHEETS WANTED: One 111 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 18, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK SYLVIA DOMINGUEZ ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at classified)@lodinews.com at (time) on (date) LNS Phoned to confirm receipt of all pages at (time) PMF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI 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. Adopted October 17, 2018, and effective November 16, 2018. AYES: Chandler, Johnson, Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: None. ORDINANCE NO. 1960 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 - PUBLIC PEACE, MORALS AND WELFARE — BY ENACTING CHAPTER 9.19, "SIDEWALK VENDORS;" AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND RE-ENACTING SECTION 12.04.090, "REFUSAL -GROUNDS," OF CHAPTER 12.04, "STREETS, SIDEWALKS AND PUBLIC PLACES," IN ITS ENTIRETY; REPEALING AND RE-ENACTING SECTION 12.12.060,' "COMMERCIAL ACTIVITY," OF CHAPTER 12.12, "RECREATIONAL AREAS," IN ITS ENTIRETY; AND REPEALING AND RE-ENACTING SECTION 12.16.100, "ACTIVITY REQUIRING A PARK PERMIT," OF CHAPTER 12.16, "PERMITS FOR USE OF CITY FACILITIES," IN ITS ENTIRETY. The purpose of this ordinance is to comply with newly - enacted State laws and allow City enforcement of regulations addressing non -motorized sidewalk vending activities taking place on public sidewalks, pedestrian paths, and public parks. Introduced October 17, 2018. Adoption to be considered November 7. 2018. AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson. Jennifer M. Ferraiolo, City Clerk City of Lodi October 17, 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. 1960 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — BY ENACTING CHAPTER 9.19, "SIDEWALK VENDORS;" AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND RE-ENACTING SECTION 12.04.090, "REFUSAL -GROUNDS," OF CHAPTER 12.04, "STREETS, SIDEWALKS AND PUBLIC PLACES," IN ITS ENTIRETY; REPEALING AND RE-ENACTING SECTION 12.12.060, "COMMERCIAL ACTIVITY," OF CHAPTER 12.12, "RECREATIONAL AREAS," IN ITS ENTIRETY; AND REPEALING AND RE-ENACTING SECTION 12/16/100, "ACTIVITY REQUIRING A PARK PERMIT," OF CHAPTER 12.16, "PERMITS FOR USE OF CITY FACILITIES," IN ITS ENTIRETY On Thursday, October 18, 2018, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1960 (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 18, 2018, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummari es\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Sylvia Dominguez Administrative Clerk ORDINANCE NO. 1960 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — BY ENACTING CHAPTER 9.19, "SIDEWALK VENDORS;" AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING AND RE-ENACTING SECTION 12.04.090, "REFUSAL—GROUNDS," OF CHAPTER 12.04, "STREETS, SIDEWALKS AND PUBLIC PLACES," IN ITS ENTIRETY; REPEALING AND RE-ENACTING SECTION 12.12.060, "COMMERCIAL ACTIVITY," OF CHAPTER 12.12, "RECREATIONAL AREAS," IN ITS ENTIRETY; AND REPEALING AND RE-ENACTING SECTION 12.16.100, "ACTIVITY REQUIRING A PARK PERMIT," OF CHAPTER 12.16, "PERMITS FOR USE OF CITY FACILITIES," IN ITS ENTIRETY Section 1. Lodi Municipal Code Title 9 — Public Peace, Morals and Welfare — Chapter 9.19, "Sidewalk Vendors," is hereby enacted as follows: Chapter 9.19 — SIDEWALK VENDORS 9.19.010 — Findings and purpose. The provisions of this Chapter are intended to comply with Government Code Sections 51036 through 51039 (signed into law on September 17, 2018) and are enacted subject to the findings in this section. The City Council finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on sidewalks poses unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Lodi. It is the purpose and intent of the City Council, in enacting this Chapter, to provide persons who engage in those types of vending operations with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community. The City Council further finds that parks and nature areas are a finite and valuable resource within the city. Public parks are designed and maintained to support the recreational activities for which they were intended and have inadequate facilities such as restrooms, water, sanitary services, and pedestrian and vehicle traffic flow necessary to support commercial vending activities. It is the purpose and intent of the City Council, in enacting this Chapter, to protect the health, safety, and welfare of the public by regulating the use of parks, nature areas, and recreation facilities, to ensure the public's use and enjoyment of natural resources and recreational opportunities, and prevent an undue concentration of commercial activities that unreasonably interfere with the scenic and natural character of the parks. 1 9.19.020 - Definitions. A. "Persons" means any person, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of conveyances. B. "Roaming Sidewalk Vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. C. "Sidewalk Vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. "Sidewalk Vendor" does not include a "Peddler" or "Solicitor" licensed pursuant to Chapter 9.16 of this Code, or a "Vendor"/"operator" licensed pursuant to Chapter 9.18 of this Code. D. "Stationary Sidewalk Vendor" means a sidewalk vendor who vends from a fixed location. E. "Vend" or "Vending" means the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. F. "Vendor Permit" means a permit issued pursuant to the provisions of this Chapter to engage in the Sidewalk vending activities. 9.19.030 - Regulation of sales. It shall be unlawful for any person to Vend, or attempt to engage in Vending or conduct any business for the purpose of Vending upon a public sidewalk, other pedestrian path, or public recreational area, as defined in Section 12.12.010 of this Code, within the City of Lodi except in accordance with all applicable provisions of this Chapter. 9.19.040 — Vendor Permit. A person desiring to engage in Vending, as defined by this Chapter, shall submit a written application for a Vendor Permit to the City Manager or designee in a form acceptable to and with all supporting information required by the City of Lodi. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as may be established from time to time by resolution of the City Council. Any such permit shall be• required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application. Sidewalk Vendors must have a Vendor Permit in their possession when Vending. There must be at least one Vendor with a valid Vendor Permit present whenever Vending is taking place. 9.19.050 — Application for Sidewalk Vendor Permit. A. Application for a Vendor Permit shall be made upon a form provided by the City of Lodi. The applicant shall truthfully state, in full, the information requested on the application, to wit: 1. The name of the Sidewalk Vendor; 2. The current mailing address of the Sidewalk Vendor; 3. If the Sidewalk Vendor is an agent of an individual, company, partnership, or corporation, the name and mailing address of the principal; 2 4. A description of the food or merchandise offered for sale or exchange; 5. Period of time for which the certificate is applied; 6. The date, or approximate date, of the latest previous application for certificate under this Chapter, if any; 7. Whether or not a Vendor Permit issued to the applicant under this Chapter has ever been revoked; 8. Whether the applicant ever has been convicted of a violation of a felony under any State or federal laws of the United States; 9. A California driver's license or identification number, or an individual taxpayer identification number; and 10. Signature of applicant certifying that to his or her knowledge and belief, the information contained on the form is true. B. A Sidewalk Vendor must obtain a background check in accordance with the requirements of Section 9.16.030, subsections (C) through (F), of this Code. C. As part of the Vendor Permit application, the Sidewalk Vendor or business owner shall provide the following: 1. Four photographs (showing different exterior views) of each pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non - motorized conveyance used for Vending; 2. A copy of a current San Joaquin County Environmental Health permit for each pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance, if so required; and 3. A copy of the Sidewalk Vendor or business owner's current California Department of Tax and Fee Administration seller's permit, unless exempt under State law. D. The following may constitute grounds for denial of an application for a Vendor Permit: 1. The Vending operation or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations under state law and this Code; 2. The applicant is unable to obtain the required Vendor Permit, pursuant to L.M.C. Section 9.19.040 due to a criminal background check; 3. The applicant has, within three years immediately preceding the date of filing of the application, had a Vendor Permit, or related permit, which was issued within the State of California, suspended or revoked; 4. The applicant has knowingly made a material misstatement in the application for a Vendor Permit; 5. There have been excessive calls for service to the Lodi Police Department within the twelve months preceding the application with inadequate response by the Sidewalk Vendor, involving the commission of crimes, disturbances, public nuisances, or applicable Lodi Municipal Code violation investigations, associated with the Vending operation. 6. Failure to obtain other permits or clearances necessary to conduct the proposed Vending operations. E. As an alternative to a denial of an application for a Vendor Permit for failure to meet the requirements of this Chapter, the City Manager or designee may issue a conditional Vendor Permit. Said conditional Vendor Permit shall be issued with conditions imposed on the Vending operation. All conditions shall be complied with in order to maintain the conditional Vendor Permit in a valid status. Failure to comply with the imposed conditions will subject the conditional Vendor Permit to 3 suspension and/or revocation procedures under this Chapter or any other remedy authorized by law. 9.19.060 — Application for Stationary Sidewalk Vendor Permit. Stationary Sidewalk Vendors must obtain a Stationary Sidewalk Vendor Permit by providing the following information in addition to the information required in Section 9.19.050 of this Code: A. Identify the location or locations of Vending operations; B. Any stationary Vending operations located within the public right-of-way or park must obtain an encroachment permit or permits pursuant to Lodi Municipal Code Chapter 12.04. C. Any stationary Vending operations located within the public right-of-way must obtain a written permit from the City Council as set forth in Section 10.44.080 of this Code. 9.19.070 - Location. A Sidewalk Vendor may locate and operate upon a public sidewalk, pedestrian path, or public park, subject to the following conditions: A. A Sidewalk Vendor shall not Vend within three hundred feet of any school grounds. B. A Sidewalk Vendor shall not Vend within one hundred feet of any street intersection. C. A Sidewalk Vendor shall not Vend on or from a street or private property. D. A Sidewalk Vendor shall not locate in a place, or operate in a manner, that interferes with pedestrian travel or access or causes a violation of the Americans with Disabilities Act or other disability access standards. E. A Sidewalk Vendor shall not locate in a place, or operate in a manner, that interferes with vehicle travel or parking. F. A Sidewalk Vendor shall not Vend within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City of Lodi's temporary special permit are also provided to any Sidewalk Vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the City of Lodi for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. The prohibitions of this paragraph shall only be effective for the limited duration of the temporary special permit. G. Sidewalk Vendors shall not Vend in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. 4 H. Stationary Sidewalk Vendors must obtain an encroachment permit as set forth in Lodi Municipal Code Chapter 12.04 when Vending from a stationary spot located within the public right-of-way. 1. In addition to the provisions above, a Sidewalk Vendor must comply with regulations specific to the following types of land uses: 1. Residential Use Area: a. Stationary Sidewalk Vendors are prohibited in areas that are zoned exclusively residential. b. Roaming Sidewalk Vendors may operate only from 9:00 a.m. to 8:00 p.m. 2. Commercial Use Area: a. Permitted hours of operation are from 6:00 a.m. to 12:00 a.m. b. If a Stationary Sidewalk Vendor is located in a commercial use area and is within four hundred feet of a residence, Sidewalk Vendor shall comply with the requirements listed above for residential use area. 3. Industrial Use Area: a. Permitted hours of operation are from 6:00 a.m. to 12:00 a.m. b. If a Sidewalk Vendor is located in an industrial use area and is also within four hundred feet of a residence, it shall comply with the requirements listed above for residential use area. 4. Public Parks: a. Stationary Sidewalk Vendors are prohibited in recreational areas as defined in Section 12.12.010 of this Code, public parks, and nature areas. b. Vending is prohibited in nature areas, sports fields, grass areas, landscaped areas, beaches, swimming pool areas, picnic areas, and playground areas. c. Vendors must stay on paved pedestrian paths. d. Vending is prohibited on or from water or air. e. Vendors must abide by all other applicable park rules, including, but not limited to, park closure hours. 9.19.080 - Exemptions. A. Any person engaged in Vending conducted in connection with the operations of a State -certified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Lodi. B. Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale. C. This Chapter shall not apply to the sale or distribution of any newspaper, flier, or handbill. 9.19.090 — Vending Conditions. A. The Vending site shall be maintained in a safe and clean manner at all times. B. No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted in conjunction with the 5 Sidewalk Vendor, except as permitted under the conditional Vendor Permit provisions of Subsection 9.19.050(E). C. Should any other site improvements be needed for Stationary Sidewalk Vending operations, the Sidewalk Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. D. Refuse must be removed at the end of each day. E. The Sidewalk Vendor shall display, in plain view and at all times, current permits and licenses in or on their pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance. F. Any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance used in the course of Vending shall be entirely self- sufficient in regards to gas, water, and telecommunications. G. Should any utility hook-ups or connections to utilities be required, the Sidewalk Vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations. H. The Sidewalk Vendor shall not discharge items from any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance onto the sidewalk, gutter, storm, inlets, streets, public property, or private property without express written consent. 9.19.100 — Health and Sanitation. A. Sidewalk Vendors must comply with all applicable health and safety laws and regulations and obtain all necessary health and safety permits from appropriate regulatory agencies. B. All pushcarts, stands, displays, pedal -driven carts, wagons, showcases, racks, or other nonmotorized conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the Vending operations. Sidewalk Vendors shall pick up all refuse generated by such operation within a twenty -five- foot radius of the Sidewalk Vendor before such pushcart, stand, display, pedal - driven cart, wagon, showcase, rack, or other nonmotorized conveyance is moved. No Sidewalk Vendor shall dispose of any trash or refuse in any public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such Sidewalk Vendor. C. A pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance shall comply with the California Health and Safety Code regarding the availability of adequate toilet and handwashing facilities for use by food service personnel. 9.19.110 - Safety and security. A. No pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance may be left unattended or stored on public property. B. A Sidewalk Vendor may not emit a noise that constitutes a nuisance as set forth in Lodi Municipal Code Section 9.24.020, or that is excessive, offensive, or disturbing, as set forth in Lodi Municipal Code Section 9.24.030. 6 9.19.120 - Applicability of regulations to existing business. The provisions of this Chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this Chapter into law. 9.19.130 — Administrative Penalties. Any person violating any provisions or failing to comply with any of the mandatory requirements of this Chapter is subject to the following penalties: A. Fines. 1. Standard administrative fines. a. An administrative fine of two hundred fifty dollars ($250) for a first violation. b. An administrative fine of five hundred dollars ($500) for a second violation within one year of the first violation. c. An administrative fine of one thousand dollars ($1,000) for each additional violation within one year of the first violation. 2. Reduced administrative fines. The following reduced administrative fine schedule shall apply when a Sidewalk Vendor provides proof of a valid Vendor Permit: a. An administrative fine of one hundred dollars ($100) for a first violation; b. An administrative fine of two hundred dollars ($200) for a second violation within one year of the first violation; and c. An administrative fine of five hundred dollars ($500) for each additional violation within one year of the first violation. B. No Criminal Penalties. 1. The provisions of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated this Chapter shall not be subject to arrest except when otherwise permitted under law. 2. Failure to pay an administrative fine pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. C. Assessment of Fines. 1. When assessing an administrative fine pursuant to this Chapter, the City shall take into consideration the person's ability to pay the fine. The City shall provide the violator with notice of his or her right to request an ability -to -pay determination and shall make available instructions or other materials for requesting an ability -to -pay determination. The violator may request an ability -to -pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. 2. If a violator meets one of the following criteria described in California Government Code section 68632(a) or (b), the city shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter. a. A person receiving public benefits under one or more of the following programs: Supplemental Security Income (SSI) and State Supplementary Payment (SSP) (Welfare and Institutions Code section 12200 et seq.). 7 ii. California Work Opportunity and Responsibility to Kids Act (CaIWORKs) (Welfare and Institutions Code section 11200 et seq.) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program (Welfare and Institutions Code section 10553.25). iii. Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of 'the United States Code) or the California Food Assistance Program (Welfare and Institutions Code section 18930 et seq.). iv. County Relief, General Relief (GR), or General Assistance (GA) (Welfare and Institutions Code section 17000 et seq.). v. Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) (Welfare and Institutions Code section 18937 et seq.). vi. In -Home Supportive Services (IHSS) (Welfare and Institutions Code section 12300 et seq.). vii. Medi -Cal (Welfare and Institutions Code section 14000 et seq.). b. A person whose monthly income is 125 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code. 9.19.140 — Penalties. Suspension/Revocation of Vendor Permit /Conditional Vendor Permit. A. Procedure. In the event of a violation of the regulations of this Chapter, the City Manager or designee shall issue a notice of intent to suspend or revoke the Vendor Permit. The Sidewalk Vendor shall have the right to request a hearing, as provided in Lodi Municipal Code Chapter 1.10, within ten (10) days of service of the notice of intent. If no hearing is requested, the Vendor Permit shall be revoked or suspended upon the expiration of the appeal period set forth in Lodi Municipal Code Chapter 1.10. B. Basis for Suspension/Revocation of Vendor Permit: 1. Any Vendor Permit may be suspended and/or revoked by the City Manager or designee after a review, where it is determined that: a. The Sidewalk Vendor has committed four or more violations of the provisions of this Chapter during the term of the Vendor Permit; or b. The Sidewalk vendor has committed any act or engaged in action, which would constitute grounds for denial of a Vendor Permit pursuant to Subsection 9.19.050(D) of this Chapter; or c. The Sidewalk Vendor has engaged in fraud, misrepresentation, or false statements in conducting the Vending operation or activity; or d. The Sidewalk Vendor has failed to correct a violation under this Chapter within the time period ordered by the City; or 8 e. The Sidewalk Vendor has operated or continued to operate without a Vendor Permit or after a Vendor Permit has been suspended or revoked. C. Basis for Suspension/Revocation of a Conditional Vendor Permit: 1. Any conditional Vendor Permit may be suspended or revoked for: a. Any of the basis to suspend or revoke a Vendor Permit set forth herein; or b. Any violation of the terms of the conditional Vendor Permit. 9.19.150 – Enforcement. The provisions of this Chapter may be enforced by any peace officer, or the Code Enforcement Division of the City Police Department. Section 2. Lodi Municipal Code, Section 12.04.090 "Refusal –Grounds," of Chapter 12.04 "Streets, Sidewalks and Public Places," is hereby repealed in its entirety and re-enacted to read as follows: Section 12.04.090 - Refusal—Grounds. No application will be approved nor permit issued for constructing or maintaining a loading platform upon or in the right-of-way of a public street or for erecting or maintaining therein or thereon a post, pole, column, or structure for support for advertising signs; or for any form of food vending by either stationary or mobile vehicles, carts, or other temporary structures, unless the applicant has obtained a written permit by the City Council to park in the right-of-way pursuant to Section 10.44.080 of this Code; or work that disturbs existing asphalt pavement on streets or alleys that have been resurfaced within the past five years. No application will be approved nor permit issued for encroachments that will adversely impact the health, safety, and welfare of the city or injure other property, whether real or personal. Section 3. Lodi Municipal Code Section 12.12.060, "Commercial Activity," of Chapter 12.12, "Recreational Areas," is hereby repealed in its entirety and re-enacted to read as follows: Section 12.12.060 – Commercial activity. A. No person in a recreational area shall engage in any commercial activity in a recreational area as defined in Section 12.12.010 without a park permit issued by the director or his/her designee as specified in Section 12.16.130. Such prohibition shall include sales activities that encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the department. B. Commercial activities, as defined in Section 12.12.010, are prohibited at Lodi Lake Park, except for those by a licensed concessionaire acting by and under the authority of the director, those associated with a rental of a Lodi Lake Park facility with department permission, or photographers who have obtained a park permit from the department. C. Commercial activities, as defined in Section 12.12.010, are prohibited in all recreational areas on weekends and city holidays except for those made by a licensed concessionaire acting by and under the authority of the director, those 9 associated with a park facility rental with department permission, or photographers who have obtained a park permit from the department. D. The provisions of this Section do not apply to persons engaged in vending activity pursuant to Chapter 9.19 of this Code. Section 4. Lodi Municipal Code Section 12.16.100, "Activity Requiring a Park Permit," of Chapter 12.16, "Permits for Use of City Facilities," is hereby repealed in its entirety and re-enacted to read as follows: 12.16.100 - Activity requiring a park permit. The following activities are prohibited in all recreational areas unless a park permit from the director is issued: A. Any event in which twenty-five or more people are taking part, or any event that is advertised to the public. B. An assembly for the collective participation in, or preparation for, a game, practice, scrimmage, or clinic, for an organized league, affiliation, team or club. C. Any event conducted by a business, its employees or agents. D. Commercial activity as defined in Section 12.12.060, with the exception of vending activity pursuant to Chapter 9.19 of this Code. Section 5. 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 6. 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 7. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 8. 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 10 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. 1960 was introduced at a regular meeting of the City Council of the City of Lodi held October 17, 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. 1960 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 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 Cork, City of Lodi 11 JENNIFER M. FERRAIOLO City Clerk