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HomeMy WebLinkAboutAgenda Report - October 17, 2018 I-01TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM 1-01 Ordinance No. 1959 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 — Administration and Personnel — by Repealing and Re -Enacting Section 2.12.120, 'Disposition of Surplus Personal Property,' in Its Entirety" October 17, 2018 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1959. BACKGROUND INFORMATION: Ordinance No. 1959 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 — Administration and Personnel — by Repealing and Re -Enacting Section 2.12.120, 'Disposition of Surplus Personal Property,' in Its Entirety," was introduced at the regular City Council meeting of October 3, 2018. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. JMF/PMF Attachment ;YY\.�gtaeod nnifer IIJ erraiolo City Clerk APPROVED: jr— Stephensh +,,bauer, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinancel.DOC 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 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and Personnel — Chapter 2.12, "City Manager," Section 2.12.120, "Disposition of Surplus Personal Property," is hereby repealed in its entirety and re-enacted to read as follows: Section 2.12.120 - Disposition of surplus personal property.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. 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 17th day of October, 2018 , Attest: JNIFER City Clerk FE RAIOLO ALAN NAKANISHI Mayor State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 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 October 17, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 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. Approve as to F JOHN P. FUKASAWA Deputy City Attorney NIFER . FERRAIOLO City Clerk Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING 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. 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 18, 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 18, 2018, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris - Sylvia Dominguez Deputy City Clerk Administrative Clerk ordsummaries\aaDecPost. doc 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 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. 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 17th day of October, 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 October 17, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 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 TEAR SHEETS WANTED: One 11)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. FAR' IS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this egal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT THANK YOU!! Emailed to the Sentinel at classified)@Iodinew:;.corn at f D S" (time) on rU (date) INS Phoned to confirm receipt of all pages at (time) PMF S (initials) N:\Administration\CLERK\OrdSummaries\Advins.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. 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. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK C: Pamela M. Farris Elizabeth Burgos Deputy City Clerk . Administrative Clerk ordsummaries\aaDecPost.doe 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 SURPLUS PERSONAL PROPERTY," IN ITS ENTIRETY � 7 EXi�l 0 a F, F Y 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. 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 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