Loading...
HomeMy WebLinkAboutAgenda Report - January 16, 2019 Public CommentAdopted Resolution No. 2019-02 authorizing the City Manager to execute a Professional Services Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, for DeBenedetti Park site plan design, and appropriating funds in the amount of $65,416.58. C-7 Adopt Resolution Approving Annual Shared Automation Fee Structure for Agreement between City of Stockton and Sirsi Corporation Integrated Library System and Approving Cost -Sharing Fee for Fiscal Year 2018119 ($25,105) (LIB) Adopted Resolution No. 2019-03 approving annual shared automation fee structure for agreement between City of Stockton and Sirsi Corporation Integrated Library System and approving cost-sharing fee for Fiscal Year 2018/19 in the amount of $25,105. C-8 Adopt Resolution Authorizing Cellebrite Training and Appropriate Funds ($8,000) (PD) Adopted Resolution No. 2019-04 authorizing Cellebrite training and appropriated funds in the amount of $8,000. C-9 Monthly Protocol Account Report (CLK) Accepted the monthly Protocol Account Report. C-10 Set Public Hearing for February 6, 2019, to Consider Adopting Resolution Authorizing City Manager to Execute Reimbursement Agreement RA -18-01 for Public Improvements Constructed with Lodi Shopping Center (PW) Set public hearing for February 6, 2019, to consider adopting resolution authorizing the City Manager to execute Reimbursement Agreement RA -18-01 for public improvements constructed with Lodi Shopping Center. C-11 Set Public Hearing for March 20, 2019, to Consider Adopting Resolution Setting Future Water, Wastewater, and Solid Waste Rate Schedules Pursuant to Proposition 218 for Residential, Commercial, and Industrial Customers (PW) This item was pulled from the Consent Calendar pursuant to staffs request and discussed and acted upon at the end of the Regular Calendar. D. Comments by the Public on Non -Agenda Items THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. Public comment may only be made on matters within the Lodi City Council's jurisdiction (Government Code Section 54954.3, Lodi City Council Protocol Manual Section 6.31). The Council cannot take action or deliberate on items that are not on this agenda unless there is an emergency and the need to take action on that emergency arose after this agenda was posted (Government Code Section 54954.2(b)(2)). All other items may only be referred for review to staff or placement on a future Council agenda. Alex Aliferis provided information (filed) regarding the program, Veterans for Child Rescue, an organization created to protect children from sex trafficking, educate the public on this growing problem, and encourage the community and law enforcement to take a zero tolerance stand against this type of activity. He stated this is happening more and more across the country, and it needs to stop. Sandra Starr, teacher at Tokay High School, and three of her students invited Council and the public to attend the NorCal Science Festival on February 2, 2019, from 10 a.m. to 3 p.m. at Tokay High School. Further, they thanked the City of Lodi for its continued support for the festival. Mike Lusk provided a letter (filed) requesting Council vacate the election of Mayor and Mayor Pro Tempore on December 10, 2018, and to revise its ordinances and protocols, as well as the City's website, relating to the selection of Mayor and Mayor Pro Tempore. He requested a written response from the City to his request. Mayor Chandler stated staff will look into his request and provide a response. E. Comments by the City Council Members on Non -Agenda Items Council Member Mounce questioned if staff has addressed the concerns brought up in Mr. Sandborn's recent letter to the City regarding the deplorable conditions on Cherokee Lane and the median. Public Works Director Charlie Swimley stated he spoke with the Streets crew about cleaning up the corridor and landscaping and that staff is working to address it. Council Member Mounce thanked City employees who responded to an emergency water issue over the weekend, as well as responding to a high volume of calls due to the recent storms. She requested an update on the progress of the Patel apartment complex on Main Street and whether it is open for business as many people were displaced when it was damaged. Lastly, Council Member Mounce stated she received a lot of negative feedback on the grant the City received to build tiny houses to address affordable housing. Many feel $1.2 million is excessive to build a few tiny houses, and she suggested other options be explored, such as purchasing and reconverting existing units. Mayor Pro Tempore Kuehne reported on his attendance at the last meeting of the Local Agency Formation Commission (LAFCO), stating the Board conducted a municipal services review for City of Stockton, including reviewing its sphere of influence (SOI), during which it determined Stockton has 27 islands, which is landlocked county property surrounded by city. He stated Lodi has three islands: two off of Harney Lane by Lower Sacramento Road and another at Lodi Memorial Cemetery at Pine Street and Guild Avenue. He stated LAFCO is encouraging cities to reduce its number of islands. He stated Stockton's current SOI has not grown since its last one; in fact, its activity has reduced. Council Member Mounce pointed out that the Grape Festival property is also County property within City limits. In response to Council Member Mounce, Mayor Pro Tempore Kuehne stated Stockton has indicated it no longer plans to extend to Armstrong Road, which City Manager Schwabauer confirmed. Council Member Mounce countered, if Stockton is successful in locating a university college at Eight Mile Road, that will likely change. Council Member Johnson agreed that adding a college or medical complex would likely generate additional growth around the area, despite what Stockton's General Plan currently states. With regard to the grant to build tiny homes, Council member Johnson questioned whether the grant is devoted solely to new construction or if the money could be used to renovate existing structures spread around town rather than just on the east side. Mr. Schwabauer explained that the tiny homes project uses Homeless Emergency Aid Program (HEAP) funds, which is State money that is only eligible for housing homeless individuals and cannot be used on rehabilitation programs. There were two options for the grant: either spend the money on emergency housing with no rules or guidelines for individuals staying at the shelter or construct housing for people who graduated from and were referred by an existing program and were clean and ready to move into transitional housing, which the Homeless Committee believed was more consistent with the community's values. The tiny houses will also be owned and operated by the San Joaquin Housing Authority, which has a positive history and reputation. The Committee further decided against refurbishing existing properties because it does not create new housing in Lodi and would displace those living in the existing structures. Additionally, it decided against building a new construction project due to the high cost. Council Member Nakanishi suggested the City hold a town hall meeting every year regarding the homelessness situation. Mayor Chandler added that Community Development staff be included to provide additional details on the grant. Mayor Pro Tempore Kuehne stated he and the Mayor sit on the Homelessness Committee and Lodi City Council Jan. 16, 2019 Steve Schwabauer- Lodi City Manager Re: Formal request to vacate the election of Mayor and Mayor Pro Tempore on Dec. 10, 2018 and revise City Ordinances and Protocols. This is not meant to be personal, but a point of order. During the last 4 or 5 years I have watched acrimony within the Council and a change is in order. This is a formal request that the election for Mayor and Mayor Pro -Tempore on Dec. 10, 2018 Lodi City Council Meeting be vacated on a Technicality. The technicality revolves around Lodi City Ordinance No. 1949 dated March 7, 2018 Sec. 8 attached. "Section 8 Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist." City of Lodi ordinances considered in conflict and out of date are: "Lodi Code of Ordinances—Title 2 Chapter 2.04.070 Presiding Officer— Mayor—Mayor Pro Tempore" "City of Lodi Council Protocol Manual—Chapter 3: Council Organization ---3.2: Reorganization" "Lodi City Council Webpage---The City Council in Lodi consists of five members elected at -large by its voters. Council Members hold four-year terms. Elections for members of the Council are held in November of even -numbered years. Each year, the Mayor and Mayor Pro Tempore are chosen by the members of the City Council. The Mayor presides at Council meetings and acts as the ceremonial head of the City. The Mayor Pro Tempore serves as Mayor in the absence of the Mayor. The City Council establishes local laws, sets policies, approves programs, Page 1 of 20 The lawsuits filed by the Mexican American Legal Defense and Educational Fund (MALDEF) established the argument for these changes as outlined. Therefore, require the City of Lodi to change the wording of Lodi Code of Ordinances, Chapter 2.04.070 Presiding Officers---Mayor---Mayor Pro Tempore to read The presiding Officer of the Council shall be Mayor who has been elected by District to the Lodi City Council at the first regular meeting in conjunction with the Statewide General Election in even numbered years. In the years where there is no General Statewide Election, the Mayor shall be appointed at the first regular meeting in December. The appointment to Mayor shall be by sequential District elected Council Member for a period of one (1) year. The following year each Council Member in District sequence will be appointed as Mayor from the Mayor Pro Tempore position. Example: Five (5) Council Districts, District 1 first appointed Mayor, District 2 appointed Mayor Pro Tempore; Year two (2) District 2 Council Member Mayor Pro Tempore is appointed to Mayor for one (1) year and District 3 Council -Member appointed tcAMayor Pro Tempore. Year three (3) District 3 Council Member Mayor Pro Tempore is appointed to Mayor for one (1) year and District 4 Council Member appointed to Mayor Pro Tempore. Year four (4) District 4 Council Member Mayor Pro Tempore is appointed to Mayor for one (1) year and District 5 Council Member appointed to Mayor Pro Tempore. So on and so on At no time will the same District Council Member serve as Mayor or Mayor Pro Tempore for more than one (1) year term in any five (5) year period. Page 4 of 20 "If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor shall preserve strict order and decorum at all regular and special meetings of the council. He shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively determine such question of order. He shall sign all ordinances adopted by the council during his presence. In the event of the absence of the mayor, the mayor pro tempore shall sign ordinances as then adopted." (existing paragraph of 2.04.070). The one (1) in five (5) year rule will also apply in the instance of a Council Member moving into a different District and being elected in the new district as a result of a change of residence; or the ten (10) year redrawing of District boundaries. Change to read: City of Lodi Council Protocol Manual—Chapter 3: Council Organization 3.2: Reorganization Pursuant to Lodi Municipal Code Section 2.04.070 "Presiding Officer—Mayor— Mayor Pro Tempore", the reorganization of the Council shall occur annually at the first regular Council meeting in December by appointment as prescribed in Lodi Municipal Code Section 2.04.070. In years of redrawing of District boundaries the five (5) year repeat rule shall apply and progress to the next District Council Member in sequence who falls outside of this five (5) year rule. Thereby precluding gerrymandering or power brokering by District. This allows for fair and equal representation for all Districts. In fairness the first rotation should be determined by a random drawing of the District number. Example: If District 4 is picked the Council Member will be appointed to Mayor and District 5 Council Member will be appointed to Mayor Pro Tempore and rotation yearly will begin, etc. 3.3 deleted entirely. The City Of Lodi webpage updated accordingly. Page 5 of 20 I would like the City Of Lodi to respond in writting to this notice within 15 days of receipt. Respectfully Michael G. Lusk 2518 Colony Dr. Lodi, Calif. 95242 Page 6 of 20 CITY SOURCES. ORDINANCE NO. 1949 AN ORDINANCE OF THE LODI CITY COUNCIL ESTABLISHING AND IMPLEMENTING BY -DISTRICT ELECTIONS AND AMENDING CHAPTER 1.12 OF THE LODI MUNICIPAL CODE TO PROVIDE FOR CITY COUNCIL ELECTIONS BY DISTRICTS WHEREAS, the City of Lodi supports the full participation of all citizens in electing members of the City Council; and WHEREAS, the City of Lodi currently elects its five (5) members of the City Council using an at -large election system, where candidates may reside in any part of the City and each member of the City Council is elected by the voters of the entire City; and WHEREAS, Califomia Government Code Section 34886u permits the City Council to change the City's method of election by ordinance to a "by -district" system in which each member of the City Council is elected only by the voters in the district in which the candidate resides, in accordance with the California Government Code section 34871(c); and WHEREAS, under the provisions of California Elections Code Section 10010, a city that changes from an at -large city council method of election to a by -district city council method of election requires a total of five public hearings, which includes at least two public hearings regarding potential voting district boundaries prior to the release and consideration of any draft voting district maps, and two public hearings following the release of draft voting district map(s); and WHEREAS, at a regular meeting of the City Council held on December 12, 2017, the City Council adopted Resolution No. 2017-223 that initiated the process of establishing a by -district election system and adopted the timeline for implementation; and WHEREAS, thereafter, at regular meetings of the City Council held on December 20, 2017 and January 17, 2018, pursuant to California Elections Code Section 10010(a)(1), the City Council held public hearings where the public was invited to provide input regarding the composition of the City's voting districts before any draft maps were drawn, and the City Council considered and discussed the same; and WHEREAS, at a regular meeting of the City Council held on December 20, 2017, the City Council adopted Resolution No. 2017-232 setting forth the mandatory and permissive criteria to be considered when drawing voting district maps; and WHEREAS, thereafter at special and regular meetings of the City Council held on January 31, 2018 and February 7, 2018, respectively, pursuant to California Elections Code Section 10010(a)(2), the City Council held public hearings where the public was invited to provide input regarding the content of the draft maps that had been released at least seven (7) days before each meeting, as well as the proposed sequence of elections, and the City Council considered and discussed the same; and WHEREAS, at the special meeting of the City Council of the City of Lodi held on February 13, 2018, the City Council directed staff to draft an ordinance adopting the voting district map known as Map 119d and a sequence of elections whereby Council Districts D1, D2, and D3 seats will be placed on the 2018 ballot, and Council Districts D4 and D5 seats on the 2020 ballot; and Page 7 of 20 Section 15060(c)(3) (the activity is not a project as defined in Section 15378), and Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for causing a significant effect on the environment. Section 8. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 9. Effective Date. This Ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect on April 7, 2018. Attest: ifNIFER FERRAIOLO�� ¢ y Clerk Approved this 7th day of March, 2018 ALAN NAKANISH 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. 1949 was introduced at a regular meeting of the City Council of the City of Lodi held February 21, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held March 7, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, and Mayor Nakanishi NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1949 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: - - --Th JANICE D. MAGOICH City Attorney 4 Page 10 of 20 City of Lodi 2018 Districting Map 119d Map layers 119d Census Block _ j Downtown Wafer Area Surcets ----- Railraad Rit•cr eQ 9= - �ti�rK .F ww N Iii. f. 1.10101}/14 7. Ily��n Y r0. 1... Di, DeRsr rL. - i'cl—.{rn r.. - °QV _ I c II xAft. Fes+ .1- 2' n.:....ir. a ..1-...--4.d..- -n .;y H=,ar a -i�• r.n w .aar. 44 Y w ,.t 4Yht} Y`° 3i 71AIn,.1.• yRna.s F ` 1...14,1141,01 F.� 41...0 Or i � t Jw. y ar,r .ri i AU. rr l.----tr.. 55 r"r..Y lr 14.i.Fs-H • 3v••l1--+'cl. Y '+I.w...•s - - - • I.ILaesM _ ttanv•+n•; --=3 v lArl[. I. r1.F-. '_ - - >r ur.•i, 4. .0 Ora s' rr •Is dam'' t"••••,i Jr ,r WI.G A...C....., National Demographics Corporation, February 9, 2018 5. • City of Lodi - Adopted Map 119d District 1 1 2 3 4 5 Total ltdsal Total Pop 12.602 12,311 17,388 12.525 12,298 62,134 12,427 Deviation from ideal 175 -116 -29 98 -129 304 Deviation 1.41% 4193% -0.23% 0.79% -1.04% 2.45% Total Pop %l{isp 17% 30% 24% 72% 39% 36% % NH White 73% 63% 67% 16% 48% 53% %NH Black t% 1% 1% t% 1% 1% %Asian-American 8% 4% 6% 10% 9% 7% Citizen Voting Age Pop Total 9,548 8,878 9,267 4,,147 8,165 40,003 °lot-lisp 17% 16% 14% 50.6% 25% 21% %NH White 73% 77% 75% 35% 62% 68% %NH ©lack 1% 1% 1% 2% 2% 1% 8% %Asian/Pac.lsl. 8% 5% 9% 11°/. 9% Voter Registration (Nov2016) Total 8,317 6,844 7,2115 2,923 5,761 31,128 % Latino est. 13% 20% 17% 50% 30% 22% %Asian-Surnamed 4% 3% 3% 8% 7% 5% 44lrGp1oo'Soi nampl 1% 1% 1% 1% 1% 1% %NH White tat. r 740/0 70% 75% 36% 55% 66% °/a NH Algck 10/, 1 % 1% 1% 2% 1% Voter Turnout (Nov 2016) Total 6,653 • 5,027 5,443 1,643 4.005 22,768 %Latino 12% 17% 1504 485o 27% 19% %Asian-Surnamed 4% 3% 3% 9%t 6% 4/ %Filipino-Surnamed 1% 1% 1% 1% 1% 1% '-v NIT Whip¢ est. 76% 72% 781 38% 58% 70% %NI-1Black 1% 1% 1% l' 2% 1% Voter Turnout (Nov 2014) Total 4,321 3,027 3,235 669 2,280 13,581 %Latino t 9% 11% 9% 38% 17% 12% °A Asian-Surnamed 4% 30/0 3% 6% 5% 4% °J°Ftlpino-Surnamed 1% 1% 1% 1% t% 1% ./o NH White est. 80% 80% 82% 47% 66% 77% ./o NH Black est 0% 0% 1% 1% 355 1% ACS Pop. Est Total 13,165 12,481 12,899 11,985 12,904 63,434 Age age0-19 26% 27% 26% 390/0 32% 30% aec20-60 49% 49% 50% 51% 540/0 50% age60plus 25% 24% 25% 10% 14% 20% Immigration imrn<irants naturalized 13% 11% 12% 39% 23% 19% 64% 57% 59% 23% 48% 43% Language spoken at home .-._ _ _ english 79% 79% B0% 27% 59% 66% spanish 12% 15% 13% 62% 30% 25% asian-long 4751 2% 2% 1% 4% 3% other lang 51 4% 6% 11% 8% 7% Fluency nLanguage Sth an VeEry cllakV Ltry Wells," th 9% 9% 8% 40% 20% 16% Isducation (among those age 25+) - in-gra d ego-70% - W 49% 60%- - 62% bachelor 19% 11% 10/0 .- 40/0 9% 12% graduatedegrcc child-undcr18 11% 31% 6% 29% 8% 28% 1% 48% 5% 44% 7% 350/0 Child in Household Pct of Pop. Age 16+ employed income 0-25k 54% 15% 55% 25% 54% 26% 501/4 43% 59% 23% 54% 25% Household Income incmue-2S3011 19% 26% 28', 32% 27% 26% inCBme 53.75k 21% 22% 17% 13% 20% 19% _ income 75-200k 38% 24% 26% 12% 28% 27% income 200k-plus 7% 3% 3% 0% 2% 3% Housing Stats tmglc femikk 84% 79% 74% 55% 69% 74% Intilp-fxml7x. 16% 21% 26% 45% 31% 26% - rented 30% 42% 44% 711/4 50% 46% wncd 70% 58% 56% 29% 50% 54% Total Ottdad(M data from the 2010 l).ant4t Cexiata 4arranse.Ltt,r1 Vara&skinli,a mai Turnout data from the California Sra ewide Database IAiwa anncrregistration/oil swarm dna atea'pa,sr/h.rmstass saunas adjwerd auk Cetmx I'apoIoimaDep/t[mral ,,Srnptan rat:nay. NH While and NH Black registration and tumour count, esti mat d by NDC. Citizen Voting Age Frr� Age, Immigration, ails, demographics from the. 2011-2015 American Crnnnunity Survey and Spec Tabulation 5-year dad. and (End of resolution on ordinance no.1949) Page 12 of 20 1 Code of Ordinances 1 Lodi, CA 1 Municode Library Code of Ordinances Code of Ordlnances LODI, CALIFORNIA- MUNICIPAL CODE SUPPLEMENT HISTORY TABLE > Title 1 - GENERAL PROVISIONS Lodi, CA Code of Ordinances modlfled modlfled] > Title 2 -ADMINISTRATION AND PERSONNEL Gr > Title 3 - REVENUE AND FINANCE n3c > Title 5 - PERMITS AND REGULATIONS > Title 6 - ANIMALS > Title 8 - HEALTH AND SAFETY > Title 9 - PUBLIC PEACE, MORALS AND WELFARE > Title 10 - VEHICLES AND TRAFFIC > Title 12 - STREETS, SIDEWALKS AND PUBLIC PLACES > Title 13 - PUBLIC SERVICES > Title 15 - BUILDINGS AND CONSTRUCTION > Title 17 - DEVELOPMENT CODE modlfled I modlfled STATUTORY REFERENCES FOR CALIFORNIA CITIES CROSS-REFERENCE TABLE ORDINANCE LIST AND DISPOSITION TABLE CODE COMPARATIVE TABLE AND DISPOSITION LIST Code of Ordinances Supplement 50 Online content updated on October 29, 2018 modified] LODI MUNICIPAL CODE Codified through Ordinance No. 1958, passed October 3, 2018. (Supp. No. 50) rr VIEW WHATS CHANGED IE BROWSE TABLE OF CONTENTS Page 13 of 20 Page 1 of 2 Q I -6-CD 4 Q Page 3 of 28 6. MEETING GUIDELINES & PROCEDURES 6.1 Attendance / Quorum 6.2 Meeting Dates and Location 6.2a Regular Meetings & Informal Informational (Shirtsleeve) Sessions 6.2b Special/Joint/Adjourned/Emergency Meetings 6.3 Agenda / Council Meeting 6.3a Agenda Packet Preparation 6.3b Placing Items on the Agenda 6.3c Order of Agenda Items 6.3d Agenda Posting 6.3e Americans with Disabilities Act Statement 6.3f Limitation to Act Only on Items on the Agenda 6.3g Supplemental Information ("Blue Sheet" Items) 6.3h Closed Session 6.3i Invocations 6.3j Presentations 6.3k Consent Calendar 6.31 Public Comments 6.3m Council Comments on Non-Agenda Items 6.3n Public Hearings 6.3o Regular Calendar 6.3p Ordinances 6.3q Resolutions 6.3r Minute Motion 6.3s Agency Meetings (LPIC, IDA, LFC, RDA) 6.3t Council Communications / Staff Reports 6.3u Submitted Materials at Meetings are Public Record 6.3v Electronic Mail Communications, Prohibited during Meetings 6.3w Minutes 6.4 Rules of Conduct 6.4a Discussion Rules 6.4b-Council-Comments (Related-to-Items-on-the Agenda)- 6.4c Speaker Time Limits 6.4d Council Questions of Speakers 6.5 Decorum 6.5a Council Members / Council Appointees 6.5b City Employees 6.5c Public 6.5d Noise in the Chamber 6.6 Use of Council Chamber City Council Protocol Manual Page 4 of 28 7. COMMUNICATIONS 7.1 Processing and Delivering of City Council Mail by City Clerk's Office 7.2 Council Calendar 7.3 Citizen Complaint Process 7.4 Use of City Letterhead or City Seal 7.5 Communications with Staff 7.6 Complaints Regarding Performance of Staff 7.7 Handling of Litigation / Confidential Information 7.8 Representing Majority vs. Individual Opinion Page 16 of 20 7.9. Legislative Communications at the Request of City-Affiliated Organizations 8. CONFLICT OF INTEREST / ECONOMIC DISCLOSURE REQUIREMENTS FOR PUBLIC OFFICIALS 8.1 Conflict of Interest 8.2 Statements of Economic Interest 8.3 Make and Participate in Making a Decision 8.4 Provision of Advice from City Attorney regarding Conflict of Interest 8.5 Using Official Position to Influence APPENDIX: Reference Table of Amendments EXHIBIT A: Chapter 2.04, "City Council Meetings" EXHIBIT B,: Resolution 2006-31 Establishing Rules for the Conduct of Meetings, Proceedings and Business EXHIBIT C: Resolution 2004-115 Adopting City of Lodi Code of Ethics and Values EXHIBIT D: Resolution 2009-146 Adopting Policy Regarding Legislative Invocations Before Meetings of the Lodi City Council City Council Protocol Manual Page 5 of 28 (End of table of content) Page 17 of 20 (existing manual) Page 6 and 7 of 28 City Council Protocol Manual 3. COUNCIL ORGANIZATION 3.1 Newly -Elected Members Newly -elected Council Members are sworn into office generally at the first regular Council meeting in December following a regular municipal election. Immediately upon election (even before being sworn into office), newly -elected Council Members are subject to the provisions of the Brown Act. Newly -elected Council Members shall not be allowed to attend closed sessions before being sworn into office. 3.2 Reorganization Pursuant to Lodi Municipal Code Section 2.04.070, "Presiding officer— Mayor—Mayor Pro Tempore," the reorganization of the Council shall occur annually at the first regular Council meeting in December by electing a Mayor and Mayor Pro Tempore. City Council Protocol Manual Page 7 of 28 A community reception honoring the incoming Mayor, outgoing Mayor, and Council Members is traditionally held immediately following the reorganizational meeting. 3.3 Selection of Mayor and Mayor Pro Tempore The term of office for the Mayor and Mayor Pro Tempore shall be one year. A majority vote of the Council is necessary to designate a Mayor and Mayor Pro Tempore. The election of the Mayor and Mayor Pro Tempore will take place as follows: • City Clerk will conduct the election for the office of Mayor. • Following the election, the City Clerk will turn over the gavel to the newly -elected Mayor, who will then conduct the election for the office of Mayor Pro Tempore. Page 18 of 20 • • • Chapter 2.04 CITY COUNCIL MEETINGS Sections: 2.04.010 Regular meetings—Day and time. 2.04.020 Informal informational meetings. 2.04.030 Meeting place. 2.04.040 Meetings to be public. 2.04.050 Special meetings. 2.04.060 Quorum. 2.04.070 Presiding officer— Mayor—Mayor pro tempore. 2.04.080 Call to order— Temporary chairman. 2.04.090 Roll call. 2.04.100 Order of business -- Assembly of officers. 2.04.110 Reading and approval of minutes. 2.04.120 Rules of debate. 2.04.130 Addressing the council. 2.04.140 Voting. 2.04.150 Decorum. 2.04.160 Persons allowed within rail. 2.04.170 Entry of dissent in minutes. 2.04.180 Preparation of agendas. 2.04.190 Closed sessions— Confldentlality. 2.04.010 Regular meetings—Day and time. Regular meetings of the council shall be held on the first and third Wednesday of each month at seven p.m.; provided, howev- er, that any such regular meeting at which a closed session is to be held may be com- (Existing manual exhibit A) EXHIBIT A 2.04.010 menced, for the holding of such closed session, at such earlier time on the meeting day as may be noticed on the council's agenda and posted at least seventy-two hours in advance of such earlier commence- ment time. In the event of any such earlier commencement of a regular meeting for the purpose of holding a closed session, no other items of business on the council's meeting agenda shall be addressed before seven p.m. In case the regular meeting falls upon a legal holiday, then the regular meet- ing which otherwise would have occurred on that day shall be held on the first busi- ness day thereafter at the hour of seven p.m. (Ord. 1699 § 1, 2001) 2.04.020 Informal informational meetings. Informal informational meetings of the city council shall be held on each Tuesday morning of each month at the hour of seven a.m. in the council chambers of the city or at such location and at such time as the council may deem appropriate, subject to notice requirements as provided by law. No formal action shall be taken by the city council at such meetings. The city manager, city attorney, department heads and mem- bers of the public, as the council may re- quest, shall be present and present such information as may be deemed desirable. (Ord. 1594 § 1 (part), 1994) 2.04.030 Meeting place. All regular meetings of the council shall be held in the council chambers, Carnegie Forum Building, Lodi, California, or at such other place as the council may deem appro- priate, subject to notice requirements as provided by law. If by reason of fire, flood, earthquake or other emergency, it is unsafe 11 Page 19 of 20 (Lodi 7.01) 2.04.030 • to meet in the place so designated, the meetings may be held for the duration of the emergency at such place as is designat- ed by the mayor. (Ord. 1594 § 1 (part), 1994) 2.04.040 Meetings to be public. All meetings of the council shall be open to the public. (Ord. 1594 § 1 (part), 1994) 2.04.050 Special meetings. At any time the mayor or three city council members may call a special meeting by delivering written notice to each member and to each local newspaper of general circulation, radio or television station re- questing notice in writing, such notice to be delivered personally or by mail at least twenty-four hours before the time of such meeting. Written notice may be dispensed with if a representative of the newspaper, radio or television station is present at the meeting and if all council members give their written consent to the meeting and the consent is filed in the city clerk's office when the meeting is held. A council mem- ber may give such consent by telegram. (Ord. 1594 § 1 (part), 1994) 2.04.060 Quorum. A majority of all members elected to the council shall -constitute -a quorum any regular or special meeting of the council. Unless otherwise required by law, a simple majority of the members present may take action or adopt ordinances or resolutions. (Ord. 1594 § 1 (part), 1994) 2.04.070 Presiding officer— Mayor—Mayor pro tempore. The presiding officer of the council shall 7-01) 12 be the mayor who shall be elected by the council annually at the fust regular meeting after the canvass of votes done in conjunc- tion with the statewide general election in even -numbered years. In years where there is no general statewide election, the mayor shall be elected at the first regular meeting in December. At the time of the election of the mayor, one of the members of the coun- cil shall be chosen as mayor pro icinpore. If the mayor is absent or unable to act, the mayor pro tempore shall serve until the mayor returns or is able to act. The mayor shall preserve strict order and decorum at all regular and special meetings of the coun- cil. He shall state every question coming before the council, call for the vote, an- nounce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the coun- cil, in which event a majority vote of the council shall govern and conclusively deter- mine such question of order. He shall sign all ordinances adopted by the council during his presence. In the event of the absence of the mayor, the mayor pro tempore shall sign ordinances as then adopted. (Ord. 1594 § 1 (part), 1994) 2.04.080 Call to order—Temporary chairman. The -mayor, or -in -his/her- bsenee the mayor pro tempore, shall take the chair at the hour appointed for the meeting, and shall immediately call the council to order. In the absence of the mayor or mayor pro tempore, the city clerk, or the acting city clerk shall call the council to order where- upon a temporary chairperson shall be elect- ed by the members of the council present. Upon the arrival of the mayor or mayor pro tempore, the temporary chairperson shall Page 11 and 12 of Exhibit A of City Council Protocol Manual Page 20 of 20