Loading...
HomeMy WebLinkAboutAgenda Report - October 20, 2021 I-02AGENDA ITEM 1-02 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1986 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, 'City Manager,' by Repealing and Reenacting Section 2.12.060(T) Relating to Contract Authority of the City Manager for Lodi Electric Utility Inventory Purchases" MEETING DATE: PREPARED BY: October 20, 2021 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1986. BACKGROUND INFORMATION: Ordinance No. 1986 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, 'City Manager,' by Repealing and Reenacting Section 2.12.060(T) Relating to Contract Authority of the City Manager for Lodi Electric Utility Inventory Purchases," was introduced at the regular City Council meeting of October 6, 2021. 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. JC/PMF Attachment Jennifer Cusmir Jennifer Cusmir City Clerk APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfilv01\administration$\Shared\cityclerk\Agenda\2021\102021\CLK - Ord 1986\Ordinance2 doc ORDINANCE NO. 1986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — CHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.060(T) RELATING TO CONTRACT AUTHORITY OF THE CITY MANAGER FOR LODI ELECTRIC UTILITY INVENTORY PURCHASES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, "City Manager," is hereby amended by repealing and reenacting Section 2.12.060(T) relating to contract authority of the City Manager and shall read as follows: 2.12.060 (T) Contracts: To execute on behalf of the City, without City Council approval, contracts, as defined in Lodi Municipal Code 3.20.015, in the amount of twenty thousand dollars or less, and to delegate authority to subordinate officers and employees to execute contracts without city council or city manager approval contracts in the amount of fifteen thousand or less to the Public Works Director or designee, fifteen thousand or less to the Electric Utility Director or designee and ten thousand dollars or less to all other directors or designees. Nothing in this section shall allow departure from the other purchasing requirements of Chapter 3.20 of this Code. For contracts of not less than ten thousand nor greater than twenty thousand the City Manager shall quarterly prepare for the city council a report which includes a list of the contracts into which the city has entered during the previous three months. No contract shall be split into smaller segments to avoid the provisions of this subsection. (Government Code § 4526, Public Contract Code § 10359) 1. Lodi Electric Utility Inventory Purchases. City Manager shall have authority to purchase and/or contract for Lodi Electric Utility Department inventory items up to a maximum amount of two hundred fifty thousand dollars per transaction to address supply chain challenges. The city manager shall quarterly prepare for the city council a report which includes a list of the purchases and/or contracts in excess of ten thousand dollars into which the city has entered during the previous three months. The Purchasing System set forth in Chapter 3.20 of this Code is suspended as it relates to the purchase of Lodi Electric Utility inventory items under this subsection. This Sub -section 2.12.060(T)(1) shall terminate on December 31, 2023, unless terminated at an earlier date or extended by action of the city council. 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. 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 30 days from and after its passage and approval. Approved this 20th day of October, 2021. ALAN NAKANISHI Mayor Attest: City Cler State of California County of San Joaquin, ss. I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1986 was introduced at a regular meeting of the City Council of the City of Lodi held October 6, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 20, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1986 was approved and signed by the Mayor of the date of its passage and the same has been published pursuant to law. Approved as to Form JAai7MAGDICH City Attorney 2 f� JENNIF R CUSMIR 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 INSTRUCTIONS SUBJECT: FULL TEXT OF ORDINANCE NO. 1986 PUBLISH DATE: SATURDAY, OCTOBER 23, 2021 iq =cc"' wl TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, OCTOBER 21, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLItt CLAYTON ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOUI! Emailed to the Sentinel at classified1@lodinews.com at )Q'. Z0 {time) on (date) \\cvcfilv0l\administration$\Administration\CLERK\OrdSummaries\Advins full text.doc ORDINANCE NO. 1986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — CHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.060(T) RELATING TO CONTRACT AUTHORITY OF THE CITY MANAGER FOR LODI ELECTRIC UTILITY INVENTORY PURCHASES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, "City Manager," is hereby amended by repealing and reenacting Section 2.12.060(T) relating to contract authority of the City Manager and shall read as follows: 2.12.060 (T) Contracts: To execute on behalf of the City, without City Council approval, contracts, as defined in Lodi Municipal Code 3.20.015, in the amount of twenty thousand dollars or less, and to delegate authority to subordinate officers and employees to execute contracts without city council or city manager approval contracts in the amount of fifteen thousand or less to the Public Works Director or designee, fifteen thousand or less to the Electric Utility Director or designee and ten thousand dollars or less to all other directors or designees. Nothing in this section shall allow departure from the other purchasing requirements of Chapter 3.20 of this Code. For contracts of not less than ten thousand nor greater than twenty thousand the City Manager shall quarterly prepare for the city council a report which includes a list of the contracts into which the city has entered during the previous three months. No contract shall be split into smaller segments to avoid the provisions of this subsection. (Government Code § 4526, Public Contract Code § 10359) 1. Lodi Electric Utility Inventory Purchases. City Manager shall have authority to purchase and/or contract for Lodi Electric Utility Department inventory items up to a maximum amount of two hundred fifty thousand dollars per transaction to address supply chain challenges. The city manager shall quarterly prepare for the city council a report which includes a list of the purchases and/or contracts in excess of ten thousand dollars into which the city has entered during the previous three months. The Purchasing System set forth in Chapter 3.20 of this Code is suspended as it relates to the purchase of Lodi Electric Utility inventory items under this subsection. This Sub -section 2.12.060(T)(1) shall terminate on December 31, 2023, unless terminated at an earlier date or extended by action of the city council. 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. 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 30 days from and after its passage and approval. Approved this 20TH day of October, 2021. ALAN NAKANISHI Mayor Attest: JENNIFER CUSMIR City Clerk State of California County of San Joaquin, ss. I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1986 was introduced at a regular meeting of the City Council of the City of Lodi held October 6, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 20, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1986 was approved and signed by the Mayor of the date of its passage and the same has been published pursuant to law. JENNIFER CUSMIR City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney 2 CLh HOOF DECLARATION OF POSTING ORDINANCE NO. 1986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — CHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.060(T) RELATING TO CONTRACT AUTHORITY OF THE CITY MANAGER FOR LODI ELECTRIC UTILITY INVENTORY PURCHASES On Monday, October 25, 2021, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1986 (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 25, 2021, at Lodi, California. 2L Pamela M. Farris Assistant City Clerk ordsummariesWDecPos[.doc ORDERED BY. JENNIFER CUSMIR CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 1986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE TITLE 2 — ADMINISTRATION AND PERSONNEL — CHAPTER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.060(T) RELATING TO CONTRACT AUTHORITY OF THE CITY MANAGER FOR LODI ELECTRIC UTILITY INVENTORY PURCHASES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Title 2 — Administration and Personnel — Chapter 2.12, "City Manager," is hereby amended by repealing and reenacting Section 2.12.060(T) relating to contract authority of the City Manager and shall read as follows: 2.12.060 (T) Contracts: To execute on behalf of the City, without City Council approval, contracts, as defined in Lodi Municipal Code 3.20.015, in the amount of twenty thousand dollars or less, and to delegate authority to subordinate officers and employees to execute contracts without city council or city manager approval contracts in the amount of fifteen thousand or less to the Public Works Director or designee, fifteen thousand or less to the Electric Utility Director or designee and ten thousand dollars or less to all other directors or designees. Nothing in this section shall allow departure from the other purchasing requirements of Chapter 3.20 of this Code. For contracts of not less than ten thousand nor greater than twenty thousand the City Manager shall quarterly prepare for the city council a report which includes a list of the contracts into which the city has entered during the previous three months. No contract shall be split into smaller segments to avoid the provisions of this subsection. (Government Code § 4526, Public Contract Code § 10359) Lodi Electric Utility Inventory Purchases. City Manager shall have authority to purchase and/or contract for Lodi Electric Utility Department inventory items up to a maximum amount of two hundred fifty thousand dollars per transaction to address supply chain challenges. The city manager shall quarterly prepare for the city council a report which includes a list of the purchases and/or contracts in excess of ten thousand dollars into which the city has entered during the previous three months. The Purchasing System set forth in Chapter 3.20 of this Code is suspended as it relates to the purchase of Lodi Electric Utility inventory items under this subsection. This Sub -section 2.12.060(T)(1) shall terminate on December 31, 2023, unless terminated at an earlier date or extended by action of the city council. 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. 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 30 days from and after its passage and approval. Approved this 20th day of October, 2021. ALAN NAKANISHI Mayor Attest: JENNIFER CUSMIR City Clerk State of California County of San Joaquin, ss. I, Jennifer Cusmir, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1986 was introduced at a regular meeting of the City Council of the City of Lodi held October 6, 2021, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held October 20, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1986 was approved and signed by the Mayor of the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney K JENNIFER CUSMIR City Clerk