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Home My WebLink AboutAgenda Report - April 20, 2022 I-03CITY OF tgq • z v CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM I sm 3 AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 2.14 "City Attorney" by Repealing and Reenacting Section 2.14.010 "City Attorney" and Adopt Resolution Rescinding Resolution 2011-134 and Authorizing Specified Positions Monetary Settlement Authority Relating to General Liability Claims MEETING DATE: PREPARED BY: April 20, 2022 Deputy City Manager RECOMMENDED ACTION. Introduce ordinance amending Lodi Municipal Code Chapter 2.14 "City Attorney" by repealing and reenacting Section 2.14.010 "City Attorney" and adopt resolution rescinding Resolution 2011-134 and authorizing specified positions monetary settlement authority relating to general liability claims. BACKGROUND INFORMATION: The City Attorney currently has operated with a contract authority of $10,000 for purchasing goods and services without advanced City Council approval. This authority level is granted to the City Manager in section 2.12.060(T) of the Lodi Municipal Code by ordinance adopted in 2011 which it is anticipated will be modified by an Ordinance introduced on April 6, 2022 that will have its second reading later on this agenda. Assuming approval, the City Attorney's contract authority will be increased to $30,000. The City of Lodi is a complex full service City with significant, various and challenging regulatory, contract and legal service needs. The City Attorney's office operates with two full time attorneys and one administrative staff to serve the needs of the approximately 400 full time employees and City Council. It is essential that specialized work be contracted to outside Council to ensure continuity of business operations and the proper attention is paid to complex legal problems that arise. Legal matters are time sensitive and confidential. By nature, the specialization and scope of the issues that arise cannot always be anticipated. Often, the need to move swiftly to resolve matters is paramount to a successful outcome that is advantageous to the City's interests. Legal and related services have substantially increased in cost since 2011. The requested modification to Section 2.14 of the Lodi Municipal Code will grant the City Attorney equal purchasing authority for legal or related services necessary to perform the duties of the City Attorney's office equal to the purchasing authority granted to the City Manager. This authority will allow the City Attorney to operate swiftly when needed to add services to address the City's legal needs as well as independently to investigate issues that may arise. In addition to the need for additional authority for general legal services, staff recommends rescinding Resolution 2011-134, also adopted in 2011 and reenacting a new resolution setting settlement authority limits for the City APPROVED: iteveschw- er(Apr8,202221:31PDT Stephen Schwabauer, City Manager Manager, City Attorney and Risk Manager. Resolution 2011-134 set those settlement authority limits for general liability claims at the then current purchasing limits of $20,000 for the City Manager and City Attorney and $10,000 for the Risk Manager. With the increase in purchasing authority to $60,000 for the City Manager, $30,000 for the Risk Manager and recommended increase to $60,000 for the City Attorney, it is recommended to make the same increase to the claims settlement authority. This will allow for more efficient and cost effective settlement solutions for the City on liability claims. Fiscal Impact: There is no fiscal impact for this item. Funding Available N/A Andrew Keys (Apr 7, 2022 16:29 PDT) Andrew Keys Deputy City Manager/Internal Services Director ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.14 — "CITY ATTORNEY" — BY REPEALING AND REENACTING SECTION 2.14.10, "CITY ATTORNEY", AND ADOPT RESOLUTION RESCENDING RESOLUTION 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY REPLATING TO GENERAL LIABILITY CLAIMS BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS SECTION 1. The Lodi Municipal Code Chapter 2.14 entitled "City Attorney" is hereby repealed and reenacted in its entirety to read as follows: 2.14.010 - City Attorney. The city attorney shall be appointed by the city council and shall serve as legal counsel to the city government and all officers, departments, boards, commissions, and agencies thereof and shall have such other powers and duties as may be prescribed by state law and by ordinance or resolution of the city council. In situations where the city attorney determines there is a conflict in representation by that office, the city council may authorize the retention of other legal counsel to represent one of the conflicting parties. The city_ attorney shal4 have purchasing authority to contract for legal or related services necessary to perform the duties of the office up to the amount authorized to the City Manager under Section 2.12.060(T) of this Code and subject to the same restrictions as placed upon all parties with purchasing authority outlined in this Code. The city attorney shall report his or her advice, recommendations, and requests directly to the city council. SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. 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 toward 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 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this day of , 2022 MARK CHANDLER Mayor Approved as to Form: JANICE MAGDICH City Attorney jdm Attest: PAMELA M. FARRIS Assistant City Clerk State of California County of San Joaquin I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council od the City of Lodi held April 20, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2022, by the following vote: AYES COUNCIL MEMBERS — NOES. COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 2022 - Signature: J it u<r L1rdk(Apr 7, 202215:55 PDT) Email: jmagdich@lodi.gov PAMELA M. FARRIS Assistant City Clerk RESOLUTION NO. 2022-103 A RESOLUTION OF THE LODI CITY COUNCIL RESCINDING RESOLUTION NO. 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY RELATING TO GENERAL LIABILITY CLAIMS WHEREAS, the City Council authorized specified positions and individuals settlement authority for general liability claims up to $20,000 by Resolution No. 2011-134; and WHEREAS, the cost to settle claims has consistently increased rendering the current authority limits ineffective in quickly, efficiently, and adequately addressing disputes with claimants; and WHEREAS, the previous limit for the City Manager and City Attorney to settle claims was consistent with the City Manager's purchasing authority outlined in Lodi Municipal Code Section 2.12.020 (T) which was recently revised by the City Council at its April 6, 2022 regular meeting; and WHEREAS, the previous limit for the Risk Manager was consistent with the Department Head purchasing authority outlined in Lodi Municipal Code Section 2.12.020 (T) which was recently revised by the City Council at its April 6, 2022 regular meeting; and WHEREAS, the City Council desires to revise the amount of settlement authority granted to the authorized positions. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby rescind Resolution No. 2011-134 and authorize the following settlement authority for General Liability claims for the positions noted: 1.) City Manager - $60,000 2.) City Attorney - $60,000 3.) Risk Manager - $30,000 Dated: April 20, 2022 ------------------- I hereby certify that Resolution No. 2022-103 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 2022 by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None G�JWd OLIVIA NASHED City Clerk 2022-103 SIIR.IFCT- .Please immediately confirm receipt of'this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1996 THROUGH 2000 PUBLISH DATE: SATURDAY, APRIL 23, 2022 IR 41C -m TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 21, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEND PROOF O.FADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at 7!93 (t -fine) on ate) \\cvcfilvO I \administration$\Admin istration\CLERMOrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1996 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 1.12 — MUNICIPAL ELECTIONS —OF THE LODI MUNICIPAL CODE ADOPTING MAP DESIGNATING REVISED CITY COUNCIL ELECTION DISTRICTS AND BOUNDARIES BASED ON.FINAL 2020 CENSUS DATA. The purpose of this ordinance is to revise the City Council election districts and boundaries based on the final 2020 census data and in conformance with the federal Voting Right Act, California Constitution, and Fair Maps Act, as shown on the map below. The map is also available for viewing at htt aps:Ilca- Iodi.civic lus-com/DocumentCenter/View/5042/Yellow or at the City Clerk's Office at 221 West Pine Street, Lodi. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. City of Lodi Redistricting 2021 Yellow Map 2, f e. 3 it Map layers Ycllow 5 CO.—Block Railroad 4f '' -...,. Slrecls 1. 1dmnik IVnldl WT for Are. ORDINANCE NO. 1997 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 13). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 (Public Services) as Annexation No. 13. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1998 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPER 2.12, "CITY MANAGER," BY REPEALING AND REENACTING SECTION 2.12.60, "POWERS AND DUTIES GENERALLY," AND AMENDING LODI MUNICIPAL CODE CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.045, "STATE AND LOCAL AGENCY CONTRACTS," SECTION 3.20.070, "BIDDING," SECTION 3.20.080, "PURCHASE ORDERS," SECTION 3.20.100, "FORMAL CONTRACT PROCEDURE," AND SECTION 3.20.110, "OPEN MARKET PROCEDURE". The purpose of this ordinance is to increase purchasing authority for the City Manager and City of Lodi Department Heads and to increase the informal bidding threshold for supplies and services to provide efficiencies in purchasing. Introduced April 6, 2022. Adopted April 20, 2022, and effective May 21, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1999 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 9 — PUBLIC PEACE, MORALS AND WELFARE — CHAPTER 9.18, "VENDING ON STREETS, SIDEWALKS AND PRIVATE PROPERTY," BY REPEALING AND REENACTING SECTION 9.18.045, "PERMIT CAPS," TO REPLACE STATIC CAPS ON MOTORIZED FOOD PREPARATION UNITS AND PRODUCE/SEAFOOD TRUCKS WITH VARIABLE CAPS BASED ON THE POPULATION OF LODI. The purpose of this ordinance is to replace the flat cap on the number of food truck permits with a cap based on the population of Lodi. Introduced April 20, 2022. Adoption to be considered May 4, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 2000 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.14, "CITY ATTORNEY," BY REPEALING AND REENACTING SECTION 2.14.10, "CITY ATTORNEY," AND ADOPT RESOLUTION RESCENDING RESOLUTION NO. 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY RELATING TO GENERAL LIABILITY CLAIMS. The purpose of this ordinance is to increase the City Attorney's purchasing authority for legal or related services and to increase settlement authority limits for the City Manager, City Attorney, and Risk Manager to allow for more efficient and cost-effective operations. Introduced April 20, 2022. Adoption to be considered May 4, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Olivia Nashed, City Clerk City of Lodi April 20, 2022 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 2000 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.14, "CITY ATTORNEY," BY REPEALING AND REENACTING SECTION 2.14.10, "CITY ATTORNEY," AND ADOPT RESOLUTION RESCENDING RESOLUTION NO. 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY RELATING TO GENERAL LIABILITY CLAIMS On Thursday, April 21, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1995 (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 April 21, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsummaries\aaDecPost.doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk ORDINANCE NO. 2000 EBG AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 2.14, "CITY ATTORNEY," BY REPEALING AND REENACTING SECTION 2.14.10, "CITY ATTORNEY," AND ADOPT RESOLUTION RESCINDING RESOLUTION NO. 2011-134 AND AUTHORIZING SPECIFIED POSITIONS MONETARY SETTLEMENT AUTHORITY REPLATING TO GENERAL LIABILITY CLAIMS BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. The Lodi Municipal Code Chapter 2.14 entitled "City Attorney" is hereby repealed and reenacted in its entirety to read as follows: 2.14.010 - City Attorney. The city attorney shall be appointed by the city council and shall serve as legal counsel to the city government and all officers, departments, boards, commissions, and agencies thereof and shall have such other powers and duties as may be prescribed by state law and by ordinance or resolution of the city council. In situations where the city attorney determines there is a conflict in representation by that office, the city council may authorize the retention of other legal counsel to represent one of the conflicting parties. The city attorney shall have purchasing authority to contract for legal or related services necessary to perform the duties of the office up to the amount authorized to the City Manager under Section 2.12.060(T) of this Code, and subject to the same restrictions as placed upon all parties with purchasing authority outlined in this Code. The city attorney shall report his or her advice, recommendations, and requests directly to the city council. SECTION 3. No Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. 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 toward 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 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 6- Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 4th day of May, 2022 MARK CHANDLER Mayor Attest: OLIVIA NASHED City Clerk State of California County of San Joaquin I, Olivia Nashed, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 2000 was introduced at a regular meeting of the City Council of the City of Lodi held April 20, 2022, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held May 4, 2022, by the following vote: AYES. COUNCIL MEMBERS — NOES. COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 2000 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. OLIVIA NASHED City Clerk Approved as to Form: JANICE MAGDICH City Attorney