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Home My WebLink AboutAgenda Report - May 4, 2022 I-02CITY OF 0 0 io Z CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM T%2, AGENDA TITLE: Adopt Ordinance No. 2000 Entitled, "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. 2011-34 and Authorizing Specified Positions Monetary Settlement Authority Relating to General Liability Claims" MEETING DATE: May 4, 2022 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 2000. BACKGROUND INFORMATION: Ordinance No. 2000 entitled, "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. 2011-34 and Authorizing Specified Positions Monetary Settlement Authority Relating to General Liability Claims," was introduced at the regular City Council meeting of April 20, 2022. 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. Attachment Olivia Nashed City Clerk APPROVED: Steve SCilWabaUer Stephen Schwabauer, City Manager 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 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: 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. 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 — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None 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. PAMELA M. FARRIS Assistant City Clerk Approved as to Form: ;JN%ICE AGDICH City -Attorney Please immediately confirm receipt o f 'this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1999 AND 2000 PUBLISH DATE: SATURDAY, MAY 7, 2022 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, MAY 5, 2022 ORDERED BY: OLIVIA NASHED CITY CLERK -?2PAMELA M. �FARR�IS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK SEIVD PROOF OFADVERTISEMENT. THANK YOUII \\cvc61v0I \administration$\Administration\CLERK\OrdS ummaries\Advins.doc CITY OF LODI 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. Adopted May 4, 2022 and effective June 3, 2022. AYES: Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Hothi. 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. Adopted May 4, 2022 and effective June 3, 2022. AYES: Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: Hothi. Olivia Nashed, City Clerk City of Lodi May 4, 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, May 5, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 2000 (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 May 5, 2022, at Lodi, California. 7r` Pamela M. Farris Assistant City Clerk ordsummad es\aaDecPost.doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk 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 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: 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. 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 — Khan, Kuehne, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN: COUNCIL MEMBERS — None 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. PAMELA M. FARRIS Assistant City Clerk Approved as to Form: JANICE MAGDICH City Attorney X08F 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. 1996 THROUGH 2000 PUBLISH DATE: SATURDAY, APRIL 23, 2022 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 OFADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at legals@lodinews.com at 7!,23 (time) on Uwfilv0l \ad min istration$\Administrati on\CLERK\OrdSummaries\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 }iQ)s://ca- Iodi.civicpIus.com/DocumentCenterNiew/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. Cite of Lodi 'y Redistricting 7071 I �r Ella,"r Map I ie 4- 4 `g , Map layers CCdsus aleck Railroad I-mvlmnrk Veins Wrler Am, 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. DDECLARATION 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 ords ummariesWDecPost. doc ORDERED BY: OLIVIA NASHED CITY CLERK Kaylee Clayton Administrative Clerk �� ORDINANCE NO. 2000 EXf! � �� 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 4'" 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