HomeMy WebLinkAboutAgenda Report - September 7, 2005 K-04AGENDA ITEM j(%!"'
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Negative Declaration, and Introduce Ordinance
Amending Municipal Code Title 13 — Public Services, Chapter 13.12 "Sewer
Service", by Repealing and Reenacting Section 13.12.020 (20.) Relating to
Definition of Industrial System; and further Repealing and Reenacting Section
13.12.150 Relating to "Connections Outside City."
MEETING DATE:
PREPARED BY:
September 7, 2005
LSA Associates
RECOMMENDED ACTION: Adopt Resolution Approving Negative Declaration, and Introduce
Ordinance Amending Municipal Code Title 13 — Public Services,
Chapter 13.12 "Sewer Service", by Repealing and Reenacting
Section 13.12.020 (20.) Relating to Definition of Industrial System; and further Repealing and Reenacting
Section 13.12.150 Relating to "Connections Outside City."
BACKGROUND INFORMATION: On June 15, 2005, City Council directed staff to amend Municipal
Code Section 13.12.150, Connections Outside City, to allow wineries located outside the City limits to
discharge industrial grade wastewater into the City's Industrial Sewerage System. The proposed
Municipal Code amendment includes the following provisions:
• Prohibition — No Domestic Sewerage System connections will be permitted.
• Authorization — City Council may, by contract, allow winery industrial wastewater connections.
• Permit — Wineries required to obtain Industrial System Discharge Permit detailing limitations on the
types of chemicals and waste allowed and prohibited to be discharged.
• Rates and charges — Rates and charges applicable to wineries are explicitly described.
• Non -Assignment — Wineries wilt not be permitted to sell capacity or accept wastewater from other
locations.
• Downtown Retail Presence — Wineries are required to maintain a retail presence via a wine tasting
room in Downtown Lodi during the entire term of its connection to the City's sewer system. The
proposed language specifies how large the retail area must be (i.e., at least 500 square feet), how
many hours per week it must be open to the public (i.e., 40 hours), and that wine tasting room must
be located in Downtown Lodi, specially bounded by Church Street, Lodi Avenue, Lockeford Street,
and the Union Pacific Railroad tracks. If requirement for Downtown tasting room is not met within 12
months of connection, the proposed amendment requires that the winery pay the annual downtown
and promotional in -lieu fee, which will be set by Resolution after the Ordinance takes effect.
• Annexation — Wineries also agree to waive any right to protest City annexation of their property, if the
City deems annexation feasible and advisable.
• Definition — The definition for Industrial System is revised to clarify what industrial sewage is and how
it is different than domestic sewage.
APPROVED:
Blair 194, City Manager
The General Plan Land Use Element includes a number of goals and policies that support the proposed
Municipal Code amendment to preserve the City's small-town and rural qualities, including the
agricultural land uses that form the greenbelt surrounding the community, as well as promoting
Downtown reinvestment, pedestrian activities, and economically vitality (i.e., Policies LU -A.1, A.4, B.1,
13.2, 6.6, D.1, D.3, and Goals LU -13 and D). The proposed amendment successfully implements these
highly valued community geographic areas by ensuring that the wineries located outside the City limits,
which serve a vital role in preserving the City's greenbelt and historic identity, as well as integrates the
local wine products into the City's premiere pedestrian retail shopping district.
ENVIRONMENTAL DETERMINATION: An Initial Study prepared for this project determined no
significant environmental would result from its implementation and, therefore, a Negative Declaration is
proposed. A Notice of Intent to adopt the Negative Declaration for the project was noticed in the Lodi
News Sentinel on August 1, 2005, indicating that the 30 -day public review period for the Initial
Study/Negative Declaration would close on August 30, 2005. No comments were received. The
document was also sent to the State Clearinghouse for review by applicable State agencies. As of the
completion of this report, no comments from agencies had been received.
FISCAL IMPACT: Expected increase in revenues to WaterNVastewater Fund
FUNDING AVAILABLE: Not Applicable.
RESOLUTION NO. 2005-193
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING A NEGATIVE
DECLARATION FOR A LODI MUNICIPAL CODE AMENDMENT TO
SECTION 13.12.150, SEWER CONNECTIONS OUTSIDE CITY, TO ALLOW
WINERIES LOCATED OUTSIDE THE CITY LIMITS TO CONNECT AND
DISCHARGE INDUSTRIAL GRADE WASTEWATER INTO THE CITY'S
INDUSTRIAL SEWERAGE SYSTEM AND FOR AN INDUSTRIAL SYSTEM
DISCHARGE PERMIT FOR THE VAN RUITEN FAMILY WINERY LOCATED
OUTSIDE THE CITY LIMITS TO CONNECT AND DISCHARGE INDUSTRIAL
GRADE WASTEWATER INTO THE CITY'S INDUSTRIAL SEWERAGE
SYSTEM AND LODI MUNICIPAL CODE AMENDMENT TO SECTION
13.12.020 (20) RELATING TO DEFINITION OF INDUSTRIAL SYSTEM
WHEREAS, in the spring of 2005, the City was approached by the Van Ruiten Family
Winery, located at 340 West Highway 12 in unincorporated San Joaquin County, requesting that
the winery be allowed to connect and discharge industrial grade wastewater into the City's
industrial sewerage system; and
WHEREAS, Lodi Municipal Code Section 13.12.150 currently prohibits wastewater
service connections and discharge from facilities located outside the City limits; and
WHEREAS, the City's industrial sewerage system has adequate capacity to collect and
dispose of wastewater from all industrial users within the City limits; and
WHEREAS, West Yost & Associates engineering consultants prepared an analysis of
the volume and strength of the Van Ruiten winery's industrial grade wastewater and concluded
that the City's industrial wastewater system facilities could accommodate the additional
wastewater flow from the Van Ruiten winery; and
WHEREAS, wineries have existed in the Lodi community for over 150 years and play a
significant role in the community's identity and local economy; and
WHEREAS, wineries play a vital role in preserving the agricultural and rural greenbelt
that surrounds Lodi's urban area; and
WHEREAS, Downtown Lodi is the City's premier pedestrian retail area and extensive
City investment to revitalize Downtown has occurred in recent years; and
WHEREAS, increasing stringency in water quality regulations have made wastewater
discharge compliance difficult for wineries to continue their agricultural operations; and
WHEREAS, on June 15, 2005, City Council directed staff to initiate a Lodi Municipal
Code amendment to allow wineries located in unincorporated San Joaquin County to connect
and discharge into the industrial sewerage system if the system could accommodate the
additional wastewater flow and the winery opened a retail, wine tasting business in Downtown
Lodi; and
WHEREAS, also on June 15, 2005, the City Council executed a Memorandum of
Understanding (MOU) with the Van Rulten Family Winery (dated June 7, 2005) to allow the Van
Ruiten winery to connect and discharge its industrial grade waste into the City's industrial
sewerage system in return for establishing a wine tasting room in Downtown Lodi; and
WHEREAS, an Initial Study was prepared for the proposed Lodi Municipal Code
amendment and Industrial System Discharge Permit and a proposed Negative Declaration was
circulated for public comment from August 1, 2005 through August 30, 2005, which is
incorporated herein by reference; and
WHEREAS, the State Clearinghouse circulated the proposed Negative Declaration to
State agencies for review on August 8, 2005 (SCH #2005082025); and
WHEREAS, no public or agency comments were received; and
WHEREAS, the City Council held a hearing on the proposed Lodi Municipal Code
amendment and Industrial System Discharge permit and considered all public testimony and
pertinent information and documents.
NOW, THEREFORE, BE IT RESOLVED that the City Council makes the following
findings:
1) A number of General Pian Land Use Element goals and policies support
preservation of Lodi's small-town and rural qualities, including the agricultural uses that form a
greenbelt surrounding the community as well as promoting downtown reinvestment, pedestrian
activities, and economic viability (i.e., Goals LU -B and D, and Policies LU -A.1, a.4, 8.1, B.2, B.6,
D.1, 0.3), as discussed in the Initial Study/Negative Declaration.
2) The proposed project does not have the potential to substantially degrade the
quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a
fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or
animal community, substantially reduce the number or restrict the range of an endangered, rare
or threatened spedies; or eliminate important examples of the major periods of California history
or prehistory because no significant habitat, species, or resources are located in the area of the
proposed sewer connection.
3) The proposed project does not have the potential to achieve short-term
environmental goals to the disadvantage of long-term environmental goals because the City's
Regional Water Quality Control Board (RWQCB) industrial wastewater system permit authorizes
a specified amount of industrial grade wastewater to be discharged onto the City's agricultural
fields, of which the proposed project would be consistent with and not exceed the systems
capacity and allowed wastewater discharge chemical composition, as described in the Initial
Study. Further, General Plan Land Use Element Goal J provides a safeguard that ensures that
adequate capacity is retained for future industrial wastewater generators within the City limits by
requiring the City maintain adequate levels of sewer collection and disposal service to meet the
needs of existing and projected development at City build -out. The proposed Lodi Municipal
Code amendment: requires that industrial wastewater generators located outside the City limits
demonstrate that adequate capacity exists prior to authorizing the outside connection and
discharge.
4) The proposed project does not have possible environmental effects that are
individually limited but cumulatively considerable because, as described above, the amount of
industrial grade wastewater contributed to the City's industrial sewerage system is within the
systems capacity and consistent with and would not exceed the RWQCB's permitted discharge
amount or flow chemical composition requirements. As described above, General Paan Land
Use Element Goal J requires that the City maintain adequate levels of sewer collection and
disposal service to meet the needs of existing and projected development at City build -out, thus
providing a safeguard to ensure that adequate sewer capacity will be reserved for future
industrial waste generators within the City limits and requiring outside generators to
demonstrate that adequate capacity exists prior to authorizing the outside connection and
discharge. "Cumulatively considerable" means that the incremental effects of an individual
project are significant when viewed in connection with the effects of past projects, the effects of
other current projects, and the effects of probable future projects.
2
5) The environmental effects of the proposed project would not cause substantial
adverse effects on human beings, either directly or indirectly, because, as described above and
in the Initial Study, the RWQCB permit ensures that water quality standards and requirements
are complied with to ensure human beings are not adversely impacted.
6) The proposed project requires that wineries located outside the City limits
establish a wine tasting room in Downtown Lodi, which currently has adequate parking, roadway
capacity, and land use designations to accommodate pedestrian -oriented, retail wine tasting
rooms.
BE IT FURTHER RESOLVED that the Lodi City Council hereby adopts the Negative
Declaration for the proposed Lodi Municipal Code amendments.
I hereby certify that Resolution No. 2005-193 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held on September 7, 2005, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Beckman
NOES: COUNCIL MEMBERS — Hitchcock
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2005-193
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING
LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.12
"SEWER SERVICE," BY REPEALING AND REENACTING SECTION 13.12.020
(20.) RELATING TO DEFINITION OF INDUSTRIAL SYSTEM; AND FURTHER
REPEALING AND REENACTING SECTION 13.12.150 RELATING TO
"CONNECTIONS OUTSIDE CITY"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Sec ton 1. Lodi Municipal Code Title 13 "Public Services" Chapter 13.12 "Sewer Service" is
hereby amended by repealing and reenacting Section 13.12.020 (20.) — relating to definition of
Industrial System, and shall read as follows:
20. "Industrial System" means the portion of the sewerage system used primarily for
industrial waste which is compatible for discharging directly into the ponding and
irrigation system at the treatment plant. Waste not suitable for direct application to
land is prohibited in the Industrial System, which includes, but is not limited to,
contents of chemical toilets, septic tanks, waste holding tanks, waste sumps and
domestic sewage.
Sec 'on 2. Lodi Municipal Code Title 13 "Public Services" Chapter 13.12 "Sewer Service" is
hereby amended by repealing and reenacting Section 13.12.150 — relating to Connections Outside
City, and shall read as follows:
WHEREAS:
a. The City of Lodi's economic health is reliant on the economic health of the local
wine industry.
b. The City has expended significant sums to revitalize its downtown area and
consolidate its reputation as a wine tourism destination.
c. The City and its downtown area will obtain significant economic benefit from local
wineries locating tasting rooms in downtown Lodi
d. Local wineries are subject to increasing regulation from the California Regional
Water Quality Control Board regarding the discharge of their wastewater, making
it difficult for them to continue to engage in agricultural pursuits;
e. San Joaquin County will retain its authority over land use approval for wineries
located within County jurisdiction; and
f. The City of Lodi's General Plan contains the following land use element goals:
i. Policy LU -A.1 -- The City shall seek to preserve Lodi's small-town and
rural qualities.
ii. Policy LU -AA — The City shall promote reinvestment in downtown
Lodi and in the Eastside area that upgrades the general quality of
development in these areas.
iii. Goal LU -B — To preserve agricultural land surrounding Lodi and to
discourage premature development of agricultural land with
nonagricultural uses, while providing for urban needs.
iv. Policy LU -13.1 — The City shall encourage the preservation of
agricultural land surrounding the City.
V. Policy LU -13.2 — The City should designate a continuous open space
greenbelt around the urbanized area of Lodi to maintain and enhance
the agricultural economy.
Vi. Policy LU -B.6 — The City shall encourage San Joaquin County to
retain agricultural uses on lands adjacent to the City.
Vii. Goal LU -D — To promote and retain development in downtown Lodi.
viii. Policy LU -D.1 — The City shall preserve and promote downtown Lodi
and the City's social and cultural center and an economically viable
retail and professional office district.
ix. Policy LU -13.3 — The City shall enhance pedestrian activity and
pedestrian amenities in downtown Lodi.
NOW THEREFORE BE IT FURTHER ORDAINED AS FOLLOWS:
Service Outside Lodi. No discharge from facilities or properties outside the
City of Lodi shall be allowed into the Domestic Sewerage or storm drainage
systems. The City Council may, by contract allow connection from winery
facilities outside Lodi to the Industrial Sewerage System on the terms set
forth in this section so long as the system has adequate existing capacity to
service the waste.
2. Terms of Connection. Any connection permitted pursuant to the Contract
called for in this Section shall contain the following minimum terms:
a. Permit: Applicant shall comply with the terms of the Industrial
System Discharge Permit to be issued by the City which will include
but not be limited to limitations on flow, BOD, ph, TDS and
suspended solid concentrations and prohibitions on discharge of
hazardous waste in conformance with the City's Discharge Permit.
b. Rate/Surcharge: Winery's rate for discharge shall be set at 150
percent of the City's standard published rate for Industrial Waste.
C. Capacity Charge: Winery shall pay a one-time capacity charge
based on annual flow and BOD loading prior to connection per this
chapter.
d. Non -Assignment: Applicant may not sell capacity or accept
wastewater from other locations.
e. Downtown Retail Presence: Applicant shall open and operate a wine
tasting room to market its products in Downtown Lodi during the
entire term of its connection to the City's sewer system. The
establishment shall be operated within the following minimum
requirements:
i) it shall be at least 500 square feet and have its products
available for sampling and sale, and be open a minimum of
2
40 hours per week, including Saturday and Sunday and shall
be located in Downtown Lodi as defined bythe area bordered
by Church Street, Lodi Avenue, Lockeford Street and the
Union Pacific Railroad tracks.
ii) If this condition cannot be met within twelve months of
connection, Applicant shall pay an annual downtown
development and promotional in—lieu fee in the amount
established by the City Council. The fee shall be retroactive
for one year and shall be assessed annually (until such time
as the requirements of subsection i of this paragraph has
been satisfied) as annually adjusted according to the Bay
Area -All Items Consumer Price Index. If condition i above
cannot be metwithin six years of connection, this Agreement
will terminate and Applicant will be required to make alternate
arrangements for its wastewater.
Annexation. Applicant, in consideration for receiving City sewer
service, will consent to the annexation to the City of Lodi of the its
property served by the City Industrial Sewerage system, waives any
right to protest the annexation and assigns to the CITY any right to
vote on the annexation. Annexation shall occur when and if the CITY
deems the annexation of the subject property feasible and advisable.
In the event the annexation is sought by Applicant, Applicant agrees
to pay CITY an amount to cover the subject property's proportionate
share of the costs to conduct the annexation. In the event that the
Applicant does ultimately connect to City service, Applicant agrees to
enter into a short form memorandum of agreement expressing the
obligations of this paragraph in recordable form.
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 thirty days from and after its passage and approval.
Attest:
SUSAN J. BLACKSTON
City Clerk
3
Approved this day of September, 2005.
JOHN BECKMAN
Mayor
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was
introduced at a regular meeting of the City Council of the City of Lodi held September 7, 2005 and
was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held
, 2005, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS --
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 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:
t
D. STEPHEN SCHWA R
City Attorney
4
SUSAN J. BLACKSTON
City Clerk
08/31/05 14:28 FAX 510 540 7344 GSA Associates, Inc. Q002
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