HomeMy WebLinkAboutAgenda Report - September 21, 2005 L-01AGENDA ITEM L-09
CITY OF,LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Ordinance No. 1764 Entitled, "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"'
MEETING DATE:
PREPARED BY:
September 21, 2005
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1764.
BACKGROUND INFORMATION: Ordinance No. 1764 entitled, "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"' was introduced at the regular City Council meeting of September 7, 2005.
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 Cade § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE
sis/JMP
Attachment
council/councom/Ordinances .doc
None.
None required.
Susan J. Blackst
City Clerk
APPROVED: )
Blar rng, City Manager
ORDINANCE NO. 1761
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:
Section 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 primarilyfor
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.
Section 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 benefitfrom 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.
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 -A.4 — The City shall promote reinvestment in downtown
Lodi and in the Eastside area that upgrades the general quality of
development in these areas.
M. Goal LU -13 — 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 -B.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 -13.6 — 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 -D.3 — The City shall enhance pedestrian activity and
pedestrian amenities in downtown Lodi.
NOW JHEBEFORE BE IT FURTHER ORDAINED AS FOLLOWS:
1 35,ervice Oyts' a 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, have its products available
for sampling and sale, and be open a minimum of 40 hours
per week, including Saturday and Sunday and shall be
located in Downtown Lodi as defined by the area bordered by
Church Street, Lodi Avenue, Lockeford Street, and the Union
Pacific Railroad tracks.
ii) if this condition cannot be met within 12 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 have
been satisfied) as annually adjusted according to the Bay
Area -All Items Consumer Price Index. If condition i above
cannot be met within 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 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 30 days from and after its passage and approval.
Appr ed this 21 *day of September, 2005.
.4k-"
OHN BECKMAN
Mayor
Attest:
SUSAN J. BLAC ON
City Clerk
3
State of Cafifornia
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1764 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
September 21, 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
I furthor certify that Ordinance No. 1764 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:
D. STEP N SCHWABAUER
�imov
i CA ich, Deputy
4
SUSAN J. BLACKSTON
City Clerk