HomeMy WebLinkAboutAgenda Report - April 19, 2006 L-01AGENDA ITEM L-01
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1775 Entitled, "An Ordinance of the City Council of the City of Lodi
Amending Title 15 — Buildings and Construction — of the Lodi Municipal Code by
Adding Chapter 15.72 Relating to Eminent Domain"
MEETING DATE: April 19,2006
PREPARED BY: City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1775.
BACKGROUND INFORMATION: Ordinance No. 1775 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Title 15 — Buildings and Construction — of
the Lodi Municipal Code by Adding Chapter 15.72 Relating to
Eminent Domain" was introduced at the Special Joint Meeting of the
City Council and the Redevelopment Agency of the City of Lodi
meeting of March 29, 2006.
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. CA Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
5JB/JMP
Attachments
council/councom/Qrdinance4.doc
None.
None required.
an a ton
Susan J. Blac ston
City Clerk
APPROVED:
Blair Ki ity Manager
ORDINANCE NO. 1775
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING TITLE 15- BUILDINGSAND CONSTRUCTION- OF THE
LODI MUNICIPAL CODE BYADDING CHAPTER 15.72
RELATING TO EMINENT DOMAIN
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Title 15 - Buildings and Construction - of the Lodi Municipal Code is hereby
amended by adding thereto Chapter 15.72 relatingto eminent domain and shall read as follows:
WHEREAS, this Ordinance shall be known as `The Homeowner and Property Protection
Ordinance"; and
WHEREAS, eminent domain has been subject to abuse in California, whereby local
governmental entities have condemned property and transferred it, by sale, lease, or otherwise,
to the control, management, or exploitation of private entities for private use and profit on the
theory that generalized public benefitswill flow therefrom; and
WHEREAS, the United States Supreme Court, in Kelo v. City of New London,
U.S. (2005), has held that the United States Constitution does not prevent the transfer of
property, seized through eminent domain, to private entities for private profit; and
WHEREAS, it is the intent of the Lodi City Council that private property shall not be
taken or damaged for the use, exploitation, or management of any private party, including, but
not limited to, the use, exploitation, or management of property taken or damaged by a
corporation or other business entity for private profit, as is currently permitted under the United
States Constitution under Kelo v. City of New London, U.S. (2005); and
WHEREAS, it is not the intent of this Ordinance to prevent the rental of space in a
government building or any other government-owned property for incidental commercial
enterprises, including, but not limited to, gift shops, newsstands, and private nonprofit entities
such as churches and other religious and civic organizations; and
WHEREAS, this Ordinance shall apply only to condemnation actions that are completed
after this Ordinance goes into effect.
(a) Property taken by eminent domain by the City of Lodi shall be owned and occupied
by the condemnor or another governmental agency utilizing the property for the stated public
use by agreement with the condemnor, or may be leased only to entities that are regulated by
the Public Utilities Commission or to private nonprofit entities. All property that is taken by
eminent domain shall be used only for a public use or as set forth above.
(b) If any property taken through eminent domain after the effective date of this
Ordinance ceases to be used for the stated public use, within ten years of its original
acquisition, the former owner of the property or a beneficiary or an heir, if a beneficiary or heir
has been designated for this purpose, shall have the right to reacquire the property at the
original purchase price or fair market value of the property, whichever is lesser, before the
property may be otherwise sold or transferred.
SECTION 2 - 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 liabilityfor damages, except as otherwise imposed by law.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
SECTION 4. 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 19" day,,of April, 2006.
SUSAN HITCHCOCK
Mayor
Attest:
SUSAkIV J. BUIC STON
City Clerk
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. 1775 was introduced at a Special Joint meeting of the Lodi City Council and
Redevelopment Agency of the City of Lodi held March 29, 2006, and was thereafter passed,
adopted, and ordered to print at a Special Joint meeting of the Lodi City Council and
RedevelopmentAgency of the City of Lodi held April 19, 2006, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, and Mounce
NOES: COUNCIL MEMBERS —Johnson and Mayor Hitchcock
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS —None
further certify that Ordinance No. 1775 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuantto law.
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SUSAN J. SLACKSTON
City Clerk