HomeMy WebLinkAboutAgenda Report - April 19, 2006 L-02AGENDA ITEM L-02
Ah CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1776 Entitled, "An Ordinance of the City Council of the City of Lodi
Amending Title 2 — Administration and Personnel — of the Lodi Municipal Code by
Adding Chapter 2.52.020 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. 1776.
BACKGROUND INFORMATION: Ordinance No. 1776 entitled, "An Ordinance of the City Council of
the City of Lodi Amending Title 2 — Administration and Personnel —
of the Lodi Municipal Code by Adding Chapter 2.52.020 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. Cat. Gov't Code§ 36937
This ordinance has been approved as to form by the City Attorney,
FISCAL IMPACT:
FUNDING AVAILABLE:
SJB/JMP
Attachments
council/councom/Ordinance5 doc
None.
None reauired.
Susan J. Bla ton
City Clerk
APPROVED: �� — ---)
Blair King, City Manager
ORDINANCE NO. 1776
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LODI AMENDING TITLE 2 - ADMINISTRATION AND
PERSONNEL - OF THE LODI MUNICIPAL CODE BY ADDING
CHAPTER 2.52.020 RELATING TO EMINENT DOMAIN
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Title 2 - Administration and Personnel - of the Lodi Municipal Code is
hereby amended by adding thereto Chapter 2.52.020 relating to 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 benefits will 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 proper?, 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) by the
Redevelopment Agency; 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 Redevelopment Agency of 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 liability for 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 Aril, 2006.
SU AN HITCHCOCK
Mayor
Attest:
SUSAN J. BLACF�6TON
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. 1776 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
Redevelopment Agency 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
I further certify that Ordinance No. 1776 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuantto law.
Approved as to Form:
SUSAN J. BLACKSTON
1 City Clerk
D. PHEN CH
City Attorney
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