HomeMy WebLinkAboutAgenda Report - September 4, 1991 (67)or
CITY OF LODI
AGENDA TITLE: Adoption of Ordinance Na 1518 entitled, "An Ordinance of the Lodi
City Council Adding Chapter 15.64 to Title 15, 'Buildings and
Construction', of the Lodi Municipa? Code, to Establish City -Wide
Development Impact Mitigation Fees; Repealing Section 13.12.255
'Storm Drainage Impact Fee'; and Amending Section 15.44.090, 'Fees"'
NfEE] U DATE: September 4, 1991
PREPARED BY: City Clerk
RECOMMENDED ACTH- Following reading by title, it would be appropriate for the
City Council to adopt Ordinance No. 1518.
BACKGROUYD Il433RMAIM Ordinance No. 1518 entitled, "An Ordinance of the Lodi City
Council Adding Chapter 15.64 to Title 15, 'Buildings and
Construction', of the Lodi Municipal Code, to Establish
City -Wide Development Impact Mitigation Fees; Repealing
Section 13.12.255, 'Storm Drainage Impact Fee' ; and Amending Section 15.44.090,
'Fees"' was introduced at the regular meeting of the Lodi City Council held August
21, 1991.
Pursuant to State statute, ordinances may be adopted five days after their
introduction following reading by title.
This Ordinance has been approved as to form by the City Attorney.
At its August 21, 1991 meeting the City Council introduced the Development Impact
Fee Ordinance as prepared by staff based on previous Council direction with one
change. The draft provided that all the fees be collected at subdivision final nip
filing or building permit if the project did not have a subdivision final map. The
change directed by the City Council was that on projects with a subdivision final
ma , the Police, Fire, Parks and Recreation and General City Facility Fees be
collected at the acceptance of the public improvements. Section 15.64.040 has been
rewritten to make this change.
FU 41SU None required.
AMR/
A&WIv1AR#mVcex/t)
R
City Clerk
1
APPROVED:►
THOMAS A. PETERSON
nc.wsoM..
City Manager
CC -1
C0UNC0M1/TXTA .02J/C0UNC0M
i
4
S
ORDINANCE NO. 1518
AN ORDINANCE OF THE LODI CITY COUNCIL ADDING CHAPTER 15.64 TO TITLE 15,
"BUILDINGS AND CONSTRUCTION", OF THE LODI MUNICIPAL CODE, TO ESTABLISH
CITY-WIDE DEVELOPMENT IMPACT MITIGATION FEES; REPEALING SECTION 13.12.225,
"STORM DRAINAGE IMPACT FEE"; AND AMENDING SECTION 15.44.090, "FEES"
: •' � � I IDS • � r t• 11 � '� �
SFCIION 1. Chapter 15.64 is added to Title 15, "Buildings and Construction", of the
Lodi Municipal Code to read as follows:
"CHAPTER 15.64
DEVELOPMENT "ACT MITIGATION FEES
Section
15.64.010
Findings and Purpose.
Section
15.64.020
Definitions .
Section
15.64.030
Development Impact Funds.
Section
15.64.040
Payment of Fees.
Section
15.64.050
Adoption of Study, Capital Improvement Program and Fees.
Section
15.64.060
Calculation of Fees.
Section
15.64.070
Residential Acre Equivalent Factor.
Section
15.64.080
Credit and Reimbursement for Construction of Facilities.
Section
15.64.090
Other Authority.
Section
15.64.100
Findings Regarding Use of Fees.
Section
15.64.110
Fee Exemptions.
Section
15.64.120
Fee Adjustment or Waiver.
Section
15.64.130
Appeal Procedure.
Section
15.64.140
Severabi Iity
15.64.010 Findings and Purpose.
The Council hereby finds and declares as follows:
A. In order to implement the goals of the City of Lodi's General Plan and to
mitigate the impacts caused by new development in the City of Lodi , certain
public improvements must be or had to be constructed. The City Council hereby
determines that Development Impact Mitigation Fees are needed to finance these
public improvements and to pay for new developments' fair share of the
construction costs of these improvements. In establishing the fees described in
this chapter, the City Council finds the fees to be consistent with its General
Plan and, pursuant to Government Code Section 65913.2, has considered the
effects of the fees with respect to the City's housing needs as established in
the Housing Element of the General Plan.
B. The purpose of this chapter is to implement the General Plan requirements set
forth in subdivisions A and B of this section and to impose mitigation fees to
fund the cost of certain facilities and services, the demand for which is
directly or indirectly generated by the type of new development proposed in the
City of Lodi General Plan, under the authority of:
° the police power of the City granted under Article XI, Section 7, of the
California Constitution;
ORD1518/TXTA,. 025
the provisions of the
Code, Section 21000 et
ni ti ga to environmental
the provisions of the
Section 65300 et. seq.
Government Code Sec
California Environmental Quality Act, Pub is Resources
seq. which in general requires that a l l developments
imoacts.
California Government Code regarding General Plans at
including but not limited to the provisions of
Sect
65400.
It is the further purpose of this chapter to require that adequate provisions
are made for developer -financed facilities and services within the City of Lodi
city limits as a condition to the approval of new development.
Development Impact Mitigation Fees are hereby established on development in the
City of Lodi. Development Impact Mitigation Fees shall consist of separate fees
as described in Section 15.64.030 of this Code. The City Council shall, by
resolution, set forth the specific amount of the fees; describe the benefit and
impact area on which the fee is imposed; refer to the specific improvements to
be financed, their estimated cost and reasonable relationship between this fee
and the various types of new developments; and set forth time for payment.
Adoption of such fee resolutions shall be done in compliance with Government
Code Sections 66016 et. seq..
E. The specific improvements to be financed by the fee are described in City of
Lodi Development Impact Fee Study prepared for the City of Lodi by Nolte and
Associates and Angus McDonald & Associates, dated August, 1991, a copy of which
is on file with the City Clerk. The calculation of the fee is based upon the
findings in the referenced Study.
E Nw development will generate new demand for facilities which must be
accommodated by construction of new or expanded facilities. The amount of
demand generated and, therefore, the benefit gained, varies according to kind of
use. Therefore, a "residential acre equivalent" (RAE) factor was developed to
convert the service demand for each General Plan land use into a ratio of the
particular use's rate to the rate associated with a low-density, single-family
dwel T i ng gross acre. The Council finds that the fee per unit of development is
directly proportional to the RAE associated with each particular use.
15.64.020 Definitions.
A. "Acreage" means the gross acreage for fee calculation purposes of any property
within the City of Lodi General Plan area not including the acreage of dedicated
street right-of-way existing prior to development, except that the area of neve
dedicated street right-of-way in excess of 34 feet on one side of a street shall
not be included in the gross acreage.
B. "Building Permit" means the permit issued or required for the construction,
improvement or remodeling of any structure pursuant to and as defined by the
City of Lodi Building Code.
C. "Costs" means amounts spent, or authorized to be spent, in connection with the
planning, financing, acquisition and development of a facility or service
including, without limitation, the costs of land, construction, engineering,
administration, and consulting fees,
D. "Development" or "Project" means any of the following:
For water, sewer and storm drainage impact fees: any new connection to the
City system or increase in service demand.
ORD1518/TXTA.02J
2. For streets impact fees: any project that increases traffic.
3. For police, fire, parks and recreation and general City facilities impact
fees: any project generating new or increased service demand.
E. "Facilities" means those public facilities designated in the City of Lodi
Development Impact Fee Study and as subsequently designated by the City Council.
F. "Land Use" means the planned use as shown on the General Plan Land Use Map
defined by the following categories based on the designations in the Lodi
General Plan:
1. Low -Density Residential - Single-family detached and attached homes,
secondary residential units, and similar uses not exceeding 7.0 units per gross
acre.
2. Medium -Density Residential - Single Family and Multi -family residential
units and similar uses between 7.1 and 20.0 units per gross acre.
3. High -Density Residential - Multi -family residential units, group quarters,
and similar uses between 20.1 and 30.0 units per gross acre.
4. East Side Residential - This designation reflects the Lodi City Council's
adoption of Ordinance No. 1409. This designation provides for single-family
detached and attached homes, secondary residential units, and similar uses not
exceeding 7.0 units per gross acre.
5. Planned Residential - Single-family detached and attached homes, secondary
residential units, multi -family residential units, and similar uses and is
applied to largely undeveloped areas in the unincorporated area of the General
Plan. All development under this designation shall be approved pursuant to a
specific development plan. As specific development plans are approved, the
planned residential designation shall be replaced with a low, medium, or high
density residential designation, or a public/quasi-public designation based on
its approved use and density.
6. Neighborhood Commercial - Neighborhood and locally -oriented retail and
service uses, public and quasi -public uses, and similar uses with a floor/area
ratio not exceeding 0.40.
7. General Commercial - Land -intensive retail and wholesale commercial uses,
public and quasi -public uses, and similar uses with a floor/area ratio not
exceeding 0.40.
8. Downtown Commercial - Restaurants, retail, service, professional and
administrative offices, hotel and motel uses, and similar uses in the downtown
area of Lodi. For purposes of this chapter, development standards and demands
are comparable to Neighborhood Commercial land use.
9. Office - Professional and administrative offices, medical and dental
clinics, laboratories, financial institutions, and similar uses with a
floor/area ratio not exceeding 0.50.
10. Light Industrial - Industrial parks, warehouses, distribution centers, light
manufacturing, and similar uses with a floor/area ratio not exceeding 0.50.
OR01518/TXTA.02J
11. Heavy Industrial - Manufacturing, processing, assembling, research,
wholesale and storage uses, trucking terminals, railroad facilities, and similar
uses with a floor/area ratio not exceeding 0.50.
12. Public/Quasi-Public - Government-owned facilities, public and private
schools, and quasi -public uses such as hospitals and churches with a floor/area
ratio not exceeding 0.50. The appropriate Residential Acre Equivalent (RAE)
factor for these uses shall be determined on a case-by-case basis by the Public
Works Director.
G. "Program Fee Per Residential Acre Equivalent" means the total program costs, for
a particular category of facility divided by the total number of residential
acre equivalents and adjusted for price -changes up to the year of construction
and for the cost of financing, as identified in the City of Lodi Development
Impact Fee Study or subsequent update for that particular category.
A "Residential Acre Equivalent Factor" (RAE) is a conversion factor used to
reflect the service demand for each land use, with respect to the same
characteristics for a low-density, single-family detached dwelling unit zoned in
a residential zoning category ("R -LO" low-density) based on the City of Lodi
General Plan.
.L�..64.030. Development Impact Funds.
The City Finance Director shall create in the City treasury the following speciai
interest-bearing trust funds into which all amounts collected under this chapter
shall be deposited.
A. Water Facilities
B. Sewer Facilities
1. General Sewer Facilities
2. Kettleman Lane Lift Station
3. Harney Lane Lift Station
4. Cluff Avenue Lift Station
C. Storm Drainage Facilities
D. Street Improvements
E Police Facilities
F. Fire Facilities
G. Parks and Recreation Facilities
H. General City Facilities and Program Administration
The fees shall be expended solely to pay the costs of facilities (including interest
on interfund loans) or to reimburse developers entitled to reimbursement under this
chapter. The funds for the categories listed above shall be kept separate. For
ORD1518/TXTA.02J
I
purposes of this chapter, they are referred to in aggregate as the "Development
Impact Fee Fund".
The City Manager shall have the authority to make loans among the Development Impact
Fee Funds to assure adequate cash flow. Interest charged on each loan shall be the
same as the rate earned on other City funds.
15.64.040 Payment of Fees.
A. The property owner of any development project causing impacts to public
facilities shall pay the appropriate Development Mitigation Fee as provided in
this Chapter. The amount shall be calculated in accordance with this Chapter
and the Program Fee per Residential Acre Equivalent as established by Council
Resolution.
B. When such payment is required by this Chapter, no final subdivision map,
building permit or grading permit shall be approved for property within the City
of Lodi unless the Development Impact Mitigation Fees for that property are paid
or guaranteed as provided herein.
C. The fees shall be paid before the approval of a final subdivision map, building
permit or grading permit, whichever occurs first except as provided in
Subsection E of this Section.
D. If a final subdivision map has been issued before the effective date of this
Ordinance, then the fees shall be paid before the issuance of a building permit
or grading permit, whichever comes first.
E Where the development project includes the installation of public improvements,
the payment of fees for Police, Fire, Parks and Recreation and General City
Facilities and Program Administration may be deferred and shall be collected
prior to acceptance of the public improvements by the City Council. Payment of
all deferred fees shall be guaranteed by the owner prior to deferral. Such
guarantee shall consist of a surety bond, instrument of credit, cash or other
guarantee approved by the City Attorney.
15.64.050 Adoption of Study. Capital Improvement Program and Fees.
A. The City Council hereby adopts the City of Lodi Development Impact Fee Study
dated August, 1991 and establishes a future Capital Improvement Program
consisting of the projects shown in said study. The City Council shall review
that Study annually, or more often if it deems it appropriate, and may amend it
by resolution at its discretion.
B. The City Council shall include in the City's annual Capital Improvement Program
appropriations from the Development Impact Fee Funds for appropriate projects.
C. Except for facilities approved by the Public Works Director for construction by
a property owner under Section 15.64.080 or as shown in the annual Capital
Improvement Program, all facilities shall be constructed in accordance with the
schedule established in the Development Impact Fee Study.
D. The Program Fee per Residential Acre Equivalent (RAE) shall be adopted by
resolution and shall be updated annually, or more frequently if directed by the
City Council, by resolution after a noticed public hearing. The annual update
shall be based on a report by the Public Works Director including the estimated
cost of the public improvements, the continued need for those improvements, and
ORD1518/TXTA.02J
the reasonable relationship between such need and the impacts of the various
types of development pending or anticipated and for which this'fee is charged.
In the absence of substantial changes in the projects or unit prices, the change
18 LvMes tC�ostructilonT shim e d by the change in the Engineering Nis Record
15.64.060 Calculation of Fees.
The Development Impact Mitigation Fees required under Section 15.64.040 are
calculated as follows:
... --.«4--JIvc.I I9Aa
.swc c4u1r09c
Storm
?arks &
Genal Cit,
Water
Seer
Drainage
Streets
Police
Fiw
Recreation
Facilities
;Land Use Categories ;
RAE
R0.
RAE
RAE
RAE
RAE
RAE
RAE
'RESIDENTIAL �:
1.00
Li
1.00
1.00
1.00
1.00
100
1.00
Me iii D i ty
1.96.
L
100
196
1.77
196
1 A3
1 A3
Nib Density
3.49
3.
1.00
3.05
4.72
4.32
2.80
2,80
East .Side. ResicentiaY .
1:00
Li
1.00
1.00
1.09
1.10
1.10
1.10
RESIDE'•
RAM
Lav -
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.0D
t4ediunt ityv..
1.96
196
1.00
1.96
1.77
1.96
1.43
1.43
Nick D�sity
3499
849
1.00
3.05
4.72
4.32
2.80
2.80
Nei a Cowercial
0.64
0.94
1.33
1.90
428
2.77
0.32
0.89
::: QRD15,18/TXTA.O�
Coal Camnrcial
0.64
0.94
1.33
3.82
259
1.93
0.32
0.89
Downtown Camiercial
0.64
0.94
1.33
1.90
428
2.77
0.32
0.89
Office Camercial
0.64
G.94
133
327
3.72
2.46
0.54
1.53
If -GIRIAL
Light Industrial
0.26
0.42
1.33
2.00
0.30
0.64
023
0.64
Navy Indtstrial
0.26
042
1.33
127
0.19
0.61
0.33
0,93
15.64.080 Credit and Reimbursement for Ccnstruction of Facilities
A. Construction of Facilities in Program Year
1. The Public Works Director may direct or authorize the owner to construct
certain facilities specified in the Development Impact Fee Study, or portions
thereof, at the time and as designated in the Study, in lieu of all, or a
portion of, the fee required by this chapter. Me owner is entitled to a credit
if the owner: (1) constructs the improvements, (2) finances an improvement by
cash or other means approved by the Council, or (3) a combination of the above.
The credit to be provided to the property owner shall be determined by the
Public Works Director based on prevailing construction costs plus 10%for
engineering and administration and shall be approved by the Council. The
construction of a facility authorized by this section must consist of a usable
facility or segment and be approved by the City and constructed in accordance
with the City of Lodi's Public Improvement Design Standards. The property owner
must post a bond or other security in a form acceptable to the Director for the
complete performance of the construction before credit is given.
2. If the amount of the credit is less than the amount of the otherwise
applicable fee, the property owner shall pay the amount which, when added to the
credit received for the construction of facilities, equals the fee obligation.
3. If the amount of the credit is greater than the amount of the otherwise
applicable mitigation fee, the property owner shall be paid the difference only
from the appropriate Development Impact Fee Fund, after the project is accepted
by the City, and a t the end of the year i n which the proj ect i s planned to be
completed under the Study.
B. Construction of Facilities Prior to Program Year
1. If the construction described in subsection A occurs before the fiscal year
for which construction is scheduled under the Study, the property owner shall
receive no immediate credit against the applicable fee. The property owner
shall be reimbursed from the appropriate Development Impact Fee fund at the end
of the year in which the project is planned under the Study Program Year. The
reimbursable amount shall be the estimated cost of the facility as determined in
sub -section A.I. With specific approval of the Council, reimbursement may occur
after the year in which the project is planned, if in the opinion of the Public
he Z i yr apirt�ltTmprdovJenR oegramn' to assure the orderly implementation of
2. To implement this subsection B.l, the property owner and the City shall
first enter into a reimbursement agreement. In addition to its other terms, the
agreement shall provide that:
ORp1518/TXTA.02J
(a) the general fund of the City is not liable for payment of any
obligations arising from the agreement;
(b) the credit or taxing power of the City is not pledged for the payment of
any obligations arising frcm the agreement;
(c) the land owner shall not compel the exercise of the City taxing
power or the forfeiture of any of its property to satisfy any
obligations arising from the agreement;
(d) the obligation arising from the agreement is not a debt of the City, nor
a legal or equitable pledge, charge, lien, or encumbrance, upon any of
its property, or upon any of its income, receipts, or revenues, and is
payable only from the fees deposited in the appropriate City of Lodi
Development Impact Fee Fund;
(e) the reimbursable amount shall be increased annually to include an amount
attributable to interest. This amount shall be based on the change in
the Engineering News Record 20 Cities Construction Cost Index from the
January 1 index of the year of construction to the January 1 index of
the year of reimbursement.
15.64.090 Other Authority.
A. This chapter is intended to establish a supplemental method for funding the cost
of certain facilities and services, the demand for which will be generated by
the level and type of development proposed in the Lodi General Plan. The
prov'� ;ions of this chapter shall not be construed to limit the power of the City
Council to impose any other fees or exactions or to continue to impose existing
ones on development within the City of Lodi, but shall be in addition to any
other requirements which the City Council is authorized to impose, or has
previously imposed, as a condition of approving a plan, rezoning or other
entitlement within the City of Lodi. In particular, individual property owners
shall remain obligated to fund, construct, and/or dedicate the improvements,
public facilities and other exactions required by, but not limited to, the City
of Lodi Municipal Code, Public Improvement Design Standards and other applicable
documents. Any credits or reimbursements under Section 15.64.080 shall not
include the funding, construction, or dedications described in this subsection.
15.64.100 Findings Regarding Use of Fees.
A. A required under Government Code Section 66001(d), the City shall make findings
once each fiscal year with respect to any portion of the fee remaining
unexpended or uncommitted in its account five or more years after deposit of the
fee, to identify the purpose to which the fee is to be put and demonstrate a
reasonable relationship between the fee and the purpose for which it was charged.
B. A required under Government Code Section 66001(e), the City shall refund to the
current record owner on a prorated basis the unexpended or uncommitted portion
of the fee, and any interest accrued thereon, for which need cannot be
established.
15.64.110 Fee Exemptions.
The following developments are exempt from payment of fees described in this chapter:
A. City of Lodi projects;
B. Projects constructed or financed under this chapter;
ORD1518/TXTA.02J
C. Reconstruction of, or residential additions to single-family dwellings, but not
including additional dwelling units;
D. Property which has paid a Master Storm Drain fee pursuant to Resolution 3618 or
Ordinance 1440 is exempt from payment of the Storm Drainage Impact Fee except
for changes in land use as described in the Fee resolution.
15.64.120 Fee Adjustment or Waiver.
A. The owner of a project subject to a fee under this chapter may apply to the
Public Works Director for an adjustment to or waiver of that fee. The waiver of
this fee shall be based upon the absence of any reasonable relationship between
the impact on public facilities of that development and either the amount of fee
charged or the type of facilities to be financed.
R. The application for adjustment or waiver shall be made in writing and filed with
the City Clerk no later than ten days after formal notification cf the fee to be
charged. The application shall state in detail the factual basis and legal
theory for the claim of adjustment or waiver.
C. I t is the intent of this chapter that:
1. The land use categories are based on General Plan designations which are an
average of a wide range of specific land uses; thus substantial variation
must be shown in order to justify a fee adjustment,
2. The Public Works Director may calculate a fee and/or require additional
improvements where the service demand of a particular land use exceeds the
standards shown in the definitions or used in determining the improvements
needed under the fee program,
3, The fee categories shall be considered individually; thus it may occur that
a fee adjustment or waiver is made in one category and not another, and
4. Where improvements providing capacity for the subject parcel have already
been constructed, a downward adjustment of the fee is not appropriate.
D. The Public Wcd<s Director- shall consider the application at an informal hearing
htld within 60 days after the filing of the fee adjustment or waiver
application. The decision of the Public Works Director is appealable pursuant
to Section 15.64.130.
E. The applicant bears the burden ofproof in presenting substantial evidence to
support the application. The Public Worms Director shall consider the following
factors in its determination whether or not to approve a fee adjustment or
waiver:
1. The factors identified in Government Code Section 66001:
° The purpose and proposed uses of the fee;
° The type of development;
° The relationship between the fee's use and type of development;
° The need for the improvements and the type of development; and
ORD1518/TXTA.02J
..... ...... - ......._-_
... _. . ........ .. .... .... _ _....................,.....u._ ......:......ra.«.vv...w.. v.:�wuv sH:v,A4a.�+CrHYk�gY.^.V1.
° The amount of the fee and the portion of it attributable to..the
development; and
2. The substance and nature of the evidence including the Development Impact
Fee Study and the applicant's technical data supporting its request. The
applicant must present comparable technical information to show that the fee
is inappropriate for the particular development.
15.64.130 Appeal Procedure.
A. The Publ is Wcd<s Director is responsible for administering, collecting,
crediting, adjusting, and refunding development fees. A decision by the Public
Works Director regarding a fee imposed under this chapter is appealable in
accordance with this section. A person seeking judicial review shall first seek
an appeal hearing under this section.
B. A person appealing a decision under this chapter shall file a request with the
Public Works Director who is responsible for processing the appeal. The appeal
shall be in writing, stating the factual and legal grounds, and shall be filed
within ten calendar days following the decision of the Public Works Director
being appealed.
C. The Public Works Director shall notify the City Manager of the appeal. 7 he City
Manager shall set the matter for hearing before the City Council and notify the
person appealing in writing of the time and place.
D. The City Council shall conduct the hearing, prepare written findings of fact and
a written decision on the matter, and shall preserve the complete administrative
record of the proceeding. The Council shall consider all relevant evidence
presented by the appellant, the Public Works Director or other interested party.
E. The decision of the City Council is final; it is reviewable by a court under
Code of Civil Procedure Section 1094.5.
F. The City of Lodi hereby adopts Code of Civil Procedure Section 1094.6 for the
purposes of judicial review under this section. A petition seeking review of a
decision under this Chapter shall be filed not later than the 90th day following
the date on which the decision of the hearing officer becomes final."
15.64.140 SEVERABIHY
If any provision or clause of this Ordinance or the application thereof to any
person or circumstances is held to be unconstitutional or to be otherwise invalid by
any court of competent jurisdiction, such invalidity shall not affect other
Ordinance provisions or clauses or applications thereof which can be implemented
without the invalid provision or clause or application, and to this end the
provisions and clauses of this Ordinance are declared to be severable.
SECTION 2. Repeal. Section 13.12.225 "Storm Drainage Impact Fee" 1 s repealed.
SBCHON 3. Amendment. Section 15.44.090 "Fees" is amended to read:
"The then -current applicable development fees must be paid prior to the issuance of
a building permit, or allowing the development to proceed, including:
A. Development Impact M i t i 3 a t i o n Fees
B. Wastewater Connection F -,e
ORD1518/TXTA.02J
C. Engineering Fee
D. Other established development fees and fees for service."
SECTION 4. Effective Date. This ordinance takes effect 60 days after its
a option. For purposes of this Chapter, building permit applications accepted and
deemed complete prior to the effective date shall not be subject to the Ordinance.
SECTION 5. Publication. The City Clerk shall either: (a) have this ordinance
published once within 15 days after adoption in a newspaper of general circulation,
or (b) have a summary of this ordinance published twice in a newspaper of general
circulation, once 5 days before its adoption and again within 15 days after its
adoption.
this 4th day September, 1991
DAVID"M. HINCHMAN
Mayor
ATTEST :
_ Azv 7)7_ -e&
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1518 was introduced at a regular meeting of the City Council of the
City of Lodi held August 21, 1991 and was thereafter passed, adopted and ordered to
print at a regular meeting of said Council held September 4, 1991 by the following
vote:
Ayes : Council Members - Pennino, Sieglock, Snider and Hinchman (Mayor)
Noes : Counci 1 Members - Pinkerton
Absent: Council Nfmbers (None
Abstain: Council Members - None
I further certify that Ordinance No. 1518 was approved and signed by the Mayor on
the date of its passage and the same has been published pursuant to law.
A
ALICE M. R E I MC H E
City Clerk
Approved as to form:
LJ &
BOBBY W. MCNATT
City Attorney
0RD1518/TXTA.02J