HomeMy WebLinkAboutAgenda Report - October 21, 2009 L-01AGENDA ITEM L-01
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1824 Entitled, "An Ordinance of the Lodi City Council Amending
Lodi Municipal Code Title 16 — Subdivisions — by Adding New Sections 16.12.040
and 16.16.030, `Monuments
MEETING DATE:
PREPARED BY:
October 21,2009
City Clerk
RECOMMENDEDACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1824.
BACKGROUND INFORMATION: Ordinance No. 1824 entitled, "An Ordinance of the Lodi City Council
Amending Lodi Municipal Code Title 16 — Subdivisions — by Adding
New Sections 16.12.040 and 16.16.030, `Monuments,"' was
reintroduced at the regular City Council meeting of October 21,
2009.
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 fCode§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov fCode§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Randi Johl
City Clerk
RJ/jmr
Attachment
APPROVED:
Blair Kirfy Manager
council/councom/Ordinance1.doc
ORDINANCE NO. 1824
AN ORDINANCE OF THE LODI CITY COUNCILAMENDING
LODI MUNICIPAL CODE TITLE 16— SUBDIVISIONS— BYADDING
NEW SECTIONS 16.12.040 AND 16.16.030, "MONUMENTS
BE IT ORDAINED BY THE LODI CITY COUNCILAS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 16.12, "Parcel Maps," is hereby amended by
adding a new Section 16.12.040, "Monuments," to read as follows:
16.12.040 Monuments
Whenever, the City established GPS Network Grid is within a reasonable
distance to the parcel map boundary, as determined by the City Engineer,
the field survey shall reference at leasttwo control monuments. The control
monuments shall be used to establish the basis of bearing and ties to those
monuments and shall be shown on the parcel map.
SECTION 2. Lodi Municipal Code Chapter 16.16, "Final Maps," is hereby amended by
adding a new Section 16.16.030, "Monuments," to read as follows:
16.16.030 Monuments
Whenever, the City established GPS Network Grid is within a reasonable
distance to the final map boundary, as determined by the City Engineer, the
field survey shall reference at least two control monuments.The control
monuments shall be used to establish the basis of bearing and ties to those
monuments and shall be shown on the final map.
SECTION 3. No MandatoryDuty 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 propertywithin the City or
outside of the City so as to provide a basis of civil liabilityfor damages, except as otherwise
imposed by law.
SECTION4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that itwould haveadoptedthis ordinance irrespective of the invalidityof any
particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed
insofaras such conflict may exist.
SECTION 6. This ordinance shall be published pursuantto law and shall become effective
30 days from the date of passage and adoption.
Approved this 215t day of October, 2009
LARRY D HANSEN
Mayor
.
3
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certifythat Ordinance No. 1824
was introduced at a regular meeting of the City Council of the City of Lodi held October 7,
2009, and was thereafter passed, adopted, and ordered to printat a regular meeting of said
Council held October 21, 2009, by the following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, Mounce,
and Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Ifurthercertifythat Ordinance No. 1824was approved and signed bythe Mayor on
the date of its passage and the same has been published pursuantto law.
APPROVED TO FORM:
NSC LIIJER
City Attorney
PA