HomeMy WebLinkAboutAgenda Report - November 4, 2009 K-01AGENDA ITEM K-01
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1825 Entitled, "An Ordinance of the City Council of the City of Lodi
Amending Lodi Municipal Code Chapter 15.68, `San Joaquin County Multi -Species
Habitat Conservation and Open Space Plan Development Fees,' by Repealing and
Reenacting Section 15.68.020(B), "Annual Adjustment"
MEETING DATE:
PREPARED BY:
November4,2009
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1825.
BACKGROUND INFORMATION: Ordinance No. 1825 Entitled, "An Ordinance of the City Council of
the City of Lodi Amending Lodi Municipal Code Chapter 15.68, `San
Joaquin County Multi -Species Habitat Conservation and Open
Space Plan Development Fees,' by Repealing and Reenacting
Section 15.68.020(B), "Annual Adjustment"" was introduced 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't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
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Attachment
None.
None required.
ZRan��_
City Clerk
APPROVED: �r
Blair Isi ty Manager
counci I/cou ncom/Ordinance 1.doc
ORDINANCE NO. 1825
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING LODI MUNICIPAL CODE CHAPTER 15.68, "SAN
JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION
AND OPEN SPACE PLAN DEVELOPMENT FEES," BY
REPEALING AND REENACTING SECTION 15.68.020(B),
"ANNUAL ADJUSTMENT"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Chapter 15.68, "San Joaquin County Multi -Species Habitat Conservation
and Open Space Plan (SJMSCP) Development Fees," Section 15.68.020(B), "Annual
Adjustment," is hereby repealed and reenacted to read as follows:
B. Annual Adjustment. The Fee established pursuant to a
resolution shall be adjusted each year by an amount
consistent with the California Construction Cost Index
(CCCI) as published by the Engineering News Record
and/or in conformance with Section 7.5.2.2. of the
SJMSCP, and as approved by SJCOG, Inc.
The proposed fee adjustments shall be adopted by the
Lodi City Council in order to be effective by January 1 St of
each year.
SECTION 2. No Mandatory Dutv 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. 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 it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
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 onetime 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 thirty days from and after its passage and approval.
Approved this 4" day of November, 2009
LARRY
Mayor
LH
L
City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1825
was introduced at a regular meeting of the City Council of the City of Lodi held October
21, 2009, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held November4, 2009, by the following vote:
AYES: COUNCIL MEMBERS —Hitchcock, Johnson, Katzakian, and
Mayor Hansen
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— Mounce
ABSTAIN: COUNCIL MEMBERS— None
I further certify that Ordinance No. 1825 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuantto law.
I JOHL
City Clerk
roved as to Form:
-D. MAGDICH
City Attorney
K