HomeMy WebLinkAboutAgenda Report - August 17, 2011 I-02AGENDA ITEM Or4o Z
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 13 — "Public Services" by
Repealing and Reenacting Section 13.12.460(L), and Further Repealing and
Reenacting Section 13.12.565 Relating to "Sewer Service"
MEETING DATE: August 17, 2011
PREPARED B Y City Attorney
RECOMMENDED ACTION: Introduce Ordinance amending Lodi Municipal Code Title 13 —
"Public Services" by repealing and reenacting Section 13.12.460(L),
and further repealing and reenacting Section 13.12.565 relating to
"Sewer Service."
BACKGROUND INFORMATION: Recent review of our federally mandated sewer pretreatment
standards require the City to amend its sewer pretreatment
Ordinanceto repair two typographical errors in cross-references.
A redline strikeout draft of the changes is attached. Adopting these changes is a condition of maintaining
the City's discharge permit.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Notapplicable.
APPROVED: --
Konradt Bartlam, City Manager
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 13 "PUBLIC
SERVICES" BY REPEALING AND REENACTING
SECTION 13.12.460 (L); AND FURTHER REPEALING
AND REENACTING SECTION 13.12.565 RELATING TO
SEWER SERVICE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
Section 1. Lodi Municipal Code Section 13.12.460 "L" — is hereby repealed and
reenacted to read as follows:
L. Requirements for "slug discharge" plans as required by 40 CFR 403.8(f)(2)(vi)(A)-(D).
Section 2. Lodi Municipal Code Section 13.12.565 — is hereby repealed and
reenacted to read as follows:
13.12.565 Notice of Potential Problems, Including Slug Loading, Regardless of
Whether or Not a Discharge Violates the Terms of this Chapter.
All Industrial users shall notify the Water Services Manager or White Slough Water
Pollution Control Facility personnel immediately of all discharges that could cause
problems to the WSWPCF including slug discharge as defined by Lodi Municipal Code
§13.12.020 (594).
Section 3 - 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 4 - 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 5. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 6. 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 day of , 2011.
BOBJOHNSON
Mayor
ATTEST:
RANDIJOHL
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.
was introduced at a regular meeting of the City Council of the City of Lodi held
, 2011, and was thereafter passed, adopted, and ordered to print at a
regular meeting of said Council held , 2011, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law.
APPROVED TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
2
RANDIJOHL
City Clerk