HomeMy WebLinkAboutAgenda Report - September 7, 2011 J-04AGENDA ITEM J-04
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1850 Entitled, "An Ordinance of he 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"
MEETING DATE:
PREPARED BY:
September 7,201 1
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1850.
BACKGROUND INFORMATION: Ordinance No. 1850 entitled, "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," was introduced at the regular
City Council meeting of August 17, 2011,
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. GovY Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. GovYCode § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT:
FUNDING AVAILABLE:
RJ/JMR
Attachments
None.
None required
APPROVED:
i Johl
City Clerk
Konradt Bartlam, City Manager
council/councom/Ordinance4.doc
ORDINANCE NO. 1850
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 13 —PUBLIC
SERVICES — BY REPEALINGAND REENACTING
SECTION 13.12.460 (L); AND FURTHER REPEALING
AND REENACTING SECTION 13.12.565 RELATINGTO
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 Lodi Municipal Code Section 13.12.460 "L" is hereby repealed and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 Lodi Municipal Code Section 13.12.565 is hereby repealed and reenacted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 (54).
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 7" day of September, 2011.
BOBJOHNSON
Mayor
ATT
RA
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. 1850
was introduced at a regular meeting of the City Council of the City of Lodi held August
17, 2011, and was thereafter passed, adopted, and ordered to print at a regular meeting
of said Council held September 7, 2011, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS — None
further certify that Ordinance No. 1850 was approved and signed by the Mayor
on the date of its passage and the same has been I t t law.
RANDIJOHL
City Clerk
APPROVED TO FORM:
4DSHEN SC AUER
City Attorney
2