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HomeMy WebLinkAboutAgenda Report - August 7, 2013 J-02AGENDA ITEM J-02 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1881 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 10.44 — Stopping, Standing and Parking — by Adding Section 10.44.125, `Electric Vehicle Charging Stalls"' MEETING DATE: August 7, 2013 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1881. BACKGROUND INFORMATION: Ordinance No. 1881 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Chapter 10.44 — Stopping, Standing and Parking — by Adding Section 10.44.125, `Electric Vehicle Charging Stalls,"' was introduced at the regular City Council meeting of July 17, 2013. 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't Code § 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: None. FUNDING AVAILABLE: None required. Randi Jb46Qedh City Clerk RJO/jmr Attachment APPROVED: Konradt Bartlam, City Manager counci I/cou ncom/OrdinanceZdoc ORDINANCE NO. 1881 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 10.44 — STOPPING, STANDING AND PARKING — BY ADDING SECTION 10.44.125, "ELECTRIC VEHICLE CHARGING STALLS" BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 10.44.125, "Electric Vehicle Charging Stalls," is hereby added to read as follows: A) A person shall not park or leave standing a vehicle in a stall or space in a city -owned parking lot designated pursuant to California Vehicle Code Section 22511 unless the vehicle is connected for electric charging purposes. B) A person shall not obstruct, block, or otherwise bar access to parking stalls or spaces described in subdivision (a) except as provided in subdivision (a). SECTION 2. 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 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 pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this 7th day of August, 2013 cD1;� ALAN NAKANISHI MAYOR !JL_OLSON T. City Clerk State of California County of San Joaquin, ss. I, Randi Johl-Olson, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1881 was introduced at a regular meeting of the City Council of the City of Lodi held July 17, 2013, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held August 7, 2013, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1881 was approved and ed by the Mayor on the date of its passage and the same has been published pur, ant t aw. RAND JOHL-OLSON City Clerk 17r,ove to Form D. STEPHEN SCHWABAUER City Attorney 2