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HomeMy WebLinkAboutAgenda Report - September 7, 1983 (58)s apprised that the following letter had been �C,40=191dwa vfrac Mbrris and Weneli, Architects and Planners requesting a change in the City's Water Main Installation Policy: "It has come to my attention that the City of Lodi is requiring my client. Mr. Don Ford to extend a 10" water Ii,e approximately 671' to the west along his north property line to serve future easterly development. We feel the requirement is unfair, end we are formally asking the City of Lodi to rescind this decision for the following reasons: 1. Tia property to the East which the 10" line will ultimately serve is beyond the city limits. With the recent approval of the green belt initiative, the realities of this property being annexed and developed In the near future is rather remote, malting this requirement rather unnecessary. 2. The city's policy is to have the developer front the coat for these improvements and subsequent users pay partial reimbursements. The city only extends this payback period for five years. Money secured after this time would go to the city rather than return to the developer. In reality, we will never see my monetary reimbursement for fronting this work. 3. The cost for this 10" extension exceeds $14,000.00. 4. We would be willing to give the of i; an easement so if the property was ultimately developed in the future, that deveioper could pay for the 10" extension. This certainly is a more equitable solution. Please place this request for modification an the next council agenda. Please call if you have any questions." DEVELOPER' S Public Works Director Ronsko outlined the existing City R11ST FOR policy as it relates to water and fire protection develop- NMIFICATICN OF ment requtrenents (subdivision or single parcel) as follows: WKM MI ff= PLAN LIM EXIMICN 1. The developer is required to provide water service and R'tWIRitY MS fire protection to his development by extending water main through the frontage of his property. 2. The developer is required to size and locate the mains to serve hi develolment and he must also conform to the City's Water Master Plan. 3. if the developer extends a water main which will ultimately serve other fronting parcels. the City enters Into a 10 -year reimbursement agreement with the developer. 4. Where the City's Master Plan calls for a major water main installation (10" or greater), the developer shall install the sine line shown on the Master Plan; however, the City will credit him for the difference in cost of materials between an 8" water main installation and the installation required under the Master Plan. g. Where possible, the Master Plan lines are installed within the public street right-of-way. However, in industrial and large commercial areas, in order to get the proper grid network, it is necessary to install same Mister plan lines in easements. 'Anis is the situation which is being considered under this request. 6, the developer is also required to provide adequate ` on-site fire protection. In most instances in larger parcel developments, this will require a water main 0" or 8") to be installed of -site. Council was further apprised that the 10" water main in question not only provides for proper extension into the future easterly industrial area, but it also provides necessary water pressure to the Cluff Avenue area by ultimately tying into the City's existing 14" water mein east of the Central California tracks. —It is true that this ultimate looping may not take place until the area east of the existing City limits is developed. As part of the Cluff Avenue Assessment District work, the 10" water main has been stubbed to the easterly right-of-way on Cluff Avenue at the north property line of the subject property. Following discussion with diagrams of the subject area being presented for Council's perusal, Council, on motion of Council Member Reid, Mxrphy second, determined that the property owner be required to provide the City with a 10' Public Utility Easement; further, that the property owner be required to provide/or extend an 8" water line for approximately 250' throggb the frontage of his property; and at such time as the property to the east of the subject parcel is developed or at such time as the City may call for it, the property owner will be required to extend an 8" water line for the remaining approximately 400 feet to the west along his north property line to serve future easterly development. 0 CITY OF LODI PUBLIC WORKS DEPARTMENT TO: City Council FROM: City Manager DATE: September 2, 1983 COUNCIL COMMUNI SUBJECT: Developer's Request for Modification of Water Master Plan Line Extension Requirements RECOMMENDED ACTION: That the City Council discuss this request and take the appropriate action. BACKGROUND INFORMATION: Attached is a letter dated August 9. 1983, from Morris b Wenell, Architects b Planners, requesting a change in the City's Water Main Installation Policy. Also attached is a pian showing the subject parcel and a copy of the City's Water Master Plan showing the subject 10" water main. For Council information, the existing policy as it relates to water and fire protection development requirements (subdivision or single parcel), Is as follows: i. The developer is required to provide water service and fire protection to his development by extending water main through the frontage of his property. 2. The developer is required to size and locate the mains to serve his development and he must also conform to the City's Water Master Plan. 3. If the developer extends a water main which will ultimately serve other fronting parcels, the City enters into a 10 -year reimbursement agreement with the developer. 4. Where the City's Master Plan calls for a major water main In- stallation (101' or greater), the developer shall install the size line shown on the Master Plan; however, the City will credit him for the difference in cost of materials between an 81' water main installation and the installation required under the Master Plan. 5. Where possible, the Master Plan lines are installed within the public street right-of-way. However, in industrial and large commercial areas, in order to get the proper grid network, it Is necessary to Install some Master Plan lines in easements. This is the situation which is being considered under this request. APPROVED: HENRY A. CLAVES, City Manager FILE NO. :� � .`..' Cc4fell COS' A WIcation - Water Master Plan Page 6. The developer is also required to provide adequate on-site fire protection. In most instances In larger parcel develop- ments, this will require a water main (6" or 811) to be installed on-site. The_ 10. water;,msin in.question not only provides for proper extension into the future,easter,ly lndustriai area, but it also provides necessary water pressure to Lhe•C1uff Avenue area by ultimately tying Into the City's existin 14",water main east of,the Central California tracks. it is true that this ultimate looping,,may not take place until .the area east of the existing City limits is developed. As part of the Cluff Avenue Assessment District work, the1.0" water. -main has been stubbed to the easterly right-of-way on Cluff Avenue at the north property line of the subject property. if the. Council desi..res, to act favorably upon- the request, It is-reropaended that: 1. An, appcoprIate pubi.ic utility easement,:.be reserved for. the.; future installation of the Master Plan 101' water msin.,or that, 2. if an on-site fire system is required, that the east -west .line, be -upgraded to a.10'-, size conforming to the Master, Plan req9.1,renant and that. the. City ,credi.t the developer with, any over -sizing costs of. this. construction. -. Based on the condttions of Measure A,, and that the,,subject .,1,0" wa,�er,xwfn cannot be located In^apuhl;i,c street right;-of-way,and that the proposed development already has water service off of Cluff Avenue, it appears that the request shouid be con dered. _•: �t Ott- t Pub Ic Works,,IN r,",tor t. cc: Morris�6 Wenell Attachments JLR/eeh .a t� � py��'r � •4 '�j� �r � p- MORRIS & WEN&L. archl�cts and planners, Inc. 901 V" tAc;ust SVW a trod, Q*bMi. 96240 Phone (209) 309 -MM August 9, 1983 Mr. Jack Ronsko City Engineer CITY OF LODI 221 West Pine Street Lodi, California 95240 SUBJECT: DELETION OF A 10" WATER LIMB TO ACCESSOR'S PARCEL NO. 049-080-51 Dear Mr. Ronsko: It has come to my attention that the City of Lodi is requiring my client, Mr. Don Ford to extend a 10" water line approximately 671' to the west along his north property line to serve future easterly development. We feel the requirement is unfair, and we arc formally asking the City of Lodi to rescind this decision for the following reasons: 1. The property to the East which the 10" line will ultimately serve is beyond the city limits. With the recent approval of the green belt initiative, the realities of this property being annexed and develop- ed in the near future is rather remote, making this requirement rather unnecessary. 2. The city's policy is to have the developer front the cost for these improvements and subsequent users pay partial reimbursements. The city only extends this payback period for five years. Money secured after this time would go to the city rather than return to the developer. In reality, we will never see any monetary reimbursement for fronting this work. 3. The cost for this 10" extension exceeds $14,000.00. 4. we would be willing to give the city an easement so if the property was ultimately developed in the future, that developer could pay for the 10" extension. This certainly is a more equitable solut %n. RECEIVED AUG 12 1983 CITY OF LODI robed a. monis ° larry wenell MR. JACK RONSKO August 9, 1983 Page 2 Please place this request for modification on the next council agenda. Please call if you have any questions. Respectfully Submitted, MORRIS i NBNBLL krchitects and Planners Inc. Robert Morris, Architect President RM:cb Enclosure cc: Mr. Don Ford ■ - - At .;;,....d`�'^'�•o-�A�SF�''�'Es -$'�Mi��+= '5;�...s ..•a^sa��■�- �^^. Y! 411 '.f • II • /�i rj'7, t. rrenra w� LiAlt r � � � • . � t 'Rod. G7A<ir � � .. r'iR Iyp� Z >A c. Net bi 4lqC 1dy ^ Q t 9 •) r 1 7 r LO/ Z.40e /��. i!d• :I' M! fir 7Z r r 1 ' n a..* •lwelpce 4:00- ap Y j( 9a so ' wr o. 30 1W. 36:$ ` CIL \s "' n , Ac. Not 1 Cb dee Era;.. - -- f$fc -- i�c � •v,�t . �� ftVATIE At PAX I„ Vises e7 nye i b s• Opo mac. Aft -O' 1� ✓ � h a • Y fd* Alk • 11 VICTOR WAT*2 MASTE2 PLQ Irl + 1 Pli 37 La- , 1 Chat. COUNCIL EVELYN M. OLSON. PO4ym JOHN It (Randy) SNIDER Maym Pro Tempore ROBERT G. MURPHY JAMES W. PINKERTON. if. FRED)14 RE ID 'T,ITY OF L®D't"1 CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209)334-5634 September 27, 1983 HENRY A. CLAVES. Jr. City Manager ALICE M. REIMCHE City Clerk RONALD M. STEIN City Alto wy Mr. and Mrs. Donald 5chock 2025 West Cochran Road Lodi, CA 95240 Dear Mr. and Mrs. Schock: We have attached hereto a copy of the "Short Minutes" of the Lodi City Council Meeting of September 7, 1983. Please refer to item 14 on page 3 which sets forth the action taken by the Lodi City Council regarding off-site improvements pertaining to Cochran Road property owners. Should you have any questions, please do not hesitate to call this office. Very truly yours, Alice M. Rei&e City Clerk AMR:jj Enc. CITY COUNCIL EVELYN M. OLSON. Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore ROBERT G. MURPHY JAMES W. PINKERTON. Jr. FRED M. REID 'CITY OF LODI Cirri HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209)334-5634 September 27, 1983 HENRY A. CLAVES. Jr. City Man&&" ALICE M. REIMCHE CRY Clerk RONALD M. STEIN City Attorney Mr. Claude Lewis 2033 west Cochran Road Lodi CA 95240 Dear Mr. Lewis: We have attached hereto a copy of the "Short Minutes" of the Lodi City Council meeting of September 7, 1983. Please refer to item 14 on page 3 which sets forth the action taken by the Lodi' City Council regarding off-site improvements pertaining to Cochran Road property owners. Should you have any questions, please do not hesitate to call this office. Very truly yours, 191z; * . 07 4^tA--.o Alice M. Reiache City Clerk AMR:jj Enc. CITY COUNCIL EVELYN M. OLSON. Mayor IOHN R. (Randy) SNIDER Mayor Pro Tempore ROBERT C- MURPHY JAMES W. PINKERTON. Jr. FRED M. REID I ITY OF LOD1 CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 330 LODI, CALIFORNIA 95241 (209) 334-5634 September 27, 1983 HENRY A. CLAVES. Jr. City Manager ALICE M_ REIMCHE City Clerk RONALD M. STEIN City Attorney Mr. and Mrs. Dallas Paul 9555 Springfield Way Stockton, CA 95212 Dear Mr. and Mrs. Paul: We have attached hereto a copy of the "Short Minutes" of the Lodi _ City Council meeting of September 7, 1983. Please refer to item 14 on page 3 which sets forth the action taken by,theLodi City Council regarding off-site improvements pertaining to Cochran.Road property owners. Should you have any questions, pelase do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR:jj Enc. CITY COUWIL EVELYN M. OLSON. Mayor 10HN R. (Randy) SNIDER Mayor Pro Tel ROBERT C. MURPHY !MMES W. PINKERTON. Jr. FRED M. REID Y O uIT F LOD]. CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209)334-5634 September 21, 1983 Mr. Robert Morris President Morris and Wenell 301 West Locust Street Lodi, CA 95240 Dear Mr. Morris: HENRY A. CLAVES. Jr. City Mariner ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney This letter will confirm the action taken by the Lodi City Council regarding your request for modification of the Water Master Plan Line Extension Requirements as it pertains to Assessors Parcel No. 049-080-51. The Lodi City Council, by motion action, determined that the property. owner be required to provide the City with a 10' Public Utility'Easement; further, that the property owner be required to provide/or extend an'8" water line for approximately 250' through the frontage of his property; and at such time as the property to the east of the subject parcel is developed or at such time as the City may call for it; the property owner will be required to extend an 8" water line for the remaining approximately 400 feet to the west along his north property line to serve future easterly development. Should you have any questions regarding the action, please do not hesitate to call. Very truly yours, �[ 7 Alice M. Reimche ' City Clerk AMR:JJ CITX-CC1UNCiL EVELYN M OLSON, Mayor 1OHN R. (Raedy) SNIDER Mayor Pio Tempore ROBERT G. MURPHY 1AMES W. PI`NKERTON, it. FRED M. REID SuITY OF LOD'4W, 1 CITY HALL, 221 WEST PINL STREET POST OFFICE BOX 320 LODI, CALIFORNIA 95241 (209) 334-5634 September 27, 1983 Mr. and Mrs. Norman Carlin 2041 West Cochran Road Lodi, CA 95240 Dear Mr. and Mrs. Carlin: HENRY A. CLAVES, It. City Manager ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney We have attached hereto a copy of the "Short Minutes" of the Lodi C-i-ty Council Meeting of September 7, 1983.. Please refer to item 14 on page 3 which sets forth the action taken by the Lodi City Council regarding off-site improvements pertaining to Cochran Road property owners. Should you have any questions, please do not hesitate to call this office.. Very truly ,Yours, Aw :4 Alice M. Reimc e City Clerk AMR:jj Enc. 1 CITY COUNCIL EVELYN M. OLSON, Mayor JOHN R. (Randy) SNIDER Mayer Pro Tempore ROBERT G. MURPHY JAMES W. PINKERTON. Jr. FRED M REID CITY OF LODi Ms. Christine Nielsen 2017 Nest Cochran Road Lodi, CA 95240 Dear Ms. Nielsen: CITY HALL, 221 WEST PINE STREET POST OFFICE BOX 320 LODI, CALIFORNIA 95241 (209)334.5634 September 27, 1983 HENRY A GLAVES. 1r We have attached hereto a copy of the "Short Minutes" of the Lodi City Council Meeting of September 7, 1983. Please refer to item 14 on page 3 which sets forth the action taken by the Lodi City Council regarding off-site improvements pertaining to Cochran Road property owners. Should�lY ou have a questions, please do not hesitate to call this y 4 office. Very truly yours, Alice M. Reimche City Clerk AN ORDINANCE TO AMEND ORDINANCE NO. IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of does ordain as follows: Section 1. Section 4 of the Ordinance No. is amended by amending subparagraph (4.5) of paragraph (b) thereof to read: (4.5) There shall be excluded from the gross receipts by which the tax is measured: amount o an s o use t i The amo f ales r e ax im -.ed ( ) Y P� by the State of California upon a retailer or consumer. (ii) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. Section 2. Section 5 of Ordinance No. is amended by amending subparagraph (3.5) of paragraph (b) thereof to read: (3.5) Theret shall be exempt from the tax due under this section: (1) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. (iii) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as -2- common carriers' of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. Section 3. Section 4 paragraph (b) subparagraph (4.5) of Ordinance No. as amended by Section 1 of this ordinance, is amended to read: (4.5) There shall be excluded from the gross receipts by which the tax is measured: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessesl for commercial purposes. (iii) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. Section 4. Sectir n 5 paragraph (b) subparagraph (3.5) of Ordinance No. as amended by Section 2 of this ordinance is amended to read: (3.5) There shall be exempt from the tax due under this section: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted In accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. _ ( C) -0 . -3- (iii) The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. (iv) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. Section 5. Sections 1 and 2 of this ordinance shall be operative January 1, 1984. Section 6. Sections 3 and 4 of this ordinance shall be operative on the operative date of any act of the Legislature of the State of California which amends or repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of Section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983. (C) (C) ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of does ordain as follows: Section 1. Section 4 of the Ordinance No. is amended by amending subparagraph (4.5) of paragraph (b) thereof to read: (4.5) There shall be excluded from the gross receipts by which the tax is measured: (i) The amount or any sales or use tax imposed by the State of California upon a retailer or cons)ner. (i The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persona or property under the authority of the laws of this state, the United States, or any foreign government. Section 2. Section 5 of Ordinance No. is amended by amending subparagraph (3.5) of paragraph (b) thereof to read: (3.5) There shall be exempt from the tax due under this section: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage., use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. (iii) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as r IV -2- common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. Section 3. Section 4 paragraph (b) subparagraph H.5) of Ordinance No. as amended by Section 1 of this ordinance, is amended to read: (4.5) There shall be excluded from the gross receipts by which the tax is measured: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessesl for commercial purposes. (iii) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. Section 4. Section 5 paragraph (b) subparagraph (3.5) of Ordinance No. as amended by Section 2 of this ordinance is amended to read: (3.5) There shall be exempt from the tax due under this section: ( i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. 1. 0 0 (C) -3- (iii) The storage, use or other consumption of trngible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. (iv) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, of any foreign government. Section S. Sections 1 and 2 of this ordinance shall be operatives January 1, 1984. Section 6. Sections 3 and 4 of this ordinance shall be operative on the operative date of any act of the Legislature of the State of California which amends or repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of Section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983. 0 0 ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION The City Council of the City of does ordain as follows: Section 1. Section 4 of the Ordinance No. is amended by ascending subpagai4'a;h (4.5) of paragraph (b) thereof to read: (4.5) There shall be excluded from the gross receipts by which the tax is measured: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. Section 2. Section 5 of Ordinance No. is amended by amending subparagraph (3.5) of paragraph (b) thereof to read: (3.5) There shall be exempt from the tax due under this section: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. (iii) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as (C) W.) 'W, -2- common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. Section 3. Section 4 paragraph (b) subparagraph (4.5) of Ordinance No. as amended by Section 1 of this ordinance, is amended to read: (4.5) There shall be excluded from i_he gross receipts by which the tax is measured: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessesl for commercial purposes. (iii) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States, or any foreign government. Section 4. Section 5 paragraph (b) subparagraph (3.5) of Ordinart7e No. as amended by Section 2 of this ordinance is ame cic A to read: (3.5) There shall be exempt from the tax due under this section: (i) The amount of any sales or use tax imposed by the State of California upon a retailer or consumer. (ii) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this state. (c) -3 - (iii) The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial purposes. (iv) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use, or other consumption of tangible personal property purchased by operato s of aircraft and used or consumed by Vopersons ) operators directly and exclusively in. use of such aircraft as common carriers or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government. Section 5. Sections 1 and 2 of this ordinance shall be operative January 1, 1984. Section 6. Sections 3 and 4 of this ordinance shall be operative on the operative date of any act of the Legislature of the State of California which amenes or repeals and reenacts Section 7202 of the Revenue and Taxation Code to provide an exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (1)(8) of Section 7202 of the Revenue and Taxation Code as those subdivisions read on October 1, 1983. � z CITY'CWNCIL SMEETIldG, • `pr SEPTEMBER 7, 1983 RESCUMM FIX- Following introduction of the matter by City Manager Glaves, IPC FEES FOR CARD Counc i 1, on mot ion of Counc i 1 Marne r Reid. Mirphy second, nrvlVl LIOMMIMr. adopted Resolution Pb. RA- IAI - Resolution of the Lodi City AND WORK PEWITS Council Fixing Fees for Card Roam Licensing and Work ADHD Permits. RES. PD. 83-101 RESOLUTION NO. RESOLUTION OF THE LODI CITY COUNCIL FIXING FEES FOR CARD ROOM LICENSING AND WORK PERMITS WHEREAS, the Lodi City Council at its regular meeting held July 6, 1983 adopted Ordinance No. 1288 regulating and licensing card rooms within the City of Lodi; and WHEREAS, said ordinance states that in compliance with said ordinance and in compliance with California Penal Code Sections 330 through 337; fees for license application and card room employee work permits shall be payable to the Lodi City Finance Department, said fees to be in an amount as may be fixed and established from time to time by resolution of the City Council; NOW, THEREFORE, BE IT RESOLVED that the following shall be the fees required under the following sections of Ordinance No. 1288: Section 7-5 - Application for License $14.50 Section 7-11 - Fee for Card Room Employee Work Permit $24.50 Section 7-12 - Renewal of Card Room Employee Work Permit $10.00 DATED: