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HomeMy WebLinkAboutAgenda Report - November 19, 2014 J-01AGENDA ITEM J.OI Crrv or Lour COUNCIT-, COVTMUNICATION TM AGENDA TITLE: MEETING DATE: November 19,2014 PREPARED BY: City Clerk Ordinance No. 1900 Entitled, "An Ordinance of the Lodi City CouncilAmending Lodi Municipal Chapter 5.12 - Cardrooms - by Repealing and Re-enacting Section 5.12.140 (C) 'Rules and Regulations"' RECOMMENDED ACTION Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1900. BACKGROUN D INFORMATION Ordinance No. 1900 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Chapter 5.12 - Cardrooms - by Repealing and Re-enacting Section 5.12.140 (C) 'Rules and Regulations,"' was introduced at the regular City Council meeting of October 15,2014. 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. ld. 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 S 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code S 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT Not applicable. FUNDING AVAILABLE: Not applicable. nifer ity Clerk n JMRYPMF Attachment APPROVED: r¡har N :\Administration\CLERK\Cou ncil\COUNCOM\Ordinance 1 . DOC Manager ORDINANCE NO. 19OO AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5,12_ CARDROOMS - BY REPEALING AND REENACTING sEcTtoN 5.12.140 (C),'RULES AND REGULATIONS', BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 5.12 - Cardrooms - is here amended by repealing and reenacting Section 5.12.140 (C), "Rules and Regulations," and shallread as follows: C. Not more than fifteen tables shall be permitted in any cardroom. No more than fifteen tables shall be permitted to operate within the city. SECTION 2. No Mandatorv 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 liability for damages, except as otherwise imposed by law. SECTION 3. Severabilitv. lf 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 19th day of November, 2014 t PHIL KATZAKIAN MAYOR ATTEST IFER ROBISON Clerk State of California County of San Joaquin, ss. l, Jennifer M. Robison, city clerk of the city of Lodi, do^hereby certify-that ordinance No. 1g00 was introduced ai a regular meeting of the City Council of the City of Lodi held October 15,2014, and was therãafter passed, adopted, and ordered to print at a regular meeting of said Council held November 19, 2014, by the following vote: AYES: couNclL MEMBERS - Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1900 was approved and signed by the Mayor on the date of its passagé and the same has been published pursuant to law. IF M. ROBISON City Clerk to Form MAGDICH City Attorney 2 Pleøse immediøtely conJirm receipt of this føx b1t culling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9TO ADVERTISING INSTRUCTIONS SUBJEGT: PUBLISH DATE: SUMMARY OF ORDINANCE NOS. I898 _ 19OO SATURDAY, OCTOBER I8, 2OI4 I -GAL AD TEAR SHEETS WANTED: One (1) þlease SEND AFFIDAVIT AND BILL TO: LNS ACGT. #O5lOO52 DATED: ORDERED BY: THURSDAY, OCTOBER 16, 2014 JENNIFER M. ROBISON C¡TY CLERK NIFER ROBISON, CMC CLE JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ELENA STODDARD ADMINISTRATIVE CLERK rance of this Legal in the Newspaper - Copy to FileV SEND PROOF OF ADVERTISEMENT. THANK YOU! ! N :\Administration\Ct,EIìK\OrdSunrmaries\Advins.doc at of all at onFaxedtotheSentinelat369-1 084 I LNS Phoned to confirm ) C¡TY OF LODI ORDINANCE NO. 1898 AN oRDINANcE oF THE LoDI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 8 - HEALTH AND SAFETY. BY ADDING CHAPTER 8.30, "REGULATION OF MARIJUANA CULTIVATION," W¡THIN THE CITY OF LODI' The purpose of this ordinance is to enact regulations regarding the cultivation of marijuana in a manner that protects the health, safety, and welfare of the community. lntroduced October 1,2014; adopted October 15,2014', and effective November 15, 2014. AYES: Hansen, Mounce, and Mayor Katzakian; NOES: Johnson; ABSENT: Nakanishi. ORDINANCE NO. I899 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNIC¡PAL CODE GHAPTER 15.20 - FIRE CODE - BY ADDING SECTION 15.20.275, "ELECTRONIC RECORDS." The purpose of this ordinance is to permit electronic filing of records, in conformity with the California Fire Code and Title 19 of the California Code of Regulations, which will allow the City of Lodi Fire Prevention Department to meet the goát of keeping paperless records and increasing compliance, lntroduced October 1, 2014; adopted October 15, 2014; and effective November 14, 2014. AYES: Hansen, Mounce, and Mayor Katzakian; NOES: Johnson;ABSENT: Nakanishi. ORDINANCE NO. I9OO AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 _ CARDROOMS - BY REPEALING AND REENACTING SECTION 5.12.140 (C), "RULES AND REGULATIONS." The purpose of this ordinance is to allow two additional tables in any cardroom, increasing the number from 13 to 15; and capping the total number of tables permitted within the City of Lodi at 15. lntroduced October 15, 2014.Adnnfirrn rarill ha ¡nn S lrlnrraml"rar I O tñ'lÁ AYES: Hansen, Johnson, Mounce, and Mayor Katzakian; NOES: None; ABSENT: Nakanishi Jennifer M. Robison, City Clerk City of Lodi October 16,2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. I9OO AN ORDTNANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 - CARDROOMS - BY REPEALING AND REENAGTING SECTION 5.12.140 (C), "RULES AND REGULATIONS" On Thursday, October 16,2014, in the City of Lodi, San Joaquin County, California, a certified copy of a Ordinance No. 1900 (attached hereto, marked Exhibit "A"), was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 16,2014, at Lodi, California. ORDERED BY JENNIFER M. ROBISON CITY CLERK ifer M son, CMC Clerk Elena Stoddard Administrative Clerk ordsummaries\aadecpost2. doc ORDINANCE NO. 19OO AN ORDTNANCE OF THE LOql ClrY CqU!\clL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 _ CARDROOMS - BY REPEALING AND REENACTING sEcTloN 5.12.140 (C), "RULES AND REGULATIONS', BE IT ORDA¡NED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 5.12 - Cardrooms - is here amended by repeal¡ng and reenacting Section 5.12.140 (C), "Rules and Regulations," and shall read as follows: C. Not more than fifteen tables shall be permitted in any cardroom. No more than fifteen tables shall be permitted to operate within the city. SECTION 2. No M atorv Dutv of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which impo employee thereof, a mandatory duty of care towards outside of the City so as to provide a basis of civil liab ses upon the City, or any officer or persons or property within the City or ility for damages, except as othenruise imposed by law. SECTION 3. Severabilitv. lf any provision of this ordinance orthe 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 pursuantto law and shall become effective 30 days from the date of passage and adoption. Approved this 19th day of November, 2014 PHIL KATZAKIAN MAYOR ATTEST: JENNIFER M. ROBISON City Clerk State of California County of San Joaquin, ss. Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Ordinance No-lgoo was introduced at a reoular meeting of the City Council of the City of Lodi held October 15,2014, and was therãafter passed, adopted, and ordered to print at a regular meeting of said Council held November 19, 20 AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - 14,by the following vote: I further certify that Ordinance No. 1900 was approved and signed by the Mayor on the date of its passagè and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved to Form JANICE D. MAGDICH City Attorney 2 ffi CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241.19T0 SUBJECT: PUff!.9AIE: SUMMARY OF ORDINANCE NOS. I9OO - I9OI WEDNESDAY, NOVEi'IBER 26, 2014 LEGAL AD TEAR SHEETS WANTED: One (l) plea¡e SEND AFFIDAVITAND BILL TO: LNA ACGT, #O5|OO52 DATED: ORDERED BY: FRIDAY, NOVEMBER 21, 2014 JENNIFER M. ROBISON CITY CLERK DEPUTYCITYCLERK JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodl, CA 95241-1910 ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File N:\Administation\Ct"ERl(OrdSummariæ\Advins.doc GITY OF LODI ORDINANCE NO. {9OO AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI i'IUNICIPAL CODE CHAPTER 5.12 _ CARDROOMS - BY REPEALING AND REENACTING SECTION 5.12.140 (C), "RULES AND REGULATIONS." The purpose of this ordinance is to allow two additional tables in any cardroom, increasing the number from 13 to 15; and capping the total number of tables permitted within the City of Lodi at 15. lntroduced October 15, 2014; adopted November 19, 2014, and effective December 20, 2014. AYES: Hansen, Johnson, Mounce, Nakanishi and Mayor Katzakian; NOES: None;ABSENT: None. ORDINANCE NO. I9OI AN ORDINANCE OF THE LODI CITY COUNC¡L AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 - ELECTRICAL SERVIGE - BY REPEALING AND REENACTING sEcTtoNs 13.20.f90, "SCHEDULE EA - RESIDENTIAL SERVICE," 13.20.210, "SGHEDULE EtUt - MOBILEHOME PARK SERVICE," 13.20.230, "SCHEDULE EL - ouTDooR DUSK-TO-DAVW LIGHTING," 13.20.235, "SCHEDULE ES - CITY FACILITIES SERVICE," 13.20.240, "SCHEDULE Gl - GENERAL SERV¡CE - GROUP I COIiIIi¡IERCIAL'INDUSTRIAL," 13.20.250, "SCHEDULE G2 - GENERAL SERVICE - GROUP 2 COI|MERCIALÍINDUSTRIAL," 13.20.260, "SCHEDULE G3 - GENERAL SERVICE - GROUP 3 COiiliIERCIAUINDUSTRIAL," 13.20.270, "SCHEDULE G4 - GENERAL SERVTCE-GROUP 4 COIUIMERCIAUINDUSTRIAL," 13.20.280, "SGHEDULE G5 - GENERAL SERVICE GROUP 5 COMMERCIAUINDUSTRIAL," I3.20.3f O, "SCHEDULE 11 GENERAL SERV¡CE-GROUP 5 ELECTRTC VEHTCLE PTLOT CHARGING RATE," 13.20.330, "SCHEDULE lE - TNDUSTRTAL EOUIPMENT CHARGING SERVICE," lN THEIR ENTIRETY. The purpose of this ordinance is to adjust electrical service rates for residential, outdoor dusk-to-dawn lighting, City facilities, generel service, various commercial/industrial groups, electric vehicle pilot charging, and industrial equipment charging schedules. lntroduced November 19,2014. Adoption will be considered December 3. 20f 4. AYES: Hansen, Johnson, and Mayor Katzakian; NOES: Mounce and Nakanishi; ABSENT: None. Jennifer M. Robison, City Clerk City of Lodi November 20,2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. ORDINANCE NO. I9OO AN ORDINANCE OF THE LODI C¡TY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 - CARDROOMS - BY REPEALING AND REENACTING SECTION 5.12.140 (C), "RULES AND REGULATIONS" On Friday, November 21, 2014, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1900 (attached hereto, marked Exhibit "4") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 21, 2014, at Lodi, California. ORDERED BY JENNIFER M. ROBISON CITY CLERK Ar,*z*fn&),^* Pamela M. Farris Deputy City Clerk Elena Stoddard Administrative Clerk ordsummaries\aaDecPost.doc ORDINANCE NO. 19OO AN ORDINANCE OF THE LODI CITY COUNCIL AIUEÑDÍNdLOD,I MUNICIPAL CODE CI{7\PTER 5:.12 _ CARDROOMS - BY REPEALING AND REENACTING sEcTloN 5.12.140 (C), "RULES AND REGULATIONS', BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 5.12 - Cardrooms - is here amended by repedil.g and reenacting Section 5.12.140 (C), "Rules and Regulations," and shallread as follows: Not more than fifteen tables shall be permitted in any cardroom. No more than fifteen tables shall be permitted to operate within the city. SECTION 2. No Mandatorv of Care. This ordinance is not intended to and shall not be c construed or given effect in a manner which impo employee thereof, a mandatory duty of care towards outside of the City so as to provide a basis of civil liab ses upon the City, or any officer or persons or property within the City or ility for damages, except as othen¡rise imposed by law. SECTION 3. Severability. lf any provision of this ordinance or the application thereof to any person or clrcumstances is held invalid, such invalidity shalt 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. SECIION 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 pursuantto law and shall become effective 30 days from the date of passage and adoption. Approved this 19th day of November, 2014 PHIL KATZAKIAN MAYOR ATTEST JENNIFER M. ROBISON City Clerk State of California County of San Joaquin, ss l, Jennifer M. Robison, City Clerk of the City of Lodi, do^hereby No. 1900 was introduced at a regular meeting of the city council certify that Ordinance of the City of Lodi held meeting of said Coun AYES NOES: ABSENT: ABSTAIN cil held November 19,2014, by the following vote: COUNCIL MEMBERS - Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None I further certify that Ordinance No. 1900 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved to Form JANICE D. MAGDICH City Attorney 2