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HomeMy WebLinkAboutAgenda Report - September 2, 2015 J-01AGENDA ITEM J-01 'p CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1912 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 12 – Streets, Sidewalk and Public Places – by Repealing Chapter 12.07, `Lodi Tourism Business Improvement District,' in Its Entirety, Thereby Rescinding Ordinance No. 1753 and Ordinance No. 1818, Disestablishing the Lodi Tourism Improvement District" MEETING DATE: PREPARED BY: September 2, 2015 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1912. BACKGROUND INFORMATION: Ordinance No. 1912 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 12 – Streets, Sidewalk and Public Places – by Repealing Chapter 12.07, `Lodi Tourism Business Improvement District,' in Its Entirety, Thereby Rescinding Ordinance No. 1753 and Ordinance No. 1818, Disestablishing the Lodi Tourism Improvement District" was introduced at the regular meeting of August 5, 2015. 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: Not applicable. FUNDING AVAILABLE: Not applicable. JMF/PMF Attachment APPROVED: rz� _ r_ity Clerk _nif ~Sfe— hen Schwktbader, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance2.DOC ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI-MUNICIPAL CODE -TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI, AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 12 — Streets, Sidewalks and Public Places is hereby amended by repealing Chapter 12.07, "Lodi Tourism Business Improvement District," in its entirety, and hereby declares and determines as follows: SECTION 2. AUTHORITY. This ordinance is hereby introduced pursuant to the "Parking and Business Improvement Area Law of 1989," Streets and Highways Code Section 36500 et seq. and Resolution Number 2015-135, adopted by the Lodi City Council on August 5, 2015, entitled a "Resolution of the Lodi City Council Declaring its Intention to Disestablish the Lodi Tourism Business Improvement District." Such resolution was published and mailed as provided by law and a public hearing was held by the City Council at its regular meeting on September 2, 2015, at which time all persons desiring to be heard and all objections made or filed were fully heard. The City Council duly concluded the hearing on September 2, 2015. SECTION 3. AREA DISESTABLISHED. The City Council finds and determines that the public convenience and necessity require disestablishment of the Lodi Tourism Business Improvement District for reasons given in the Resolution of Intention. Pursuant to Section 36550 of the Parking and Business Improvement Area Law of 1989, the Lodi Tourism Business Improvement District is hereby disestablished. SECTION 4. EFFECTIVE DATE. Upon its adoption, this Ordinance shall take effect on October 2, 2015. 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 one or more of the terms, provisions, or sections of this Ordinance shall to any extent be judged invalid, unenforceable, and/or avoidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. -1- 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 one time in the "Lodi News -Sentinel " a daily newspaper of general circulation printed and published in the City of Lodi with the names of the members voting for and against same and shall be in force and take effect 30 days from and after its passage and approval. Approved this 2"d day of September, 2015. B05 JOHNSON Mayor t�/ Attest: a"A�,-&v �� NIFE FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1912 was introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held September 2, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1912 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney -2- 4JN IFE+RF ERRAIOLO City Clerk Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1907, 1908, 1909, 1910, 1911, 1912, AND 1913 PUBLISH DATE: SATURDAY, AUGUST 8, 2015 TEAR SHEETS WANTED: One [1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, AUGUST 6, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OFADVERTISEMENT THANK YOU!! Emailed to the Sentinel atdianer@lodtnews.com at 10 a6 (time) onI5 (date) {pages) LNS Phoned to confirm receipt of all pages at (time) MF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1907 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDING AND CONSTRUCTION — BY REPEALING AND RE-ENACTING CHAPTER 15.65, "SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE," IN ITS ENTIRETY. The purpose of this ordinance is to bring the Lodi Municipal Code into compliance with the recently -approved San Joaquin County Regional Transportation Impact Fee Program Operating Agreement by clarifying language and definitions, changing the timing of program fee payments and reporting dates, and modifying project selection criteria. introduced July 15, 2015. Adopted August 5, 2015; and effective September 4, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1908 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adoption to be considered August 19, 20_1.5_. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1909 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Rose Gate Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2018 or construction is not completed by December 17, 2018. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1910 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY- FACILITIES -DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1911 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 2). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 as Annexation No. 2. Introduced August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS, AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT. The purpose of this ordinance is to disestablish the Lodi Tourism Business Improvement District. Introduced August 5, 2015. Adoption to be considered September 2, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1913 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.19, "EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS." The purpose of this ordinance is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems. Introduced August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. Jennifer M. Ferraiolo, City Clerk City of Lodi August 5, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING a' ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS, AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT On Thursday, August 6, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1912 (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 August 6, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI, AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 12 — Streets, Sidewalks and Public Places is hereby amended by repealing Chapter 12.07, "Lodi Tourism Business Improvement District," in its entirety, and hereby declares and determines as follows: SECTION 2. AUTHORITY. This ordinance is hereby introduced pursuant to the "Parking and Business Improvement Area Law of 1989," Streets and Highways Code Section 36500 et seq. and Resolution Number 2015-135, adopted by the Lodi City Council on August 5, 2015, entitled a "Resolution of the Lodi City Council Declaring its Intention to Disestablish the Lodi Tourism Business Improvement District." Such resolution was published and mailed as provided by law and a public hearing was held by the City Council at its regular meeting on September 2, 2015, at which time all persons desiring to be heard and all objections made or filed were fully heard. The City Council duly concluded the hearing on September 2, 2015. SECTION 3. AREA DISESTABLISHED. The City Council finds and determines that the public convenience and necessity require disestablishment of the Lodi Tourism Business Improvement District for reasons given in the Resolution of Intention. Pursuant to Section 36550 of the Parking and Business Improvement Area Law of 1989, the Lodi Tourism Business Improvement District is hereby disestablished. SECTION 4. EFFECTIVE DATE. Upon its adoption, this Ordinance shall take effect on October 2, 2015. 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 - Severabilit . If any one or more of the terms, provisions, or sections of this Ordinance shall to any extent be judged invalid, unenforceable, and/or avoidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. -1- 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 one time in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi with the names of the members voting for and against same and shall be in force arid take effect 30 days from and after its passage and approval. Approved this day of , 2015. BOB JOHNSON Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1912 was introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2015 , by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1912 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney -2- JENNIFER M. FERRAIOLO City Clerk f = Please immediately confirm receipt of this fcr �� l� calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1912 AND 1914 PUBLISH DATE: SATURDAY, SEPTEMBER 5, 2015 TEAR SHEETS WANTED: One [1] please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 3, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAM LA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OFAD VER TISEMENT. THA vK YOU!' Emailed to the Sentinel at dianer@lodinews.com atq!!fig_[time) on(date} (pages) LNS Phoned to confirm receipt of all pages at (time) P ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS, AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT. The purpose of this ordinance is to disestablish the Lodi Tourism Business Improvement District. Introduced August 5, 2015. Adopted September 2, 2015; and effective October 2, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1914 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.18 — RESIDENTIAL ZONING DISTRICTS — BY REPEALING AND RE- ENACTING SECTION 17.18.030, "RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS;" AND AMENDING CHAPTER 17.22 — MIXED USE ZONING DISTRICTS — BY REPEALING AND RE-ENACTING SECTION 17.22.030, "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS," IN THEIR ENTIRETY. The purpose of this ordinance is to amend the Zoning Code to allow transitional and supportive housing in all zones where residential housing is allowed, subject to the provisions of other laws or ordinances. Introduced August 19, 2015. Adopted September 2, 2015; and effective October 2, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi September 2, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING •yam' a ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS, AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT On Thursday, September 3, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1912 (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 September 3, 2015, at Lodi, California. ..ice a i�lJa _ t Pamela M. Farris Deputy City Clerk ordsummaries\aadecpost1 doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT Mpr T EEX�d4 R BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI, AS FOLLOWS: SECTION 1. Lodi Municipal Code Title 12 — Streets, Sidewalks and Public Places is hereby amended by repealing Chapter 12.07, "Lodi Tourism Business Improvement District," in its entirety, and hereby declares and determines as follows: SECTION 2. AUTHORITY. This ordinance is hereby introduced pursuant to the "Parking and Business Improvement Area Law of 1989," Streets and Highways Code Section 36500 et seq. and Resolution Number 2015-135, adopted by the Lodi City Council on August 5, 2015, entitled a "Resolution of the Lodi City Council Declaring its Intention to Disestablish the Lodi Tourism Business Improvement District." Such resolution was published and mailed as provided by law and a public hearing was held by the City Council at its regular meeting on September 2, 2015, at which time all persons desiring to be heard and all objections made or filed were fully heard. The City Council duly concluded the hearing on September 2, 2015. SECTION 3. AREA DISESTABLISHED. The City Council finds and determines that the public convenience and necessity require disestablishment of the Lodi Tourism Business Improvement District for reasons given in the Resolution of Intention. Pursuant to Section 36550 of the Parking and Business Improvement Area Law of 1989, the Lodi Tourism Business Improvement District is hereby disestablished. SECTION 4. EFFECTIVE DATE. Upon its adoption, this Ordinance shall take effect on October 2, 2015. 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 one or more of the terms, provisions, or sections of this Ordinance shall to any extent be judged invalid, unenforceable, and/or avoidable for any reason whatsoever by a coup: of competent jurisdiction, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable. -1- 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 one time in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi with the names of the members voting for and against same and shall be in force and take effect 30 days from and after its passage and approval. Approved this 2nd day of September, 2015. BOBJOHNSON Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1912 was introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held September 2, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1912 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney -2- JENNIFER M. FERRAIOLO City Clerk