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HomeMy WebLinkAboutAgenda Report - September 19, 2018 I-01TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM 1-01 AGENDA TITLE: Ordinance No. 1957 Entitled, "An Uncodified Ordinance of the Lodi City Council Revising the Growth Management Ordinance by Expiring 1,273 Unused Residential Growth Management Allocations" MEETING DATE: September 19, 2018 PREPARED BY: City Clerk RECOMMENDED ACTION: BACKGROUND INFORMATION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1957. Ordinance No. 1957 entitled, "An Uncodified Ordinance of the Lodi City Council Revising the Growth Management Ordinance by Expiring 1,273 Unused Residential Growth Management Allocations," was introduced at the regular City Council meeting of August 15, 2018. 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 nnifer City Clerk APPROVED: 1l:414MM en Sc • T . • . uer, City Manager erraiolo N:\Administration\CLERK\Council\COUNCOM\Ordinance) .DOC . I' ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a Growth Management Plan for residential development within the City of Lodi; and WHEREAS, the ordinance sets an annual growth limit of two percent (2%) of the City's population, compounded annually, and once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows: 44 percent low density, 28 percent medium density, and 28 percent high density (General Plan GM -P4); and WHEREAS, there are currently 3,835 Growth Allocations, including 2,113 Low Density Allocations, 770 Medium Density Allocations and 952 High Density Allocations; and WHEREAS, based upon the amount of land currently available in Lodi, the current growth allocations are more than what the Council could issue in the upcoming years; and WHEREAS, staff recommends that 871 Low Density Allocations, 110 Medium Density Allocations and 292 High Density Allocations be eliminated from the Growth Management Program, leaving a balance of 2,552 Allocations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. That 871 Low Density Allocations, 110 Medium Density Allocations and 292 High Density Allocations be expired and eliminated and the remaining balance of allocations for 2018 be as follows: a) 1,242 Low -Density Allocations b) 660 Medium -Density Allocations c) 660 High -Density Allocations TOTAL 2,562 Allocations SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without 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, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 1 SECTION 4. Effective Date and Publication. This uncodified Ordinance shall take effect thirty (30) days after its adoption. in lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 19th day of September, 2018 Attest: 'e I,,?�A Al"IFE'1 . FERRAIOLO • iity Clerk 0c)\(__ ALAN NAKANISHI Mayor State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that this uncodified Ordinance No. 1957 was introduced at a regular meeting of the City Council of the City of Lodi held August 15, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 19, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1957 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 , 2F-t,LAciAt4NNIFE 'L ERRAIOLO ity Clerk DECLARATION OF POSTING ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS On Thursday, September 20, 2018, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1957 (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 20, 2018, at Lodi, California. ORDERED BY: 12,a22,1 ,LftVL Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk JENNIFER M. FERRAIOLO CITY CLERK ordsummaries\aaDecPost. doe ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS EXHBIT WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a Growth Management Plan for residential development within the City of Lodi; and WHEREAS, the ordinance sets an annual growth limit of two percent (2%) of the City's population, compounded annually, and once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows: 44 percent low density, 28 percent medium density, and 28 percent high density (General Plan GM -P4); and WHEREAS, there are currently 3,835 Growth Allocations, including 2,113 Low Density Allocations, 770 Medium Density Allocations and 952 High Density Allocations; and WHEREAS, based upon the amount of land currently available in Lodi, the current growth allocations are more than what the Council could issue in the upcoming years; and WHEREAS, staff recommends that 871 Low Density Allocations, 110 Medium Density Allocations and 292 High Density Allocations be eliminated from the Growth Management Program, leaving a balance of 2,552 Allocations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. That 871 Low Density Allocations, 110 Medium Density Allocations and 292 High Density Allocations be expired and eliminated and the remaining balance of allocations for 2018 be as follows: a) 1,242 Low -Density Allocations b) 660 Medium -Density Allocations c) 660 High -Density Allocations TOTAL 2,562 Allocations SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without 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, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 1 SECTION 4. Effective Date and Publication. This uncodified Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 19th day of September, 2018 ALAN NAKANISHI Attest: Mayor 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 this uncodified Ordinance No. 1957 was introduced at a regular meeting of the City Council of the City of Lodi held August 15, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 19, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, and Mayor Nakanishi NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1957 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 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. 1957 AND 1958 PUBLISH DATE: SATURDAY, SEPTEMBER 22, 2018 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 20, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK et—Y7? PAMELA M. FARRIS DEPUTY CITY CLERK A ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at classifiedl@lodinews.com at 10 :be (time) on CI, e (date) LNS Phoned to confirm receipt of all pages at (time) PM ES (initials) N:\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS. The purpose of this ordinance is to reduce the number of Residential Growth Management Allocations currently available in the program. Introduced August 15, 2018. Adopted September 19, 2018, and effective October 19, 2018. AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson. ORDINANCE NO. 1958 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — CHAPTER 13.20, "ELECTRICAL SERVICE," ARTICLE III, "RATES," BY REPEALING AND RE-ENACTING SECTION 13.20.315, "SCHEDULE EDR — ECONOMIC DEVELOPMENT RATES," IN ITS ENTIRETY. The purpose of this ordinance is to re-enact the Electric Utility rate discount from December 1, 2018, to December 31, 2023. Introduced September 19, 2018. Adoption to be considered October 3, 2018. AYES: Chandler, Kuehne, Mounce, and Mayor Nakanishi; NOES: None; ABSENT: Johnson, Jennifer M. Ferraiolo, City Clerk City of Lodi September 19, 2018 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS On Thursday, August 16, 2018, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1957 (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 16, 2018, at Lodi, California. Pamela M. Farris ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Deputy City Clerk Administrative Clerk ord s um marl es\aaDecPost. d oc ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS WHEREAS, the Lodi City Council adopted Ordinance No. 1521 in 1991 establishing a Growth Management Plan for residential development within the City of Lodi; and WHEREAS, the ordinance sets an annual growth limit of two percent (2%) of the City's population, compounded annually, and once the number of allocable units is figured, the City requires that the allocation units be distributed among housing types as follows: 44 percent low density, 28 percent medium density, and 28 percent high density (General Plan GM -P4); and WHEREAS, there are currently 3,835 Growth Allocations, including 2,113 Low Density Allocations, 770 Medium Density Allocations and 952 High Density Allocations; and WHEREAS, based upon the amount of land currently available in Lodi, the current growth allocations are more than what the Council could issue in the upcoming years; and WHEREAS, staff recommends that 871 Low Density Allocations, 110 Medium Density Allocations and 292 High Density Allocations be eliminated from the Growth Management Program, leaving a balance of 2,552 Allocations. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. That 871 Low Density Allocations, 110 Medium Density Allocations and 292 High Density Allocations be expired and eliminated and the remaining balance of allocations for 2018 be as follows: a) 1,242 Low -Density Allocations b) 660 Medium -Density Allocations c) 660 High -Density Allocations TOTAL 2,562 Allocations SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without 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, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. 1 SECTION 4. Effective Date and Publication. This uncodified Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this day of , 2018 ALAN NAKANISHI Attest: Mayor 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 this uncodified Ordinance No. 1957 was introduced at a regular meeting of the City Council of the City of Lodi held August 15, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2018, by the following vote: AYES: NOES; ABSENT: ABSTAIN: COUNCIL MEMBERS — COUNCIL MEMBERS — COUNCIL MEMBERS — COUNCIL MEMBERS — I further certify that Ordinance No. 1957 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 The foregoing document is certified to be a corned copy of the original on file in the City Clerk's Office. Pamela M. Farris Deputy City Clerk, City of Lodi By: . I I - L./r Dated: 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. 1956 AND 1957 PUBLISH DATE: SATURDAY, AUGUST 18, 2018 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, AUGUST 16, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. T HANK YOU!! Emailed to the Sentinel at classified)@lodinews.com at $ = g (time) on S id, ► (date) LNS Phoned to confirm receipt of all pages at (time) PM ES (initials) N:\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1956 AN UNCODIFIED 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. 7). 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 (Public Services) as Annexation No. 7. Introduced August 1, 2018. Adopted August 15, 2018, and effective September 14, 2018. AYES: Chandler, Johnson, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: Mounce. ORDINANCE NO. 1957 AN UNCODIFIED ORDINANCE OF THE LODI CITY COUNCIL REVISING THE GROWTH MANAGEMENT ORDINANCE BY EXPIRING 1,273 UNUSED RESIDENTIAL GROWTH ALLOCATIONS. The purpose of this ordinance is to reduce the number of Residential Growth Management Allocations currently available in the program. Introduced August 15, 2018. Adoption to be considered September 19, 2018. AYES: Chandler, Johnson, Kuehne, and Mayor Nakanishi; NOES: None; ABSENT: Mounce. Jennifer M. Ferraiolo, City Clerk City of Lodi August 15, 2018 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk.