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Home My WebLink AboutAgenda Report - January 21, 2004 J-01AGENDA ITEM J-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1741 entitled, "An Ordinance of the City Council of the City of Lodi Repealing and Reenacting Lodi Municipal Code Sections 12.06.070 'Exclusions from Benefit Fees,' 12.06.090 `Collection of Benefit Fee,' and 3.01.460 `Enforcement' Relating to Exclusions, Collection, and Enforcement of Various Fees" MEETING DATE: PREPARED BY: January 21, 2004 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1741. BACKGROUND INFORMATION: Ordinance No. 1741 entitled, "An Ordinance of the City Council of the City of Lodi Repealing and Reenacting Lodi Municipal Code Sections 12.06.070 'Exclusions from Benefit Fees,' 12.06.090 'Collection of Benefit Fee,' and 3.01.460 'Enforcement' Relating to Exclusions, Collection, and Enforcement of Various Fees" was introduced at the regular City Council meeting of January 7, 2004. 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. 0 SJBIJMP None required. APPROVED: Susan J. Blackston City Clerk i t -t. uixon riynn, counclkouncom/Ord i Hance 1. doe ...... . . . . . SECTION 1. Section 12.06.070 Exclusions from Benefit Fees - is hereby repeated and reenacted as follows: A. No person or business shall be required to pay a fee based on a residential use of the property within the area, or a nonprofit organization as defined by Section 501(c)(3) or 501(c)(6) of the Internal Revenue Service Code located within the area. SECTIQN 2. Section 12.06.090 Collection of Benefit Fee - is hereby repeated and reenacted as follows: Section 12.06.090 Collection of Benefit Fee/Enforcement of Benefit Fee: X The benefit fee authorized by this chapter, for Lodi businesses (Section 12.06.050 hereof), shall be billed and collected once each year on January I't and shall be delinquent on January 316' of each year. City will bill and collect the fees, at no charge to the area, and forward all funds collected to the area within thirty days of such collections. Late payment penalties shall be applied to businesses that are delinquent at the rate of 10% of the benefit fee per month on the first day of each month after the delinquency thereof; provided, however, the total amount of such penalty to be added shall, in no event, exceed 100% of the amount of the benefit fee due. At such time as late payment penalties equate to thirty percent of the total annual fee, action shall be taken to recover such delinquent fees. Costs of this recovery shall be borne by the business owing the fee and late penalties. B. The Finance Director shall diligently enforce the provisions of this Chapter. For purposes of such enforcement, the Finance Director and the Finance Technicians (or equivalent position as it may be renamed from time to time) are "officers" who may issue citations to violators of this chapter pursuant to Chapter 1.08 of the Lodi Municipal Code. C. Any person who violates any provision of this chapter is guilty of an infraction and is subject to punishment as provided in Chapter 1.08 of the Lodi Municipal Code. SECTION 3. Section 3.01,460 Enforcement -is hereby repealed and reenacted as follows: A, Duties of the Finance Director. It shall be the duty of the Finance Director to enforce each and all of the provisions of this chapter. For purposes of such enforcement, the Finance Director and Finance Technicians (or equivalent position as it may be renamed from time to time) are "officers" who may issue citations to violators of this Chapter pursuant to Chapter 1.08 of this code. B. Inspections. The Finance Director, in the exercise of the duties imposed by the provisions of this section, and acting through deputies of duly authorized assistants, shall have the right to enter and examine all places of business free of charge during normal business hours to ascertain whether the provisions of this chapter are being complied with. C. Penalty for Violation. Any person who violates any provision of this chapter by transacting and carrying on any business, trade, vocation, enterprise, establishment, occupation, or calling in the city without first having procured a business tax certificate is guilty of an infraction and is subject to punishment as provided for in Chapter 1.08 of the Lodi Municipal Code. SECTION 4. No Mandatory -_Duty f 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, 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 all liability for damages, except as otherwise imposed by law. SECTION 5 --Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable, The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTIOLI 6. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 7. 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 and shall be in force and take effect thirty days from and after its passage and approval. Approved this 21 st day of January, 2004 (� A L FiY D. M R H SEN Mayor Attest, SUSAN J. BLAC��O'N' City Clerk State of California County of San Joaquin, ss. 1, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1741 was introduced at a regular meeting of the City Council of the City of Lodi held January 7, 2004, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held January 21, 2004, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES; COUNCIL MEMBERS — None ABSENT, COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1741 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. SUSAN J. BLACKSTON City Clerk Approved as to Form: D. STEPHEN SCHWABAUER Interim City Attorney CITY COUNCIL LARRY D. HANSEN, Mayor JOHN BECKMAN, Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 96241-1910 (209) 333-6702 FAX (209) 333-6807 cltyclrk@lodl.gov February 3, 2004 Downtown Lodi Business Partnership Attention: Pamela Hayn, Executive Director P.O. Box 1565 Lodi, CA 95241 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER Interim City Attorney RE: ORDINANCE REPEALING AND REENACTING LODI MUNICIPAL CODE SECTIONS 12.06.070, "EXCLUSIONS FROM BENEFIT FEES," 12-06.090, "COLLECTION OF BENEFIT FEE," AND 3.01.460, "ENFORCEMENT," RELATING TO EXCLUSIONS, COLLECTION, AND ENFORCEMENT OF VARIOUS FEES The Lodi City Council, at its meeting on January 21, 2004, adopted the enclosed . ordinance relating to Downtown Lodi Business Improvement Area No. 1, which repeals and reenacts Lodi Municipal Code Sections 12.06.070, "Exclusions from Benefit Fees," 12.06.090, "Collection of Benefit Fee," and 3.01.460, "Enforcement," relating to exclusions, collection, and enforcement of various fees. Should you have any questions, please feel free to contact my office. Sincerely, Susan J. Blackstor City Clerk JMP Enclosure followup/1Transmettal.doc