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HomeMy WebLinkAboutAgenda Report - April 7, 2004 J-01AGENDA ITEM J-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1745 entitled, "An Ordinance of the Lodi City Council Amending the Official Map of the City of Lodi and Thereby Prezoning the Parcel Located at 5952 East Pine Street (APN 049-090-13) from San Joaquin County A -U, Agricultural Urban Reserve, to M-2, Heavy Industrial" MEETING DATE: April 7, 2004 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1745. BACKGROUND INFORMATION: Ordinance No. 1745 entitled, "An Ordinance of the Lodi City Council Amending the Official Map of the City of Lodi and Thereby Prezoning the Parcel Located at 5952 East Pine Street (APN 049- 090-13) from San Joaquin County A -U, Agricultural Urban Reserve, to M-2, Heavy Industrial" was introduced at the regular City Council meeting of March 17, 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 Interim City Attorney. FUNDING: None required. SJB/JMP Attachment APPROVED: councikouncom/Ord finance 1.doc Susan J. Blackston City Clerk Dixon Flynn, City Section 1. The Official District Map of the City of Lodi adopted by Title 17 of the Lodi Municipal Code is hereby amended as follows: The parcel located at 5952 East Pine Street (AF N 049-090-13) is hereby prezoned as follows: 10 -acre parcel - San Joaquin County A -U, Agricultural Urban Reserve, to M62, Heavy Industrial, as shown on the Vicinity Map, on file in the office of the City Clerk. �jection 2. The alterations, changes, and amendments of said Official District Map of the City of Lodi herein set forth have been approved by the City Planning Commission and by the City Council of this City after public hearings held in conformance with provisions of Title 17 of the Lodi Municipal Code and the laws of the State of California applicable thereto. Section 3 --No Mandato-, Mut of Care. This ordinance is not intended to and shall not be construed or given effect in a rhanner 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 4 -_Severabilit y. If any provision of this ordinance or the application thereof to any person or circumstances is hold 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 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Scotian 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 7th day of April, 2004 SUSAN J. BLACKSTON City Clerk State of California County of San Joaquin, ss. 1, Susan J. B(Ackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1745 was introduced at a regular meeting of the City Council of the City of Lodi held March 17, 2004, and was thereaft er passed, adopted, and ordered to print at a regular meeting of said Council held Ap . ril 7, 2004, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and Mayor Hansen I further certify that Ordinance No. 1745 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. SUSAN J. BLACOSTON City Clerk Approved as to Form: D. STEPHEN SCHWABAU Interim City Attorney