HomeMy WebLinkAboutAgenda Report - August 20, 2003 I-07AGENDA TITLE: introduction of Ordinance Amending Title 2, Chapter 2.10 "Planning Commission" by
adding Section 2.1.010(C) relating to Planning Commission Membership, and
Repealing and Reenacting Section 2°10.034 Officers—Rules—Powers and Duties
relating to Planning Commission Powers
August 24, 2003
PREPARE® BY. Randall A. Flays, City Attorney
RECOMMENDED ACTION: That the City Council introduce an Ordinance Amending Title 2,
Chapter 2.16 of the Codi Municipal Cocke so that membership on and
the duties of the Planning Commission are as recommended by the
City Council at its Special Meeting of duly 30, 2003.
BACKGROUND INFORMATION. At the Special Meeting of the Council held July 30, 2003, the City
Council discussed who should be eligible for membership to City Boards and Commissions.. It was
developed in that discussion that members of the Planning Commission should be registered voters living
within the corporate limits of the City of Lodi. Since the Planning Commission is specifically called out in
Chapter 2.16 of the Dodi Municipal Code, the new qualification for membership on the Planning
Commission is properly contained within that chapter. Additionally, while reviewing that chapter, it was
noted that a reference is contained in that chapter to a State law by title. The particular title of that State
law has changed since the prior cede section was adapted.
The Ordinance presented to you this evening makes the necessary amendments to Chapter 2.16 to
incorporate the Council's desire to have only registered voters of the City of Dodi serve can the Planning
Commission, Additionally, the Ordinance corrects the title of the State law which is referenced in that
Chapter.
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Randall A. Hays
City Attorney
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING TITLE 2, CHAPTER 2.16 "PLANNING COMMISSION,"
BY ADDING SECTION 2.16.010(C) RELATING TO PLANNING
COMMISSION MEMBERSHIP, AND REPEALING AND
REENACTING SECTION 2.16.030 OFFICERS—RULES—POWERS
AND DUTIES RELATING TO PLANNING COMMISSION POWERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Section 2.16.010(C) is hereby added to the Lodi Municipal Code to read
as follows:
C. In order to be considered for appointment to the Planning
Commission, a person must be a registered voter of the City of
Lodi at the time of application for consideration. The provisions of
this subsection shall apply to appointments made after October
15, 2003.
SECTION 2. Section 2.16.030 Officers—Rules—Powers and Duties is hereby repealed
and reenacted as follows:
The City Planning Commission shall have power to elect its own
presiding officer with the title of Chairman and such other officers
as may be necessary or expedient, to adopt rules of order and
procedure, and do and perform its duties in conformance with Title
7 of the California Government Code and such other laws as may
appertain to City planning and zoning.
Section 3. 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,
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 4 - 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.
Section 5 All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 6. 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 day of , 2003
SUSAN HITCHCOCK
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
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State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. was introduced at a regular meeting of the City Council of the City
of Lodi held , 2003, and was thereafter passed, adopted and ordered to
print at a regular meeting of said Council held , 2003 by the following vote:
AYES: COUNCIL MEMBERS —
NOES; COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. 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:
RANDALL A. HAYS
City Attorney
SUSAN J. BLACKSTON
City Clerk
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