HomeMy WebLinkAboutAgenda Report - March 2, 2005 K-04AGENDA ITEM KA
tsk CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Introduce Ordinance Repealing Lodi Municipal Code Title 8, Health and Safety,
Chapter 8.24 in its entirety relating to Comprehensive Municipal Environmental
Response and Liability (MERLO)
MEETING DATE: March 2, 2005 City Council Meeting
PREPARED BY: Steve Schwabauer, City Attorney
RECOMMENDED ACTION: That the City Council introduce Ordinance repealing Lodi Municipal
Code Title 8, Health and Safety, Chapter 8.24 in its entirety relating
to Comprehensive Municipal Environmental Response and Liability
(MERLO)
BACKGROUND INFORMATION: As Council is aware, this Ordinance has been ruled partially pre-
empted by the U.S. Court of Appeals for the Ninth Circuit and ruled
completely pre-empted by the California Third District Court of
Appeals. It is therefore appropriate at this time to repeal the
Ordinance in its entirety.
FUNDING: None.
4
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Stephen Schwabau
City Attorney
APPROVED: ,, -:�
BlairKingLCIY Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
REPEALING LODI MUNICIPAL CODE TITLE 8 HEALTH & SAFETY
CHAPTER 8.24 IN ITS ENTIRETY RELATING TO COMPREHENSIVE
MUNICIPAL ENVIRONMENTAL RESPONSE AND LIABILITY (MERLO)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
DRAFT
Section 1. Lodi Municipal Code Title 8 Health & Safety Chapter 8.24 - Comprehensive Municipal
Environmental Response & Liability Ordinance (MERLO) is hereby repealed in its entirety.
Section 2 - No Mandatory Dutv 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. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict
may exist.
Section 4. 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.
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
Approved this day of ,2005.
JOHN BECKMAN
Mayor
I, Susan J. Blackston. City Clerk of the City of Lodi, do herebycertify that Ordinance No. --was introduced
at a regular meeting of the City Council of the City of Lodi held March 2, 2005 and was thereafter passed,
adopted and ordered to print at a regular meeting of said Council held ,2005 by the following
vote:
Ayes:
Council Members -
Noes:
Council Members -
Absent:
Council Members -
Abstain:
Council Members -
Ifurther certify that Ordinance No. was approved and signed bythe Mayorof the date of its passage and
the same has been published pursuant to law.
SUSAN J. BLACKSTON
Citv Clerk
Apprqyed as t
D. STEPHEN SCHWABAU
City Attorney