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HomeMy Public PortalAbout14) 10A First Reading of Ordinance 17-1021 changing reference number of Ordinance 16-1019 to 16-1020AGENDA ITEM 10.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: January 17 , 2017 TO: The Honorable City Council FROM: Bryan Cook , City Manager By : Michael D. Forbes , Community Development D i rector ~ SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 17-1021 CHANGING THE REFERENCE NUMBER OF ORDINANCE NO. 16-1019 TO 16-1020 PERTAINING TO ADOPTION OF 2017 BUILDING CODES RECOMMENDATION: The City Council is requested to : 1. Introduc e Ord inance No . 17-1021 (Atta c hment "A ") for first read i ng by title o n ly, changing the reference number of Ord i nance No . 16-1 019 to 16-1020 ; 2 . Waive further reading of Ord inance No . 17 -1021 ; and 3 . Schedu le the second reading of Ordinance No . 17 -102 1 for February 7, 2017 . BACKGROUND: 1. On December 6 , 2016 , the City Council adopted Urgency Ordinance No . 16-1 0 19U adopting by reference and amending the 2017 Los Angeles County Bui ld ing , Residential , Electrical , Mechan ical , Plumbing , and Existing Bui lding Codes ; a nd the Ca li forn ia Green Bui ld ing Standards Code (2017 Buil din g Codes ). 2 . On December 6 , 2016 , the City Council also introduced for first reading by t it le only Ordinance 16-1020 adopting by reference and amend ing the 2017 Bu ild i ng Codes , waived further reading , and scheduled a Public Heari ng for December 20 , 20 16 , to conside r second reading and adoption of the ord inan ce . 3. On December 20 , 2016 , the City Council upon second read i ng adopted t he ord i nance , adopting by reference and amend ing the 20 17 Bu il ding Codes . Due to a typographical error, the ordinance presented by staff a nd adopted by th e City City Council January 17 , 2017 Page 2 of 2 Council was incorrectly referenced as Ordinance No . 16-1019 rather than Ordinance No . 16-1020 . 4 . On January 3 , 2017 , while preparing the ordinance summary for publicat ion , staff noticed the error in the ordinance reference number . ANALYSIS: The City Council was intended to adopt Ordinance No . 16-1020 on December 20 , 2016 , to adopt by reference and amend the 2017 Building Codes , as the ordinance was introduced on December 6 , 2016 . Due to a typographical error, the ordinance was inadvertently presented by staff and adopted by the City Council as Ordina nce No . 16- 1019. The City Attorney 's office determined that this is a simple typographical error and that the 2017 Building Codes were properly adopted . The City Attorney 's office recommended that staff prepare an ordinance to correct the typographical error. Accord ingly , the City Council is requested to adopt the proposed ordinance to approve changing the reference number of Ordinance No . 16-1 019 to 16- 1 020 and direct that all future references to the ordinance adopted on December 20 , 2016 shall hereafter be as Ordinance No . 16-1 020 . CITY STRATEGIC GOALS: Adoption of Ordinance No . 17-1021 would further the City's Strategic Goals of Good Governance and Citizen Education and Communications by clarifying and correcting the public record pertaining to Ordinance No . 16-1 020 . FISCAL IMPACT: There is no fiscal impact for this ordinance , as it merely corrects a typograph ic a l error by changing an ordinance reference number. ATTACHMENT: A. Ordinance No . 17-1021 ATTACHMENT A ORDINANCE NO. 17-1021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY , CALIFORNIA, CHANGING THE REFERENCE NUMBER OF ORDINANCE NO . 16-1019 TO ORDINANCE NO . 16 -1020. WHEREAS , On December 6 , 2016 , the City Council introduced for first reading by title only Ordinance No . 16-1020 adopting by referen ce and amending the 2017 Los Angeles County Building , Res idential , Electrical , Mechanical , Plumb ing , and Exis t ing Bu ilding Codes; and the California Green Building Standards Code ("2017 Build ing Codes "); waived further reading ; and scheduled a Public Hearing for December 20 , 2016, to consider second reading and adoption of the ordinance ; and WHEREAS , On December 20 , 2016 , the City Council upon second reading adopted the ordinance adopti ng by reference and amending the 2017 Building Codes . Due to a typographical error, the ordinance adopted by the City Council was incorrectly referenced as Ordinance No . 16- 1019 rather than Ordinance No . 16-1020; and WHEREAS , On January 3, 2017, while preparing the ordinance summary for publication , staff realized the error in the ordinance reference number; and WHEREAS , The City Council finds that that the ordinance adopting by reference and amending the 20 17 Building Code s was properly in trod uced and adopted following a noticed Public Hearing , and that the incorrect ordinance reference number is a simple typographi ca l error that does not affect the content, effectiveness, or enforceability of the ordinance . THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: The reference number of the ordinance adopting by reference and amending the 2017 Building Codes , introduced on De cembe r 6, 2016, and adopted upon second reading on December 20 , 2016, is hereby changed from Ordinance No . 16 -1019 to Ordinance No . 16-1020. . SECTION 2: The City Clerk is authorized to take the necessary administrative actions to change the ordinance reference number and ensure that the ordinance adopted on December 20, 2016 , as Ordinance No . 16-1019 is hereafter referenced as Ordinance No . 16-1020. SECTION 3: The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2 ) (the activity will not result in a direct or reasonably foreseeable ind irect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378). SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. Ordinance No . 17-1021 Page 2 of 2 PASSED , APPROVED, AND ADOPTED this 7th day of February, 2017 . Vincent Yu , Mayor ATTEST: APPROVED AS TO FORM : Peggy Kuo, City Clerk Eric S . Vail , C ity Attorney I, Peggy Kuo, City Clerk of the City of Temple C ity, hereby certify that the fo regoing Ordinance No . 17-1021 was introduced at the regular meeting of the C ity Council of the C ity of Temple City held on the 17th day of January, 2017, and was duly passed , approved and adopted by said Council at the regular meeting held on the 7th day of February , 2017 , by the following vote : AYES : NOES : ABSENT: ABSTAIN : Peggy Kuo , C ity Clerk