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Home My WebLink AboutAgenda Report - December 7, 2016 J-06AGENDA ITEM J-06 &J& CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1937 Entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Green Building Standard Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety" MEETING DATE: December 7, 2016 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1937. BACKGROUND INFORMATION: Ordinance No. 1937 entitled, "An Ordinance of the Lodi City Council Adopting the '2016 California Green Building Standard Code,' Thereby Repealing and Re -Enacting Lodi Municipal Code Chapter 15.18 in Its Entirety," was introduced at the regular City Council meeting of November 2, 2016. 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. FISCAL IMPACT: FUNDING AVAILABLE: Not applicable. Not applicable. V&!�u�e A i■ !-r1►. r'i - � - _.. JMF/PMF Attachment APPROVED: uer, Oity Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance6.DOC ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and reenacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption. The provisions set forth in the 2016 California Green Building Standard Code is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use, and occupancy of every newly constructed building or structure requiring a Building Permit in the City of Lodi. Section 2. No Mandato 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 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. Severabilit . 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 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Attest: INIM FERRAIOLO Clerk Approved this 7th day of December, 2016 MARK CHANDLER Mayor State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi,. do hereby certify that Ordinance No. 1937 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 7, 2016, by the following vote: AYES: COUNCIL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1937 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: JCC . MAGDICH itYJ. orney 2 t1. ?F -ER m. 4,-" . I r r i llOLO fc? • Please immediately confirm receipt - 9f this fax by calling 333-5702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBS SUMMARY OF ORDINANCE NOS. 1932 —1938 PUBLISH DATE: SATURDAY, NOVEMBER 5, 2016 MENNIMENE= TEAR SHEETS WANTED: One 1) Dtease SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 3, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SE1YD PROOF 0F.ADY"TI. EAMM- LHANK YQUI Emailed to the Sentinel at dianeriglodinews.com at . 4tirneyon LNS Phoned to confirm racelpt 0000' -:At_¢UM11j; N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1932 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY. ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY. ORDINANCE NO. 1934 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. ORDINANCE NO. 1935 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. ORDINANCE NO. 1936 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. ORDINANCE NO. 1938 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY. The purpose of these ordinances is to update the following codes to be consistent with State law: California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced November 2, 2016. Adoption to be considered December 7, 2016. AYES: Johnson, Kuehne, Mounce, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi November 2, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. ypF � G }i as ri '.' DECLARATION OF POSTING ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. On Thursday, November 3, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1937 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 3, 2016, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and reenacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption. The provisions set forth in the 2016 California Green Building Standard Code is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use, and occupancy of every newly constructed building or structure requiring a Building Permit in the City of Lodi. Section 2. 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 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. 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 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. This ordinance shall be published one time in the "Lodi News Sentinel," a newspaper of general circulation printed and published in the City of Lodi, and shall be in force and take effect January 1, 2017, which date is at least 30 days after the passage of this ordinance. Approved this day of November, 2016 MARK CHANDLER Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. 1, Jennifer M. Feirraiolo, City Clerk of the City of Lodi, do here0y certify that Ordlnance No. 1.937 was introduced ata regular meeting of the, City Council of the Cir of Lodi held November 2, .2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held November , 2016, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1937 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: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk 19 7 C' [� ! �'F"' SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1932 —1938 PUBLISH DATE: SATURDAY, DECEMBER 10, 2016 � � I TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, DECEMBER 8, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA . FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEvNI? FR0DFQFA:I3:f R=ELSE t AZ- THANK YOUI! Emailed to the Sentinel at diaper@lodinews.com at - - {#fire );on . date); (pages) Phoned to confirm"" i : of: ! $ # .. ttirne MF. itt f;NS; _ N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1932 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA BUILDING CODE," VOLUMES 1 AND 2; THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.04 IN ITS ENTIRETY. ORDINANCE NO. 1933 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA MECHANICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.08 IN ITS ENTIRETY. ORDINANCE NO. 1934 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA ELECTRICAL CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.16 IN ITS ENTIRETY. ORDINANCE NO. 1935 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA PLUMBING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.12 IN ITS ENTIRETY. ORDINANCE NO. 1936 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA RESIDENTIAL BUILDING CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.06 IN ITS ENTIRETY. ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. ORDINANCE NO. 1938 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA FIRE CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.20 IN ITS ENTIRETY. The purpose of these ordinances is to update the following codes to be consistent with State law: California Building Code, Mechanical Code, Electrical Code, Plumbing Code, Residential Code, Green Building Standard Code, and Fire Code. Introduced November 2, 2016. Adopted December 7, 2016, and effective January 5, 2017. AYES: Johnson, Kuehne, Mounce, Nakanishi and Mayor Chandler; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi December 7, 2016 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. ]� Cf ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND RE-ENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY. On Thursday, December 8, 2016, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1937 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. declare under penalty of perjury that the foregoing is true and correct. Executed on December 8, 2016, at Lodi, California. a24.� V .. Pamela M. Farris Deputy City Clerk ordsummaries\aaDecPost doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Administrative Clerk ORDINANCE NO. 1937 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING THE "2016 CALIFORNIA GREEN BUILDING STANDARD CODE," THEREBY REPEALING AND REENACTING LODI MUNICIPAL CODE CHAPTER 15.18 IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: EXV1.ibVErVA] Section 1. Lodi Municipal Code Chapter 15.18 "California Green Building Standard Code," is hereby repealed and reenacted in its entirety to read as follow: Chapter 15.18 GREEN BUILDING CODE 15.18.010 Adoption. The provisions set forth in the 2016 California Green Building Standard Code is hereby adopted as the Green Building Code of the City of Lodi, and a copy of the same is maintained by the City Building Official and available for review in the Community Development Department. The Green Building Code of the City of Lodi shall apply to the planning, design, operations, construction, use, and occupancy of every newly constructed building or structure requiring a Building Permit in the City of Lodi. Section 2. 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 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. Severabilit . 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 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this 7th day of December, 2016 Attest: MARK CHANDLER Mayor JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1937 was introduced at a regular meeting of the City Council of the City of Lodi held November 2, 2016, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held December 7, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1937 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: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk