Loading...
HomeMy WebLinkAbout696ORDINANCE NO. 696 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, TO AMEND AND CLARIFY THE DEFINITION SET FORTH IN SUBSECTION P OF SECTION 8.20.020 OF CHAPTER 8.20 OF TITLE 8 OF THE CITY OF IRWINDALE MUNICIPAL CODE RELATING TO MATERIALS THAT MAY BE REUSED A. RECITALS (i) The City of Irwindale is authorized by Article XI, Section 5 and Section 7 of the California Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety, and general prosperity. (ii) By this ordinance, the City Council of the City of Irwindale desires to amend the definition of "recyclable material" set forth in subsection P of section 8.20.020 of Chapter 8.20 of Title 8 of the Irwindale Municipal Code to clarify that said definition does not include used motor oil", which is otherwise regulated by other governmental agencies including, but not limited to, the U.S. Environmental Protection Agency, the California Department of Toxic Substances Control, and the California Department of Resources Recycling and Recovery. i) All legal prerequisites to the adoption of this ordinance have occurred. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Irwindale hereby does ordain as follows: SECTION 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Subsection P of Section 8.20.020 of Chapter 8.20 of Title 8 of the Irwindale Municipal Code is hereby amended to delete the term "used motor oil" from the definition of "recyclable material" and shall now read as follows: Section 8.20.020 — Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it is apparent from the context that a different meaning was intended: "Recyclable material" means a material which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of the Act, and includes paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET and other plastics, beverage containers, compostable materials, and such other materials designated by the city manager, or designated as Ordinance No. 696 Page 1 ura M. Nieto, CMC eputy City Clerk recyclables by the California Integrated Waste Management Board, or other agency with jurisdiction, and which are collected by a permittee pursuant to this agreement. "Recyclable material" does not include used motor oil, which is otherwise regulated by other federal and state governmental agencies. SECTION 3. The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of lrvvindale and shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933, in a newspaper of general circulations which is hereby designated for that purpose, and this ordinance shall take effect thirty (30) days after its passage. PASSED, APPROVED, and ADOPTED this 22 nd day of July 2015. 0A6_401J2,J. Mark \A. Breceda, Mayor ATTEST: Ordinance No. 696 Page 2 Ambriz, Garcia, Miranda, Mayor Breceda None Ortiz None a ra M. Nieto, CMC puty City Clerk M. Niet7), CIVIC uty City Clerk Dated: August 11, 2015 1, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 696 adopted by the City Council of the indale at its regular meeting held July 22, 2015 to be posted at the City Hall, Library, and Post Office on August 11, 2015. City of STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE 1, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 696 was duly introduced at a regular meeting of the Irwindale City Council held on the 8 th day of July 2015, and was duly approved and adopted on second reading at its regular meeting held on the 22 nd day of July 2015, by the following vote of the Council: AYES: NOES: ABSENT: ABSTAIN: Councilrnembers: Councilmembers: Council members: Councilmembers: AFFIDAVIT OF POSTING Ordinance No. 696 Page 3