HomeMy WebLinkAbout744ORDINANCE NO. 744
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
REPEALING ORDINANCE NOS. 718 AND 719 PERTAINING TO THE
DEVELOPMENT AND OPERATION OF A MATERIALS RECYCLING
FACILITY/TRANSFER STATION (MRF/TS) BY ARAKELIAN
ENTERPRISES, INC. D/B/A ATHENS SERVICES AT 2200 ARROW
HIGHWAY
WHEREAS, in 2017, the City Council and the Irwindale Successor Agency
approved resolutions and ordinances pertaining to agreements, a general plan
amendment, a zoning code amendment, a conditional use permit and site plan and design
review in connection with the sale of the real property located at 2200 Arrow Highway to
Athens Services and the development and operation of a materials recycling
facility/transfer station (MRF/TS) by Arakelian Enterprises, Inc., a California corporation,
doing business as Athens Services (the Project); and
WHEREAS, in connection with those actions, the City Council and the Successor
Agency certified a Final Environmental Impact Report (FEIR), made findings of fact, and
adopted a mitigation monitoring and reporting program and a statement of overriding
considerations; and
WHEREAS, two lawsuits were filed challenging the resolutions and ordinances
approving the Project on the basis of, among other things, alleged inadequacies in the
FEIR, Waste Management Collection and Recycling, Inc. v. City of Irwindale, et al., Los
Angeles Superior Court Case No. BS163450, and City of Baldwin Park v. City of Irwindale,
et al., Los Angeles Superior Court Case No. 163400; and
WHEREAS, on September 5, 2019, the Superior Court issued its rulings in these
cases, and on October 17, 2019, the Court entered judgments granting in part and
denying in part the petitions for writ of mandate; and
WHEREAS, on or about October 25, 2019, the City was served with the writs of
mandate, issued by the clerk of the Court pursuant to the above -referenced judgments,
commanding the City and the Irwindale Successor Agency to set aside and vacate
resolutions and ordinances approving agreements, a general plan amendment, a zoning
code amendment, a conditional use permit and site plan and design review in connection
with the Project; and
WHEREAS, the judgments and writs of mandate allow the City to certify a revised
FEIR and re -approve the Project at a later date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
Ordinance No. 744
Page 1
Section 1. The City Council finds that the above recitals are true and correct
and are incorporated herein by this reference.
Section 2. Ordinance No. 718, entitled, "An Ordinance of the City Council of the
City of Irwindale Amending Section 8.20.370 of the Irwindale Municipal Code Regarding
Solid Waste Franchises, Amending Chapters 17.56 and 17.58 of the City of Irwindale
Municipal Code Regarding Material Recovery Facilities in the M-2 (Heavy Manufacturing)
Zone and Adding Section 17.56.025 Regarding Distance Requirements for Alcohol
Beverage Establishments" is hereby set aside, vacated, and of no further force or effect.
Section 3. Ordinance No. 719, entitled, "An Ordinance of the City Council of the
City of Irwindale Approving Development Agreement No. 02-2016 with Athens Services
to Allow the Construction and Operation of a Materials Recovery Facility and Transfer
Station, Convenience Store and Fueling Station on Property Located at 2200 Arrow
Highway (APN 8535-001-911), and Making Findings in Support Thereof' is hereby set
aside, vacated, and of no further force or effect.
Section 4. Severability. 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 due to the writs of mandate issued by the Court.
Section 5. Certification and Effective Date. The City Clerk shall certify to the
passage and adoption of this ordinance; and forthwith prepare a certified copy of this
ordinance to be submitted to the Court in compliance with the writs of mandate.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Irwindale this 8th day of January, 2020.
Albert F. Ambriz, Mayor
Ordinance No. 744
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ATTEST:
4" _- 'k
Lqur4 M. Nieto, MMC
C'CKV Deputy City Clerk
State of California }
County of Los Angeles } ss.
City of Irwindale }
I, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale, do hereby certify that
the foregoing Ordinance No. 744 was duly introduced for first reading at a regular meeting
held on December 11, 2019, and duly adopted by the City Council of the City of Irwindale,
at a regular meeting held on the 8th day of January, 2020, by the following vote:
AYES: Councilmembers: Breceda, Burrola, Garcia, Ortiz, Mayor Ambriz
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
�n � )/k*
ura M. Nieto, MMC
hief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Laura M. Nieto, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 744, adopted by the City Council of the City
of Irwindale at
iittsss regular meeting held January 8, 2020 to be posted at the City Hall, Library, and Post Office on January 9, 2020.
✓�-" " Dated: January9, 2020
La ra M. Nieto, MMC
C ief Deputy City Clerk
Ordinance No. 744
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