HomeMy WebLinkAboutAGENDA REPORT 2020 1118 CCSA REG ITEM 11ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 18, 2020
ACTION Adopted Ordinance No. 485.
(Roll Call Vote: Unanimous)
BY B.Garza.
A. Consider Ordinance No. 485 Amending Chapter 8.36, Solid Waste, of Title 8,
Health and Safety, of the Moorpark Municipal Code, and Approving a California
Environmental Quality Act Exemption in Connection Therewith. (ROLL CALL
VOTE REQUIRED)
Item: 11.A.
ORDINANCE NO. 485
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 8.36, SOLID WASTE,
OF TITLE 8, HEALTH AND SAFETY, OF THE MOORPARK
MUNICIPAL CODE, AND APPROVING A CALIFORNIA
ENVIRONMENTAL QUALITY ACT EXEMPTION IN
CONNECTION THEREWITH
WHEREAS, Ordinance No. 478 amended and restated portions of Chapter 8.36,
Solid Waste, of Title 8, Health and Safety, of the Moorpark Municipal Code in January
2020; and
WHEREAS, Assembly Bill (AB) 1826 adopted in October 2014 required
businesses to recycle their organic waste on and after April 1, 2016, depending on the
amount of waste they generate per week; and
WHEREAS, AB 1826 requires that on and after January 1, 2016, local
jurisdictions must implement an organic waste recycling program to divert organic waste
generated by businesses, including multifamily residential dwellings that consist of five
or more units; and
WHEREAS, the California Department of Resources Recycling (“CalRecycle”),
the agency responsible for administration and oversight of California’s non-hazardous
waste handling, including compliance with AB 1826, has determined the a change to
organic waste recycling requirements is necessary to maintain compliance; and
WHEREAS, AB 1826 includes various implementation thresholds requiring
organic recycling thresholds to be expanded effective January 2020 to cover
businesses that generate two (2) cubic yards or more of commercial solid waste per
week; and
WHEREAS, subsection 8.36.090 of Chapter 8.36, Solid Waste, of Title 8, Health
and Safety, of the Moorpark Municipal Code requires an amendment to maintain
compliance with AB 1826; and
WHEREAS, at its meeting of November 4, 2020, the City Council introduced this
ordinance amending Chapter 8.36, Solid Waste, of Title 8, Health and Safety, of the
Moorpark Municipal Code; and
WHEREAS, the City Council concurs with the Community Development
Director’s determination that this amendment is not a project within the meaning of
Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines,
because it has no potential for resulting in physical change in the environment, directly
or indirectly.
Item: 11.A.
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Ordinance No. ___
Page 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
ORDAINS AS FOLLOWS:
SECTION 1. Subsection 8.36.090 “Organic Waste” is hereby amended to read
as follows:
Businesses that generate two (2) cubic yards or more of commercial solid waste
per week, and multifamily residential with five (5) or more units, shall arrange for organic
waste recycling services. Food waste collection shall be placed in designated food
waste containers and not commingled with other wastes, including other types of green
waste.
SECTION 2. CEQA. The Community Development Director has determined
that this Ordinance is not a project within the meaning of Section 15378 of the State of
California Environmental Quality Act ("CEQA") Guidelines, because it has no potential
for resulting in physical change in the environment, directly or indirectly. The Ordinance
is exempt from CEQA because the City Council's adoption of the Ordinance is covered
by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. (State CEQA Guidelines, §
15061(b)(3)). This Ordinance modifies a regulatory structure for the collection of solid
waste and recyclables.
SECTION 3. Severability. If any sections, subsections, sentence, clause, or
phrase of the Chapter adopted by this ordinance is for any reason held to be invalid or
unconstitutional by the decision or legislation of any court of competent jurisdiction, or
by reason of preemptive legislation, such decision or legislation shall not affect the
validity of the remaining portions of the Chapter. The City Council declares that it would
have passed this ordinance, and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that one or more of the sections, subsections,
sentences, clauses, or phrases thereof is declared invalid or unconstitutional.
SECTION 4. Effective Date. This ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 5. Publication and Certification. The City Clerk shall certify to the
passage and adoption of this ordinance; shall enter the same in a book of original
ordinances of said City; shall make a written record of the passage and adoption thereof
in the minutes of the proceedings of the City Council at which the same is passed and
adopted; and shall publish notice of adoption in the manner required by law.
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Ordinance No. ___
Page 3
PASSED AND ADOPTED this 18th day of November, 2020.
________________________________
Janice S. Parvin, Mayor
ATTEST:
____________________________
Ky Spangler, City Clerk
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