HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4125 repealing HuntinDept. ID PW 16-059 Page 1 of 2
Meeting Date: 10/17/2016
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/17/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve for Introduction Ordinance No. 4125 repealing Huntington Beach
Municipal Code Section 8.21.176 Mandatory Recycling of Organic Waste by
Businesses Commercial Organic Waste Recycling
Statement of Issue:
Transmitted for your consideration is an Ordinance to repeal Huntington Beach Municipal Code
Section 8.21.176 Mandatory Recycling of Organic Waste by Businesses Commercial Organic
Waste Recycling.
Financial Impact:
Not applicable.
Recommended Action:
Approve for Introduction Ordinance No.4125, "An Ordinance of the City of Huntington Beach
Repealing Huntington Beach Municipal Code Section 8.21.176 Mandatory Recycling of Organic
Waste by Businesses Commercial Organic Waste Recycling."
Alternative Action(s):
Do not approve Ordinance as introduced and direct staff accordingly.
Analysis:
Staff has determined that an ordinance is not necessary for compliance with state law.
Environmental Status:
The project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section
15061(b)(3), which exempts projects where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment. Ordinance No. 4079
amended the City's Refuse Management ordinance, adding section 8.21.176 to the Huntington
Beach Municipal Code (HBMC) to incorporate State law mandating certain requirements for organic
waste producers. Since the businesses subject to compliance with the requirements of HBMC
Section 8.21.176 would still be mandated to implement the requirements pursuant to State law, no
physical change in the environment would result from repealing Section 8.21.176. Therefore, it is
reasonably foreseeable to assume that no change in existing conditions with the potential to cause
a direct or indirect significant physical environmental effect would occur as a result of the project
(i.e. — repeal of HBMC Section 8.21.176).
HB -553- Item 13. - I
Dept. ID PW 16-059 Page 2 of 2
Meeting Date: 10/17/2016
The project is also exempt pursuant to City Council Resolution No. 4501, which supplements the
CEQA Guidelines, and states that projects involving "adoption of ordinances (except zoning) which
establish or amend procedures for reviewing an activity..." are exempt. The project involves
adoption of an ordinance to repeal a previously adopted ordinance, thereby amending the City's
procedures for refuse management. None of the exceptions listed in Section 15300.2 of the CEQA
Guidelines would apply to the proposed project.
Strategic Plan Goal:
Non -Applicable — Administrative Item
Attachment(s):
1. Ordinance No. 4125, "An Ordinance of the City of Huntington Beach Repealing
Huntington Beach Municipal Code Section 8.21.176 Mandatory Recycling of Organic Waste
by Businesses Commercial Organic Waste Recycling"
2. Legislative Draft
Item 13. - 2 HB -554-
ORDINANCE NO. 4125
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING HUNTINGTON BEACH MUNICIPAL CODE
SECTION 8.21.176 MANDATORY RECYCLING OF
ORGANIC WASTE BY BUSINESSES COMMERCIAL
ORGANIC WASTE RECYCLING
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.21.176 of Chapter 8.21 of the Huntington Beach Municipal
Code is hereby repealed.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of November , 2016.
Mayor
REVI
Y ....
ATTEST: Q
City Clerk
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Director of PuD c Works
15-4570/145138.doc
Ord. No. 4125
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly appointed, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on October 17, 2016, and was again read to said City
Council at a Regular meeting thereof held on November 7, 2016, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I, Robin Estanislau, CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on November 17, 2016.
In accordance with the City Charter of said City.
Robin Estanislau, Cily Clerk
Senior Deputy City Clerk
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City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
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