PUBLIC NOTICE OF ORDINANCE ADOPTION
Notice is hereby given that the Murrieta City Council introduced the following Ordinance at a public heard held during the Regular meeting on March 1, 2022 and adopted the Ordinance at a Regular meeting on March 15, 2022, commencing at 6:00 p.m., City Council Chambers, 1 Town Square, Murrieta, CA 92562.
Said Ordinance is on file in the office of the City Clerk at 1 Town Square, Murrieta, CA 92562. If you would like a copy of this Ordinance including exhibits, please contact the City Clerk’s office at (951) 461-6031 or [email protected].
ORDINANCE NO. 575-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Murrieta, California, REPEALING AND REPLACING CHAPTER 8.28 OF THE MURRIETA MUNICIPAL CODE RegulatiNG WASTE MANAGEMENT
WHEREAS, the City of Murrieta (“City”) is a municipal corporation, duly organized under the Constitution and the laws of the State of California; and
WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Sections 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program; and
WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires the City to implement a recycling program to divert organic waste from businesses subject to the law, and requires the City to implement a mandatory commercial organics recycling program; and
WHEREAS, Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these Senate Bill 1383 regulations place requirements on multiple entities including the City, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self-haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and
WHEREAS, Senate Bill 1383 requires the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of Senate Bill 1383; and
WHEREAS, this Ordinance implements the requirements of Assembly Bill 341, Assembly Bill 1826, and Senate Bill 1383.
NOW THEREFORE, the City Council of the City of Murrieta, California, does hereby ordain as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Chapter 8.28 (Waste Management) of the Murrieta Municipal Code is hereby repealed and replaced as shown in Exhibit A [available upon request from the City Clerk’s Department], attached hereto and incorporated herein by this reference.
SECTION 3. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308 because it can be seen with certainty that the Ordinance will not have a significant effect on the environment, and further that the new regulations, which strengthen the requirements for the handling of solid waste, represent actions by a regulatory agency for the protection of the environment.
SECTION 4. If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal, or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted this Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 5. This Ordinance shall take effect and be enforced thirty (30) days following its adoption by the City Council.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the Office of the City Clerk at least five (5) days prior to the adoption of the proposed Ordinance; and within fifteen (15) days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Councilmembers voting for and against the Ordinance.
INTRODUCED at a regular meeting of the City Council of the City of Murrieta, California, held on this 1st day of March, 2022; and
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Murrieta, California, held on the 15th day of March, 2022.
/s/
Jonathan Ingram, Mayor
ATTEST:
/s/
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
/s/
Leslie E. Devaney, City Attorney
ATTACHMENT:
Exhibit A – Repealed and Replaced Chapter 8.28 [available upon request from the City Clerk’s Department]
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the 1st day of March, 2022, and that thereafter the said Ordinance was duly and regularly adopted at a meeting of the City Council on the 15th day of March, 2022, by the following vote, to wit:
AYES: White, Stone, Warren, DeForest, Ingram
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, on this 15th day of March, 2022.
/s/
Cristal McDonald, City Clerk
A copy of the Ordinance, including exhibits, can be provided at no cost by contacting the City Clerks Department at (951) 461-6031 or [email protected]