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O 706 ORDINANCE NO. 706 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING AND REPLACING CHAPTER 8.34 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO EXPANDED POLYSTYRENE AND ADOPTING BY REFERENCE ORDINANCE NO. 2019-1 OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY REGULATING POLYSTYRENE AND EXPANDED POLYSTYRENE (EPS) FOOD CONTAINERS AND PRODUCTS WHEREAS, the City of Arroyo Grande ("City") is a member of the San Luis Obispo County Integrated Waste Management Authority ("IWMA"), a joint powers agency established pursuant to Government Code Section 6500 et seq.; and WHEREAS, the City has previously adopted Chapter 8.34 of the Arroyo Grande Municipal Code ("AGMC") relating to expanded polystyrene disposable food containers; and WHEREAS, the IWMA has recently adopted Ordinance No. 2019-1, Regulating Polystyrene and Expanded Polystyrene Food Containers and Products and the City desires to assure that the provisions in the AGMC are in conformity with and not in conflict with the provisions of IWMA Ordinance No. 2019-1 and therefore desires to adopt IWMA Ordinance No. 2019-1 by reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2. Chapter 8.34 of the Arroyo Grande Municipal Code is hereby repealed in its entirety and replaced with the following: Chapter 8.34 — Expanded Polystyrene. 8.34.010 — Adoption of Integrated Waste Management Authority (IWMA) Ordinance No. 2019-1 by Reference. A. As used in this Code, "IWMA Ordinance No. 2019-1" means IWMA Ordinance No. 2019-1, Regulating Polystyrene and Expanded Polystyrene Food Containers and Products, as the same may be amended from time to time. B. IWMA Ordinance No. 2019-1 is adopted by reference as the City of Arroyo Grande Polystyrene and Expanded Polystyrene Food Containers and Products Ordinance. C. The City Clerk shall keep a true and correct copy of the current version of IWMA Ordinance No. 2019-1 on file and available for use and examination by the public during normal business hours. ORDINANCE NO. 706 PAGE 2 8.34.020 —Violations. A. In addition to the provisions contained in Section 8 of IWMA Ordinance No. 2019- 1, any violation of the provisions of this chapter by any person is subject to the penalty provisions as provided in Chapter 1.16 of this code. B. As required by Government Code Section 50022.4, the following are the penalty provisions contained in Section 8 of IWMA Ordinance No. 2019-1: SECTION 8. Violations and Enforcement. A. The IWMA may enforce the provisions of this Ordinance through a civil action for civil penalties in the amounts established herein, and any other civil remedy, including prohibitory and mandatory injunction relief, filed in the Superior Court of the County of San Luis Obispo to compel and enforce the provisions herein against any Food and Beverage provider or Vendor within San Luis Obispo County in violation of this Ordinance. In addition to any relief available to IWMA to enforce this Ordinance, the IWMA shall also be entitled to recover reasonable attorneys' fees and costs incurred in enforcing this Ordinance. B. For any violation of this Ordinance, the IWMA may sue to recover civil penalties in the amount of $1,000.00 per day for every day on which a violation exists. For purposes of calculating the civil penalties to be established hereunder, each day on which the Food and Beverage provider or Vendor fails to comply with the requirements of this Ordinance, after having received a written notice of violation issued by the IWMA, shall constitute a separate offense. C. In lieu of the civil penalties identified in Section 8 (B), the Executive Director may, in his/her discretion, take the following actions with regard to a Food and Beverage Provider or Vendor not in compliance: 1. Issue a written warning in which the violating party has ninety (90) days to comply. 2. Issue fines as follows: i. A fine of one hundred dollars ($100.00) for the first violation after a written ninety (90) day warning notice is given. ii. A fine of two hundred dollars ($200.00) for the second violation. iii. A fine not exceeding five hundred dollars ($500.00) for the third and any future violations. 3. For the first violation, the IWMA or designee may allow the violating Food and Beverage Provider or Vendor, in lieu of payment of the administrative fine, to submit receipts demonstrating the purchase after the citation date of Reusable, ORDINANCE NO. 706 PAGE 3 Biodegradable, or Recyclable products in an amount equal to the amount of the citation. D. In addition to the civil relief available to the IWMA set forth above, any violation of this Ordinance shall also constitute a misdemeanor punishable under the laws of the State of California. The District Attorney, the County Counsel, or any City Attorney shall be authorized to enforce the provisions of this Ordinance within their respective jurisdictions. In the event of such criminal enforcement, the following criminal penalties apply to violations of this Ordinance: 1. Violation of Misdemeanor. Violations of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. 2. The San Luis Obispo County Sheriff's Department and/or any other police department or law enforcement agencies located within the IWMA's jurisdiction may issue a Notice to Appear Citation for any misdemeanor pursuant to California Penal Code Section 853.6 for any violation of this Ordinance. 3. Penalty for Misdemeanor. Any Food and Beverage Provider or Vendor found to be in violation of any provision of this Ordnance, or who fails to comply with any of its requirements shall upon conviction thereof be punished by imprisonment in the county jail for not more than six months, or be fined not more than one thousand dollars ($1,000.00), or both. Each day such violation continues shall be considered a separate offense. E. To the extent any Member Jurisdictions have adopted code enforcement Ordinances applicable to their jurisdictions, this Ordinance may be enforceable by said governmental entities under said Ordinances as land-use or code- enforcement violations consistent with said Ordinances. F. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity. SECTION 3. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section15061 (b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Further, the ordinance is exempt from CEQA on the separate and independent ground that it is an action of a regulatory agency for the protection of the environment because, among other things, it will regulate the use and sale of Polystyrene and Expanded Polystyrene and reduce the amount of Polystyrene and Expanded Polystyrene that enter local landfills and waterways. Therefore, this ordinance is categorically exempt from the requirements of CEQA under Section 15308 of Title 14 of the California Code of Regulations as an action by a regulatory agency for the protection of the environment. ORDINANCE NO. 706 PAGE 4 SECTION 4. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 5. This Ordinance shall take effect and be in full force and effect upon the effective date of IWMA Ordinance No. 2019-1, which is six (6) months from the date of its passage. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion by Council Member Storton, seconded by Council Member George, and by the following roll call vote to wit: AYES: Council Members Storton, George, Paulding, and Mayor Ray Russom NOES: None. ABSENT: Barneich the foregoing Ordinance was adopted this 10th day of March, 2020. ORDINANCE NO. /060 PAGE 5 t / f CAREN RAY RU MAYOR ATTEST: #/ KELLY app RE, CITY CLERK APPROVED AS TO CONTENT: _� n JAMES . B ' 7 AN, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, C Y ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 706 which was introduced at a regular meeting of the City Council on February 11, 2020; was passed and adopted at a regular meeting of the City Council on the 10th day of March 2020; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of March 2020. 6(14(4k0/1/2_____ KELLY ET ORE, CITY CLERK