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ORD 616U ORDINANCE NO. 616U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019-0001). WHEREAS, the State Water Resources Control Board (State Water Board) has adopted the Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS), dated June 19, 2012, also referred to as the "OWTS Policy"; and WHEREAS, the State Water Board's OWTS Policy provides a multi-tiered strategy for management of OWTS in California; and WHEREAS, the Los Angeles County Department of Public Health (DPH) submitted a proposed Local Agency Management Program (LAMP) for oversight of OWTS within designated cities and unincorporated areas of the County of Los Angeles to the local Water Board prepared in accordance with the requirements of the OWTS Policy; and WHEREAS, Cities desirous of having DPH's Land Use Program review proposed OWTS must enter into a memorandum of understanding (MOU) with DPH and adopt the appropriate sections of the Los Angeles County Health and Safety Code that has been updated to reflect the current State Water Board's policies in order to provide for the County's enforcement of the LAMP's provisions and restrictions; and WHEREAS, the City of Rancho Palos Verdes desires to continue to receive DPH's Land Use Program services to review proposed OWTS and enforce the LAMP's provisions and restrictions; and WHEREAS, Government Code Section 36937 expressly authorizes the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety, if the ordinance is approved by four-fifths of the City Council. To this end, this Ordinance is adopted for the immediate preservation of the public peace, health, and safety, given the City's service requirements for OWTS within the City of Rancho Palos Verdes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated fully herein. B. The City Council finds that the amendments to Section 8.04.010 of the City of Rancho Palos Verdes Municipal Code are necessary to comply with new standards and regulations mandated by the State Water Board. C. The City Council finds that the amendments to Section 8.04.010 of the City of Rancho Palos Verdes Municipal Code are necessary to preserve the public health, safety, and general welfare by ensuring adequate service to OWTS within the City. SECTION 2. Section 8.04.010 (Adoption of Los Angeles County Health and Safety Code) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced to read as follows: 8.04.010 -Adoption of Los Angeles County Health and Safety Code. A. Except as hereinafter provided, Title 11, entitled "Health and Safety," of the Los Angeles County Code, as amended and in effect on September 1, 1998, is adopted by reference as the health code of the City of Rancho Palos Verdes and may be cited as such. B. Chapter 11.38, entitled "Water and Sewers", of Title 11 of the Los Angeles County Code, as amended and in effect on January 15, 2019, is adopted by reference as the LAMP Ordinance of the City of Rancho Palos Verdes and may be cited as such. C. A copy of the county health and safety code has been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public. SECTION 3. 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 any 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 and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933 in a newspaper of general circulation which is hereby designated for that purpose. SECTION 5. This Urgency Ordinance shall go into effect and be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council pursuant to Government Code Sections 36934 and 36937. Ordinance No. 616U Page 2 of 3 PASSED, APPROVED and ADOPTED this 15th day of January, 2019. ayor A 4lbCity Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 616U was duly adopted by the City Council of said City at a regular meeting thereof held on January 15, 2019, and that the same was passed and adopted by the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda and Mayor Duhovic NOES: None ABSENT: None ABSTAIN: None d. I City Clerk Ordinance No. 616U Page 3of3 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on January 16, 2019, she caused to be posted the following document entitled: ORDINANCE NO. 616U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS(CASE NO.PLCA2019-0001), a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the _ -going is a true and correct affidavit of posting. . '- bl; 4 City Clerk