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