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ORDINANCE 1619ORDINANCE NO. 1619 AN ORDINANCE AMENDING TITLE 5, CHAPTER 2 OF THE EL SEGUNDO MUNICIPAL CODE TO REQUIRE BULKY ITEM PICKUP SERVICE FOR MULTI -FAMILY PROPERTIES The City Council of the City of EI Segundo does ordain as follows: SECTION 1: The City Council finds and determines as follows: A. Abandoned bulky items of solid waste are an unsightly nuisance that degrades the quality of life for residents and visitors of EI Segundo. B. The abandonment of bulky items of solid waste occurs more frequently on multi -family properties as residents and tenants move in and out throughout the year, often discarding bulky items (used furniture, mattresses, appliances, etc., but not including Hazardous Waste items) on or around the premises in the process. C. Section 5-2-14(A) of the EI Segundo Municipal Code ("ESMC") requires the owner or occupant of each multi -family premises to make arrangements for the regular removal of solid waste. Such arrangements must be made with a solid waste service provider that holds a valid City - issued permit. ESMC section 5-2-15 sets forth the commercial/multi- family solid waste hauler permit process and applicable requirements for permittees. D. To preserve and protect the public health and safety, it is necessary to require each permitted commercial/multi-family solid waste hauler to provide on-call bulky item pickup service to multi -family customers at a frequency that is commensurate with the number of units in the multi- family premises served. To ensure that bulky item pickup service is uniformly available at all multi -family properties in the City, it is necessary to require that a minimum level of on-call bulky item pickup service be included as a component of the basic solid waste collection service provided to each multi -family customer. E. To preserve and protect the public health and safety, it is necessary to require the owner or occupant in charge of each multi -family premises to make arrangements for the pickup, on an as -needed basis, of bulky items that are discarded on the premises. F. The timely collection of abandoned bulky items will help to preserve the public health and safety and the proper handling of those bulky items by ORDINANCE NO. 1619 Page 1 of 5 permitted haulers will advance the City's ongoing efforts to maximize the diversion of solid waste from landfills. SECTION 2: Section 5-2-1 of the EI Segundo Municipal Code ("ESMC") is amended to add the following definition: "BULKY ITEM: Large and small household appliances, furniture, carpets, mattresses, box springs, white goods, clothing, tires, and other similar solid waste and similar large items discarded from residential properties. Bulky items do not include hazardous waste." SECTION 3: Section 5-2-14 of the ESMC is amended to add a subparagraph (B) to read as follows: "B. Mandatory Arrangements for Bulky Item Pickup—Multi-Family Premises: The owner, manager, or association in charge of each multi -family premises is required to make arrangements for the pickup, on an as -needed basis, of bulky items that are discarded on the premises. Said arrangements must be made with a hauler that holds a valid permit pursuant to section 5-2- 15 of this chapter and within one business day of the bulky item(s) having been discarded/abandoned on the premises. If bulky item pickup service is required in excess of that included in the basic service level described in section 5-2-15(G)(12), the owner, manager, or association in charge of the premises shall be responsible for the associated service charges imposed by the permitted hauler." SECTION 4: Subparagraph (10) of Section 5-2-15(G) of the ESMC is amended to read as follows: "10. The permittee must provide each commercial and multi -family premises it serves with the collection containers necessary to comply with, implement, and achieve State and local diversion and recycling goals, as applicable. This includes, without limitation, containers that allow for the source separation of solid waste, organics and recyclables. Each container must display the name and telephone number of the permittee." SECTION 5: Section 5-2-15(G) of the ESMC is amended to add a subparagraph (12) to read as follows: "12. The permittee must provide on-call bulky item pickup service for each multi -family premises that it serves. The permittee must make a minimum number of bulky item pickups available to each multi- family premises at no additional charge (i.e., as an included component of its basic service) each year. The minimum number of ORDINANCE NO. 1619 Page 2 of 5 bulky item pickups to be provided at no charge is equal to the number of residential units in the multi -family premises served (e.g., a six -unit multi -family premises will be entitled to a minimum of six bulky item pickups per year). The permittee must agree to collect at least six bulky items per pickup. Additional pickups/items may be made subject to an additional charge to be negotiated between the permittee and the customer. Bulky item pickups must be completed within one business day from the time a customer makes a request for such service. There shall be no size or weight restrictions with respect to bulky items except that permittee shall not be required to remove automobile bodies or any other items that may not be safely handled by two persons. Bulky items collected by permittee shall not be landfilled or disposed of until the following hierarchy has been followed by permittee: Reuse as is (if energy efficient) Disassemble for reuse or recycling Recycle Disposal" SECTION 6: Section 5-2-15(G) of the ESMC is amended to add a subparagraph (13) to read as follows: "13. The permittee must, at no additional charge (i.e., as an included component of its basic service), collect, transport and cause to be recycled all holiday trees which are placed curbside at any multi -family premises served by the permittee during the period beginning on December 26 and ending at 2:00 p.m. on the second Saturday in January." SECTION 7: Environmental Review. This ordinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. Furthermore, the City Council finds and determines that this ordinance is not subject to CEQA for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3), and (3) the ordinance does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). ORDINANCE NO. 1619 Page 3 of 5 SECTION 8: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 9: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10: The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of EI Segundo's book or original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11: This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED AND ADOPTED ORDINANCE NO. 1619 this 15th day of September, 2020 Drew Bq$1k,Mayor ATTEST: b� �)fezt� Tracy ��eav City Clerk APPROVED AS TO FORM VSP-i 4) 'FO(, Mark D. Hensle C' Attorney ORDINANCE NO. 1619 Page 4 of 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1619 was duly introduced by said City Council at a regular meeting held on the 1St day of September, 2020, and was duly passed, and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of September, 2020, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pimentel, Council Member Pirsztuk, Council Member Nicol and Council Member Giroux NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of September, 2020. Tr y Weaver, City Clerk of the City of EI Segundo, California ORDINANCE NO. 1619 Page 5 of 5