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HomeMy Public PortalAboutOrdinance 1116ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT REPEALING CHAPTER 13.20 OF THE BEAUMONT MUNICIPAL CODE AND ADOPTING BY REFERENCE IN ITS PLACE ORDINANCE NO. 8 OF THE SANTA ANA WATERSHED PROJECT AUTHORITY ESTABLISHING REGULATIONS FOR THE USE OF THE INLAND EMPIRE BRINE LINE, FORMERLY KNOWN AS THE SANTA ANA REGIONAL INTERCEPTOR WHEREAS, the City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to, 15060(c)(2), 15061(b)(2), 15061(b)(3) CEQA as review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment, the proposed amendments constitute a minor alteration in a land use limitation under CEQA Guidelines 15305, and based on CEQA Guidelines 15301 (Existing Facilities) and 15321, (Enforcement Actions by Regulatory Agencies). WHEREAS, Orange County Sanitation District has expressed a desire to consolidate permitting, inspection, monitoring, and enforcement activities over the Inland Empire Brine Line, formerly known as the Santa Ana Regional Interceptor Brine Line into one public agency, specifically the Santa Ana Watershed Project Authority ("SAWPA"), to ensure continuity and consistency in the operation of the Inland Empire Brine Line; and WHEREAS, the member agencies of SAWPA have previously drafted an ordinance governing the use of the Brine Line, to be adopted by the member agencies so as to provide uniform and consistent guidelines governing the use of the Brine Line; and WHEREAS, the City wishes to adopt, in full, the provisions of SAWPA Ordinance No. 8 establishing regulations for the use of the Inland Empire Brine Line. WHEREAS, the City wishes to repeal Chapter 13.20 of the Beaumont Municipal Code concerning Pretreatment and Treatment of Wastes, the subject matter which will be replaced, superseded and supplemented by SAWPA Ordinance No. 8 and the following policies of SAWPA that will be adopted contemporaneously by a separate Resolution of the City Council: Pretreatment Program Enforcement Response Plan, October 15, 2003 SAWPA Pretreatment Program Procedures, January 15, 2014 SAWPA Pretreatment Program Policies, October 15, 2013 NOW, THEREFORE, be it ordained by the City Council of the City of Beaumont as follows: SECTION 1. CHAPTER 13.20 OF THE CITY OF BEAUMONT MUNICIPAL CODE is repealed and contemporaneously with such repeal the following Chapter 13.20 is hereby adopted in its place: 1 "Chapter 13.20 Adoption of SAWPA Ordinance. 13.20.100 SAWPA Ordinance Number 8. Santa Ana Watershed Project Authority Ordinance No. 8, as further amended and restated or replaced by any successor ordinance of the Santa Ana Watershed Project Authority is hereby adopted by the City of Beaumont." SECTION 2. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. SECTION 3. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced. SECTION 4. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 19th day of November, 2019, by the following roll call vote: AYES: White, Lara, Carrol, Santos, Martinez NOES: 0 ABSENT: 0 ABSTAIN: 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 3rd day of December, 2019. AYES: White, Lara, Carrol, Santos, Martinez NOES: 0 ABSENT: 0 ABSTAIN: 0 Attest: Malt. , vjropt, VHtV uty Approved as to form: Johri'H Pinkney, City, i"rney