Ordinance - 1987URGENCY ORDINANCE NO. 1987
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING
URGENCY ORDINANCE NO. 1967 RELATED TO REVERSE
VENDING MACHINES.
WHEREAS on Janua
ry ry 9 1996, the Planning Commission adopted
Resolution No. 01-09-4336 recommending to that the City Council adopt an
interim urgency ordinance pertaining to the establishment of reverse vending
machines; and
WHEREAS, on February 20, 1996, the City Council of the City of West
Covina adopted Urgency Ordinance No. 1966, which established more stringent
standards for reviewing and approving reverse vending machine facilities; and
WHEREAS, this ordinance was adopted to protect the health and safety
of the public, aesthetics of approved commercial and retail areas for reverse
vending machines, and improvement of current vending machines standards;
and
WHEREAS, pursuant to Section 65858(a) of the California Government
Code, Urgency Ordinance No. 1966 was adopted as an interim measure for a
period of 45 days; and
WHEREAS, on April 2, 1996, the City Council adopted Urgency
Ordinance No. 1967, thereby extending the urgency ordinance for an additional
period of 10 months and 15 days to February 17, 1997; and
WHEREAS, pursuant to Section 665858(a) of the California Government
Code, an additional one-year extension of the urgency ordinance may be
approved; and
WHEREAS, the current standards are not adequate to ensure that
reverse vending machine facilities are properly designed and maintained so as
not create adverse aesthetic impacts and adversely impact the appearance and
vitality of the City's commercial and retail areas; and
WHEREAS, the circumstance stated above poses an immediate threat to
the public health, safety, and welfare, and that the establishment of new or
expansion of existing reverse vending machines under current standards would
result in that threat to public health, safety, and welfare; and
WHEREAS, staff requires additional time to study and develop standards
to prevent the establishment of reverse vending machines that may impact the
public by obscuring the building architecture, obstructing walkways, and creating
unclean conditions and clutter; and
WHEREAS, the City Council wishes to continue in effect the urgency
ordinance; and
WHEREAS, the City Council, upon giving the required notice, did on the
4th day of February 1997, conduct a duly advertised public hearing as
prescribed by law to consider the proposed time extension of Urgency
Ordinance No. 1967.
NOW, THEREFORE, the City Council of West Covina, California hereby
ordains as follows:
ZAMORDINDBMENDEX°1.DOC
Ordinance No. 1987
Reverse Vending Machines
February 4. 1997 - Page 2
SECTION 1: Notwithstanding any provisions of the West Covina
Municipal Code to the contrary, the standards contained in Section 26-
685.93(b) of the West Covina Municipal Code are hereby amended as set
forth in Exhibit "A."
SECTION 2: Severability. Should any section, subsection, clause,
of provision of this urgency ordinance for any reason be held to be. invalid
or unconstitutional, such invalidity or unconstitutionality shall riot affect
the validity or constitutionality of the remaining portions of this urgency
ordinance; it being hereby expressly declared that this urgencyordinance,
and each section, subsection, sentence, clause and phrase hereof would
have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses of
phrases be declared invalid or unconstitutional..
SECTION 3: Effective Immediately. This ordinance is for the
immediate protection of public health and safety by preventing any further
establishment of reverse vending machines that may impact the public by
obscuring the building architecture, obstructing walkways, creating
unclean conditions and clutter during the adoption of a permanent zoning
ordinance. As such, this ordinance shall take effect and supersede
Ordinance No. 1967 immediately upon its expiration on February 17,
1997 and shall be effective for one year thereafter until February 17,
1998.
PASSED, APPROVED AND ADOPTED this 4th day of February, 1997.
ATTEST:
i
_ IV r '
City Cl'er�'f
erIWA
I hereby certify that the foregoing Ordinance was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting thereof held
on the 4th day of February , 1997, by the following vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSENT: None
City Clerk
APPROVED AS TO FORM:
MEMO NONE , •
FH
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