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Item 27 - Resolution Making a Call to Action Regarding ICE Immigration Enforcement
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Item 27 - Resolution Making a Call to Action Regarding ICE Immigration Enforcement
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6/26/2025 11:02:35 AM
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6/26/2025 10:55:09 AM
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City Clerk
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Agenda Packet
Agency
City Manager's Office
Item #
27
Date
7/1/2025
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Resolution No. 2025-_____ <br />Page 5 <br />SECTION 6. CEQA Determination. <br />The City Council hereby makes the following findings with respect to the <br />California Environmental Quality Act (“CEQA”): This Resolution is not subject to <br />CEQA (“Public Resources Code section 21000 et seq.) because it does not qualify <br />as a “project” under CEQA. The State CEQA Guidelines provide that “[a]n activity <br />is not subject to CEQA if … the activity is not a project as defined in Section 15378.” <br />(State CEQA Guidelines, § 15060(c).) Here, the Resolution does not qualify as a <br />“project” as defined in State CEQA Guidelines section 15378 for at least two <br />different reasons: First, Section 15378 defines a project as an activity that “has a <br />potential for resulting in either a direct physical change in the environment, or a <br />reasonably foreseeable indirect physical change in the environment.” (State <br />CEQA Guidelines, § 15378(a).) Here, the Resolution makes a public plea and <br />gives staff direction, which certainly will not result in any direct or reasonably <br />foreseeable indirect physical change in the environment. Accordingly, the <br />Resolution is not a “project” subject to CEQA. (State CEQA Guidelines, § <br />15060(c).) <br />Second, Section 15378 explicitly excludes from its definition of “project” the <br />following: “organizational or administrative activities of governments that will not <br />result in direct or indirect physical changes in the environment.” (State CEQA <br />Guidelines, § 15378(b)(5).) The Resolution authorizes and directs staff to engage <br />in administrative activities that will not result in a physical change in the <br />environment, and it therefore is not subject to CEQA. (Ibid.). <br />In the alternative, the Resolution is exempt from CEQA under State CEQA <br />Guidelines Section 15061(b)(3), which provides that activity is exempt from CEQA <br />where it can be seen with certainty that there is no possibility that the activity in <br />question may have a significant effect on the environment. Here, the Resolution <br />makes a public plea and gives staff direction, which certainly will not result in any <br />physical alterations or activities that could affect the environment and are not <br />expected to have any significant environmental impact. <br />SECTION 7. Severability. If any provision of this Resolution or the application <br />thereof to any person or circumstance is held invalid, such invalidity shall not affect <br />other provisions or applications, and to this end the provisions of this Resolution <br />are declared to be severable. <br />SECTION 8. Effective Date. This Resolution shall take effect immediately upon <br />its adoption by the City Council, and the City Clerk shall attest to and certify the <br />vote adopting this Resolution.
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