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HomeMy WebLinkAbout2019-019 - Recycling Market Development ZoneROH: 03/19/19 RESOLUTION NO. 2019-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REAFFIRMING THE DESIGNATION OF THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Public Resources Code section 42010 provides for the establishment of the Recycling Market Development Zone (RMDZ) program throughout the State, which provides incentives to stimulate development of post -consumer and secondary materials markets for recyclables. B. Pursuant to the California Integrated Waste Management Act of 1989 (AB 939), all California jurisdictions must meet a 50% reduction in landfill waste disposal. C. The development of local markets for recycled materials reduces the need to transport such materials out of the region. D. The current and proposed waste management practices and conditions are favorable to the development of post -consumer and secondary waste materials markets. E. On July 7, 2015, the City Council adopted a resolution to designate the City of Santa Ana as a RMDZ as a participant in the Orange County Recycling Market Development Zone (OCRMDZ) under the lead designation of the City of Huntington Beach. F. On September 15, 2015, the City Council reaffirmed a resolution to designate Santa Ana as a participant in the Zone due to the addition of the County of Orange's desire to become a new member of the Zone. G. Each year, other Orange County cities are invited to become members of the OCRMDZ. If new jurisdictions wish to join the OCRMDZ, the State program requires that cities adopt a new resolution approving their current designation and the designation of any new members to the Zone. The cities of Fullerton and Lake Forest have requested to be added to the Zone. H. The cities of Santa Ana, Huntington Beach, Garden Grove, Orange, Stanton, Resolution No. 2019-019 Page 1 of 4 Fullerton and Lake Forest, as well as unincorporated Orange County, intend to submit an updated application to CalRecycle requesting expansion of its membership and confirmation of its designation as a countywide RMDZ dedicated to establishing, sustaining and expanding recycling -based manufacturing businesses, which is essential for market development and to assist these jurisdictions in meeting the established landfill waste reduction goals. I. As the lead agency, the City of Huntington Beach will submit the updated application for the OCRMDZ to CalRecycle for Board approval by June 1, 2019. J. In accordance with the California Environmental Quality Act (CEQA), the City of Huntington Beach, as the lead agency, found that the designation of the RMDZ is exempt from CEQA. On the basis of the entire record before it, the City of Huntington Beach found that there was no substantial evidence that the requested designation as a RMDZ will have a significant effect on the environment, and therefore filed a Notice of Exemption with the County of Orange Recorder and the California Office of Planning and Research. K. In order for the City to continue its designation as a RMDZ, the State program requires that cities adopt a resolution reaffirming the designation and participation in the program, which is then included in the application to CalRecycle by the lead agency. L. The designation as a RMDZ is necessary to facilitate local and regional planning, coordination, and support existing and new recycling -based manufacturing businesses, as well as the attraction of private sector recycling investments to the RMDZ. M. RMDZ designation makes existing and new recycling -based manufacturing businesses located within the zone eligible for the technical and financial incentives associated with the RMDZ program. N. Local governing bodies may receive RMDZ program related payments as authorized by the Public Resources Code. O. The California Legislature has defined environmental justice as "the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies" (Government Code section 65040.12(e)), and has directed the California Environmental Protection Agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations, and low income populations of the State (Public Resources Code section 71110(a)). P. CalRecycle, in its Strategic Plan, has adopted a goal to continuously integrate Resolution No. 2019-019 Page 2 of 4 environmental justice concerns into all of the Department's programs and activities. Section 2. Based upon the information provided herein and at the hearing on this matter, the City Council of the City of Santa Ana hereby: - Reaffirms the City of Santa Ana as a participant in the Orange County Recycling Market Development Zone, and approves the inclusion of the cities of Santa Ana, Huntington Beach, Garden Grove, Orange, Stanton, Fullerton and Lake Forest, as well as unincorporated Orange County, under the lead designation of the City of Huntington Beach; - Authorizes the City Manager to forward the Resolution to the City of Huntington Beach for inclusion in the updated regional Recycling Market Development Zone application to CalRecycle; and, - Approves receipt of any Recycling Market Development Zone related payments authorized by the Public Resources Code. The City Manager or his or her designee is hereby authorized to execute in the name of the City of Santa Ana all documents necessary to secure payment and implement the associated activities. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Council Action dated March 19, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19th day of March, 2019. APPROVED AS TO FORM: Sonia R. Carvalho Resolution No. 2019-019 Page 3 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers *Ward 4 Representative Vacant Iglesias Penaloza, Pulido Solorio, Villegas (5) None (0) None (0) Sarmiento (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-019 to be the original resolution adopted by the City Council of the City of Santa Ana on March 19, 2019. Date: 3- 2z !X a � 7 C�.. Norma Mitre Acting Clerk of the Council City of Santa Ana Resolution No. 2019-019 Page 4 of 4