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RESOLUTION NO. 2022-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A NOTICE TO COMPLY WITH SB 1383 TO THE CALIFORNIA DEPARTMENT OF
RESOURCES, RECYCLING AND RECOVERY (CALRECYCLE)
WHEREAS, in September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants; and WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
WHEREAS, pursuant to Public Resources Code Section 42652.5, CalRecycle is authorized to review and approve notifications of intent to comply from local jurisdictions facing continuing violations that commence during the 2022 calendar year; and WHEREAS, due to COVID-19 and various other unforeseen circumstances, the City of Cathedral City will need additional time to implement programs to comply with SB 1383; and
WHEREAS, on October 5, 2021, Governor Gavin Newsom signed SB 619 which provides an opportunity for jurisdictions that will not meet the compliance timelines set forth in SB 1383 to submit a compliance plan to avoid enforcement penalties assessed by CalRecycle; and
WHEREAS, the City of Cathedral City is a local jurisdiction authorized by SB 619 to submit a Notification of Intent to Comply for CalRecycle approval; WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of SB 619;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cathedral City, as follows:
SECTION 1. The recitals set forth above are true and correct and are adopted as findings as though fully set forth herein.
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SECTION 2. The City Manager or his or her designee is authorized to submit a Notice of Intent to Comply with SB 1383, attached hereto as Exhibit A and incorporated herein, on behalf of the City of Cathedral City to CalRecycle.
SECTION 3. That the City Manager or his or her designee is authorized to amend or modify the Notice of Intent to Comply and execute all documents necessary to implement the Notice of Intent to Comply with SB 1383 to CalRecycle, and that this authorization is effective until rescinded by the City Council.
By submitting the Notice of Intent to Comply, Cathedral City represents that it intends to implement the proposed actions in accordance with the proposed schedule as approved by CalRecycle and in accordance with SB 619 and SB1383 Regulations.
SECTION 4. This Resolution shall take effect immediately upon its adoption.
SECTION 5. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED, at a meeting of the City Council of the City of Cathedral City, California, on this 23rd day of February, 2022.
Ernesto Gutierrez, Mayor
ATTEST:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF CATHEDRAL CITY )
I, Tracey Hermosillo, City Clerk of the City of Cathedral City, California, hereby certify that Resolution No. 2022-12 was adopted by the City Council of the City of Cathedral City at a regular meeting held on the 23rd day of February, 2022, and that the same was adopted by the following vote:
AYES: Councilmember Gregory, Ross and Carnevale; Mayor Pro Tem Lamb and Mayor Gutierrez
NOES: None
ABSTAIN: None
ABSENT: None
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TRACEY R. HERMOSILLO, CITY CLERK
CITY OF CATHEDRAL CITY