Patterson City Council
February 15, 2022

1 1 RESOLUTION NO. 2022-06
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 AUTHORIZING THE CITY OF PATTERSON TO SUBMIT A NOTIFICATION OF 5 INTENT (NOI) TO COMPLY PURSUANT AND CONSISTENT WITH SENATE BILL 6 1383 DESIGNED TO ACHIEVE THE ORGANIC WASTE REDUCTION GOALS 7 ESTABLISHED BY SECTION 39730.6 OF THE HEALTH AND SAFETY CODE 2025 8 9 The City Council of the City of Patterson (hereafter referred to as the “City Council”) 10 does resolve as follows:
11 12 WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has 13 adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 14 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established 15 in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level 16 of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent 17 reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. 18 19 WHEREAS, the City of Patterson is a local jurisdiction required to comply with the 20 Regulations;
21 22 WHEREAS, the City of Patterson is or expects to be facing continuing violations of 23 the Regulations commencing during the 2022 calendar year; 24 25 WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the 26 Public Resources Code (Statute), created a mechanism called a Notification of Intent to 27 Comply through which a local jurisdiction may secure administrative civil penalty relief from 28 any continuing violations of the Regulations for the 2022 calendar year and may be eligible 29 for a broader and longer-term regulatory compliance path, including suspended administrative 30 civil penalties, through a corrective action plan.
31 32 WHEREAS, City of Patterson is a local jurisdiction authorized by the Statute to submit a 33 Notification of Intent to Comply for CalRecycle approval; 34 35 WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly 36 adopted by the jurisdiction by formal written resolution and meets the requirements of the 37 Statute;
38 39 NOW THEREFORE BE IT RESOLVED THAT:
40 41 The City Council of the City of Patterson by and through its City Manager hereby formally 42 adopts the Notification of Intent to Comply attached as Exhibit “A.” 43 2
1 The City Council of the City of Patterson hereby authorizes and directs the City Manager on 2 its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to 3 CalRecycle for approval pursuant to the Statute.
4 5 By submitting the Notification of Intent to Comply pursuant to and subject to the above 6 referenced requirements, the City Council of the City of Patterson represents and certifies 7 that it will implement the proposed actions to remedy the violations according to the 8 proposed schedule as approved by CalRecycle and in accordance with the Statute and 9 Regulations.
10 11 The City Council of the City of Patterson by and through its City Manager also 12 acknowledges and agrees to comply with any maximum compliance deadline in any 13 corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and 14 appropriate under the circumstances for the correction of any violation(s) of the Statute and 15 Regulations identified in its Notification of Intent to Comply. 16 17
18 The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 15
th
19 day of February 2022, by , who
20 moved its adoption, which motion was duly seconded by , and it was 21 upon roll call carried and the resolution adopted by the following roll call vote:
22 23 AYES:
24 NOES:
25 EXCUSED:
26 27
28 APPROVED:
29 30 _____________________________________
31 Dennis McCord, Mayor of the City of Patterson
32 ATTEST:
33 34
35 __________________________________________
36 Aracely Alegre, City Clerk of the City of Patterson
3 1 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 2 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15 th
3 day of February 2022 and I further
4 certify that said resolution is in full force and effect and has never been rescinded or modified. 5 DATED:
6 7 ___________________________________
8 City Clerk of the City of Patterson
9