HomeMy WebLinkAboutResolution 2021-205 N.C.S. 12/20/2021Resolution No. 2021-205 N.C.S. 1
Resolution No. 2021-205 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE JURISDICTIONS OF CLOVERDALE, COTATI, HEALDSBURG, PETALUMA, ROHNERT PARK, SANTA ROSA, SEBASTOPOL, SONOMA, WINDSOR, AND THE COUNTY OF SONOMA AND
THE SONOMA COUNTY WASTE MANAGEMENT AGENCY REGARDING IMPLEMENTATION OF SB 1383 REGULATIONS WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
CalRecycle to develop regulations to reduce organics in landfills as a source of methane; and
WHEREAS, the regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery
Services to support achievement of Statewide Organic Waste disposal reduction targets; and
WHEREAS, jurisdictions may enter into a contract with a joint powers authority to implement the requirements of the SB 1383 Regulations, except that the Jurisdictions shall remain ultimately responsible for compliance in accordance with Section 18981.2 of
the Regulations; and WHEREAS, the cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, the County of Sonoma, and the Town of Windsor are members of the Sonoma County Waste Management Agency (Agency), and the Agency operates certain core
programs on behalf of and for the benefit of the Jurisdictions, including but not limited to providing education regarding recycling, composting, and other methods of waste diversion to the Jurisdictions and the public, and conducting, preparing, and submitting all monitoring and reporting as a regional agency pursuant to the Integrated Waste Management Act (California Public Resources Code sections 40000 et seq.); and
WHEREAS, the Agency is a joint powers authority established pursuant to the California Joint Exercise of Powers Act (Gov. Code sections 6500 et seq.); and WHEREAS, the City Council of the City of Petaluma approved of Resolution 2019-114
Adopting Zero Waste Principles on July 15, 2019; and WHEREAS, the City Council of the City of Petaluma approved of Resolution 2021-007 Approving a Climate Emergency Framework on January 7, 2021; and
WHEREAS, action on the proposed resolution approving of a Memorandum of Understanding between members of the Sonoma County Waste Management Agency (Agency) and Agency is exempt under the “common sense” exception in CEQA Guidelines Section
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Resolution No. 2021-205 N.C.S. 2
15061(b)(3), which establishes the general rule for projects concerning which can be seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment as it can be seen with certainty that this regulatory amendment mandating
organics waste disposal reduction will have a significant negative effect on the environment; and WHEREAS, in the alternative, the adoption and implementation of this ordinance is exempt from CEQA pursuant to Sections 15307 and 15308 of the State CEQA Guidelines as an
action taken to assure the maintenance, restoration, enhancement, and protection of natural
resources and the environment as authorized by state law where the regulatory process involves procedures for protection of the environment; and the basis for this determination is that the proposed Memorandum of Understanding will increase recovery of edible food, reducing pollutants caused by organic waste caused by disposal in landfills, and reducing greenhouse gas
emissions; and
WHEREAS, the parties are entering into this MOU establish certain roles and responsibilities that the Agency shall assume on behalf of the Jurisdictions to implement the SB 1383 Regulations under the terms and conditions as set forth herein.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Petaluma hereby: 1. The above recitals are hereby declared to be true and correct and are incorporated into the
resolution as findings of the Petaluma City Council.
2. Finds that approving a Memorandum of Understanding between members of the Sonoma
County Waste Management Agency (Agency) and Agency is exempt under the “common sense” exception in CEQA Guidelines Section 15061(b)(3), which establishes the general rule for projects concerning which can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment as it can be
seen with certainty that this regulatory amendment mandating organics waste disposal
reduction will have a significant negative effect on the environment In the alternative, the adoption and implementation of this ordinance is exempt from CEQA pursuant to Sections 15307 and 15308 of the State CEQA Guidelines as an action taken to
assure the maintenance, restoration, enhancement, and protection of natural resources and
the environment as authorized by state law where the regulatory process involves procedures for protection of the environment; and the basis for this determination is that the proposed Memorandum of Understanding will increase recovery of edible food, reducing pollutants caused by organic waste caused by disposal in landfills, and reducing
greenhouse gas emissions; and
3. The Memorandum of Understanding between the Parties regarding Implementation of SB
1383 (organic waste reduction) Regulations, attached hereto as Exhibit A, is adopted and
the City Manager is authorized to execute any documents necessary for implementation
of the MOU.
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Resolution No. 2021-205 N.C.S. 3
4. This Resolution shall become effective immediately.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by
the Council of the City of Petaluma at a Regular meeting on the 20th day
of December 2021, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Barnacle; Fischer; Healy; King; McDonnell;
Pocekay
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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