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HomeMy WebLinkAboutResolution 2022-016 N.C.S. 11/07/2022 DocuSign Envelope ID:9D5B83B4-7299-4F41-A77E-E4DB36EODF52 Resolution No. 2022-016 N.C.S. of the City of Petaluma,California A Resolution of the City of Petaluma authorizing submittal of application(s) for all CalRecycleGrant and Payment Programs for which the City of Petaluma is eligible WHEREAS,Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery(CalRecycle)to administer various grant and payment programs in furtherance of the State of California's (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, applying for a grant is not a project as it does not commit the City to a definite course of action (See City of Irvine v. County of Orange (2013) 221 Cal 41h 846, 865 (County's decision to apply for state funding for potential jail expansion was not project approval). WHEREAS, alternatively, if applying for a grant to place recycling containers in existing parks did constitute a project under CEQA, the project is categorically exempt under California Environmental Quality Act("CEQA") Guidelines, sections 15301 (Existing Facilities) and 15303 (New Construction). The project consists of applying for a grant to place recycling containers at already existing parks, and this project is also exempt pursuant to CEQA Guideline Section 15304 (Minor Alterations to Land) because the project involves the minor alteration of the condition of land and/or vegetation, and there is negligible or no expansion of use beyond what currently exists and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable pursuant to CEQA Guidelines section 15300.2. WHEREAS, CalRecycle's procedures for administering payment and grant programs require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment and grant program. NOW, THEREFORE,BE IT RESOLVED that the City Council of Petaluma hereby: 1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the City Council. 2. Finds that applying for a grant is not a project as it does not commit the City to a definite course of action(See City of Irvine v. County of Orange (2013) 221 Cal 41h 846, 865 (County's decision to apply for state funding for potential jail expansion was not project approval). Alternatively, if applying for a grant to place recycling containers in existing parks did constitute a project under 1 DocuSign Envelope ID:9D5B83B4-7299-4F41-A77E-E4DB36EODF52 CEQA, the project is categorically exempt under California Environmental Quality Act ("CEQA") Guidelines, sections 15301 (Existing Facilities) and 15303 (New Construction) as the project consists of applying for a grant to place recycling containers at already existing parks. This project is also exempt pursuant to CEQA Guideline Section 15304 (Minor Alterations to Land)because the project involves the minor alteration of the condition of land and/or vegetation. There is negligible or no expansion of use beyond what currently exists and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable pursuant to CEQA Guidelines section 15300.2. 3. Authorizes the City Manager, or her designee to sign and submit an application to CalRecycle for any and all grant and payment programs offered and is empowered to execute in the name of the City of Petaluma, all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project. 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 Approved as to form: adopted by the Council of the City of Petaluma at a Regular meeting on the 24th day of January 2022, by the following vote: D°cosigned by: Clt tf Y3048D... AYES: Mayor Barrett,Barnacle,Fischer,Healy,King,McDonnell,Vice Mayor Pocekay NOES: None ABSENT: None ABSTAIN: None DocuSigned by: E cuSigned by: ATTEST: FL/""a�b-s a ozseaba F� s��� City Clerk Mayor 2