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Resolution No. 2016-019RESOLUTION NO. 2016-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON IN SUPPORT OF ASSEMBLY BILL 118, A COMPANION TRAILER BILL TO SENATE BILL 93, WHICH REQUIRES OUTREACH TO COMMUNITIES IN THE REGION IMPACTED BY LEAD CONTAMINATION FROM EXIDE TECHNOLOGIES WHEREAS, the City of Vernon (the `City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, the seventy (70) year operations of the now closed Exide Technologies lead acid battery recycling facility have been determined to have caused lead dust to deposit in the soil at homes in the City and as many as 10,000 residences in Southeast Los Angeles County as a result of air emissions from the Exide plant; and WHEREAS, exposure to lead particles can be particularly harmful to pregnant women, children under seven (7) years old, and senior citizens; and WHEREAS, on April 5, 2016, the City Council of the City of Vernon, adopted Resolution No. 2016-15 supporting Senate Bill 93 ("SB 93") for the authorization of funds to expedite contamination cleanup efforts related to Exide technologies plant in the City of Vernon; and WHEREAS, Assembly Bill 118 ("AB 118"), as a companion trailer bill to SB 93, seeks to authorize a $176.6 million appropriation to the state's Toxic Substances Control Account to support the California Department of Toxic Substances Control ("DTSC") in efforts to expedite the cleanup of hazardous levels of lead contaminated soil at impacted residences in the City and surrounding communities in Southeast Los Angeles County; and WHEREAS, AB 118 would, among other directives, require DTSC to engage impacted communities through quarterly meetings, provide meaningful opportunities for public participation in the cleanup plan preparation process, and authorize DTSC to develop a Job and Development Training Program to provide environmental, health and safety training and skills to community members to support the job placement of community members in soil cleanup process at lead contaminated residences, parks and schools near the closed Exide plant; and WHEREAS, AB 118 is authored by Vernon's state Assembly Member Miguel Santiago and co-authored by Assembly Speaker Anthony Rendon, Assembly Members Cristina Garcia and Jimmy Gomez, Senate President Pro Tem Kevin de Le6n and Senator Ricardo Lara; and WHEREAS, by memorandum dated April 19, 2016, the City Administrator has recommended that the City support AB 118, a companion trailer bill to SB 93, which requires outreach to communities in the region impacted by lead contamination from Exide Technologies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a - 2 - "project" as defined by CEQA Guidelines section 15378. SECTION 3: The City Council of the City of Vernon hereby states its support of Assembly Bill 118 and hereby directs the City Clerk, or the Deputy City Clerk to send a copy of this Resolution to Assembly Member Miguel Santiago, Assembly Speaker Anthony Rendon, Assembly Members Cristina Garcia and Jimmy Gomez, Senate President Pro Tem Kevin de Le6n and Senator Ricardo Lara. SECTION 4: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 19th day of April, 2016. Name: William J. Davis ATTEST: Maria i. Ayala City Clerk / Title: Mayor / APPROVED AS TO FORM: /11Y� ZaynaY mkusa, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Maria E . Ayala or„} City r, ors I, , City Clerk / ���, ___, Clerkea-of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-19, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, April 19, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2-`'4_­day of y_ 2016, at Vernon, California. (SEAL) - 4 - _14, 4. (=-2, Maria . Ayala City Clerk / TRANSMITTAL COMMUNICATION ,all of �Er-- eel, ew- OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 21, 2016 Honorable Kevin De Leon District Office 1808 W. Sunset Blvd. Los Angeles, CA 90026 Re: Resolution No. 2016-19 -City of Vernon in support of Assembly Bill 118, a Companion Trailer Bill to Senate Bill No. 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Dear Senate President Pro Tem: Transmitted herewith is a copy of Resolution No. 2016-19 that was approved by City Council on April 19, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, Deborah R. Juarez Records Management Assistant Enclosure c: Carlos Fandino Resolution No. 2016-19 EXclusivel Industrial ..11 of �Er•- OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 21, 2016 Honorable Ricardo Lara District Office 6550 Miles Avenue., 2°d Floor Huntington Park, CA 90255 Re: Resolution No. 2016-19 -City of Vernon in support of Assembly Bill 118, a Companion Trailer Bill to Senate Bill No. 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Dear Senator: Transmitted herewith is a copy of Resolution No. 2016-19 that was approved by City Council on April 19, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, X Deborah R. Juarez Records Management Assistant Enclosure c: Carlos Fandino Resolution No. 2016-19 Excfusivef Industriaf ,all of ve, OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 21, 2016 Honorable Anthony Rendon District Office 12132 South Garfield Avenue South Gate, CA 90280 Re: Resolution No. 2016-19 -City of Vernon in support of Assembly Bill 118, a Companion Trailer Bill to Senate Bill No. 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Dear Mr. Rendon: Transmitted herewith is a copy of Resolution No. 2016-19 that was approved by City Council on April 19, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, Deborah R. Juarez ` Records Management Assistant Enclosure c: Carlos Fandino Resolution No. 2016-19 Exclusively Industrial of 'U I - et OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 21, 2016 Honorable Miguel Santiago District Office 320 W. 41h Street, Room 1050 Los Angeles, CA 90013 Re: Resolution No. 2016-19 -City of Vernon in support of Assembly Bill 118, a Companion Trailer Bill to Senate Bill No. 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Dear Mr. Santiago: Transmitted herewith is a copy of Resolution No. 2016-19 that was approved by City Council on April 21, 20M. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly, yours, r� fI?ofiorah R. Juarez Records Management Assistant Enclosure c: Carlos Fandino Resolution No. 2016-19 EXclusively Industrial ,all Of 10Er-- ," OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 21, 2016 Honorable Jimmy Gomez District Office 1910 West Sunset Blvd, Suite 810 Los Angeles, CA 90026 Re: Resolution No. 2016-19 - City of Vernon in support of Assembly Bill 118, a Companion Trailer Bill to Senate Bill No. 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Dear Mr. Gomez: Transmitted herewith is a copy of Resolution No. 2016-19 that was approved by City Council on April 19, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, n'36eborah R. Juarez Records Management Assistant Enclosure c: Carlos Fandino Resolution No. 2016-19 EXcfusivef Industrial low�" OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 21, 2016 Honorable Cristina Garcia District Office 8255 Firestone Blvd., Suite 203 Downey, CA 90241 Re: Resolution No. 2016-19 -City of Vernon in support of Assembly Bill 118, a Companion Trailer Bill to Senate Bill No. 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Dear Ms. Garcia: Transmitted herewith is a copy of Resolution No. 2016-19 that was approved by City Council on April 19, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, f d / /Deborah R. Juarez Records Management Assistant Enclosure c: Carlos Fandino Resolution No. 2016-19 EXclusivel Industrial STAFF REPORT RECEIVED APR 12 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: April 19, 2016 TO: Honorable Mayor and City Council Ad W-12-tto FROM: Carlos R. Fandino, Jr., City Administrator Originator: Diana Figueroa, Administrative Secretary RE: Approval of a Resolution Declaring Support for the Passage of Assembly Bill 118, a Companion Trailer Bill to Senate Bill 93, which Requires Outreach to Communities in the Region Impacted by Lead Contamination from Exide Technologies Recommendations A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt the attached resolution supporting the passage of Assembly Bill ("AB") 118, a companion trailer bill to Senate Bill ("SB") 93, which would require the California Department of Toxic Substances Control ("DTSC") to engage communities impacted by Exide Technologies' lead contamination and provide opportunities for participation in the cleanup plan preparation via meetings, a training program, and job placement related to the soil cleanup process. A resolution supporting SB 93 was approved at the April 5, 2016 City Council meeting. Background Operations at the now -closed Exide Technologies lead acid battery recycling plant have been deemed to have caused lead dust contamination in the City of Vernon and its surrounding communities in Southeast Los Angeles County. As many as 10,000 homes in Southeast Los Angeles County may be affected by lead dust contamination and other potentially harmful chemical compounds that are believed to have been deposited on the soil at affected residences as a result of air emissions from the Exide plant. Exposure to such contaminants may pose a hazard for the population in these areas. Page 1 of 2 SB 93 seeks to authorize a $176 million appropriation to the state's Toxic Substances Control Account to support DTSC in efforts to expedite the cleanup of hazardous levels of lead dust detected in this region. The State of California would require that all costs associated with the state's lead dust cleanup effort be recovered from the party responsible for the lead dust contamination. As a companion trailer bill to SB 93, AB 118 would require DTSC to engage impacted communities through quarterly meetings, provide meaningful opportunities for public participation in the cleanup plan preparation process, and authorize DTSC to develop a Job and Development Training Program to provide environmental, health and safety training and skills to community members to support the job placement of community members in soil cleanup process at lead contaminated residences, parks and schools near the closed Exide plant. Assembly Bill 118 is authored by Vernon's state Assembly Member Miguel Santiago and co- authored by Assembly Speaker Anthony Rendon, Assembly Members Cristina Garcia and Jimmy Gomez, Senate President Pro Tern Kevin de Leon and Senator Ricardo Lara. It is recommended that the Vernon City Council support the passage of AB 118 by members of the California State Assembly and California State Senate, and urge California Governor Edmund G. Brown, Jr. to sign this important appropriation trailer bill into law. Fiscal Impact There is no known fiscal impact. Attachment(s) None. Page 2 of 2