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Resolution No. 2016-042RESOLUTION NO. 2016-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RATIFYING THE EXECUTION OF AN APPLICATION FOR THE 2016/2017 USED OIL PAYMENT PROGRAM WHEREAS, pursuant to Public Resources Code § 48690, the Department of Resources Recycling and Recovery ("CalRecycle"), formerly known as the California Integrated Waste Management Board, has established the Used Oil Payment Program to make payments to qualifying jurisdictions for implementation of their used oil programs; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, an Applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program; and WHEREAS, the City of Vernon received funds from the Used Oil Payment Program of approximately Five Thousand Dollars ($5,000) per year from 1997 through 2015; and WHEREAS, the City of Vernon has used the funds to improve public awareness of opportunities to recycle used oil and the environmental damage caused by the improper disposal of used oil; and WHEREAS, CalRecycle is now accepting applications for the Used Oil Payment Program for the fiscal year 2016/2017 ("OPP Cycle 7"); and WHEREAS, Vernon is expected to receive Five Thousand Dollars ($5,000) for OPP Cycle 7; and WHEREAS, in order to meet the grant deadline of June 30, 2016, the Interim Director of Health & Environmental Control executed and submitted the 2016/2017 Used Oil Payment Program Application; and WHEREAS, by memorandum dated July 19, 2016, the Interim Director of Health & Environmental Control has requested and recommended that the execution and submittal of the 2016/2017 Used Oil Payment Program Application be ratified by the City Council. 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), because it is an administrative activity that does not constitute a "project" under CEQA Guidelines section 15378, and even if it were a "project," it would be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3: The City Council of the City of Vernon hereby ratifies the execution and submittal of the application for CalRecycle's 2016/2017 Used Oil Payment Program for all available funding under the California Oil Recycling Enhancement Act ("Application"), a copy of which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Interim Director of Health & Environmental Control to execute any and all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary for the purposes of securing funds for, and on behalf of, - 2 - the City of Vernon and to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the actions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the Interim Director of Health & Environmental Control, or his designee, to submit electronically the executed Application together with a copy of this Resolution to CalRecycle. SECTION 6: This authorization is effective for one (1) year from the date of its adoption. SECTION 7: 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 July, 2016. Name: Yvette Woodruff -Perez Title: Mayor Pro-Tem TTEST: M ria E. ala City Clerk / i y APPROVED AS TO FORM: ZaynalY Moussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala City Clerk / repot-•-��� of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-42, 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, July 19, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this Z 15+day of July, 2016, at Vernon, California. (SEAL) - 4 - aria E. yala City Clerk EXHIBIT A (WO Used Oil Payment Program Application Certification city of Vetnan Fiscal Year: 2016-17 Cycle: OPP7 Program Requirements Summary 1) Public Resources Code 48691(a){1)(2) Ensures there is one Certified Used Oil Collection Center for every 100,000 residents. 2) Public Resources Code 48691(b) Our program has a public education component that informs the public of locally available used oil recycling opportunities. 3) Are you currently participating in mediation mandated by A13506, have attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? No Acceptance of Used Oil Payment Program Provisions Applicant acknowledges that submittal of this application constitutes acceptance of all provisions as contained in the Used Oil Payment Program Guidelines. The Guidelines document is available at: http:/Iwww calrecycle.ca gov/UsedOiVLGPavmentst Payment won Payment Option: October Payment Requested: Special Payment -Applicant certifies that no other CalRecycle funds are available for programatic activities as of June 30 of this year. Payment Address: Health Dept: Attn. Lewis Pozzebon . 4305 S. Santa Fe Ave., Vernon , CA 90058 Contact Type Name TWO Consultant Kevin Sales Principal Primary Lewis Pozzebon Director Signatory Authority Secondary David LeDuff Chief Deputy Director Docmrrient Type Die' Two Resolution Pending Upload Application Certification Pending Upload Letter of Designation (LOD) Pending Upload ' Document Due Date: 07/28/2016 P= Mpent JFurhmdk*on Document Type Date Penalty of Penury Statement: "I certify under penalty of under the laws of the State of California that I am authorized to sign this application on behalf of Appli I hav read the Used Oil Payment Guidelines and that to the best of my knowledge and belief that in o vid is Application is true and correct.' X 4 2 gnature of Signature rity. (as authorized in Resolution) or Date Authorized Designee ( zed in Letter of Designation) ZC ATV r_ Print Name Print Title IMPORTANTI Applicant must print out this page, obtain Signature of Signature Authority, upload signed document to the LoGOPP system, and retain the original document in Applicant's cycle file. City of Vernon Printed: 6/9/2016 TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 21, 2016 TO: Lewis Pozzebon, Interim Director of Health & Environmental Control FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2016-42 — A Resolution of the City Council of the City of Vernon Ratifying the Execution of an Application for the 2016/2017 Used Oil Payment Program Transmitted herewith for your submittal with the application to CalRecycle is a signed copy of Resolution No. 2016-42, referenced above, which was approved by City Council on July 19, 2016. Thank you. Attachments c: William Fox Resolution No. 2016-42 STAFF REPORT RECEIVED RECEIVED JUL 13 2016 JUL 1 1 2016 CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT CQ 7-�Z��y HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: July 19, 2016 TO: Honorable Mayor and City Council FROM: Lewis Pozzebon, Interim Director of Health & Environmental Control Dept. RE: RATIFYING THE EXECUTION OF AN APPLICATION TO RECEIVE AND SPEND FUNDING FOR THE USED OIL PAYMENT PROGRAM (OPP CYCLE 7) FY 2016-2017 WITH STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) Recommendation A. Find that the adoption of the resolution is exempt under the California Environmental Quality Act (CEQA), because it is an administrative activity that does not constitute a "project" under CEQA Guidelines section 15378, and even if it were a "project," it would be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt a resolution ratifying the execution of an application to receive and spend grant funds under the Used Oil Payment Program (OPP Cycle 7) FY 2016-2017 with State of California Department of Resources Recycling and Recovery (CalRecycle). Background The California Department of Resources Recycling and Recovery announced, pursuant to Section 40000 of the Public Resources Code, that it was offering funding for the Used Oil Payment Program (OPP Cycle 7) for Fiscal Years 2016-2017. Guidelines allow funds to be spent through the end of Fiscal Year 2017. Staff submitted an application to the California Department of Resources Recycling and Recovery (CalRecycle) for funds to conduct activities that would expand the City's Used Oil/Filter Collection Program. If awarded, funds would be used to educate and provide outreach to local independent owner/operator truckers that work in the community. The goal would be to identify and provide the "do-it-yourself' owner/operator truckers operating in the City with used motor oil and filter Page 1 of 2 recycling information, and to provide them with short term (temporary collection events) and long term (existing local collection sites) resources for the safe disposal of the used motor oil and filters removed from their commercial semi -tractors. Because abandoned used oil and filters are an ongoing problem in Vernon and neighboring communities, staff further proposes to use the funds to develop and distribute public information items and purchase products promoting used oil/filter recycling. The public information efforts would be similar to those successfully used in the Used Oil Recycling Program over the past several years with the students at the Vernon Elementary School. Attached is the completed application, which was submitted electronically by the deadline of June 30, 2016. CalRecycle requires the City Council to authorize the grant application by July 28, 2016. Upon CalRecycle approving the application and authorizing funding, staff would use KJ Services for implementing the grant activities. KJ Services has been our consultant on this grant for the past 13 years and continues to provide an excellent service. Fiscal Impact No negative fiscal impact is expected by approving this request. The funds will benefit the City by reducing the amount of City funds needed to conduct recycling and litter/cleanup education programs. Attachment(s) 1. Resolution Ratifying the Execution of an Application for the 2016/2017 Used Oil Payment Program Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RATIFYING THE EXECUTION OF AN APPLICATION FOR THE 2016/2017 USED OIL PAYMENT PROGRAM WHEREAS, pursuant to Public Resources Code § 48690, the Department of Resources Recycling and Recovery ("CalRecycle"), formerly known as the California Integrated Waste Management Board, has established the Used Oil Payment Program to make payments to qualifying jurisdictions for implementation of their used oil programs; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, an Applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program; and WHEREAS, the City of Vernon received funds from the Used Oil Payment Program of approximately Five Thousand Dollars ($5,000) per year from 1997 through 2015; and WHEREAS, the City of Vernon has used the funds to improve public awareness of opportunities to recycle used oil and the environmental damage caused by the improper disposal of used oil; and WHEREAS, CalRecycle is now accepting applications for the Used Oil Payment Program for the fiscal year 2016/2017 ("OPP Cycle 7"); and WHEREAS, Vernon is expected to receive Five Thousand Dollars ($5,000) for OPP Cycle 7; and WHEREAS, in order to meet the grant deadline of June 30, 2016, the Interim Director of Health & Environmental Control executed and submitted the 2016/2017 Used Oil Payment Program Application; and WHEREAS, by memorandum dated July 19, 2016, the Interim Director of Health & Environmental Control has requested and recommended that the execution and submittal of the 2016/2017 Used Oil Payment Program Application be ratified by the City Council. 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), because it is an administrative activity that does not constitute a "project" under CEQA Guidelines section 15378, and even if it were a "project," it would be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3: The City Council of the City of Vernon hereby ratifies the execution and submittal of the application for CalRecycle's 2016/2017 Used Oil Payment Program for all available funding under the California Oil Recycling Enhancement Act ("Application"), a copy of which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Interim Director of Health & Environmental Control to execute any and all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary for the purposes of securing funds for, and on behalf of, - 2 - the City of Vernon and to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the actions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the Interim Director of Health & Environmental Control, or his designee, to submit electronically the executed Application together with a copy of this Resolution to CalRecycle. SECTION 6: This authorization is effective for one (1) year from the date of its adoption. SECTION 7: 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 19thday of July, 2016. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zayn4h )4cjussa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, ss City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , 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, July 19, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2016, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A calo Used Oil Payment Program Application Certification Coy of Vernon Fiscal Year: 2016-17 Cycle: OPP7 Program Requinitments Summary 1) Public Resources Code 48691(a)(1)(2) Ensures there is one Certified Used Oil Collection Center for every 100,000 residents. 2) Public Resources Code 48691(b) Our program has a public education component that informs the public of locally available used oil recycling opportunities. 3) Are you currently participating in mediation mandated by AB506, have attempted to initiate such mediation or have you declared a fiscal emergency within the last 12 months? No Acceptance of Used Oil Payment Program Provisions Applicant acknowledges that submittal of this application constitutes acceptance of all provisions as contained in the Used Oil Payment Program Guidelines. The Guidelines document is available at: htta:Nwww calreo c e ca,goy/UsedOiVLGPaymentsi Payncent won Payment Option: October Payment Requested: Special Payment -Applicant certifies that no other CalRecycle funds are available for programatic activities as of June 30 of this year. Payment Address: Health Dept: Attu. Lewis Pozzebon , 4305 S. Santa Fe Ave., Vernon , CA 90058 Contact Type Name Me Consultant Kevin Sales Principal Primary Lewis Pozzebon Director Signatory Authority Secondary David LeDuff Chief Deputy Director Document Type Date• Title Resolution Pending Upload Application Certification Pending Upload Letter of Designation (LOD) Pending Upload Document Due Date: 07/28/2016 PutlellpodJurledikMon Document Type Date Penalty of Perjury Statement: '1 certify under penalty o under the laws of the State of California that I am authorized to sign this application on behalf of Appli I hav read the Used Oil Payment Guidelines and that to the best of my knowledge and belief that info vidd is Application is true and correct.' X / (s gnature of Signature rify (as authorized in Resolution) or Date Authorized Designee ( razed in Letter of Designation) Z,= wig Q L 2 G B� ..,/h 2 1 Print Name Print Title IMPORTANTI Applicant must print out this page, obtain Signature of Signature Authority, upload signed document to the LoGOPP system, and retain the original document in Applicant's cycle file. City of Vernon Printed: 6/9/2016