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Resolution No. 2018-009RESOLUTION NO. 2018-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE SUBMITTAL OF APPLICATIONS) FOR THE CALRECYCLE USED OIL PAYMENT PROGRAM AND THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM AND RELATED AUTHORIZATIONS FOR WHICH THE CITY OF VERNON IS ELIGIBLE AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, pursuant to Public Resources Code § 48000 et seq., 14581, and 42023.1(g) the Department of Resources Recycling and Recovery ("CalRecycle") has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle's payment program application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program; and WHEREAS, on May 16, 2017, the City Council of the City of Vernon adopted Resolution No. 2017-21 authorizing the Director of Health & Environmental Control to receive and spend payment program funds from CalRecycle; and WHEREAS, the Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program has been transferred to the Public Works Department; and WHEREAS, by memorandum dated April 3, 2018, the Director of Public Works has requested the authority to receive and spend payment program funds from CalRecycle; and WHEREAS, the City Council of the City of Vernon desires to approve and authorize the submittal of application(s) to CalRecycle for the Used Oil Payment Program and Beverage Container Recycling City/County Payment Program, and related authorizations for which the City of Vernon is eligible. 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 from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves and authorizes the submittal of application(s) for any and all payment programs offered. SECTION 4: The City Council of the City of Vernon hereby authorizes the Director of Public Works, or his or her designee, 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, 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: This authorization is effective until repealed - 2 - by the City Council of the City of Vernon. SECTION 6: All resolutions or parts of resolutions, specifically Resolution No. 2017-21, not consistent with or in conflict with this resolution are hereby repealed. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3rd day of April, 2018. APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney Nam Melissa A.4 barra Title: Mayor /-Mayor PiFe - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-09, 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 3, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April, 2018, at Vernon, California. Maria E . Ayala, City Clerk (SEAL) - 4 - STAFF REPORT ,w RECEWED REC—FA ED UPMAR 2 7 21i8 MAR282018 CITY CLERK'S OFFICE STAFF REPORT CITY AOMINI ISTRATION PUBLIC WORKS DEPARTMENT af'S- � DATE: April 3, 2018 TO: Honorable Mayor and City Council FROM: Daniel Wall, Director of Public Wor <: Originator: Claudia Arellano, Stormwater & Special Projects Analyst RE: A RESOLUTION APPROVING AND AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR CALRECYCLE PAYMENT PROGRAMS FOR WHICH THE CITY OF VERNON IS ELIGIBLE Recommendation A. Find that approval of the request for authority to receive and spend payment program funds in this staff report is exempt from the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt a resolution requesting approval and authority to receive and spend payment program funds from the Department of Resources Recycling and Recovery ("CalRecycle"). Background For the past several years, the Department of Health and Environmental Control has successfully applied for and received payment program funds for three different programs administered by CalRecycle: 1) Used Oil Payment Program 2) Beverage Container Recycling City/County Payment Program 3) Local Enforcement Agency Program Recently, the Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program were transferred to the Public Works Department. As such, the Public Works Department will be administering the Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program. By way of background, the Used Oil Payment Program is awarded to agencies to assist in implementing CalRecycle's used oil programs. Historically, the City has received approximately $5,000 on a yearly basis for this payment program. The funds have been used to improve the public's awareness of used oil recycling opportunities and the damage to the environment caused from the improper discharge of used oil. Funded activities have included: • The purchase of educational materials (pamphlets, etc.) • The distribution of free used oil -recycling containers to Vernon business employees and the public. • Stormwater mitigation activities. • The services of a consultant to conduct educational outreach efforts. Fiscal Year 2018/2019 Used Oil Payment Program fund levels for the City of Vernon are expected to be the same as previous years, approximately $5,000. The Beverage Container Recycling City/Council Payment Program assists in funding beverage container recycling and litter reduction activities. Funds will be utilized to promote and distribute recycling and litter reduction information throughout the City of Vernon as well as to purchase products to promote recycling. Fiscal Year 2018/2019 Beverage Container Recycling City/County Payment Program fund levels for the City of Vernon are also expected to be the same as previous years, approximately $5,000. With the transition of said programs to the Public Works Department, Public Works staff is requesting authorization for the Director of Public Works to sign the applications and documents to receive and spend payment program funds from CalRecycle moving forward. The proposed resolution has been approved as to form by the City Attorney's office. Fiscal Impact If approved, the City expects to receive approximately $10,000 in funds in total for the two payment programs. There is a minor marginal fiscal impact that is expected for administrative oversight of the fund activities. However, considering the overall benefits the City will receive by use of the funds, it is worthwhile for the Public Works Department to pursue these funding programs. Attachments 1) Proposed resolution Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR THE CALRECYCLE USED OIL PAYMENT PROGRAM AND THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM AND RELATED AUTHORIZATIONS FOR WHICH THE CITY OF VERNON IS ELIGIBLE AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, pursuant to Public Resources Code § 48000 et seq., 14581, and 42023.1(g) the Department of Resources Recycling and Recovery ("CalRecycle") has established various payment programs to make payments to qualifying jurisdictions; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and WHEREAS, CalRecycle's payment program application procedures require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program; and WHEREAS, on May 16, 2017, the City Council of the City of Vernon adopted Resolution No. 2017-21 authorizing the Director of Health & Environmental Control to receive and spend payment program funds from CalRecycle; and WHEREAS, the Used Oil Payment Program and the Beverage Container Recycling City/County Payment Program has been transferred to the Public Works Department; and WHEREAS, by memorandum dated April 3, 2018, the Director of Public Works has requested the authority to receive and spend payment program funds from CalRecycle; and WHEREAS, the City Council of the City of Vernon desires to approve and authorize the submittal of application(s) to CalRecycle for the Used Oil Payment Program and Beverage Container Recycling City/County Payment Program, and related authorizations for which the City of Vernon is eligible. 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 from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323 (normal operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves and authorizes the submittal of application(s) for any and all payment programs offered. SECTION 4: The City Council of the City of Vernon hereby authorizes the Director of Public Works, or his or her designee, 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, 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: This authorization is effective until repealed - 2 - by the City Council of the City of Vernon. SECTION 6: All resolutions or parts of resolutions, specifically Resolution No. 2017-21, not consistent with or in conflict with this resolution are hereby repealed. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3rd day of April, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney Name: Title: Mayor / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, 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, April 3, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April, 2018, at Vernon, California. (SEAL) - 4 - Maria E. Ayala, City Clerk