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HomeMy WebLinkAbout04 - Submittal of Application and Related Authorizations Associated with the Beverage Container Recycling ProgramP0 m CITY OF z NEWPORT BEACH cl't City Council Staff Report </ FO RN May 10, 2016 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Municipal Operations Director - 949-644-3055, mpisani@newportbeachca.gov PREPARED BY: Cynthia Owens, Administrative Manager — cowens@newportbeachca.gov PHONE: 949-644-3057 TITLE: Resolution Authorizing Submittal of Application and Related Authorizations Associated with the Beverage Container Recycling Program ABSTRACT: The California Department of Resources Recycling and Recovery (CalRecycle) annually administers the Beverage Container Recycling City/County Payment Program. This program provides funding to local governments to establish beverage container recycling and litter abatement programs. The City utilizes this funding to offset the cost of removing litter and beverage containers from the City's beaches each summer. RECOMMENDATION: a) Adopt Resolution No. 2016-55, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Application for Payment Programs and Related Authorizations; and b) Authorize the City Manager, or his designee, to execute all necessary documents. FUNDING REQUIREMENTS: All funds received annually as part of the Beverage Container Recycling Program are deposited in revenue account 0109021-431260, Department of Conservation Grants. For Fiscal Year 2015-16, the City received $23,059 in funding. The City's program award for Fiscal Year 2016-17 will be $22,287. 4-1 Resolution Authorizing Submittal of Application and Related Authorizations Associated with the Beverage Container Recycling Program May 10, 2016 Page 2 DISCUSSION: Pursuant to the California Beverage Container Recycling and Litter Reduction Act, CalRecycle is distributing $10,500,000 to eligible cities and counties specifically for beverage container recycling and litter abatement activities. The purpose of the program is to promote increased recycling of beverage containers throughout California and to reduce beverage container litter in the waste stream. CalRecycle offers the Beverage Container Recycling City/County Payment Program annually to local jurisdictions. The City utilizes these funds each summer to offset the costs of hiring temporary staff that remove litter from the City's beaches. The City receives between $22,000 and $24,000 from this grant program each year. The attached resolution is required by CalRecycle as part of this year's Beverage Container Recycling Program application process. The resolution identifies the City Manager or his designee as the person authorized to execute all documents necessary to implement and secure payment of program funding. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: 4-2 ATTACHMENT A RESOLUTION NO. 2016— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AUTHORIZING SUBMITTAL OF APPLICATION FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS WHEREAS pursuant to Public Resources Code sections 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 procedures for administering payment programs require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the payment program. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council is hereby authorized to submit an application to CalRecycle for any and all payment programs offered; and Section 3: That the City Manager, or his designee, is hereby authorized to execute all documents necessary to implement and secure payment; and Section 4: That this authorization is effective until rescinded by the City Council. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 4-3 Resolution No. 2016 - Page 2 of 2 Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this day of , 2016. ATTEST: Leilani I. Brown City Clerk 2 Diane B. Dixon Mayor HE