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HomeMy Public PortalAbout2022.019 (02-01-22) RESOLUTION NO. 2022.019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONSENTING TO ADOPT AND RATIFY THIS RESOLUTION ON THE SUBMITTAL OF THE NOTIFICATION OF INTENT TO COMPLY PURSUANT TO SB 619 WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and WHEREAS, City of Lynwood is a local jurisdiction required to comply with the Regulations; and WHEREAS, City of Lynwood is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and WHEREAS, City of Lynwood is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and WHEREAS, , CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby authorizes and directs the. Director of Public Works or the Public Works Special Projects Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit "A" to CalRecycle for approval to the Statute. 1 By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Lynwood represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations. The City of Lynwood by and through its Director of Public Works or the Public Works Special Projects Manager, also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply. Section 2. This resolution shall take effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1St day of February 2022. Jo ,- C`.1:-an. .TMa,•r ATTEST: L . AFA. / ' Maria Quinonez, ' Ernie Hern.iide', City Clerk WI City Mana•' APPROVED AS TO FORM: APPROVED AS TO CONTENT: 0,74 -11M10\61,p(-11,A9'1)V N el apia, U omas Thor ton, it ttorney Public L •rks Director 2 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 1st day of February, 2022 and passed by the following vote: AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSTAIN: NONE ABSENT: NONE Maria uinonez, i City Clerk 4110 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2022.019 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 1st day of February, 2022. . Mari. Quinonez, City Clerk 41P 3