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RES-10883 Recycling Market Development ZoneRESOLUTION NO. 10883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE TO DESIGNATE THE CITY OF ORANGE AS PART OF THE RECYCLING MARKET DEVELOPMENT ZONE. WHEREAS, California Public Resources Code Section 42010 provides for the establishment of the Recycling Market Development Zone (RMDZ) program throughout the State which provides incentives to stimulate development of post- consumer and secondary materials markets for recyclables; and WHEREAS, all California jurisdictions must meet a 50% reduction in landfill waste disposal as mandated by the California Integrated Waste Management Act; and WHEREAS, the development of local markets for recycled materials would reduce the need to transport them out of the region in the future; and WHEREAS, the current and proposed waste management practices and conditions are favorable to the development of post- consumer and secondary waste materials markets; and WHEREAS, the Cities of Garden Grove, Huntington Beach, Orange, Santa Ana, Stanton, and Unincorporated Orange County are committed to the designation of the Orange County RMDZ (OC RMDZ); and WHEREAS, the designation as an RMDZ is necessary to facilitate local and regional planning, coordination, support existing and new recycling -based manufacturing businesses, as well as the attraction of private sector recycling investments; and WHEREAS, RMDZ designation would make existing and new recycling -based manufacturing businesses located within the proposed zone eligible for the technical and financial incentives associated with the RMDZ program; and WHEREAS, local governing bodies may receive RMDZ program related payments as authorized by Public Resources Code; and WHEREAS, the California Legislature has defined environmental justice as "the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies" Government Code section 65040.12(e)], and has directed the California Environmental Protection Agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations, and low income populations of the State (Public Resources Code section 71110(a)); and WHEREAS, CalRecycle in its Strategic Plan, has adopted a goal to continuously integrate environmental justice concerns into all of the Department's programs and activities; and WHEREAS, the Cities of Garden Grove, Huntington Beach, Orange, Santa Ana, Stanton, and Unincorporated Orange County have agreed to submit a joint application to CalRecycle requesting designation as a RMDZ; and WHEREAS, the City of Huntington Beach has agreed to act as Lead Agency for the proposed designation of the RMDZ; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the City of Huntington Beach has prepared or caused to be prepared a Categorical Exemption which evaluates the potential adverse environmental effects that might occur as a result of the designation of Orange County Recycling Market Development Zone as a RMDZ; and WHEREAS, the CEQA Categorical Exemption reflects the City's independent judgment and analysis; and WHEREAS, the City of Orange will consider the information in the Categorical Exemption and any comments on the received during the public review period; and WHEREAS, the City of Orange, on the basis of the entire record before it, finds that there is no substantial evidence that the requested designation as a RMDZ will have a significant effect on the environment; and WHEREAS, the City of Huntington Beach will file a Notice of Exemption with the County of Orange Recorder and the California Office of Planning and Research and the Notice of Exemption from CEQA is available from the Lead Agency's custodian of records: (City Clerk's Office). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The above recitals are true and correct and hereby incorporated herein by reference. 2. The City of Orange hereby adopts the CEQA Finding for the designation of the OC RMDZ. 3. The City of Orange, as Responsible Agency, approves the designation of the Orange County Recycling Market Development Zone (OC RMDZ) as a RMDZ and directs the City of Huntington Beach to submit an application to CalRecycle requesting designation of the Orange County Recycling Market Development Zone as an RMDZ, which includes the Cities of Garden Grove, Huntington Beach, Orange, Santa Ana, Stanton, and Unincorporated Orange County. 2 4. Approves receipt of any Recycling Market Development Zone related payments authorized by the Public Resources Code. The City of Orange's Revenue Officer is hereby authorized to execute in the name of the City of Orange all documents necessary to secure payment and implement the associated activities. 5. The City of Huntington Beach as the Lead Agency will administer the OC RMDZ in a manner that seeks to ensure the fair treatment of people of all races, cultures and incomes, including but not limited to soliciting public participation in all communities within the OC RMDZ, including minority and low income populations. 6. The City's Senior Planner shall file a Categorical Exemption respecting this project with the State Clearinghouse pursuant to CEQA Guidelines Section 15096(i). ADOPTED this Stn day of September, 2015 Teresa E. Smith, Mayor, City of Orange ATTEST: I " cvi Mary E. Murphy, City Clerk, City o Orange I MARY E. MURPHY, City Clerk of the City of Orange, California do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 8 of September 2015, by the following vote: AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None W&M-,a - , Mary E. Murphy, City Clerk, City of OVange 3