RES-11193 Expansion of OC Recycling Market Development ZoneRESOLUTION N0. 11193
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE SUPPORTING THE
EXPANSION OF THE ORANGE COUNTY
RECYCLING MARKET DEVELOPMENT ZONE.
WHEREAS, California Public Resources Code Section 42010, et seq. 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 lntegrated Waste Management Act; and
WHEREAS, the Orange County Recycling Market Development Zone (OC RMDZ)
currently includes designated areas in the Cities of Garden Grove,Huntington Beach, Orange, Santa
Ana, and Unincorporated Orange County; and
WHEREAS, the OC RMDZ is dedicated to establishing, sustaining and expanding
recycling-based manufacturing businesses, which is essential for market development and to assist
these jurisdictions in meeting the established landfill waste reduction goals; and
WHEREAS,the Cities of Fullerton and Lake Forest desire existing and new recycling based
manufacturing businesses located within their jurisdictions to be eligible for the technical and
financial incentives associated with the RMDZ program; and
WHEREAS, the addition of these jurisdictions to the OC RMDZ, as well as future
jurisdictions who wish to join, is necessary to facilitate local and regional planning, coordination,
and support existing recycling-based manufacturing businesses, as well as attract private sector
recycling investments to the RMDZ; and
WHEREAS, the continued 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, 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 has adopted a goal to continuously integrate environmental justice
concerns into a11 of its programs and activities; and
WHEREAS,the Cities of Fullerton, Garden Grove,Huntington Beach,Lake Forest, Orange,
Santa Ana, Stanton and Unincorporated Orange County have agreed to submit an application to
CalRecycle requesting the expansion of the boundaries of OC RMDZ due to the addition of
jurisdiction(s); and
WHEREAS,the City of Huntington Beach has agreed to act as Lead Agency for the proposed
expansion; and
WHEREAS, the City Council has accepted the Lead Agency determination that the OC
RMDZ Designation is exempt from CEQA pursuant to State CEQA Guidelines Section 15378 (b)(5)
as it is comprised of organization or administrative activities of government that will not result in
direct or indirect physical change in the environment; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the
Lead Agency has prepared or caused to be prepared a Negative Declaration pursuant to the California
Environmental Quality Act and on the basis of the whole record before it and finds that the zone
expansion project will not have a significant effect on the environment and further finds that the
Negative Declaration reflects its independent judgment and analysis; and
WHEREAS,the City of Orange has reviewed and considered the information in the Negative
Declaration adopted by the Lead Agency that finds that the zone expansion project will not have a
significant impact on the environment; and
WHEREAS,in accordance with the California Environmental Quality Act(CEQA),the City
of Orange has determined that this expansion is exempt from CEQA pursuant to State CEQA
Guideline Section15378(b)(5).
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 by reference.
2.The City of Orange adopts the CEQA finding of the Lead Agency for the designation
of the OC RMDZ and will file a Categorical Exemption for this project with the State Clearinghouse
pursuant to CEQA Guidelines Section 15096(i).
3. The City of Orange approves the expansion of OC RMDZ and directs the Lead
Agency to submit an application to CalRecycle requesting expansion of OC RMDZ as a RMDZ to
Resolution No. 11193 2
include the cities of Fullerton, Garden Grove, Huntington Beach, Lake Forest, Orange, Santa Ana,
Stanton and Unincorporated Orange County.
4.The City of Orange authorizes the Lead Agency to file any and all future
documentation applying to CalRecycle for expansion of OC RMDZ to include additional cities in
Orange County as it deems appropriate in its role as Lead Agency.
5. The City of Orange approves receipt of any Recycling Market Development Zone
related payments authorized by the Public Resources Code. The Orange City Finance Director is
hereby authorized to execute in the name of the City of Orange all documents necessary to secure
payment and implement the associated activities.
6. The Lead Agency will administer the RMDZ program 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 RMDZ, including minority and low-income
populations.
ADOPTED this 12th day of November 2019.
IMark A. Murphy, Mayor, City f an e
ATTEST:
Pamela Coleman, City Clerk, City of Orange
I,PAMELA COLEMAN, 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 12th day of November 2019, by the following vote:
AYES:COiJNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES:COiJNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COiTNCILMEMBERS: None
C-
J X c ,l O.n D
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11193 3