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HomeMy WebLinkAboutRES 92-41RESOLUTION NO. 92- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, -- CALIFORNIA, ADOPTING A SOURCE REDUCTION AND RECYCLING ELEMENT AND A HOUSEHOLD HAZARDOUS WASTE ELEMENT, AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. A. Recitals. (i) Assembly Bill 939 requires that prior to July 1, 1992, the City shall prepare, adopt and submit to the County of Los Angeles a Source Reduction and Recycling Element (SRRE) which identifies how the City will divert, through a combination of source reduction, recycling, and composting programs, 25% of solid wastes from landfill by 1995 and 50% by the year 2000; and (ii) Assembly Bill 2707 requires that prior to July 1, 1992, the City shall prepare, adopt, and submit to the County of Los Angeles a separate Household Hazardous Waste Element (HHWE) which identifies how the City will properly reduce, collect, recycle, treat and dispose of all household hazardous wastes generated within Its incorporated boundaries; and (iii) The City Council established the Source Reduction and Recycling Technical Advisory Committee and subsequently assigned to the Committee the responsibility for reviewing the draft Source Reduction and Recycling Element; and (iv) On October 8, 1991, the Source Reduction and Recycling and Recycling Technical Advisory Committee and the City Council conducted a public workshop to discuss the draft element; and (v) On October 29, 1991, the City Council conducted a duly advertised public hearing on the preliminary draft Source Reduction and Recycling Element and opportunity was given to all persons present to speak; and (vi) On December 27, 1991, the City received written notification that the preliminary draft Source Reduction and Recycling Element had been reviewed and commented upon by the California Integrated Waste Management Board; and (vii) On April 13, 1992, the City received written notification that the preliminary draft Source Reduction and Recycling Element had been reviewed and commented upon at a meeting of the Los Angeles County Solid Waste Management Committee/lntegrated Waste Management Task Force; and (vii) On April 21, 1992, the City Council held a duly advertised public hearing on the preliminary draft Household Hazardous Waste Element and opportunity was given to all persons present to speak; and (ix) On June 2, 1992, the City Council continued the duly advertised public hearing on the Final Draft elements and the proposed Negative Declaration; and (x) On June 3, 1992, the City received notification that the preliminary draft Household Hazardous Waste Element had been reviewed and commented upon by the California Integrated Waste Management Board; and (xi) On June 15, 1992, the Final Draft Source Reduction and Recycling Element and Household Hazardous Waste Element was delivered to the County of Los Angeles; and (xii) On June 16, 1992, the City Council held a duly advertised public hearing on the Final Draft elements and the proposed Negative Declaration and the opportunity was given to all persons present to speak; and (xiii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Resolution. SECTION 2: That the City Council hereby adopts the Final Source Reduction and Recycling Element and the Final Household Hazardous Waste Element in accordance with the requirements established by the enactment of Assembly Bill 939 and Assembly Bill 2707, respectively. SECTION 3. That pursuant to Section 15083 of the State Guidelines for the implementation of the California Environmental Quality Act (CEQA) an Initial Study and Negative Declaration were circulated to the appropriate agencies and the public from January 21 to February 20, 1992, and that one set of comments were received. SECTION 4: That the City Council hereby certifies that said Initial Study and Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970 (CEQA), as amended, and the Guidelines promulgated thereunder, and that the City Council has reviewed and considered the information contained in said Initial Study and Negative Declaration to reflect the independent judgement of the City of Diamond Bar. SECTION 5: That the City Council hereby specifically finds and determines that, based upon the findings set forth herein, no significant adverse environmental impacts will occur. SECTION 6: That the City Council specifically finds and determines that, having considered the record as a whole, there is no evidence before the City Council that the Source Reduction and Recycling Element and Household Hazardous Waste Element will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon the substantial evidence presented in the record before this City Council, the City Council hereby rebuts the presumption of adverse effect contained in § 753.5 (d) of Title 14 of the California Code of Regulations. SECTION 7: That the City Council will cause said Final Elements to be delivered to the Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force on or before the July 1, 1992, deadline established by AB 939. PASSED, APPROVED AND ADOPTED THIS 16th DAY OF June, 1992. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 16th day of June. 1992 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Werner, Forbing, Miller, Mayor Pro Tem Papen, Mayor Kim NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: 4La%0%3es---rP-:ty City of Lomond Bar _ _ _