HomeMy WebLinkAbout2016-55 - Authorizing Submittal of Application for Payment Programs and Related AuthorizationsRESOLUTION 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
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Section 4: That this authorization is effective until rescinded by the City Council.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.
Resolution No. 2016-55
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 10th day of May, 2016.
ATTEST:
& r90�
Leilani I. Brown
City Clerk -.d000�
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-55 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 10`h day of May, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon,
Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11"' day of May, 2016.
A&MAL, IQ I&P�-
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)