Resolution Number 92-8-18-9RESOLUTION NO. 92-8-18-9
G1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE
DECLARATION FOR THE EXPANSION OF CITY -SIDE CURBSIDE
RECYCLING, COMPOSTING AND REFUSE COLLECTION
PROGRAM
WHEREAS, the State Legislature passed Assembly Bills 929 and 2707, which
require each city in the State to divert by 25% in 1995, and by 50% in 2000, the amount
of solid waste normally disposed in landfills; and,
WHEREAS, pursuant to said Bills, cities are required to prepare and adopt
Elements which describe how they will achieve the State -mandated solid waste diversion
and reduction goals; and,
WHEREAS, the City, on December 3, 1992, adopted its Source Reduction and
Recycling Element, which recommends the implementation of residential curbside
recycling and composting; and,
WHEREAS, the expansion of the City-wide curbside recycling, composting and
refuse collection program falls under the definition of a "project" under the California
Environmental Quality Act (CEQA) Guidelines Section 15378, requiring compliance with
the California Environmental Quality Act; and,
WHEREAS, on March 10, 1992, the City of San Juan Capistrano Environmental
Review Board considered the findings contained in the initial study for this project and
issued a negative declaration.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
1. After reviewing the Initial Study and the proposed Ngative Declaration,
the City Council as a result of its review of he aforementioned
documents, confirms the Environmental Review Boar 's action to issue a
Negative Declaration and authorizes the issuanc of a Notice of
Determination pursuant to California Environm ntal Quality Act
Guidelines Section 15075 certifying the Negative Declaration.
2. Pursuant to Title 14, California Code of Regulations Section 753.5(c)(1),
the City Council has determined that, after considering the record as a
whole, there is no evidence that the proposed Program will have the
potential for any adverse affect on wildlife resources to the habitat upon
which the wildlife depends. Furthermore, on the basis of substantial
evidence, the City Council hereby finds that any presumption of adverse
impact has adequately been rebutted.
-1-
-156
Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14,
California Code of Regulations Section 753.5(a)(3), the Program is not
required to pay Fish and Game Department filing fees.
PASSED, APPROVED, AND ADOPTED this 18th day
of August ,1992.
L O ,MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct :Opy of
Resolution No. 92-8-18-9 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 18th day
of August , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer, Harris
NOES: Councilman Vasquez
ABSTAIN: Mayor Jones
ABSENT:
(SEAL)
CHERYL JOHNSON, OTY CLERK
-2-