HomeMy WebLinkAboutReso - CC - 137-2021DocuSign Envelope ID: 5FF9FE9D-8E6C-4AEE-89BA-F8A24CBD82DE
RESOLUTION NO. 137-2021
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU)
WITH THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY (SBWMA) FOR THE
IMPLEMENTATION OF SB 1383; CEQA Determination: Exempt Pursuant to State
CEQA Guidelines Sections 15878(b)(5), 15061(b)(3), and 15308
WHEREAS, the State of California passed SB 1383 (Chapter 395, Statutes of 1383),
which required the California Department of Resources Recycling and Recovery (CalRecycle) to
adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and
75 percent by 2025; and
WHEREAS, CalRecycle has finalized regulations and revised Chapter 12 (Short-lived
Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations ("SB 1383
Regulations"); and
WHEREAS, the SB 1383 regulations require local jurisdictions to implement programs
requiring organic waste generators and waste haulers to meet minimum standards for organic
waste collection services, inspect waste containers for prohibited contamination of materials,
provide education and outreach information to organic waste generators, report to CalRecycle on
compliance with SB 1383 regulations, and maintain records of compliance with SB 1383
regulations; and
WHEREAS, a jurisdiction may designate a public or private entity to fulfill its requirements
of Chapter 12: Short-lived Climate Pollutants, including utilizing a Joint Powers Authority, except
that the jurisdictions shall remain ultimately responsible for compliance; and
WHEREAS, SBWMA developed an Implementation of SB 1383 Memorandum of
Understanding (MOU) detailing the roles and responsibilities between SBWMA and its Member
Agencies; and
WHEREAS, the SBWMA Board of Directors considered the Implementation of SB 1383
MOU at its regularly scheduled meeting held June 24, 2021, and adopted Resolution 2021-17
recommending that Member Agencies approve the MOU; and
WHEREAS, the City of Burlingame agrees with the roles and responsibilities detailed in
the MOU; and
WHEREAS, the City Council wishes to allow the City Manager to execute this MOU on
behalf of the City, and to make any changes necessary, subject to the approval of the City
Attorney.
DocuSign Envelope ID: 5FF9FE9D-8E6C-4AEE-89BA-F8A24CBD82DE
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES
AS FOLLOWS:
1. The City Manager is authorized to execute the Memorandum of Understanding with
the SBWMA Member Agencies, attached hereto as Exhibit A, and to make any
changes necessary, subject to the approval of the City Attorney.
2. Environmental review is not required because adoption of the MOU is not a project
under the California Environmental Quality Act (CEQA) pursuant to state CEQA
Guidelines section 15378(b)(5) (organizational or administrative activities of
governments not project). In addition, adoption of the MOU is exempt from CEQA
pursuant to state CEQA Guidelines section 15061(b)(3), as adoption of the MOU will
not have a significant impact on the environment; and section 15308, as adoption of
the MOU is an action taken by a regulatory agency for the protection of the
environment.
Ricardo Ortiz, Vice -Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 15th day of
November, 2021, and was adopted thereafter by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: O'BRIEN KEIGHRAN
Meaghan Hassel -Shearer, City Clerk