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HomeMy WebLinkAboutReso - CC - 138-2021DocuSign Envelope ID: 5FF9FE9D-8E6C-4AEE-89BA-F8A24CBD82DE RESOLUTION NO. 138-2021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY OF SAN MATEO FOR THE ESTABLISHMENT OF AN EDIBLE FOOD RECOVERY PROGRAM CONSISTENT WITH CALIFORNIA CODE OF REGULATIONS, TITLE 14, DIVISION 7, CHAPTER 12 SHORT-LIVED CLIMATE POLLUTANTS; 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 agencies orjurisdictions to establish an edible food recovery program; 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 jurisdiction shall remain ultimately responsible for compliance; and WHEREAS, the County of San Mateo developed a Memorandum of Understanding (MOU) to implement an Edible Food Recovery Program on behalf of the County and cities within the county; and WHEREAS, the City of Burlingame agrees with the roles and responsibilities detailed in the Edible Food Recovery Program 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; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS FOLLOWS: The City Manager is authorized to execute the Edible Food Recovery Program Memorandum of Understanding with the County of San Mateo, attached hereto as Exhibit A, and to make any changes necessary, subject to the approval of the City Attorney. DocuSign Envelope ID: 5FF9FE9D-8E6C-4AEE-89BA-F8A24CBD82DE 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. n� 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