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11-205 RESOLUTION NO. 11-205 A RESOLUTION OF THE CITY OF MENIFEE MAKING FINDINGS AND ADOPTING THE AB 939 PLANNING DOCUMENTS THAT INCLUDE THE SOURCE REDUCTION AND RECYCLING ELEMENT, HOUSEHOLD HAZARDOUS WASTE ELEMENT, AND NON-DISPOSAL FACILITY ELEMENT AND ADOPTING THE NEGATIVE DECLARATION WHEREAS, the City of Menifee (herein referred to as City), incorporated on October 1, 2008, was formally part of Riverside County Unincorporated area of Riverside, and is now responsible for all requirements of the California Integrated Waste Management Act of 1989 as amended, Public Resources Code Sections 4000 et seq. (the "ACT") and its implementing regulation; and WHEREAS, a city incorporated after January 1, 1990, is required to submit a Source Reduction and Recycling Element(herein referred as SRRE), a Disposal Facility Element (herein referred as NDFE); to the Department of Resources, Recycling and Recovery for approval within 18 months from the date of becoming newly incorporated per requirements of Public Resources Code 41791.5 (b), and WHEREAS, the City prepared an Initial Study/Negative Declaration, dated November 18, 2010, which was circulated for public review and comment from November 21, 2010 to December 21, 2010. The Notice of Intent to Adopt a Negative Declaration and Initial Study were filed with the County Clerk on November 29, 2010, and the Governor's Office of Planning and Research State Clearinghouse on November 18, 2010 (SCH#2010111072); and WHEREAS, the draft SRRE and HHWE were subject to a 30-day review and comment period and one public hearing thereby satisfying the requirements of California Code of Regulations Title 14, Division 7, Chapter 9, Article 7.0; and WHEREAS, the final SRRE and HHWE were subject to a 15-day review and comment period and the NDFE was subject to a 90-day review and comment period, and all three documents were subject to a public hearing for the adoption, thereby satisfying the requirements of California Code of Regulations Title 14, Division 7, Chapter 9, Article 7.0; and WHEREAS, the City Council is the appropriate authority to hear and take the final action on this project; and WHEREAS, the Notice of Public Hearing for the Project was duly noticed in the Californian, an Edition of the North County Times, a newspaper of general distribution on February 4, 2011; and WHEREAS, on February 15, 2011 the City Council held a properly noticed public hearing at which it received a report from City Staff, oral and written testimony from the public, and deliberated on the project. At the conclusion of its deliberations, the City Council took a Resolution No. 11-205 NDFE, HHWE, SRRE adoption vote and adopted this resolution to approve the project, as revised by the City Council during its deliberations; and NOW, THEREFORE, on the basis of the above findings of fact and the entire Record, the City Council: 1. Approves the AB 939 Planning Documents (SRRE, HHWE, and the NDFE); and 2. Adopts the Negative Declaration of Environmental Effect, based on the Initial Study, and staff is directed to prepare a Notice of Determination and to file said document with the County Clerk. PASSED AND ADOPTED BY THE City Council of the City of Menifee, California, this 15th day of February 2011. Wallace W. Edgerton, lwor ATTEST: Kathy Bennett, City Clerk APPROVED AS TO FORM: r Karen A. Feld, City Attorney i I i 2 I I I �YY qp MENIF'EE Wallace W.Edgerton STATE OF CALIFORNIA ) Mayor COUNTY OF RIVERSIDE ) ss- Fred sFred Twyman CITY OF MENIFEE ) Vice Mayor I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the John V.Denver foregoing Resolution No. 11-205 was duly adopted by the City Council of the City Councilmember of Menifee at a meeting thereof held on the 15th day of February, 2011 by the Darcy Kuenzi following vote: Councilmember Ayes: Edgerton, Denver, Fuhrman, Kuenzi,Twyman Thomas Fuhrman Noes: None Councilmember Absent: None Abstain: None Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us