Resolution 2004- 54
RESOLUTION NO. 2004-54
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
ADOPTING THE SIXTH AMENDMENT TO THE COUNTYWIDE
NONDISPOSAL FACILITY ELEMENT TO IDENTIFY THE PACIFIC
COAST RECYCLING FACILITY, ENVIRONMENTAL MANAGEMENT
SYSTEMS RECYCLING AND PROCESSING FACILITY, AND THE
CALIFORNIA WASTE SOLUTIONS RECYCLING AND TRANSFER
STATION AS NONDISPOSAL FACILITIES IN THE COUNTY
INTEGRATED WASTE MANAGEMENT PLAN
WHEREAS, California Public Resources Code Section 41730 et seq. requires the County
of Santa Clara to prepare, adopt, and transmit to each jurisdiction located in the County a
Nondisposal Facility Element ("NDFE") that identifies all existing, expansion of existing, and
proposed nondisposal facilities that will be needed to implement the County's Source Reduction
and Recycling Element; and
WHEREAS, the City of Gilroy Council recommended approval of the NDFE and
authorized the County of Santa Clara to submit a copy of the resolution and NDFE to the
California Integrated Waste Management Board on the City's behalf on November 15, 1994; and
WHEREAS, the Countywide NDFE was originally adopted on December 13, 1994, and
was amended by the First Amendment adopted June 3, 1997, by the Second Amendment adopted
August 5, 1997, by the Third Amendment adopted September 15, 1998, by the Fourth
Amendment adopted December 7, 1999, and by the Fifth Amendment adopted June 27,2000;
and
WHEREAS, the Sixth Amendment to the Countywide Nondisposal Facility element has
been prepared by the County of Santa Clara staff in accordance with the requirements of the
Public Resources code Section 41730 et seq., and is necessary to identify Pacific Coast
Recycling and Processing Facility as a nondisposal facility in Gilroy, California, to identify the
California Waste Solutions Recycling and Transfer Station as a nondisposal facility in San Jose,
and Environmental Management Systems in Milpitas, California; and
WHEREAS, the Sixth Amendment supplements and augments the Countyside
Nondisposal Facility Element as amended by the First, Second, Third, Fourth, and Fifth
Amendments; and
WHEREAS, pursuant to the Public Resources Code Section 41734, the Sixth
Amendment has been reviewed by the Solid Waste Commission of Santa Clara County, acting as
the Local Task force; and
RESOLUTION NO. 2004-54
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WHEREAS, pursuant to Public Resources Code Section 41735, the adoption of the Sixth
Amendment is not subject to the environmental review requirements of the California
Environmental Quality Act; and
WHEREAS, on December 16, 2003, the County Board of Supervisors held a public
hearing on the Sixth Amendment to hear all testimony and review the evidence in the record; and
WHEREAS, on June 7, 2004, the Council of the City of Gilroy held a public hearing on
the Sixth Amendment, heard all testimony, and review the evidence relating to the Sixth
Amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
GILROY:
1. The Sixth Amendment to the Countywide Nondisposal Facility Element is hereby approved
and adopted.
2. The City staff shall provide a certified copy of this Resolution to the jurisdictions located in
the County of Santa Clara and to the California Integrated Waste Management Board.
PASSED AND ADOPTED on 7th of June 2004, by the following vote:
AYES:
COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
~~~,
Rhonda Pellin, City Clerk
RESOLUTION NO. 2004-54
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-54 is an original resolution, or true and correct copy of a city resolution,
du1y adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
7th day of June, 2004, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 14th day of June, 2004.
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l,,---, . . ~-
City lerk of the City of Gilroy
(Seal)