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Home My WebLink About2011/12/06 Item 16TY COUNCIL STATEMENT ~~,,.~:,,~ ciTY o~ CHULAVISTA 12/6/11, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF CALRECYCLE 19TH CYCLE FISCAL YEAR 2011/2012 WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO-SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS- FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND A Y OUT THE PURPOSE SPECIFIED GRANT SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ~ ~~ ,' ASSISTANT DIRECTOR OF ENGINEF~R. REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER cjr 4/STHS VOTE: YES ^ NO SUMMARY In 1989 the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board, now CalRecycle was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment maybe at risk. Consequently, CalRecycle adopted regulations to establish and enforce waste tire storage standards. CalRecycle has delegated the responsibility for the administration of enforcement, compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies. CalRecycle provides anon-competitive Waste Tire Enforcement Grant program. The City of San Diego-Solid Waste Local Enforcement Agency (LEA) is the lead agency for this program in San Diego County, Chula Vista, Imperial Beach, El Cajon and La Mesa are partnering with San Diego to apply for the 19t~' cycle grant fiords. This will be the fotuth year Chula Vista has participated in this program. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, consisting of solicitation for grant funds, is not a "Project" as defined under Section 15378 of the State CEQA 16-1 12/6/11, Item ~~ Page 2 of 3 Guidelines because the request for grant funds has not been approved and .the action approving the proposed activity has not yet been approved, adopted or funded by the City of Chula Vista. Therefore, pursuant to Section 15060 {c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION California is faced with the significant challenge of diverting or safely managing more than 40.2 million reusable or waste tires generated each year. It is estimated that 1.5 million waste tires have been illegally dumped or stockpiled. These stockpiles pose a potential threat to public health, safety and the environment. In 1990 the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. CalRecycle was charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, CalRecycle adopted regulations to establish and enforce waste tire storage and handling standards. Public Resources Code 42961.5 required CalRecycle to develop a "California Uniform Waste and Used Tire Manifest" system. Its purpose is to provide accountability for monitoring the movement of waste and used tires loads generated and transported within California. Discrepancies are actively investigated and if necessary regulations are strictly enforced. The maximum civil penalties for violations of the waste tire handling and manifesting requirements is $25,000 per violation per day as described in Public Resources Code Section 42962, and administrative penalties are $5,000 per violation per day. CalRecycle has delegated the responsibility for the administration of enforcement, compliance and surveillance activities at the waste tire facilities to local solid waste enforcement agencies. The central objective of facility, site and hauler inspections is to achieve compliance through oversight and education to the greatest extent possible and to provide accurate information for entry into statewide database. Inspections maybe performed by CalRecycle staff or by waste tire enforcement grantees. To ensure a stable source of funding for these activities, CalRecycle provides anon-competitive Waste Tire Enforcement Grant Program. This year there is $7,775,000 available for the grant program. Eligible applicants may request up to a total of $300,000, the maximum amount a grantee may receive is based upon population figures provided by the California Department of Finance. To be eligible for grant money the application must have 50 or more waste tire sites in its jurisdiction and must be one of the following: 1. A local Enforcement Agency 2. An Environmental Health Agency 3. A Code Enforcement Agency 16-2 12/6/11, Item 1~' Page 3 of 3 The City of San Diego Local Enforcement Agency has been operating a Waste Tire Enforcement program for some time. The cities of Chtlla Vista, Imperial Beach, El Cajon and La Mesa do not meet all the eligibility requirements to apply for the funding on their own therefore, the City of San Diego invited Sotith Bay and East County jurisdictions to partner with San Diego for this round of grant fitnding. City of San Diego Local Enforcement Agency staff performs the initial inspections and follow-up inspections for all waste tire facilities and sites. In the event of a non- compliance issue City of San Diego staff notifies the partner jurisdiction and CalRecycle. Enforcement activities are then pursued at the local level. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a}(1) is not applicable to this decision CURRENT FISCAL IMPACT There is no impact to the general fiend as a result of applying for and accepting this grant and implementing the work; no matching funds are required. ONGOING FISCAL IMPACT There is no impact to the general fund as a result of applying for and accepting this grant and implementing the work; no matching funds are required. ATTACHMENTS None. Prepared hy: Lynn France, Environmental Services Program Manager & Manuel Medrano, Recycling Specialist II, Public Worlcs Department, Environmental Services Section. H:IPUBLIC WORKSIACENDAICAS2011112-06-LUCAS- cycle 19 Tire Grnnt.doc 16-3 RESOLUTION NO 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF CALRECYCLE 19TH CYCLE FISCAL YEAR 2011/2012 WASTE TIRE ENFORCEMENT GRANT APPLICATION 1N PARTNERSHIP WITH THE CITY OF SAN DIEGO-SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSE SPECIFIED GRANT WHEREAS, in 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires; and WHEREAS, CalRecycle has delegated the responsibility for the administration of tire enforcement, compliance and surveillance activities at waste tire facilities to solid waste Local Enforcement Agencies (LEA); and WHEREAS, funds are allocated and available for CalRecycle for grants to LEAs to perform enforcement, compliance, and surveillance activities at waste tire facilities; and WHEREAS, the City of San Diego Local Enforcement Agency has agreed to act as lead jurisdiction on behalf of the cities of Chula Vista, Imperial Beach and National City. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the submittal of tire enforcement grant applications in partnership with the City of San Diego-Local enforcement Agency BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City of San Diego to act on behalf of the City of Chula Vista to execute all necessary applications, contracts, payment requests, agreements and amendments for the purpose of securing grant funds and to implement and carry out the work specified in the grants. Presented by Approved as to form by Richard A. Hopkins Director of Public Works ./,~ ~.~.- Glen R. Googins City Attorney 16-4