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Home My WebLink About2012/11/20 Item 15~ ~~ - ,,~4 .. CITY COUNCIL AGENDA STATEMENT r ~~~r~ CITY OF CHULAVISTA 11/20/12, Item f5 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR RUBBERIZED PAVEMENT GRANT FUNDS FOR FISCAL YEAR 2012-13 AND TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO, APPLICATIONS, AGREEMENTS, AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS . - SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ` ASSISTANT DIRECTOR OF ENGIN ERING U~ .." f "- REVIEWED BY: CITY MANAGER ST~ J S ASSISTANT CITY MANAGER S~ 4/STHS VOTE: YES ^ NO SUMMARY The Department of Resources Recycling and Recovery (CalRecycle) offers the Rubberized Pavement (Pavement) Grant Program (formerly called the Rubberized Asphalt Concrete (RAC) Grant Program) pursuant to Sections 42872 and 42873 of the Public Resources Code. The grant program is designed to encourage activities that promote reducing the number of waste tires going to landfills for disposal and to promote markets for rubberized pavement products derived from one-hundred percent (100%) recycled California-generated waste tires. The purpose of the grant is to promote markets for rubberized pavement products derived from one-hundred percent recycled California-generated waste tires. There are two project types: (1) Rubberized Asphalt Concrete (RAC) Projects, formerly known as the Targeted Rubberized Asphalt Concrete Incentive Grant and (2) Rubberized Chip Seal (Chip Seal) Projects, formerly known as the Chip Seal Grant. The application deadline for fiscal year 2012-13 was November 1, 2012. A draft resolution was submitted with the grant application. 15-1 11/20/12, Item (5 Page 2 of 3 The City has applied for Rubberized Pavement grant funding for pavement projects within the City. This agenda statement is intended to inform Council that staff has prepared the grant application and submitted it before the November 1, 2012 deadline. Should any grant funds be awarded, staff will return to Council for appropriation to an eligible project. 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 is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a grant funding solicitation without the assurance that these funds will be procured. The purpose of the grant funds, if obtained, is to provide assistance to local governments to fund street pavement projects utilizing rubberized asphalt concrete (RAC) products. Once the funding is obtained and projects are clearly identified and defined, then, additional environmental review will be conducted and the appropriate determination will be made. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSIONS Not applicable. DISCUSSION The California Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board (CIWMB), provides the Rubberized Pavement Grant Program to promote markets for recycled-content surfacing products derived from waste tires generated in California and decrease the adverse environmental impacts created by unlawful disposal and stockpiling of waste tires. For fiscal year 2012-13, a total of $3,300,000 is available. The funding of project(s) is based on the amount of RAC material used and number of previous CalRecycle RACX/Pavement grants received. The maximum grant award for RAC and/or Chip Seal project(s) is $250,000. All projects are subject to the following requirements: • One hundred percent (100%) California-generated waste tires must be used in the rubber portion of the project(s). ^ The project(s) must be located in California. • Reimbursement will not exceed the amount on the Grant Agreement Cover Sheet (CalRecycle 110) • Construction of the RAC portion of any project must commence on or after the date indicated in the Notice to Proceed and be completed by April 1, 2015. 15-2 11/20/12, Item ~5 Page 3 of 3 • The binder material must contain a minimwn of 300 pounds (equivalent to 15 percent by weight) of the tire-derived crumb rubber per ton of rubberized binder. ^ RAC Grant Proiect: Project(s) must use a minimum of 3,00 tons of RAC. • Chip Seal Grant Proiect: Project(s) must use a minimum of 35,000 square yards of RAC This grant application is for the Rubber Chip Seal program on collector and arterial streets. Since the City received previous grant funding for both programs in FY2070-11, the Rubber Chip Seal grant will still be for $1.00 per square yard of material. We are applying for the maximum reimbm'sement of $250,000. This agenda statement is intended to inform Council that staff has applied for the grant fw~ds. It is also intended to authorize the Director of Public Works or his designee the power to execute in the name of the City of Chula Vista all grant documents, including but limited to, applications, agreements, amendments and requests for payments, neeessazy to secw'e grant funds and implement the approved grant project, if awarded. 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)(]) is not applicable to tlris decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of auy other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no impact to the General Fund. If a grant is awarded, staff will return to Council with a recommendation to accept and appropriate the grant funds. ONGOING FISCAL IMPACT None. ATTACHMENTS None. Prepared by: A~rry D. Parzosan, Administrative Analyst II J: IEngineerlAGENDAICAS2012V1-20-I11R,4CGrantAgenda Statement IIZOIZREV2.doc 15-3 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR RUBBERIZED PAVEMENT GRANT FUNDS FOR FISCAL YEAR 2012-13 AND TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED T'O, APPLICATIONS, AGREEMENTS, AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), to administer various Grant Programs (grants) in furtherance of the state of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require among. other things, an applicant's governing body to declaze by resolution certain authorizations related to the administration of CalRecycle grants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the submittal of application(s) to CalRecycle for, all grants for which the City of Chula Vista is eligible. BE IT FURTHER RESOLVED that the Director of Public Works, or his designee is hereby authorized and empowered to execute in the name of the City of Chula Vista all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds; and BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this resolution. Presented by Richard A. Hopkins Director of Public Works 15-4