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Item No. 5 - CONSIDERATION OF A RESOLUTION AUTHORIZING THE SUBMITTAL OF ALL CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY GRANTSAGENDA ITEM NO.5 Xft AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: June 1, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE SUBMITTAL OF ALL CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) GRANTS APPLICATION FOR WHICH THE CITY IS ELIGIBLE FOR A FIVE-YEAR PERIOD RECOMMENDATION: It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF WEST COVINA IS ELIGIBLE FOR FIVE YEARS FROM THE DATE OF THE ADOPTION OF THIS RESOLUTION AND RESCINDING RESOLUTION NO.2019-37 BACKGROUND: The California Department of Resources, Recycling and Recovery (CalRecycle) administers various grant programs in the State's effort to reduce, recycle, and reuse solid waste to preserve landfill capacity and protect public health and safety, and the environment. Both discretionary (competitive) and non-competitive grants are available through CalRecycle. The City has been successful in securing discretionary grants from CalRecycle for tire recycling grants through Rubberized Asphalt Concrete (RAC) Grant and Tire -Derived Product (TDP) Grant programs. Household Hazardous Waste (HHW) discretionary grants are also available to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills. DISCUSSION: CalRecycle grant application procedures require an applicant to authorize by resolution the submittal of application(s) and the designation by job title of an individual or individuals authorized to execute all grant documents on behalf of the City, in this case, the Local Enforcement Agent/Waste Management Agent (LEA/WMA). On June 4, 2019, the City Council adopted Resolution No. 2019-37 that authorized the Community Development Director to execute all grant documents and submittals of grant applications for five -years from June 4, 2019. While Resolution No. 2019-37 five-year period is valid until June 4, 2024, the City has restructured the City's LEA pursuant CalRecycle, as such the authorized staff member to execute all grant documents needs to be changed to the Fire Chief. The City is currently receiving funding for two non-competitive payment program grants — the Used Oil Payment Program and the Beverage Container City/County Payment Program (CRV). The Used Oil Payment Program provides assistance to local governments to develop and maintain used oil and used oil filter collection/recycling programs. These funds have enabled the former Public Works Department (currently Public Services Department) to provide residents with new oil filters in exchange for their used filters, paid for advertising the recycling of used oil and oil filters, and funded such items as storm drain filters and cleaners. The City also uses the CRV grant funding for advertising to promote recycling as well as other beverage container recycling and litter abatement activities such as providing recycling containers for City facilities and schools, and purchasing trash cans, tables, and benches made from recycled materials. In addition, the City receives non-competitive Local Enforcement Agency (LEA) grant funding. These grant funds are used to offset a portion of the LEA program costs relative to the BKK Landfill's post -closure activities, thereby reducing the City's general fund obligation. Included in these activities are contractual waste management enforcement and inspection services. Staff intends to continue to pursue all CalRecycle grants for which the City of West Covina is eligible. As outlined above, the proposed resolution authorizes the Fire Chief, LEA/WMA to execute all grant documents on behalf of the City. LEGAL REVIEW: The City Attorney's Office has reviewed the resolution and approved it as to form. OPTIONS: The City Council has the following options: 1. Adopt the proposed resolution to authorize submission of all CalRecycle grants the City of West Covina is eligible for the next five (5) years from the adoption of this resolution; or 2. Decline authorization of grant application submittals, thus diverting any potential CalRecycle grant funds that the City of West Covina may be eligible for to other jurisdictions. West Covina currently receives approximately $75,000 from CalRecycle in non-competitive grant funding annually. If declined, there will be no funding for the Used Oil and CRV programs. In addition, the State mandated post -closure maintenance and monitoring activities for the BKK Landfill will have to be funded entirely from General Funds. The LEA Grant currently funds approximately $15,800 annually with an additional $28,000 from monies obligated to the City from the waste hauler for waste management and oversight programs; or 3. Provide alternative direction. ENVIRONMENTAL REVIEW: This project is a General Exemption under the California Environmental Quality Act. Fiscal Impact FISCAL IMPACT: All CalRecycle grant funding will be utilized for the implementation of eligible projects as specified in program guidelines to support Zero Waste California. There are no costs to the City's General Fund. Attachments Attachment No. 1 - Resolution No. 2021-63 ATTACHMENT NO. 1 RESOLUTION NO.2021-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF WEST COVINA IS ELIGIBLE FOR FIVE YEARS FROM THE DATE OF THE ADOPTION OF THIS RESOLUTION AND RESCINDING RESOLUTION NO.2019-37 WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CaRecycle) 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 fw•therance 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 declare by resolution certain authorizations related to the administration of CalRecycle grants; and WHEREAS, on June 4, 2019, the West Covina City Council adopted Resolution No. 2019-37 authorizing the Community Development Director to execute all grant application documents and authorized submittal ofCaRecycle grans for five (5) years from the date ofthe Resolution; and WHEREAS, the City Council desires to rescind Resolution No 2019-37 and replaces it with this Resolution No. 2021-63 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council rescinds Resolution 2019-37. SECTION 2. The City Council authorizes the submittal ofapplication(s) to CalRecycle for all grants for which the City of West Covina is eligible. SECTION 3. The Fire Chief Local Enforcement Agent/Waste Management Agent (LEA/WMA), or his/her designee, is hereby authorized and empowered to execute in the name of the City of West Covina all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. SECTION 4. These authorizations are effective for five (5) years from the date of adoption ofthis resolution. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 1 st day of June 2021. Letty Lopez-Viado Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-63 was duly adopted bythe City Council of the City of West Covina, California, at a regular meeting thereof held on the 1 st day of June, 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk