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December 12, 2023
ITEM TITLE
Grant Application: Approve a Joint Application with the City of San Diego for a Waste Tire Abatement Grant and Authorize the City of San Diego to Execute All Grant-Related Documents and Grant Activities for January 1, 2024 to December 31, 2029
Report Number: 23-0305
Location: No specific location
Department: Economic Development
G.C. § 84308: No
Environmental Notice : The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15309 Class 9 (Inspections) and Section 15061(b)(3).
Recommended Action
Adopt a resolution approving a joint application for grant funding for waste tire abatement up to $500,000 with the City of San Diego and authorizing the City of San Diego to execute all g rant-related documents and grant activities for the next five calendar years or until December 31, 2029.
SUMMARY
The California Legislature enacted comprehensive requirements for the storage and disposal of waste tires that authorized California Department of Resources Recycling and Recovery (CalRecycle) to regulate waste tire collection requirements and remediation where public health and safety and the environment may be at risk. CalRecycle has delegated the responsibility for the administration of the enforcement compliance and surveillance activities at waste tire facilities to local solid waste enforcement agencies. To ensure a stable source of funding for these activities, CalRecycle provides a non-competitive Waste Tire Enforcement Grant program of which the City of San Diego-Solid Waste Local Enforcement Agency (LEA) is a lead agency for this program in San Diego County who proposes to apply for grant funding in cooperation the City of Chula Vista.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and determined that the project qualifies for a Categorical Exemption P a g e | 2
pursuant to State CEQA Guidelines Section 15309 Class 9 (Inspections ) and Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The application to this grant program was presented to the Sustainability Commission during their November 13 meeting, this commission unanimously voted to recommend adoption of the proposed resolution.
DISCUSSION
California is faced with the sig nificant challenge of diverting or safely managing more than 51 million reusable and waste tires generated each year. It is estimated that fewer than 25,000 waste tires remain in stockpiles throughout California. These stockpiles pose a potential threat to public health, safety, and the environment.
California Public Resources Code 42961.5 required CalRecycle to develop a Uniform Waste and Used Tire Manifest System, its purpose is to provide accountability for monitoring the movement of waste tire 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 violati on 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 the enforcement compliance and surveillance activities to t he local solid waste enforcement agencies. The central objective of the facility, site and hauler inspections is to achieve compliance through oversight and education to the greatest extent possible and to provide accurate information into a statewide database. Inspections may be performed by CalRecycle staff or by local agencies with the assistance of grant funds made available.
To ensure a stable source of funding for these activities, CalRecycle provides a non -competitive Waste Tire Enforcement grant pr ogram. Each year there is approximately six million dollars available for the grant program. Eligible applicants may request up to a total of $500,000. To be eligible for grant money the application must have 50 or more waste tires sites in its jurisdiction and must be either a Local Enforcement Agency, an Environmental Health Agency and a Code Enforcement Agency.
The City of San Diego Local Enforcement Agency has been operating a Waste Tire Enforcement program for over a decade and since the City of Chula Vista does not meet the eligibility requirements to apply for funding on their own, the City of San Diego invited our city to partner for this round of grant funding. The grant proposal intends to use the funding to perform initial inspections and follow-up inspections for all waste tire facilities like local repair shops located within its partner jurisdiction.
The City of San Diego has agreed to perform waste tire activities on behalf of the City of Chula Vista.
Approving this resolution authorizes the City of San Diego to execute all grant-related documents, including, but not limited to, applications, payment requests, agreements, and amendments necessary to secure grant funds and to implement and carry out the purposes specified in the grant applicatio n. Grant activities will include inspections to waste tire generating facilities, providing education and outreach as well as covering a portion of disposal costs of illegally disposed tires in the public right-of-way.
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
CURRENT-YEAR FISCAL IMPACT
There is no current impact to the General Fund 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 ongoing 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
1. Grant Application Guidelines and Instructions
2. Grant Terms and Conditions
3. Grant Procedures and Requirements
Staff Contact: Eric C. Crockett, Deputy City Manager and Manuel Medrano, Environmental Services Manager