May 7, 2024, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway CITY COUNCIL May 7, 2024 Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works ~ Will Wiley, Assistant Director of Public Works Maintenance and Operation:'~/ (858) 668-4705 or [email protected] , y Resolution Authorizing the City of San Diego Solid Waste Local Enforcement Agency to be the Lead Waste Agency for the Regional Tire Enforcement Program The City of San Diego Solid Waste Local Enforcement Agency {LEA) invited the City of Poway to be a participant in the San Diego Regional Waste Tire Enforcement Program. Funded by a grant from the California Department of Recycling and Recovery (Cal Recycle), the program ensures local businesses comply with all laws and regulations for the disposal of tires. The Waste Tire Enforcement Grant is an annual grant offered by Cal Recycle and will be in its 30th grant cycle for Fiscal Year (FY) 2024-25. The City of San Diego will serve as the Primary Collaborative Jurisdiction to submit the grant application and implement the Waste Tire Enforcement Program. Recommended Action: It is recommended the City Council adopt the Resolution authorizing the City of San Diego Solid Waste LEA to apply'for funds and administer the San Diego Regional Waste Tire Enforcement Program on behalf of the City of Poway through FY 2028-29. Discussion: According to CalRecycle, California is faced with the significant challenge of diverting or safely managing more than 51 million reusable and waste tires generated each year. It is estimated fewer than 25,000 waste tires remain in stockpiles throughout California. These stockpiles pose a potential threat to public health, safety an~ the environment. In 1989, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires and Cal Recycle was charged with the responsibility for tire pile stabilization and remediation where public health, safety and the environment may be at risk. CalRecycle adopted regulations to establish and enforce waste tire storage and handling standards through a statewide manifest system. Cal Recycle delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at the waste tire facilities to local solid 1 of 5
May 7, 2024, Item #4waste enforcement agencies. To ensure a stable source of funding for these activities, Cal Recycle provides a non-competitive Waste Tire Enforcement Grant program. The purpose of the grant program is to provide accountability for monitoring the movement of waste and used tire loads generated and transported within California, which may consist of facility, site, and hauler inspections and education. To be eligible for grant funding, a city must have 100 or more waste tire sites in its jurisdiction. The City of Poway does not meet this eligibility requirement to apply for the grant funding on its own. However, collaborative applications with authorization from other cities and/or counties participating in a collaborative program are eligible for grant funding. The City of San Diego Solid Waste LEA is the lead agency for this program in San Diego County and invited the City of Poway to be a participant in the San Diego Regional Waste Tire Enforcement Program. If awarded, the City of San Diego Solid Waste LEA would use grant funds to implement inspections, enforcement and educate over 1,100 active waste tire generating businesses in the region, including those in the City of Poway. Under the grant program, a Participating Collaborative Jurisdiction (City of Poway) would grant permission for a Lead Collaborative Jurisdiction (City of San Diego) to perform waste tire inspection activities in its jurisdiction, even though the Lead Collaborative Jurisdiction does not fall within the Participating Collaborative Jurisdiction's boundaries. The City of San Diego Solid Waste LEA has been operating a Waste Tire Enforcement program for several years. Staff from the City of San Diego Solid Waste LEA performs 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 Solid Waste LEA staff would notify the City and Cal Recycle. The City has been participating in this collaboration since 2019 and would like to continue its participation for another five years. To participate in the collaborative grant program, the only action required is the adoption of a Resolution granting the City of San Diego Solid Waste LEA authority to perform the grant tasks. The 30th funding cycle for the Waste Tire Enforcement Grant application becomes available in December 2024. The attached Resolution grants the City of San Diego Solid Waste LEA authority to submit applications and administer the Waste Tire Enforcement Program on behalf of the City of Poway through FY 2028-29. While the City does not directly receive grant funds, the grant enables the City to benefit from services provided. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: There is no fiscal impact as a result of this action. A benefit of grant funds allows the City of Poway to benefit from services which may not have otherwise been available to the city alone due to grant eligibility requirements. Public Notification: None. 2 of 5
May 7, 2024, Item #4Attachments: A. Resolution Reviewed/ Approved By: Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney ~ Ch s 1 City Manager
May 7, 2024, Item #4RESOLUTION NO. 24-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A CALRECYCLE 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 SOLID WASTE LOCAL ENFORCEMENT AGENCY TO ACT ON BEHALF OF THE CITY OF POWAY TO SECURE GRANT FUNDS AND IMPLEMENT THE WORK SPECIFIED IN THE GRANT THROUGH JUNE 30, 2029 WHEREAS, Public Resources Code section 4000 et seq. authorizes the Department of Resources, Recycling and Recovery (CalRecycle) to administer various grant programs 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, safety and the environment; WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application; awarding and management of the grants; WHEREAS, funds are allocated and available from CalRecycle for grants to local governments to perform enforcement, compliance and surveillance activities of entities involved with the waste tire industry; WHEREAS, to be eligible for grant funds, the application must have 50 or more waste tire sites for a county jurisdiction and 100 or more waste tire sites for a city jurisdiction, and an applicant must either be a Local Enforcement Agency, an Environment Health Agency or a Code Enforcement Agency; WHEREAS, the City of San Diego Solid Waste Local Enforcement Agency (LEA) is the lead jurisdiction for many cities in San Diego County for this grant program, where it conducts the inspection and enforcement at businesses that sell tires, generate tire waste or transport waste tires; WHEREAS, the City of San Diego Solid Waste LEA invited the City of Poway to partner for this program, since the City does not meet all the eligibility requirements to apply for the funding on its own; WHEREAS, partnering in a regional waste tire enforcement program would provide an assurance that tire selling and disposal facilities within the City of Poway are properly manifested and reported without any direct costs to the City of Poway; and WHEREAS, procedures established by the State and CalRecycle require each applicant's governing body to certify by resolution its approval of the submittal of a grant application to Cal Recycle. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 4 of 5 ATTACHMENT A
May 7, 2024, Item #4Resolution No. 24-Page 2 SECTION 1: The City of Poway authorizes the City of San Diego Solid Waste LEA to submit to CalRecycle a collaborative application for the Local Government Waste Tire Enforcement Grant on the City of Poway's behalf for the 30th Grant Cycle and future grant cycles through June 30, 2029. SECTION 2: The City of Poway authorizes the City of San Diego Solid Waste LEA to execute all Grant-related documents, including, but not limited to, applications, payment requests, agreements, and amendments necessary to secure Grant funds and implement and carry out the purpose specified in the Grant Application through June 30, 2029. SECTION 3: The City of Poway authorizes the City of San Diego Solid Waste LEA to conduct waste tire enforcement activities within the jurisdiction boundaries of the City of Poway during the terms of the Local Government Waste Tire Enforcement Grants through June 30, 2029. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of May 2024, by the following vote, to wit: AYES: NOES: ABSTAINED: ABSENT: DISQUALI Fl ED: Steve Vaus, Mayor ATTEST: Carrie Gallagher, CMC, City Clerk 5 of 5