STAFF REPORT TO THE CITY COUNCIL. The Mayor and Members of the City Council

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STAFF REPORT TO THE CITY COUNCIL DATE: Regular Meeting of January 24, 2014 TO: SUBMITTED BY: SUBJECT: The Mayor and Members of the City Council Phil Batchelor, Interim City Manager Pedro Jimenez, Parks & Recreation Director Purchase recycling bins (trash, plastic and cans) for the City parks RECOMMENDED ACTION: Adopt a resolution authorizing the appropriation and expenditures of AB939 grant funding in an amount of $6,799 for the purchase of recycling bins (trash, plastic and cans) for the City parks. FISCAL IMPACT OF RECOMMENDATION: Funding for this project will be expended from AB939 California Beverage and Litter Reduction Act grant funding for beverage container recycling and litter cleanup program for FY 2012-2013 $6,799. BACKGROUND: The City has been applying and receiving grant funding from the California Beverage and Litter Reduction Act for beverage container recycling and litter cleanup program. DISCUSSION: By placing recycling bins at the City parks the City will assist in reaching and maintaining the goal of the California Department s beverage container recycling program and will assist in keeping all the Community Center litter free. ATTACHMENTS: Attachment 1 Resolution Attachment 2 Recycling Program Guideline January 28, 2014 Page 1

Financial Impact Description: Appropriation of $6,799 from the unappropriated fund balance of the AB939 Fund. AB939 funding comes from the California Beverage and Litter Reduction Act for beverage container recycling and litter cleanup program. Please Note: Working cash $7,221. Funding Source: Account Number: 291-5510-643-20-00 Budget Recap: Total Estimated cost: $6,799 New Revenue: $ Amount Budgeted: $0 Lost Revenue: $ New funding required: $6,799 New Personnel: $ Council Policy Change: Yes No January 28, 2014 Page 2

Attachment 1 RESOLUTION NO. 14- AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF AB939 GRANT FUNDING IN AN AMOUNT OF $6,799 FOR THE PURCHASE OF RECYCLING BINS (TRASH, PLASTIC AND CANS) FOR THE CITY PARKS WHEREAS, there is a great need for Recycling Bins at the City Parks; and WHEREAS, these Recycling Bins will help keep the City Parks litter free; and WHEREAS, AB939 funding comes from the California Beverage and Litter Reduction Act for beverage container recycling and litter clean up program; and WHEREAS, by placing Recycling Bins at the City Parks the city will assist in reaching and maintaining the goal of the California Department s beverage container recycling program; and WHEREAS, the Recycling Bins will be funded from the unappropriated fund balance of the AB 939 fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the Council hereby authorizes the expenditures from AB939 grant funding for the purchase for Recycling Bins for the City Parks in the amount of $6,799 from account 291-5510-643-20- 00. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the twenty-eighth day of January 2014 by the following vote of the Council: AYES: NOES: ABSENT: ATTEST: Myrna L. de Vera, Mayor Margaret S. Roberts, City Clerk 1

2012/2013 Attachment 2 City/County Payment Program Guidelines Pursuant to Public Resources Code Section 14581(a)(4)(A) of the California Beverage Container Recycling and Litter Reduction Act, the Department of Resources Recycling and Recovery (CalRecycle) is distributing $10,500,000 in Fiscal Year 2012/13 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of CalRecycle s beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. Eligible Participants Incorporated cities and counties in California, as identified by the California Department of Finance, are eligible to receive funding under this program, unless otherwise determined by the Department. Allocation of Funds Each city is eligible to receive a minimum of $5,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater. Each county is eligible to receive a minimum of $10,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater. The per capita amount is calculated, based upon the population as of January 1, 2012, in the incorporated areas of a city, city and county, or the unincorporated area of a county, as stated in the annual City and County Population and Housing Estimates report submitted to the governor by the California Department of Finance. On-line Application Process/WebPass Information Cities and counties may apply for funds by completing a Funding Request in the web based City/County Annual Payment and Reporting System (CAPRS). To access CAPRS, the applicant must have a CalRecycle WebPass. WEBPASS - Those who have previously obtained a WebPass for this program or another CalRecycle program (i.e., Local Government Information Center (LoGIC), E-Waste, OPPO, etc.) do not need to obtain a new WebPass. If the applicant does not have a WebPass, one may be requested at the following link: CalRecycle WebPass (https://secure.calrecycle.ca.gov/webpass/). Select Create Account and follow the instructions. After the request for access is received and reviewed, an e-mail will be sent to the applicant granting access to the secure CAPRS web site. WebPass accounts are created for individuals, not organizations, and are tied to the applicant s specific email address. If the applicant s email address changes or becomes inactive, a new WebPass account is needed to access CAPRS. All individuals must create their own password. 1

Passwords should not be shared within the organization. Access cannot be granted to the on-line application unless the applicant is designated as a contact in CAPRS. Contacts For cities, the authorized official (city manager, city clerk or mayor) should be identified as the primary contact, and for counties, the current recycling coordinator should be identified. To change the primary contact information, call CalRecycle at (916) 322-0613 and ask for the assigned regional representative. The secondary contact should be identified as the person responsible for overseeing the beverage container recycling program for cities. For counties, the county treasurer should be identified. Changes to the secondary contact information may be made directly on the electronic form. The primary or secondary contact may designate himself as the funding request contact or assign someone else. The funding request contact should be the person completing the application who is available to answer questions concerning the Funding Request. This may be the city or county recycling coordinator, lead agency or Joint Powers Authority (JPA). If the city or county would like to assign a person not currently identified as the primary or secondary contact to be the funding request contact, click on User Management on the left navigation menu in CAPRS and follow the instructions to set-up a new user. The new user will also need a WebPass. Addresses A payment and a physical address are required. The payment address is where payments will be mailed. To comply with the requirements of Chapter 8400 of the State Administrative Manual (Warrants Payable to Counties), the county treasurer s address will be identified as the payment address for counties. To make changes to the payment address, call CalRecycle at (916) 322-0613 and ask for the assigned regional representative. Program Expenditures Pursuant to Section 14581(a)(4)(C) of the Public Resources Code, these funds shall not be used for activities unrelated to beverage container recycling or litter abatement. Approved activities are listed in the Activities tab, by category, on the Funding Request. An other box is provided to allow additional activities to be listed. These are subject to approval by CalRecycle. Eligible activities include, but are not necessarily limited to: Supporting AB 341 Mandatory Commercial Recycling (MCR) requirements. (For additional information on MCR and definitions of businesses and multi-family residential dwellings as they relate to this regulation, see http://www.calrecycle.ca.gov/climate/recycling). o Infrastructure for businesses to recycle beverage containers. o Support for new or existing beverage container recycling programs for multi-family residential dwellings. o Public education and outreach (that includes a beverage container recycling component). Other activities include: Supporting new or existing curbside recycling programs. Neighborhood drop-off recycling programs. Public education promoting beverage container recycling. 2

Litter prevention and cleanup where the waste stream includes beverage containers that will be recycled. Cooperative regional efforts among two or more cities and counties. Other beverage container recycling programs. In accordance with the governor s directive, promotional items are ineligible expenses under CalRecycle grant/direct payment programs. More information on this directive can be found at the following link: http://www.calrecycle.ca.gov/grants/swag/default.htm Deadline to Submit Funding Requests must be submitted no later than March 4, 2013. The system will not allow any Funding Requests to be submitted after the March 4, 2013 deadline date. (PRC Section 14581(a)(4)(E)). Payments CalRecycle will approve Funding Requests and authorize the State Controller s Office to make payments to each city and county. The State Controller s Office has up to 30 days to process the payments. The warrant will arrive without a cover letter to the city or to the county treasurer. Pursuant to Section 14581(a)(4)(F) of the Public Resources Code, CalRecycle may withhold payment to any city, county, or city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000. Condition Subsequent The Applicant/Recipient may not file for protection under Chapter 9 of the U.S. Bankruptcy Code or declare a fiscal emergency any time within the Payment Term. Recordkeeping and Reporting Each eligible recipient must maintain documentation for a minimum of three years from the date of project completion. Cities and counties will be randomly chosen to submit a report of expenditures; therefore, all entities should be prepared to report how Fiscal Year 2012/13 City/County funds were spent. Jurisdictions chosen to submit a report will be notified by email. Indemnity Recipient agrees to indemnify, defend and save harmless the State, CalRecycle, its officers, agents, and employees from any and all claims and/or losses accruing or resulting from the performance of the City/County Payment Program. Program Expenditure Changes To make changes to program expenditures/activities once a funding request has been submitted, contact the Beverage Container Grants Unit at (916) 322-0613 and the assigned regional representative will assist you. 3

How to Reach Us Department of Resources Recycling and Recovery (CalRecycle) Beverage Container Grants Unit 801 K Street, MS 17-01 Sacramento, CA 95814-3533 Telephone: (916) 322-0613 Fax: (916) 322-8758 Email: citycounty@calrecycle.ca.gov Additional Information and Other Resources CalRecycle Regional Representative contact information: http://www.calrecycle.ca.gov/bevcontainer/grants/resources/regionalasst.pdf Historical Funding Information: http://www.calrecycle.ca.gov/bevcontainer/grants/citycounty/default.htm 4