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C/TYOF Agenda Item No: 3.d n4 Meeting Date: June 20, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Cory Bytof Sustainability and Volunteer City Manager Approval: Program Coordinator TOPIC: ZERO WASTE GRANTS ADMINISTRATION SUBJECT: A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING AN INCREASE IN THE APPROPRIATION FOR THE SUSTAINABILITY PROGRAM, AND FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO THE MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY FOR ZERO WASTE GRANTS AND TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE PURPOSES OF THE GRANTS FOR A PERIOD OF 5 YEARS EXECUTIVE SUMMARY: The City of San Rafael is a member of the Marin County Hazardous and Solid Waste Joint Powers Authority ("JPA"), also known as Zero Waste Marin, and receives grants from the JPA on an annual basis to help implement waste reduction projects and programs. These grants are funded by tipping fees at the local landfill, are non-competitive, and are administered like a block grant by the JPA. The JPA Board decides each year what the amounts will be based on their budget. This year the JPA voted to increase the grant awards significantly, but this information was not available in time for FY 2016- 2017 budget preparation. Therefore, this action is to allow the use of the increased grant award during the upcoming fiscal year by increasing the appropriation accordingly. In addition, Council is being asked to formally allow the City Manager or his designee to be the official City representative for purposes of accepting and administering the grant for the City. RECOMMENDATION: Staff recommends increasing the appropriation so that the full grant award may be used in the coming fiscal year. Further, Staff recommends authorizing the City Manager or his designee to be the official City representative for purposes of accepting and administering the Zero Waste Grant. BACKGROUND: The JPA was formed in 1996 to ensure Marin's compliance with the California Integrated Waste Management Act (AB 939), and in order to achieve waste reduction goals set out by the State. It is FOR CITY CLERK ONLY File No.: 13-1 x 4-13-96 Council Meeting: 06/20/2016 Disposition: Resolution 14133 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 made up of Marin's Cities, Towns, the County and Special Districts. In 2009 the JPA conducted a Zero Waste Feasibility Study and then adopted a Zero Waste Goal for Marin in 2011. Also in 2011 the JPA started a Zero Waste Grant program to help members conduct zero waste programs and achieve these zero waste goals. On July 18, 2011 the San Rafael City Council added the Sustainability Element to General Plan 2020, including Policy SU -9 which states, "Reduce material consumption and waste generation, increase resource re -use and composting of organic waste, and recycle to significantly reduce and ultimately eliminate landfill disposal," and Program SU -9a, which states, "Adopt a Zero Waste Goal and a Zero Waste Strategic Plan to achieve this goal". In October 2011, Council adopted a Resolution affirming the JPA's Zero Waste Goal and committing the City to 80% diversion by 2012, and 94% diversion by 2025. The City of San Rafael has received grant funds annually since the inception of the Zero Waste Grant program. The grant has been a valuable asset to the City in increasing our waste reduction activities. Grant funds have been used to develop our single use bag and polystyrene takeout container ordinances, to increase recycling containers and signage in facilities, parks, special events, and other public spaces, and to hire interns to develop and implement programs such as our Waste -Wise Business Spotlight. Funds have also been used to increase the reach of the Downtown Streets Team by offering recycling and composting opportunities for the public at the Downtown Farmers Market. This year the grant award will be used for similar items, and the additional amount is being considered for activities that may also help to reduce illegal dumping or littering. ANALYSIS: Over the past few years the JPA has been refining the program to make it easier to utilize and less burdensome for cities to administer. In addition, the JPA has changed the dates of the program to better match the fiscal year spending time frames that cities and other local jurisdictions use. Since its inception the grant awards have remained in the $59-62,000 range making it easy to appropriate. This year the amount of the grant award was increased significantly, which was not known at the time of the budget appropriations adopted by Council. This new amount will go a long way toward our zero waste programs, but in order to use the additional funds the Council will need to increase the appropriation accordingly through a resolution. In addition, there used to be a JPA requirement that the Council formally assign an authorized representative that could apply for, execute documents for, and receive the grant funding. In 2011, the City Council adopted a resolution declaring the City Manager to be the City's authorized representative for a period of five years, which is a typical time frame for grant authorizations. This authorization expired in April 2016, and although the JPA no longer requires this formal designation, the City Manager and City Attorney's offices have concluded that it would still be a best practice to maintain the authorization. FISCAL IMPACT: Approving this resolution would appropriate an additional $37,931.85 to the Sustainability Program special project fund for use in implementing zero waste programs. This amount is equal to the additional grant funds the City is receiving so there will be no fiscal impact to the City's General Fund. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the Resolution as presented SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 2. Adopt the Resolution with changes 3. Direct staff to return with more information RECOMMENDED ACTION: Staff recommends the Council adopt the Resolution as presented. ATTACHMENTS: 1. Resolution 2. JPA / Zero Waste Marin Grant Award Letter and Guidelines CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 14133 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING AN INCREASE IN THE APPROPRIATION FOR THE SUSTAINABILITY PROGRAM, AND FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR ZERO WASTE GRANTS TO MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY AND TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE PURPOSES OF THE GRANTS FOR A PERIOD OF 5 YEARS WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939) required that all California jurisdictions achieve a landfill diversion rate of 50% by the year 2000, and reduce, reuse, recycle and compost all discarded materials to the maximum extent feasible before any landfilling or other destructive disposal methods is used; and WHEREAS, in 2011 the State adopted a Mandatory Commercial Recycling Law (AB 341), which raised the requirement to a 75% landfill diversion rate by 2020; and WHEREAS, on November 14, 2006 the Marin County Hazardous and Solid Waste Management Joint Powers Authority ("JPA") adopted a goal of 80% landfill diversion by 2012, and A Zero Waste Goal by 2025; and WHEREAS, these waste reduction objectives are consistent with those contained in the 2009 San Rafael Climate Change Action Plan, and the Sustainability Element of the General Plan; and WHEREAS, the Marin County Hazardous and Solid Waste Management JPA administers a Zero Waste Grant Program for all the local jurisdictions in the County that are part of the JPA, including San Rafael; and WHEREAS, the City has been receiving these grants annually since 2011, and receives notification of these grant awards in May each year after the City's budget with appropriations is adopted; and WHEREAS, on May 26, 2016 the Marin County Hazardous and Solid Waste Management JPA has increased the grant funds to the City of San Rafael from $61,318.30 in fiscal year 2015-2016 to $99,250.15 in fiscal year 2016-2017; and WHEREAS, the City Manager's Office wishes to increase the appropriation for the Sustainability Program Budget to match the grant award; and WHEREAS, once awarded, the City of San Rafael will enter into a Grant Agreement with the JPA for implementation of said Grant(s). NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael authorizes an increase in the appropriation for the Sustainability Program zero waste project fund 31055, commensurate with the additional grant award in the amount of $37,931.85. BE IT FURTHER RESOLVED the City Council of the City of San Rafael authorizes the City Manager or his designee to execute, in the name of the City of San Rafael, all grant documents, including but not limited to applications, agreements, amendments and requests for payment, necessary to secure JPA grant funds for which the City of San Rafael is eligible. BE IT FURTHER RESOLVED that this authorization is effective from June 20, 2016, through June 20, 2021. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the twentieth day of June, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Gamblin, McCullough & Vice -Mayor Colin NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey and Mayor Phillips Esther C. Beirne, City Clerk 4 ZEROWASTEMARIN PROTECTING OUR RESOURCES TOGETHER June 2, 2016 Dear Zero Waste Marin Member Agencies, On behalf of Zero Waste Marin, I am pleased to announce Cycle 6 of the Zero Waste Block Grant Program! The grant guidelines and forms are attached and can also be downloaded from the Zero Waste Marin website. httr)://zerowastemarin.orR/who-we-are/zero-waste-grant-program-for-memb.er- a encies . We hope you will take advantage of this funding to develop and institute programs that contribute toward reaching Zero Waste. As in the past, you have one month, until July 1, 2016, to submit your Application & Work Plan. I will be administering the grant this year. I am new to Zero Waste Marin and look forward to meeting and working with each of you. I am eager to help you identify and implement programs that will serve your communities. Please contact me with any questions, ideas or problems; I can help! If you would like to assign a different person at your agency as the lead contact on this year's grant, please reply to me directly with their contact information. Finally, if you have a Final Report from Cycle 5, please email or mail it to me no later than June 30, 2016. (For your convenience, I have also attached the Cycle 5 Final Report Form:) If mailing, please use the address below: Grant Manager Zero Waste Marin 1600 Los Gamos Drive, Suite 201 San Rafael, CA 94903 Cvcle 6 Zero Waste Marin Grant Milestones • June 1, 2016 - Application Materials Released • July 1, 2016 - Application Deadline • July 8, 2016 - Cycle Awarded / Grant Term Begins • May 1, 2017 - Grant Term Ends • May 8, 2017 - Final Reports Due Best, Judith Silver Senior Planner Marin County Hazardous & Solid Waste Management Joint Powers Authority (JPA) 1600 Los Gamos Dr., Suite 210 San Rafael, CA 94903 Attachments www.ZeroWasteMarin.org (415) 473-6647 ZEROWASTEMARIN Exhibit A Cycle 6 Zero Waste Grant Guidelines Introduction The Marin County Hazardous & Solid Waste Management Joint Powers Authority (JPA) administers the Zero Waste Grant Program. The following procedures and requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, records and audit requirements. Grant Program The JPA is offering grants to Member Agencies and Special Districts whose application identifies a program that works towards the Zero Waste Goal. Zero Waste Toolkit Documents have been developed by the JPA to implement waste reduction programs uniformly throughout Marin. Member Agencies are not limited to the type of Zero Waste Projects they wish to implement. Special Districts that administer solid waste franchise agreements do not have the authority to implement ordinances or resolutions; however they are encouraged to develop programs which work toward Zero Waste. Primary Zero Waste Proiects: Are encouraged to be developed first and include: • Zero Waste Resolution • Construction and Demolition (C&D) Ordinance • Commercial and/or Residential Food Scrap Recycling Secondary Zero Waste Proiects: Can include, but are not limited to: • Construction & Demolition (C&D) Ordinance Enforcement Costs • Outreach and Training Coordinator to Set Up Recycling and Composting at Schools • Coordinator for Recycling and Composting at Local Events • Purchase Easily -Portable Event Recycling Containers and Accessories for Loan for Local Events • Adding Public Recycling Receptacles • Waste Audits • Local Composting Classes • Support of Food Scrap Composting Programs • Differential Costs of an Environmental Purchasing Policy • Commercial and Multifamily Outreach and Support • Zero Waste Case Studies • Mini -Grants program to environmental, educational or community groups Zero Waste activities. • Printing outreach materials using the JPA's to be developed "Do -It -Yourself' templates for Zero Waste outreach Eligibility & Funding Grant funding is available only for JPA Member Agencies and Special Districts identified as `Applicants'. It is recognized that each applicant will incur various costs while implementing Zero Waste Projects. Therefore, it is intended the grant program funding will help cover a portion of those costs. Zero Waste Grant Guidelines - Cycle 6 1 of 4 Funds will be available on a USE IT OR LOSE IT basis. It is important that you apply for funding each vear to ensure vour municipality gets its share of grant funds. Cycle 6 Funds Available Member Agency Allocated Belvedere $8541.96 Corte Madera $15,303.07 County of Marin $67,339.99 Fairfax $12,165.85 Larkspur $20,338.37 Mill Valley $24,388.37 Ross $9,139.93 San Anselmo $21,079.72 San Rafael $99,250.15 Sausalito $11,823.45 Tiburon $15,568.55 Almonte Sanitary District $5,000.00 Alto Sanitary District $5,000.00 Bolinas Community Public Utility District $5,000.00 Homestead Valley Sanitary District $5,000.00 Las Gallinas Sanitary District $5,000.00 Marin City Community Services District $5,000.00 Stinson Beach County Water District $5,000.00 Strawberry Recreational District $5,000.00 Tamalpias Community Services District $5,000.00 Total $350,000 Application Procedures The application is limited to two pages, including the provided application forms. A sample Grant Application can be found on the JPA website: ZeroWasteMarin.org. • Determine grant fund eligibility, as described above (use the figure listed under "Cycle 6 Funds Available") • Determine the Zero Waste Projects your Jurisdiction intends on implementing. • Complete the Zero Waste Grant Application and Work Plan and submit it by July 1, 2016. Once the Grant Applications and Work Plans are received they will be reviewed by the JPA which will determine if applications meet the Grant requirements. Jurisdictions will be authorized to commence their proposed programs upon receipt of `Notice to Proceed" from the JPA. A Final Report (Exhibit C) must be submitted to the JPA by May 1, 2017. These reports will describe the progress made at the time of the report submittal, outcome of the program implemented, an account of funds spent, and an estimated tonnage of waste that was diverted Zero Waste Grant Guidelines — Cycle 6 2 of 4 through each program. A sample Final Report can be found on the JPA website: ZeroWasteMarin.Org Milestones • June 1, 2016 - Application Materials Released • July 1, 2016 - Application Deadline • July 8, 2016 - Cycle Awarded / Grant Term Begins • May 1, 2017 - Grant Term Ends • May 8, 2017 - Final Reports Due Communication All communication regarding this grant shall be directed to the JPA Grant Manager. Submit Applications/Work Plans and Final Reports electronically to i silver(d)marincountv. ora or send written correspondence to: JPA Grant Manager c/o Zero Waste Marin 1600 Los Gamos Drive Suite 210 San Rafael, CA 94903 Eligible Costs As identified in the Grant Guidelines, all expenditures must be only for activities, products, and costs included in the approved Application and Work Plan. Services provided and costs must be incurred after receiving a Notice to Proceed and must be spent or encumbered for a Zero Waste purpose before the end of the Grant Term. Costs, including materials, supplies, equipment, facilities, must be directly related to the approved grant project, be reasonable, and focused on local needs as described in the application. Any proposed revision(s) to the Work Plan and/or Budget must be approved by the JPA Executive Director. Ineligible Costs Any costs not included in the Application and Work Plan and not directly related to the approved grant project are ineligible for funding use. Questions regarding ineligible costs can be directed to the JPA Staff. Compliance Grantees shall comply fully with all terms of the Zero Waste Grant Program. JPA Executive Director, as the administrator of the program, has final say in all matters grant related and has all oversight and administrative authority. Recycled Content Requirements All products that are purchased with grant funds must contain post consumer recycled -contend material. All documents submitted to the JPA must be printed on double -sided on 100% recycled content paper. Specific pages containing full-color photographs or other ink intensive graphics may be printed on photographic paper Zero Waste Grant Guidelines — Cycle 6 3 of 4 Audit / Records Access The Grantee agrees that the JPA or their designated representative shall have the right to review and to copy any records or supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of 3 years from the date the Grant Term ends. Copyright Information Any copyrightable materials produced with Grant Funds become the property of the JPA and the Grantee. Questions regarding copyright materials can be directed towards the JPA Grant Programs Coordinator. Examples of copyrightable material included, but are not limited to: * CD's and visual material * Brochures, Pamphlets, and reproductions of advertisements designed for distribution * The following language must appear on any copyrightable material produced with JPA Grant Program Funds: © {Year of Creation} ZeroWasteMarin. All rights reserved. This publication, or parts thereof, may not be reproduced without the permission of the JPA. Use of the initials "JPA" in conjunction with "Zero Waste Marin" is sufficient when space is limited. Grant Payment Grant funds will be available to Grantees once they are given the Notice to Proceed. All applicants who submit a sufficient Application and Work Plan will be sent payment of the full grant amount as soon as possible once the Notice to Proceed is authorized by the JPA Executive Director. Reporting A Final Report is required to be submitted by the Grantee to the JPA at the end of the Grant Term (respectively). The report will identify activity during the term of the grant and summarize all activity conducted in the performance and fund use of the grant. Copies of adopted documents (Ordinances, Resolutions, etc.) will be included in the report. All grantees will calculate and report a diversion tonnage estimate to identify program effectiveness. If all program criteria have not been met by the end of the grant term, the Grantee may report on the progress toward each grant task and demonstrate they have made all reasonable and feasible efforts to implement those programs. Grantees that have unspent funds at the end of the grant term should provide documentation that any unspent funds have been encumbered for a Zero Waste purpose. A sample Final Report can be found on the JPA website: ZeroWasteMarin.Org A failure to submit the Final Report by close of the grant term will be reported to the JPA Board of Directors or Executive Committee and may affect the availability of future grant funds. Attachments: Application & Work Plan — Exhibit B Final Report — Exhibit C Zero Waste Grant Guidelines — Cycle 6 4 of 4 ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 6/20/2016 From: Cory Bytof Department: City Manager Date: 6/9/2016 Topic: AN INCREASE IN FUNDING FOR THE SUSTAINABILITY PROGRAM Subject: A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING AN INCREASE IN THE APPROPRIATION FOR THE SUSTAINABILITY PROGRAM, AND FURTHER AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR ZERO WASTE GRANTS TO MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY AND TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE PURPOSES OF THE GRANTS FOR A PERIOD OF 5 YEARS Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: Approved -Van Bach ® City Attorney Remarks: LG -approved 6/13/16 with minor revisions. ® Author, review and accept City Attorney / Finance changes Remarks: CB reviewed and accepted changes M City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: