HomeMy WebLinkAbout05 CA USED OIL RECYL 04-04-94NO. 5
4-4-94
DATE:
APRIL 4, 1994
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
RESOLUTION NO. 94-35 AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR CALIFORNIA USED OIL RECYCLING GRANT
RECOMMENDATION
1. Adopt a resolution authorizing the application for State grant
funds to establish and maintain a used oil recycling program.
·
Direct the City Attorney to prepare and authorize the Mayor to
execute an agreement with ORICOM to develop and manage a used
oil program at no cost to the City.
FISCAL IMPACT
There is no fiscal impact associated with this action. Ail fees
for program development.and management payable under this agreement
will be paid from grant monies received.
BACKGROUND AND DISCUSSION
The California Recycling Enhancement Act of 1991 establishes and
provides grant funding for programs that increase the proper
collection and recycling of used oil.' One of these programs is the
California Used Oil Recycling Opportunity Grants Program for Local
Governments.
The purpose of this program is to provide one time funding to local
governments for establishing used oil collection programs and
locally based used oil collection centers. Applicants must
demonstrate that they currently or will have at least one certified
used oil collection center for every 100,000 residents not serviced
by curbside used oil collection.
The City of Tustin does not have curbside collection of used oil.
Presently, residents are encouraged to take their used oil to one
of the County's drop-off centers or to one of the non-certified
collection centers that exist in the area. If the City is
successful in obtaining the grant funding, the number of local
collection centers for used oil will be increased in Tustin's
immediate area.
In addition, current public education efforts will be expanded and
will focus on decreasing illegal dumping of used oil into the
landfills, storm drains, and sewer systems. The program will help
with the National Pollutant Drainage Elimination System (NPDES)
program, as well as compliance with AB939, the California
Integrated Waste Management Act.
' Staff.is recommending the services of ORICOM, a consulting firm
located in Anaheim, to deVelo-p-a~d'~submit a grant application on
behalf of the City of Tustin. The application will represent
Tustin, as well as the Cities of Santa Ana, Orange, Garden Grove,
Fountain Valley, and Huntington Beach. If the application is
successful the City of Orange will act as the Lead City for the
development and management of the used oil program. Development
and submittal of the grant will be at no cost to the City. All
program costs will be paid for from grant funds. Further, ten
percent (10%) of the funds will be made available for the purpose
of recovering any administrative costs the City may incur.
Also attached to this report is an outline of the various aspects
of the proposed program. Included is the identification and
certification of collection centers, school outreach, and public
awareness activities.
CONCLUSION
To proceed with the development of the grant application, adoption
of Resolution No. 94-35 approving the submittal of an application
for State grant monies and approval of the attached agreement with
the Lead City (City of Orange), who will coordinate the applicable
submittal, program development and management, are required.
Robert S. Ledendecker
Director of Public Works/
City Engineer
K~tiVe~ Pitcher
Administrative Assistant II
Attachment
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.... .. RE.SOLUTION NO. 94-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING AN APPLICATION FOR GRANT FUNDS FROM THE
CALIFORNIA USED OIL RECYCLING OPPORTUNITY GRANT PROGRAM
TO DEVELOP AND MAINTAIN A USED OIL RECYCLING PROGRAM
WHEREAS, th~ people of the State of California have enacted
the California Oil Recycling Enhancement Act that provides funds
to cities and counties for establishing and maintaining local used
oil collection programs that encourage recycling or .appropriate
disposal of used oil; and
WHEREAS, the California Integrated Waste Management Board
(CIWMB) has been delegated the responsibility for the
administration of the program within the State, setting up
necessary procedures governing application by cities and counties
under the program; and
WHEREAS, said procedures established by CIWMB require the
applicant to certify by resolution the approval of application
before submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the
state of California for development of the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Tustin:
1. Approves the filing of an application for the California Used
Oil Recycling Opportunity Grant Program under the California Oil
Recycling Enhancement Act for state grant assistance for the
project specified above; and
2. Appoint the Director of Public Works/City Engineer as agent
of the City of Tustin to conduct all negotiations, execute and
submit all documents including, but not limited to: applications,
agreements, amendments, payment requests and so on, which may be
necessary for the completion of the aforementioned project.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin held on the 4th day of April, 1994.
ATTEST:
Jim Potts, Mayor
City Clerk
£nviroCom
ID 4-996-9959 M~R
9~ 17'~8 No.008 P.02
AGREEMENT
THIS AGREEMENT is made this.
municipal corporation. ("CITY"). and CITY OF
day of by [he CITY OF a
, a Municipal Corporation ("LEAD CITY)
RECITALS
The followin~ reclt~ls are a substantive part of this Agreement
This A~reement is entered into pursuant to
City Council authorization
CITY desires to utilize the services of LEAD CITY to submit a detailed application for
Opportunity Grant funds from the State of California in connection with the establishment
of used oil collection centers in the City as par: of a regional program. LEAD CITY
administer the Opportunity Grant Program for CITY as part of a regional program
according to California Integrated Waste Management Board requirements.
,.
LEAD CITY is qualified by virtue of State of California Opportunity Grant Fund require
ments.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
Term of Agreement. This Agreement shall begin upon execution and continue until
June 30, 1995, unless extended.
·
.
'Services to be Pr0~ided. The services to be performed by LEAD CITY shall consist
of the p~eparation of the application for State Opportunity Grand Funds and administration
thereof, as more particularly set forth in Exhibit "A"(proposal to State).
Compensation. Citywill be compensated by LEAD CITYfor qualified administrative time
per d~e State program ~uidelines. Compensation shall be paid by LEAD CiTY after State
has distributed funds to LEAD CITY per the program.
3.3
Records of Expenses. CITY shall keep complete and acc, rate records
of payroll costs, and incidental expenses. These records will be made available
at reasonable times to LEAD CITY.
4.
Comp_l_iance with Law. LEAD CITY shall comply with all applicable laws, ordinances,
codes, and regulations of the federal, state, and local government.
EnvlroCom
'i~-996-9959 MRI "9~ 17'~9 No.O08 P.03
inici31s
~ All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process.
(a)
Address of LEAD CITY is as follows:
(b)
Address of CITY is as follows: (with a copy to):
e
I
LEAD CITY'S Proposal,
(a) This Agreement shall include LEAD CITY'S proposal or bid which shall be
incorporated herein, in the event of any inconsistency between the terms of the proposal
and this A~reement. this Agreement shall [overn.
_-r~lm_e o~ Essence. Time is of the essence in the performance of chis Agreement.
8.
Authority_ to Execute. The persons executing this Agreement on behalf of the parties
warrant thac they are duly authorized to execute this A&reement and that by executing this
Agreement, the parties are formally bound.
2. of 3
£nviroCom
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Ir '4-996-9959 MAR 94 17'49 No.008 P.04
e
inid~ls
Hodtflcation. This Agreement constitutes the entire agreement between the parties and
SUl~ersedes any previous agreements, oral or written. This Agreement may be modified only
by subsequent mutual written agreement executed by CITY and LEAD CITY.
10.
Waiver. All waivers of the provisions of this A§reement must be in writing by the
appropriate authorities of the CITY and LEAD CITY.
II.
C..~liforn|a Law. This AEreement shall be construed In accordance with the laws of the
State of California. Any action commenced about this Agreement shall be filed In the central
branch of the Los Angeles County Superior Court_
12.
Interpretation. This Agreement shall be Interpreted as though prepared by both parties.
13.
.Preservation 0f. AFree~ent~ Should any provision of this Agreement be found invalid
or unenforceable, the decision shall affect only the provision interpreted, and all remaining
provisions shall remain enforceable.
IN WITNESS THEREOF, these parties have executed this A;Ereement on the day and year
shown below.
Date: "CITY"
CiTY OF
APPROVED AS TO FORM:
·
BY:
MAYOR
"LEAD CITY"
Date,
City AttOrney
By:
ATTEST:
Tide
City Clerk ......
APPROVED AS TO CONTENT:
Date ....
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EnvlroCom '14-996-9959 MgF "9~
15'59 No.O14 P.02
Gp~'DRTUNITY GI~NT U.ed OI1 Reovol~ng. C.lllomla I~teO,.t~l Wllte
..
STATE OF CALIFORNIA USED OIL OPPORTUNITY GRANT
.,
PROGRAM
The State of California has made available opportunity grant funds up to a maximum
of $500,000 per city or qualified government agency.
PROPOSAL COMPLETION DATE
April 15, 1994
FUNDS ARE AVAIL.ABLE
After July 1, 1994 ~hrough June 30, 1995
..
PROPOSAL DEV'.EL.,O PMENT
ORICOM will develop, implement and manage the program through June 30, 1995.
We will charge for work performed excluding preparation of the proposal. There is no
charge for preparation of the proposal since cities will agree to pay ORICOM for
services rendered 1~o develop, implement and manage the program upon acceptance
by the State of Cal.!fornia
,.
PROPOSAL
This proposal is designed to provide a substantial level of support for the recycling of
used oil and used c~ll ill[ers in the community (ties) for which it has been developed.
The program Is multi-faceted designed for different phases to occur throughout the
·
year.
of The following are major points of the program:
~ Identify potential collection centers. 0RICOM will Identify potential collection
centers throughout the area. This will include a wide variety of retailer types to ensure
that anyone who wishes to participate has the opportunity to do s°.
& Facility certification. ORtCOM will ensure that all facilities that meet its criteria and
can be certified, are certified. We will complete the necessary documents and submit
them to the Sta'te of California for approval. This includes ongoing assistance w°ith
reports and claim forms.
& Equipment. A portion of the funds will be dedicated to the placement of equipment
tO collect used oil If necessary. This could include tanks, drums, funnels or other
devices which are approved by the local fire marshal. --
4, Permits. For storage of hazardous waste will be acquired if they are not already In
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-nviroCom I? ',4-996-9959 MRR 94 15'59 No.O14 P.03
OI~PO~TLINITY OIRANT U~I 011 Recycling, Celifo~ni. Integrated W~.t~ M~nagemant
place. ORICOM will accomplish this.
· Used o/I conta/n&rs. A portion of the funds Will be used'tO ProVide a discount for
retallers who participate in the purchase of containers which will be made available to
the public at no charge for the purpose of transporting used oil.
& Contaminated'eli: A portion of the funds will be set aside, If allowed by the State,
to cover the cost of contaminated o11. These funds Will be placed into a trust account
which can be drawn upon only after a specific set of circumstances have occurred.
& Training. Employees will receive adequate training on how to handle used oil
received from the public Including the completion of paperwork.
· Quarterly report~. ORICOM will complete quarterly reports for certified centers to
ensure that they are accurately filled out and submit[ed on time.
· Non-I~rofit or~/'anlzatlon$. Substantial use of non-profit Organizations i.e. Girl Scouts,
Boy Scouts will be employed to pass out information to the public. A significant portion
of this will be door-to-door.
· School outreach. This is a major program segment which includes furnishing
equipment to the schools for the collection of used oil by the auto shop and students
who wish to bring it to school. This segment includes an educational material portion
including a video tape.
· Associate recycl/ng centers. This concept is explained more thoroughly in another
section.
· Outreach. A small percentage of the budget will be used to support an outreach
program which Includes signs, banners and other information notifying the public at
the point of purchase where they can have used oil disposed of.
ASSOCIATE RECYCLING CENTERS
..
It is not possible for all retailers to accept used oil from the public due to policy issues,
fire codes, etc. A significant number of these retailers would otherwise like to
participate in the program. We will call them "associate recycling centers'. The
associate members will be responsible for making containers available for the public
to use in transporting used oil to recycling facilities. These facilities agree to provide
informational pamphlets to consumers indicating where they can have a variety of
automotive waste-recycled including used oil.
As an associate member, they must allow the on site collection of used oil at least once
each quarter during a special "round-up" opportunity coordinated with the used oil
collection firm. They agree to notify their customers at least 30 days in ad-vance of
the next date. Tho cost of lhe round-up will be paid for by the program. The purpose
of this element Is to ensure that those individuals who do not wish to travel further than
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copyright OPJCOM
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EnviroCom 714-996-9959 Mf ,?'94 16'00 No.O14 P.04
OPPORTUNITY OFLAN'I' ~JeeKI 0;t Rec~:~ir~o , CiJtfor~e Inte0reted Wiete M~ni0e~nt
-the point where they purchased the oil, would have en opportunity occasionally to .......
deposit their used oil.
RECYCLING
Significant empl~asls Is placed upon the destination for the used o11. Arrangements will
be made with the two refiners of used oil to provide collection services. This ensures
that the destination facilities are permanently permitted and that the used oil will, in
fact, be recycled according to the U.S. Government's definition.
RECYCLING CENTER GOALS
It is imperative that multiple reCycling centers be developed. At least one recycling
center will be developed for each square mile. A maximum outreach effort will be made
to every retailer of automotive services in the community and areas where collection
will be suitable..
COST OF USED.OIL RECYCLING
No funds save those developed for round-ups will be expended on The collection of used
oil. The program is written in such a manner that participant~ will have the opportunity
to claim the $ .16 per gallon allowance back on all used oil collected from the public
in addition to the used oil which they collect. Further, there is an incentive because
of the advertising and outreach element to participate in the program. There is
absolutely no need to expend any funds on used oil collected for recycling.
CONTESTS
Area students in grades 5 Through 8 will be offered the opportunity TO participate In
an awards program for developing the best message regarding the proper recvcling of
used oil. There. will be a award for each grade. The winning child's parent will be
offered 4 oil changes at a local repair facility during the following 12 months. The child
will be provided with a $100 U.S. Savings Bond.
The winning suggestion w, ill be adopted into the program where practical.
Postage paid response cards will be provided to the first 200 consumers who bring their
used oil back to the various centers. The cards, when completely filled out and mailed
back to ORICOM, will entitle the respondent to the next oil change at no charge. The
retailer will co-op this so that the cost is relatively insignificant, al: no more than $3.00
per person. '-
USED OIL FILTERS
Containers will be placed with selected retailers for a 90 day test on the collection of
used oil filters. Plastic bags will be provided to consumers during the 90 day test so
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copyright ORICOM 4
EnviroCom
lb' ~,~-996-9959
M~R ~'94 16'01 No.O1A P.05
OPPORTUNITY GRANT Ue~l Oil Rec"vol;n0, Cellfomie
that they can wrap their filter up and bring it beck. Funds will be set aside To partially
cover the cost of used oll filter recycling and the. cost of plastic bags and plastic bag
recycling. It is our Intention to communicate with the National Filter Council for funds
to support the program which could include collection of used oil filters in all locations.
OTHER CONCEPTS;
There are many other concepts which can be Included. The essential purpose of
any program segments is to communicate that used oil should not be Improperly
disposed of. Programs will include the largest number of groups, retailers and
others.
IMPLEMENTATION:
o.
ORICOM will not ohly develop the program proposal and complete the documents
necessary for s[Jbmission to the Integrated Waste Management Board. After
approval of the proposal, we will begin to implement the program and manage it
during the year.
Maximum involvement from private business is a key ingredient in our programs.
There are funds=available from product manufacturers and retailers who need to
participate for their own benefit. We know the organizations and business firms
and why they should participate.
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