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Home My WebLink About2010-052 . , RESOLUTION NO. 7010-')7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE APPLICATION FOR WASTE TIRE ENFORCEMENT GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE). WHEREAS, funds allocated are available from the California Department of Resources Recycling and Recovery (CaIRecycle) for grants to solid waste Local Enforcement Agencies (LEA) and cities and counties with regulatory authority within the city and county government to perform waste tire enforcement surveys and compliance activities at waste tire facilities; and WHEREAS, the City proposes to continue a Waste Tire Enforcement Program that involves inspection and compliance activities of waste tire facilities, haulers, tire dealers, and auto dismantlers that will reduce illegal stockpiling and disposal of waste tires; and WHEREAS, the City has demonstrated it has sufficient staff resources, 15 16 technical expertise, and experience with similar projects to carry out the proposed 17 18 19 20 21 22 program; and WHEREAS, the grant application was submitted by the deadline date of March 5, 2010. The grant term is June 30, 2010 through June 30, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Submittal of an application to the California Department of 23 24 25 26 27 28 Resources Recycling and Recovery (CaIRecycle) for a Waste Tire Enforcement Grant, a copy of which is attached hereto and incorporated herein as Exhibit "A," is hereby ratified. The City Manager of San Bernardino, or his designee, is authorized to execute all necessary grant documents for the purposes of administering grant funds and to implement and carry out the purposes specified in the application. 21 22 23 24 25 26 27 28 2010-52 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE APPLICATION FOR WASTE TIRE ENFORCEMENT GRANT FUNDS FROM THE CALIFORNIA 2 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE). 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 4 Mayor and Common Council of the City of San Bernardino at a joint regular 5 meeting thereof, held on the 6 7 8 9 10 11 12 13 15th day of March , 2010 by the following vote, to wit: Council Members: Ayes Nays Abstain Absent MARQUEZ x x DESJARDINS x BRINKER x SHORETT 14 KELLEY x 15 16 17 18 19 JOHNSON x x MCCAMMACK a~.h.~ ~ City Clerk 20 The foregoing resolution is hereby approved this /7771 day of March ,2010. Oootr -, J. Morris, r San Bernardino ....1 .... . ..... ..... ..... ..... ...... ..... ... ... January 1,2010 CALIFORNIA NA rURAL RESOURCES AGENCY California Department of Resources Recycling and Recovery (Ca/Recycle) 2010-52 Exhibit "AU Waste Tire Enforcement Grant Program Application, Work Plan and Budget 1th Cycle (TEA 17), Fiscal Year (FY) 2009/10 Table of Contents Application............................................................................. . Staff Contact Information.................................................................... Environmental Justice Certification......................... .............. ...................... Resolution Requirement..................... ............. ....... ........... ................. For Regional Program Onlv - Lead Applicant/Participating Jurisdiction lnfomlation .......................... Work Plan Requirement...... ...................... ......................................... Budget Requirement... ... ............................ .......... ........ .... ............... Acceptance of Grant Provisions......... ............................ .... ...................... Application Celtification ............ ....................... .... ............................. Work Plan (Exhibit C)...................................... .... ............................ Budget !Exhibit D) ........ .............................. ........ ......... .... .............. Application Checklist............................ ... ...... .... ........ ...................... Mailed Applications must be postmarked no later than March 5, 2010. Hand delivered Applications must be received and date stamped by CalRecycle Staff no later than 3:00 p.m. on March 4, 2010. Late Applications will be disqualified. Applications e-mailed or faxed will not be accepted. Please follow instructions in the Application Guidelines and Instructions when completing this Application. The Application Guidelines and Instructions are critical to properly completing and submitting this Application. Applications become the property of CalRecycle and are subject to disclosure under the Public Records Act. Do not submit confidential information. Applications sent by u.s. Postal Service or a commercial delivery service should be sent in a manner that allows for tracking by the sender and that provides an addressed and dated receipt. Failure to do so is at the risk of the applicant and if delivery is delayed or the application is lost by the Post Office or delivery service, the burden is on the applicant to demonstrate timely mailing or delivery of the application State of California Application DRRR243.TEA (Rev. 01/10) 2010-52 California Department of Resources Recycling and Recovery' Waste Tire Enforcement Grant Pro ram _lih C de, FY 2009/10 A licant Information Applicant Name: (Must be a City, County, or City and County) I Requested Ci of San Bernardino i Grant Managing Entity: (Must be an LEA, Code Enforcement Agency, i Amount: $75,797 Environmental Health Agency, or other Agency that has inspection or code I (must be in I enforcement authority) I whole 'I ~lll1lJlOrl1aJ:~il1()~ily!,i,:e))lOPll,:t'!l!l1tu . . ..... ....J d..o~I'!r.sL .. ... . ..... ..... ..... Partici ating Jurisdictions (for regional programs only - attach additional sheets as needed) Applicant Mailing Address: 200 E. Third Street City San Bernardino Primary Contact Name: County San Bernardino Signature Authority Name: (as authorized in resolution) Deborah Allen Title: Environmental Projects Mana er Telephone Number: I (909)384-55549 I Fax Number: (909384-5190 Email Address: Allen de sbcit .or I Legislative District Number (go to I www.calrecvc1e.ca.gov/profiles/iuris/ to find the I Applicant's DIstrIcts ! Assembly: Senate: '! 62 Charles McNeel Title: City Manager Telephone Number: (909 384-5122 Fax Number: Zip Code: 92140 Authorized Designee Name: (if applicable, as authorized in letter of designation) RANDY KUETTLE Title: Acting Director of Public Services Telephone Number: (909)384-5140 Fax Number: Federal Tax Identification Number: 95-60000772 Staff Contact Information -----------.------.-- ,-----._------------------- --------------~------------ List information for all field staff, program supervisors, and managers that will work on the Waste Tire Enforcement Grant Pro am. Name 32 Title Phone Number Em.it Address Sarah Pearson Nathan Cooke Jeff Novinger Judy Croteau Enrique Llamas Al Martinat Tracy Shaw Deborah Allen Fire Prevention Sup. Haz-Mat Investigator Haz-Mat Investigator Fire Prevention Officer Fire Prevention Officer Fire Prevention Officer Fire Prevention Officer Environmental Projects Manager 2010-52 u 1~~~~1~:~~~~~--------'1 ~:a~~:~~~~~~;:~~;g~--l (909)384-5299 _ Novinger-.Je@sbcity.org (909)384-5388 I Croteau-.Ju@sbcity.org (909)384-5388 I Llamas_en@sbcity.org (909)384-5388 I Martinat al(iVsbcitv.org (909)384-5388 _ Shaw tr(cilsbcitv.org , (909)384-5549 I Allen_de@sbcity.org I I ! _! u_____________ .. .. j________._______ .. _________...___1 3 Environmental Justice Certification i rn____n~________________________nn_n__________________-------------------- . -----.---------l ' Entities that receive Grant funding from CalRecycle must comply with the principles of Environmental Justice, which is defined as "the fair treatment of people of all races, cultures, and incomes with respect to the , development, adoption, implementation, and enforcement of environmental laws, regulations, and policies." (Govt. CodeS65040.l2(e)). Public Resources Code S7II lO(a) broadly requires all boards, departments and 1 .ffi= .f"" C.lifum" Eo_W "'.""'0. Ag'.oy " m.d"" """ ~ti,;ti" ".f ,.Ii,".ti.I1, ""''' I human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state." I Must check box -T , I___m_~.."._"___~____.___.______-+-__________.___._.______.________________ ___..____________._.._.___.m._.________mm___________~___________.__~_._.._m___.m____, I ~ 'I' The Applicant acknowledges that its organization must comply with these principles of ' Environmental Justice. I ,.......",--"--,-------------_.............,,,----------.............-. ...' Resolution Requirement I , ,________,.,..,.S,ee,AEpli""lig,n_{nslruclion_s[orJleso1~lion_"~<!.f.et.ler ofJ2esignati9_n_(fODJ.ln[orrnotl,,,"-ond_examf'.(e!c.,., ' 1l\flJstEh~Ei<Ql'/F;~fthefoUo,\\,il1gboxes: ..____ _ n _n .. m . ....._...._ I , An approved Resolution valid for a period of up to 5 years, and, if applicable, a current ~ Letter of Designation (LaD) designating an additional authorized signatory, is enclosed __n________ _'\\'\!J.1.!h_~~EPlicatiol!..._ n __._._.____.n____~______~__n_______ ""'1' A Resolution will be submit under separate cover. The Applicant acknowledges that the i approved Resolution must be received by CalRecycle no later than April 2, 2010. The i Applicant further acknowledges that if the Resolution is received after this date, the I ~pplicatiol!\Vi.ll_~~~\~.9.lJ.~lifi':'~'--_ . ... ._. ....,... ._.._ ". .,JI()J:~~gi()llllll)rC)grlll1l(>llly-I:'eaIlApI'Iic_llllt[l~Il!ti~Jpll.t!!J.g~llris_dictiollIllforl1l11ti().Jl Regional programs have one lead jurisdiction and at least one participating jurisdiction. In addition to the resolution for the lead Applicant, Applications must also include ONE of the following authorization documents for each participating jurisdiction. Note: The inclusion of the participants' names in the lead c. Applicant's resolution does not take the place of the authorization document. IMIIs.t clle,,-k()~.F;ofthe follolVillgl:l().>=esi[th_~~pp)i_c~ti()IlJsfl)r_.._~egionaI)'rogralll . _. ... .__ I A resolution from each participating jurisdiction authorizing the lead Applicant to act on I III its behalf as both Applicant and Grant Administrator (entity that implements the Grant Progr~U12isllttll':'l:1~~t()tl:1e~ppli.clltion. . .m_n__ _ __._._ A Letter of Authorization from the Town/City/County Administrator from each participating jurisdiction stating that the jurisdiction wants to participate in the regional program and authorizing the lead Applicant to act on its behalf as both Applicant and gr~t~dl11il!istratorisattacl:1e~t()tl:1e~ppligllti()l!:___ _.._ A copy of a Memorandum of Understanding specifically for this Grant from each participating jurisdiction authorizing the lead Applicant to act on behalf of the jurisdiction both as A licant and Grant Administrator is attached to the A Iication. State of California Application DRRR 243- TEA (Rev. 01110) I!IlIil JIJ . Must check box ~ 2010-52 California Department of Resources Recycling and Recovery A Budget is attached to the Application and has been TireEnforcement (Dcalrec cle.ca. ov. to 4 State of California Application DRRR243-TEA (Rev. 01/10) 2010-52 California Department of Resources Recycling and Recovery I By checking this box, the Applicant acknowledges that submittal of this Application I i constitutes acceptance of all Grant Agreement provisions as contained in the Terms and i i Conditions and Procedures and Requirements. Go to I I htlP:I Iwww.calrecvcle.ca. gOY ITires/Grants/Enforcement/FY2009l 01 dej,mlt.htm I to obtain those documents. I r.---==---=:--"-------:::--:---=Appli~llti~~~:e;:tiii~ati~i . ...-----------::........----, , Certification: I declare, under penalty of perjury, under the laws of the State of California, that I I have read all information in the Application Guidelines & Instructions and that all information I i submitted for CalRecycle's consideration for award of Grant funds is true and accurate to the best i of my knowledge. II IX Signature Authority 1 Authorized Designee (as authorized in Resolution, or Letter of Designation) Date Randy Kuettle Print Name Acting Public Services Director Print Title 5 2010-52 Work Plan (Exhibit C) Waste Tire Enforcement Grant Program - 1ih Cycle, FY 2009/10 General All work performed must comply with the TEA 17 Grant Agreement, including but not limited to the Terms and Conditions, Procedures and Requirements, Budget and Work Plan. All Work Plan change requests must be submitted in writing to the CaIRecycle Grant Manager and may only be implemented after a written approval is received from the CalRecycle Grant Manager. When Payment Requests are submitted, no claim may be made for the direct cost of any item or component that is included in any other rate, such as a Board of Supervisors or City Council labor rate, or an administrative, overhead, or indirect cost rate. Additionally, employee hours will be valued at the labor rate in affect at the time the work was performed. Task #1 - Inspections Only Task #1 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CaIRecycle Grant Manager for TEA 17, will be performed. Estimated number of inspections to be performed during TEA 17 is 260. When a Payment Request is submitted, only labor costs will be claimed under Task #1. Inspections will be performed in accordance with the following priorities: 1. Inspect unpermitted and/or illegal waste tire piles, and other waste tire violations, that pose an immediate risk or threat to public health and safety, and the environment. 2. Inspect waste tire locations, operations, and issues in response to requests or complaints received from the general public, and from business and government representatives from within the Applicant/Managing Entity's own jurisdiction. 3. Inspect waste tire locations, operations and issues as requested by CalRecycle. 4. Reinspect TPIDs within 30 days of the compliance deadline when a Notice of Violation is issued and documented on an inspection report. 5. Inspect active* permitted major and minor waste tire facilities. 6. Inspect active* TPIDs that have never been inspected. 7. Inspect all other active* TPIDs that accept, generate or store more than 500 waste tires. 8. Inspect all other active* TPIDs that accept, generate or store 500 or fewer tires. Closed* and inactive* TPIDs will only be inspected if a referral, complaint, or request is received, or if inappropriate or illegal activities are suspected or observed. * Active, inactive and closed refers to the TPID's Operational Status per CalRecycle's Waste Tire Management System (WTMS). 6 2010-52 Inspections will be performed in accordance with the following: · A maximum of one routine inspection will be performed per TPID during TEA 17. · A maximum of two re-inspections will be performed per TPID during TEA 17 if a Notice of Violation was documented during the previous inspection. · Referral inspections will be performed as needed if a referral, complaint, or other urgent information about a possible waste tire violation is received. If an inspection is performed for any ofthose reasons, the information received which necessitated the inspection will be noted on the Inspection Report, and "Referral" will be marked as the Inspection Type on the Survey Form, DRRR 181. · A maximum of one observation inspection will be performed per TPID during TEA 17, and is allowed under limited circumstances. If an Observation inspection is performed, the observation that prompted the spontaneous inspection will be noted on the Inspection Report, and "Observation" will be marked as the Inspection Type on the Survey Form, DRRR 18 I. It is understood that to qualify as an Observation inspection, the Inspector must already be in the field and be prompted by an observation to perform a spontaneous inspection, and that the observation must generally be something that appears to be in violation of applicable waste tire laws and regulations. Additional inspections beyond the previously listed maximums will only be performed if pre- approved in writing by the CalRecycle Grant Manager. Task #2 - Enforcement Only Task #2 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CalRecycle Grant Manager for TEA 17, will be performed. When a Payment Request is submitted, only labor costs will be claimed under Task #2. Additional costs may only be claimed if pre-approved in writing by the CalRecycle Grant Manager for TEA 17. Total costs claimed under Task #2 will be equal to or less than 75% of total costs claimed under Task #1. Participate in multi-jurisdictional or multi-departmental task forces, working groups, etc. which are listed and described below: I. San Bernardino County Environmental Crimes Strike Force (Federal, State, & Local Environmental Enforcement Agency Task Force) 2. 3. 4. 5. 6. 7 2010-52 Task #3 - Outreach Only Task #3 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CalRecyc1e Grant Manager for TEA 17, will be performed. When a Payment Request is submitted, labor costs and CalRecycle pre-approved materials, supplies and other costs may be claimed under Task #3. Provide waste and used tire permitting, storage and hauling information, advice, and assistance to the regulated community and general public. Participate in outreach events to the regulated community and general public which are listed and described below: Description of each outreach event Information that will be __~~vj~~<!_______ General description of who will attend Purchase items and services listed and described below: (items and services such as nominal promotional giveaways, creating and printing brochures, etc.) I. Create and Print Public Education Brochures 2. 3. 4. 5. 6. Task #4 - Grantee Training Only Task #4 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CalRecycle Grant Manager for TEA 17, will be performed. When a Payment Request is submitted, labor costs and CalRecycle pre-approved other costs may be claimed under Task #4. All costs claimed must be for tire enforcement staff attending CalRecyc1e mandatory and pre-approved non-mandatory training. Attend all mandatory Tire Enforcement Round Tables, Tire Enforcement Grant Management Workshops, and amlUal Training Symposium. 8 2010-52 Attend non-mandatory training listed and described below: r---N~e of each class --~scriptionofthe chlssand how it relates t(land benefits-the: to be attended . enfor~(l!pent_ofwasteJir';:J~ws and regulatiolls_____---1 u____1 i , -.-.1 I Task #5 - Grant Management Only Task #5 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CalRecycle Grant Manager for TEA 17, will be performed. When a Payment Request is submitted, only labor costs may be claimed under Task #5. Prepare and submit mid-year Performance Report, Payment Request, and all other required documents no later than March 31, 20 II. Prepare and submit final Performance Report, Payment Request, and all other required documents no later than September 30,2011. Task #6 - Equipment. Materials & Supplies Only Task #6 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CalRecycle Grant Manager for TEA 17, will be performed. When a Payment Request is submitted, only CalRecycle pre-approved equipment, materials and supplies actual costs will be claimed under Task #6. When a Payment Request is submitted, the amount requested under Task #6 for reimbursement of actual equipment, materials and supplies costs will be equal to or less than 10% of the approved actual expenditures for all tasks. Purchase equipment, materials and supplies listed and described below: (See the Procedures and Requirements for eligible items) t----- - --- Description of items to be purchased -~---------~--- ---- ----- -----~- Cell Phones - ------- - - - Cell Phone Service Monthl _ Work BCJots (Steel T()ed)_ Binoculars Flashli ts Ma&Liggt)__ I Quantity to j)-e--l ..--------1. . purchased J -------- -i~(~~~~~ ~;~~~~26) , ------~-~- r ~~~~~;~)X 2=$300L__~ ---_._-----------------_._._--------~_._----------~---~--I . u_____ ...._. _ ____ ...12-($130 X 2=$260) . 9 2010-52 [-=-_::::~~------- Task #7 - Transportation ~::---___ --1. Only Task #7 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CalRecycle Grant Manager for TEA 17, will be performed. When a Payment Request is submitted, only CalRecycle pre-approved transportation costs will be claimed under Task #7. Total actual costs claimed under Task #7 will be equal to or less than 10% of the approved expenditures for all tasks, up to a maximum of $25,000. Submit mileage usage logs to show the actual mileage driven to perform eligible TEA 17 activities. If a milea e rate will not be used, describe the actual items/costs that will be claimed The vehicle listed and described below will be purchased during TEA 17: 1------ ~_(:~criPtion()('{<'l1ic1et()~ep\lrChased--- P;~;~:B~eo~~~;~~;~~~~~i~~i~~r__1 Owned, leased, or rented vehicles supported with TEA 17 funds will be used primarily to perform eligible activities described in the TEA 17 Grant Agreement. Task #8 - Small Tire Pile Cleanup Only Task #8 eligible activities described in the TEA 17 Procedures and Requirements, or those pre-approved in writing by the CalRecycle Grant Manager for TEA 17, will be performed. When a Payment Request is submitted, labor costs and CaIRecycle pre-approved other costs will be claimed under Task #8. All costs claimed will comply with the maximums allowed in the TEA 17 Procedures and Requirements. In addition to cleaning up tires found on public rights-of-ways that are within our TEA area of responsibility, small tire piles will be cleaned up at the locations listed and described below: - --------------n:----~----' Estimated # of i Nanle of Site Waste Tires at Owner ' Site 10 2010-52 Budget (Exhibit D) Waste Tire Enforcement Grant Program - 17th Cycle, FY 2009/10 Eft dh I I b s Imae ourlY ,a or ra e or was e Ire en orcement sta : Name Classification Hourly Rate Nathan Cooke Haz Mat Investi!!3tor Captain 57.36 Jeff Novinl!er Haz Mat Investil!ator 47.50 Sarah Pearson Fire Prevention Officer SuP. 43.83 Tracy Shaw Fire Prevention Officer 43.83 Jndy Croteau Fire Prevention Officer 43.83 Enriqne Llamas Fire Prevention Officer 43.83 AI Martinat Fire Prevention Officer 43.83 Deborah Allen Environmental Projects 43.65 Manager t fi t f fi ff When a TEA 17 payment request is submitted, employee hours will be valued at the labor rate in affect at the time the work was performed. Task 1 - Inspections Estimated total cost of all Inspection related activities $34187 Task 2 - Enforcement Estimated total cost of all Enforcement related activities Total cost for Task 2 must be less than or equal to 75% of the total cost of Task 1. $25640 Task 3 - Outreach Estimated total cost of all Outreach related activities $873 Task 4 - Grantee Training Estimated total cost of all mandatory Grantee Training related activities Estimated total cost of all non-mandatory Grantee Training related activities $7298. $0 Task 5 - Grant Management Estimated total cost of all Grant Management related activities $2619 Task 6 - Equipment, Materials & Supplies Estimated total cost of all Equiprnent, Materials & Supplies to be purchased Total cost for Task 6 must be less than or equal to 10% of the total costs of all Tasks. $5180 Task 7 - Transportation Estimated total cost of all Transportation related activities Total cost for Task 7 must be less than or equal to 10% of the total costs of all Tasks, up to a maximum of $25,000. $0 Task 8 - Small Tire Pile Cleanups Estimated total cost of all Small Tire Pile Cleanups Total cost for Task 8 may be $25,000, or 10% of the total grant amount awarded, whichever is greater. $0 11 2010-52 Requested Grant Amount $75797 ------- ------ Application Checklist This application checklist is provided for your convenience and is not intended to be all inclusive. Prior to submitting your application, check the Q&A web site at http://www.calrecvcle.ca. gov/Tires/Grants/Enforcement/FY20091 O/default.htm for additional information. A licants are res onsible for corn letin and subrnittin all re uired documentation. 1 I", !!I !!I All applicable infoffilation and documents are provided; applicable boxes are checked. Application Certification is signed by the: Ill) Signature Authority as authorized in Resolution , 2) Authorized Designee. Authorized Designee may sign only if the Letter of Designation has been submitted to CalRecycle. - - Approved Resolution is included with Application; box is checked, or If applicable, approved Resolution not submitted with Application but will be submitted to CalRecycle for receipt by April 2, 2010; box is checked. If applicable, Letter of Designation (LOD) is included with Application. A LOD is not required to be submitted with the Application; however, it must be submitted prior to I Designee's exercise of his/her authority. I!!I Copies: One application with original signature (blue ink prefcrred) 1 1 !!I, Paper: 8Y, X II, printed double-sided, single spaced, on 100% post consumer fiber, and numbered ! I I consecutively 1 !!I i- Stapled, not bound: upper left-hand corner i!!l Font: Comparable to 12 pI. Times New Roman !!!I Addressed to the appropriate mailing address of CalRecycle --"-----_._.---~------._--------------------------~--_..----~---------_.~------------~.__.---------------_._- 12