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RESOLUTION NO. 2010-310
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE
DEPARTMENT TO APPLY FOR AND ADMINISTER THE 2010
ENVIRONMENTAL ENFORCEMENT AND TRAINING GRANT APPLICATION
TO BE SUBMITTED TO THE CALIFORNIA ENVIRONMENTAL PROTECTION
AGENCY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager or his designee is authorized to apply for and
administer the 2010 Environmental Enforcement and Training grant submitted to the
California Environmental Protection Agency. A copy of the grant application is attached
as Exhibit "A" and incorporated herein by reference.
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2010-310
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE
DEPARTMENT TO APPLY FOR AND ADMINISTER THE 2010
ENVIRONMENTAL ENFORCEMENT AND TRAINING GRANT APPLICATION
TO BE SUBMITTED TO THE CALIFORNIA ENVIRONMENTAL PROTECTION
AGENCY.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular meeting
thereof, held on the 20th day of September
,2010, by the following vote, to
wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
x
x
DESJARDINS
BRINKER
x
x
SHORETT
KELLEY
x
JOHNSON
x
MCCAMMACK
x
~;6, ~
Racliel G. Clark, City Clerk
City of San Bernardino
The foregoing Resolution is hereby approved this~~day of SeptembeF20l0.
~ Q ,,~-
Approved as to form:
Tobin Brinker, Mayor Pro Tern
City of San Bernardino
JAMES F. PENMAN, City Attorney
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2010-310
E.xhiP...it ",4"
e CalfEPA ~Q)~lf
Environm.ental Enforcem.ent
and Training Grant Program.
(Penal Code sections 14300)
2010 Grant Application
Background:
The Environmental Enforcement and Training Grant Program is found in Penal Code sections
14300, et seq., and Title 27 of the California Code of Regulations at sections 10010-10018. The
purpose of these grants is to provide financial assistance for environmental enforcement and
related training programs to enhance statewide enforcement of environmental laws. The secretary
may award grants to public and private nonprofit organizations for:
1) Training public prosecutors, peace officers, firefighters, and state or local
environmental regulators in the investigation and enforcement of environmental laws;
and/or
2) Local environmental regulators for the enforcement of environmental laws.
The actual amount of grant funding available is dependent on the amount of money deposited into
the Enforcement and Training Account from settlements and other donations.
Application Deadline:
Applications must be postmarked or hand delivered by no later than 5:00 p.m. on September 30,
2010.
Where to Submit Applications:
Cal/EPA Office of the Secretary
Environmental Enforcement and Training Grants Program
Attn: Jami Ferguson
1 001 I Street
Sacramento, California 95814
For additional information contact:
Jami Ferguson (916) 322-2935
E-mail Address:jferguson@calepa.ca.gov
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2010-310
Eligibility:
. Individuals are not eligible to receive grants.
. Private nonprofit organizations or public entities may submit a grant application.
. Applicants that have previously received grant funds may be eligible for future grant awards.
. Organizations that have not received previous grants under the Environmental Enforcement
and Training Grant program may receive preference over organizations currently or
previously receiving grant awards.
. Local environmental regulators may request local assistance grants to assist in the
enforcement of environmental laws, based upon a showing of substantial need and a lack of
other available funding sources.
. Applications that propose projects that are inconsistent with CaI/EPA's statutory authority
are ineligible for funding.
Grant Criteria:
The Secretary will award grants based upon the following criteria:
. The Secretary will consider only one application per applicant for a given project. Applicants
may submit more than one application if the applications are for separate and distinct
projects or activities.
. Applications will be evaluated based on the merit of the proposed project in comparison to
other applications. Past performance may be considered during the evaluation process for
those applicants who have received previous grants.
. California Law requires Cal/EPA to conduct its programs in a manner that ensures the fair
treatment of people of all races, cultures, and income levels including minority populations
and low-income populations in the State. Receipt of grant funds is conditioned on the
incorporation of environmental justice objectives as they relate to environmental
enforcement into any proposed training courses. Training courses should include, as
appropriate, one or more of the following components:
(1) Developing an understanding of environmental justice laws and principles.
(2) Developing targeted enforcement projects or plans benefiting communities most
burdened by pollution sources or impacts.
(3) Ensuring public participation and information sharing whenever possible.
. Applicants may receive grants to develop a new activity or substantially improve the quality
of existing programs upon a showing that the project will have a direct impact on
environmental enforcement and/or training activities.
. The Secretary will review and consider the responsiveness of the work plan to Cal/EPA's
environmental enforcement and training objectives, the overall effectiveness of the project
design, the clarity of the measures of success and the qualifications of project staff.
Information concerning the enforcement and training program at Cal/EPA can be found at:
htto:/Iwww.caleoa.ca.Qov/Enforcementl
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2010-310
Restrictions on Grants:
(1) Grant funds can only be used for the purposes set forth in an approved narrative/work plan,
and must be consistent with the statutory authority for the award.
(2) Grant funds cannot be used for lobbying, or intervention in state or federal regulatory
proceedings.
(3) Grant funds cannot be used for matching state or federal funding.
(4) State law requires all grantees to certify and assure that they will comply with all applicable
state laws, regulations, and requirements before receiving funds.
Reporting Requirements for Grant Recipients:
Grant funded projects should be completed within the time frames set out in the work plan. The
recipient organization is responsible for the successful completion of the project and submission of
required reports.
(1) All recipients must submit quarterly and final reports to the Secretary within 30 days of
the end of the quarter or end of the project for final reports. Failure to submit reports
may result in termination of the grant.
(2) Unused grant funds remaining at the end of the fiscal year may returned or if approved
by Cal/EPA, extended for use in the following focal year.
(3) Cal/EPA may require an audit or financial accounting from a grant recipient at any time.
Selection of Grant Recipients:
Applications will be screened to ensure that they meet all requirements described in the statutes
and regulations governing the program.
. After all applications are received, acknowledgements of receipt will sent to all applicants.
. Factors in the selection process may include geographic and socioeconomic balance;
diverse nature of the projects, cost, and projects whose benefits can be sustained after the
grant is completed.
. Once applications have been recommended for funding, additional information may be
necessary to complete the award process, such as tax identification numbers. Approved
applicants may be required to complete additional government forms prior to receiving grant
funds.
. All applicants are informed as to the decision on their application.
Decisions of the Secretary concerning grants are final and not subject to appeal.
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2010-310
Please provide all information requested.
Additional pages may be attached as necessary.
Name of Organization: San Bernardino City Fire Department
Mailing Address: 200 E. Third St
Post Office Box:
City/State/Zip Code: San Bernardino CA 92410
Telephone: 909-384-5286
Fax: 909-384-5432
E-Mail:
cooke_na@sbcity.org
Website Address:
Person with day-to-day responsibility for the project: Nathan Cooke
Title: Captain/ Haz Mat Investigator
Telephone: 909-844-3710
Fax:
909-384-5432
E-Mail:
cooke_na@sbcity.org
Supervisor's Name: Mat Fratus
Title: Deputy Chief
Telephone: 909-384-5286
NarrativelWork Plan:
1. In a concise format, please generally describe the proposed project.
SBFD formed a new division of the Fire Department in 2008 to combat illegal dumping of Hazardous
Materials and Hazardous Waste. The division is formally known as the Hazardous Materials
Investigation Unit (HMIU). This unit investigates all illegal dumping, transportation, and storage of
Haz Mat in the City of San Bernardino. All investigations are forwarded to the San Bernardino
County District Attorney's Office Special Prosecutions Group for prosecution.
2. Identify the specific environmental enforcement and/or training objectives to be addressed by
the project.
The HMIU conducts proactive surveillance operations of suspects and businesses suspected of illegal
dumping pertaining to Health and Safety Code 25189 and Penal Code 374.5.
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2010-310
3. Identify the enforcement and/or training target audience and how the organization intends to
reach this audience.
The audience HMIU reaches is the businesses within the City of San Bernardino that store, transport,
or deal with Haz Mat or Haz Waste. The HMIU reaches this audience through aggressive public
education and proactive policing.
4. Identify the environmental programs and/or statutes to be addressed by the project.
The HMIU strives to protect the environment and the citizen's of San Bernardino by aggressively
enforcing the Penal Code, Health and Safety Code, Municipal Code, and Public Recourses Code.
5. Provide a description of the requesting organization.
The San Bernardino City Fire Department is an "all risk" organization dedicated to protecting lives,
property and the environment.
6. How long has the requesting organization been in existence?
The San Bernardino City Fire Department has been in existence since 1901.
7. Has the organization has been successful with a similar project in the past?
This would be the second project that HMIU has conducted utilizing CAL/EP A funds. The last project
was very successful. The HMIU participated in the San Bernardino County Environmental Crimes
Strike Force during the project period. The HMIU investigated over thirty environmental crimes cases
which led to the prosecution of several businesses and suspects.
8. Describe the environmental justice component of the program required under California Code of
Regulations 10016(b)(3), or the reason(s) such a component is not included in the project.
The HMIU conducts its program in manner that ensures the fair treatment of people of all races,
cultures, and income levels. Our agency has earned the respect of the citizens and businesses of San
Bernardino and will continue to hold true to our values. Our Investigators are POST certified and
have been trained by the EPA (Advanced Environmental Crimes Investigation Course).
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2010-310
9. Describe project completion plans/time frames and expected results.
The San Bernardino City Fire Department is committed to HMIU and this will be a permanent
division of the Fire Department as long as there are businesses in the city that pose a threat to the
public and the environment with Hazardous Materials and Hazardous Waste.
10. Explain how the applicant will evaluate and measure the success of the project, including the
anticipated benefits and challenges in implementing the project.
The HMIU will measure our success by monitoring the illegal disposal and dumping of Haz Mat and
Haz Waste. We anticipate the benefits of our program to allow or citizen's to live in a city without fear
of being exposed to Haz Mat unnecessarily. Our continued biggest challenge is securing funding for
our program.
11. Provide a succinct explanation of how the project may serve as a model in other settings.
The HMIU has been designated as the Local Enforcement Agency by the California Integrated Waste
Management Board with responsibility to enforce all laws pertaining to Waste Tire Enforcement.
Many surrounding agencies have contacted or unit in order to obtain information to implement
similar programs in their respective jurisdictions.
Required Supporting Materials/Documentation:
Cl Budget projections supporting the work-plan narrative.
Cl Resumes of key personnel who will be significantly involved in the project, including the
project lead.
Cl Documentation to support the organization's non-profit status.
CI Letter(s) of commitment - if your proposed project includes the significant involvement of
other organizations.
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2010-310
Certification and Sianature:
A person authorized to act on behalf of the applicant organization must sign this
application.
I HAVE BEEN AUTHORIZED BY THE APPLICANT ORGANIZATION TO COMPLETE AND SIGN
THIS APPLICATION ON ITS BEHALF. TO THE BEST OF MY KNOWLEDGE THE
INFORMATION CONTAINED IN THIS APPLICATION, INCLUDING THE WORK PLAN AND
SUPPORTING DOCUMENTATION, IS TRUE AND ACCURATE.
Signature: ~ ~ ~..vz-=
-:D-ebrc<- 4<? U[~ tC..c-
(Please Print)
,
j~.C~ ~~t)
Name:
Title:
Telephone No.: ~DC\) ~~ - S1Y)...~
Fax No: (9 Dtl) .3 ?fLf - 51 ~51
E-mail Address: k ~ tz,\. -~ v@ ~ be It\.j . c~
Thank you for your interest in the Cal/EPA Environmental Enforcement and Training Grant
Program. You will be notified of the Secretary's decision concerning this application and any
necessary follow-up within 90 days of the close of the application period.
7
2010-310
CALI EP A
2010 ENVIRONMENTAL
ENFORCEMENT & TRAINING GRANT
Budget Projection
Plan
Total Amount Requested: $30,000
Personnel Cost:
$25,000
Cost will be incurred and shared amongst three Hazardous Materials Investigators. These are full time Fire
Personnel assigned to Engine Company Operations. As a collateral duty they conduct investigations of
Hazardous Materials Incidents, case follow up, and surveillance activities. These activities are conducted on
their normal off duty days and require overtime reimbursement.
Equipment Cost: $5,000
Cost will be incurred through the purchase of Investigator related equipment to outfit a new Hazardous
Materials Investigator.
Uniforms: $800 (Uniform Shirts, Uniform Pants, Boots, Jacket, Belt)
Ballistic Vest: $1,500
Duty Weapon: $1,200
Less than Lethal Duty Equipment: $1,000 (ASP, Taser, Pepper Spray)
Equipment Holders/Holsters: $500
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2010-310
INTENTIONALLY LEFT BLANK
WILL REPLACE WITH THE CITY OF SAN BERNARDINO
RESOLUTION
AFTER APPROVAL GRANTED
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2010-310
INTENTIONALLY LEFT BLANK
WILL REPLACE WITH THE CITY OF SAN BERNARDINO
RESOLUTION
AFTER APPROVAL GRANTED
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2010-310
INTENTIONALLY LEFT BLANK
WILL REPLACE WITH THE CITY OF SAN BERNARDINO
PERSONNEL RESUMES
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