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HomeMy WebLinkAbout12- Fire CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION( Q Gin A I From: Mat Fratus, Deputy Chief Subject: Resolution authorizing the San Bernardino City Fire Department to apply for and administer the 2010 Environmental Enforcement and Training Dept: Fire Grant application to be submitted to the California Environmental Protection Agency. Date: September 8, 2010 MC/C Meeting Date: September 20, 2010 Synopsis of Previous Council Action: 03/02/09 Resolution#2009-38 ratifying the submittal of a grant application to the California Environmental Protection Agency in the amount of$20,000 and authorizing the Fire Department to administer the grant. RECOMMENDATION: Adopt resolution. i Signature Contact Person: Mat Fratus Deputy Chief Phone: (909) 384-5286 Supporting data attached: Staff Report Resolution and Grant Application Ward: Citywide FUNDING REQUIREMENTS: Amount: $30,000 (in Brant revenue) Source: (Acct No ) To Be Determined Finance: Council Notes: Agenda Item No. 12- STAFF REPORT SUBJECT Resolution 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. BACKGROUND California Environmental Protection Agency (CAL/EPA) has announced the availability of grant funding for Fiscal Year 2010 Environmental Enforcement and Training Grant. CAL/EPA is charged with developing, implementing and enforcing the state's environmental protection laws that ensure clean air, clean water, clean soil, safe pesticides and waste recycling and reduction. CAL/EPA has been encouraging the creation and support of local and regional task forces dedicated to the deterrence, detection, investigation and prosecution of environmental violations. CAL/EPA established the Environmental Enforcement and Training Grant Program as authorized by Penal Code Sections 14300 et seq. and Title 27, Section 10014 of the California Code of Regulations. The program provides a non-general fund source of financial assistance for environmental enforcement, education and training to enhance statewide enforcement of environmental laws. i The Fire Department is preparing a grant application to CAL/EPA for funding associated with personnel and equipment casts (Exhibit A). This will allow our Hazardous Materials Investigators to continue to conduct proactive surveillance operations of businesses suspected of illegal dumping pertaining to Health& Safety Code 25189 and Penal Code 374.5. The deadline to submit the grant application to CAL/EPA is September 30, 2010, no exceptions. The performance period for the grant will be twelve (12) months from the date awarded. There is no cost-share or match requirement associated with the 2010 Environmental Enforcement and Training Grant. However, actual amount of grant funding available is dependent on the amount of money deposited into their Enforcement and Training Account. FINANCIAL IMPACT The total amount requested for the Hazardous Materials Investigation Unit is $30,000; of which,there is no cost share or matching funds required. There will be no impact to the City's General Fund. RECOMMENDATION Adopt resolution. I RESOLUTION NO. © P � 1 UUU U RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT TO APPLY FOR AND ADMINISTER THE 2010 3 ENVIRONMENTAL ENFORCEMENT AND TRAINING GRANT APPLICATION 4 TO BE SUBMITTED TO THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager or his designee is authorized to apply for and 9 10 administer the 2010 Environmental Enforcement and Training grant submitted to the 11 California Environmental Protection Agency. A copy of the grant application is attached 12 as Exhibit "A" and incorporated herein by reference. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G - a0- � � i RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE SAN BERNARDINO CITY FIRE DEPARTMENT TO APPLY FOR AND ADMINISTER THE 2010 2 ENVIRONMENTAL ENFORCEMENT AND TRAINING GRANT APPLICATION 3 TO BE SUBMITTED TO THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a meeting 6 7 thereof,held on the day of 2010, by the following vote,to g wit: 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 SHORETT 14 15 KELLEY 16 JOHNSON -- 17 MCCAMMACK 18 19 Rachel G. Clark,City Clerk 20 City of San Bernardino 21 22 The foregoing Resolution is hereby approved this day of , 2010. 23 24 Patrick J. Morris, Mayor City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 28 By: z ExhiiBit "A^ Cal/EPA Environmental Enforcement 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 1001 1 Street Sacramento, California 95814 For additional information contact: Jami Ferguson (916) 322-2935 E-mail Address: jerguson@calepa.ca.gov 1 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 Cal/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: hftp7//www.calepa.ca.gov/Enforcement/ 2 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. 3 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 NarrativeMork 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. 4 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/EPA 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). 5 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: O Budget projections supporting the work-plan narrative. O Resumes of key personnel who will be significantly involved in the project, including the project lead. O Documentation to support the organization's non-profit status. O Letter(s) of commitment - if your proposed project includes the significant involvement of other organizations. 6 Certification and Signature: � 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: Name: (Please Print) Title: (Please Print) Telephone No.: Fax No: E-mail Address: 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 CAL/ EPA 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) allistic Vest: $1,500 Duty Weapon:$1,200 Less than Lethal Duty Equipment: $1,000(ASP, Taser,Pepper Spray) Equipment Holders/Holsters: $500 i 8 INTENTIONALLY LEFT BLANK WILL REPLACE WITH THE CITY OF SAN BERNARDINO RESOLUTION AFTER APPROVAL GRANTED INTENTIONALLY LEFT BLANK WILL REPLACE WITH THE CITY OF SAN BERNARDINO RESOLUTION AFTER APPROVAL GRANTED 10 INTENTIONALLY LEFT BLANK WILL REPLACE WITH THE CITY OF SAN BERNARDINO PERSONNEL RESUMES 11 Panel Review Page 6 of 6 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARDIAMENDMENT 1.AGREEMENT NO. 2.AMENDMENT NO. 3.RECIPIENT NO. 4.TYPE OF 5.CONTROL NO. EM'" '009-FH-00882 0 95-6000772 ACTION W468987N AWARD 6.RECIPIENT NAME AND 7.ISSUING OFFICE AND ADDRESS 8.PAYMENT OFFICE AND ADDRESS ADDRESS Grant Programs Directorate FEMA,Financial Services Branch City of San Bernardino Fire 500 C Street,S.W. 500 C Street,S.W.,Room 723 Department Washington DC,20472 Washington DC,20472 200 East Third Street POC:Walter Pickett 202-7869524 San Bernardino California,92410.4889 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 9093845286X1129 Tom Harrington 1-866274-0960 Norma Camarena 11.EFFECTIVE DATE OF THIS 12.METHOD OF 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD ACTION PAYMENT Cost Sharing From:19-JUL-10 To:18-JUL-12 19JUL-10 SF-270 Budget Period From:15-JAN-10 T0:30-SEP-10 15.DESCRIPTION OF ACTION a.(Indicate funding data for awards or financial changes) PROGRAM NAME CFDA NO. ACCOUNTING DATA PRIOR TOTAL AMOUNT AWARDED CURRENT TOTAL CUMMULATIVE ACRONYM (ACCS CODE) AWARD THIS ACTION AWARD NON- XXXX-XXX-XXXXXX-XXX)(X- +OR(-) COMMITMENT FEDERAL XXXX-XXXX-X SAFER 97.083 2010-Mg-3120GF-25000000-4101- $0.00 $2,769,602.00 $2,769,602.00 $0.00 D TOTALS $0.00 $2,769,602.00 $2,769,602.00 $0.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16a FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See P 'for address) SAFER recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance Is subject to tens and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Titie) DATE N/A N/A 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Bertram Mokeithen Jr 06-APR-10 Go Back