Resolution No. 95751
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RESOLUTION NO. 9575
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF AN
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION FROM THE CALIFORNIA ENVIRONMENTAL
PROTECTION AGENCY
WHEREAS, Assembly Bill 1130 chaptered into law the
Aboveground Petroleum Storage Act ("APSA"), Health and Safety Code
Sections 25270 et seq., to be effective January 1, 2008 and
transferred the responsibility for implementation of the Aboveground
Petroleum Storage Tank Program from the State Water Resources Control
Board to the .Certified Unified Program Agencies; and
WHEREAS, on January 3, 1995, the City Council of the City of
Vernon adopted Resolution No. 6572 authorizing the issuance of a
Letter of Intent to apply as a Certified Unified Program Agency
("CUPA") for implementation of all SB 1082 program elements; and
WHEREAS, on December 5, 1995, the City Council of the City
of Vernon adopted Resolution No. 6719 approving the filing by the City
of Vernon Department of Health & Environmental Control (the "Health
Department") of an application to qualify as a CUPA with the
California Environmental Protection Agency ("CalEPA"); and
WHEREAS, CalEPA certified the Health Department as a CUPA on
December 31, 1996; and
WHEREAS, to enforce certain CUPA programs, the City Council
of the City of Vernon adopted Ordinance No. 1044 on December 3, 1996,
codified as Chapter 13, Article VI of the Vernon City Code; and
WHEREAS, the Health Department is designated as the CUPA to
implement and administrate CUPA programs relating to underground
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Ilstorage, hazardous materials, risk management and prevention and
11aboveground storage tanks; and
WHEREAS, the State of California allocated grant funds for
CUPA's to implement the APSA; and
WHEREAS, the City of Vernon CUPA is eligible to receive
$46,998.37 for the two-year period of January 2008 through December
2009; and
WHEREAS, in accordance with California Health and Safety
Code Section 25270.11 and any grant agreement or amendment with the
Cal EPA, the City of Vernon CUPA shall use its grant funds to
implement the requirements of the APSA; and
WHEREAS, in order to receive APSA grant funds, the Cal EPA
required that an application be submitted by March 1, 2008, and the
Director of Health & Environmental Control executed and submitted said
application on February 25, 2008, subject to ratification by the City
Council; and
WHEREAS, by memo dated March 3, 2008, Lewis Pozzebon,
Director of Health & Environmental Control, recommended that the City
Council approve and ratify the execution of the application filed with
the Cal EPA for APSA grant funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and ratifies the execution and submittal of the application
by the Director of Health & Environmental Control dated February 25,
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2008, for grant funds from the Cal EPA in the amount of $46,998.37 for
implementation of the APSA for the period governing the grant program,
a copy of which is attached hereto as Exhibit A and incorporated by
reference.
SECTION 3: The City Council hereby authorizes and directs
the Director of Health & Environmental Control to act on the City's
behalf in all matters pertaining to the application. The Director of
Health & Environmental Control is authorized and empowered to execute
in the name of the City of Vernon all necessary applications,
contracts, agreements and amendments for the purposes of securing
grant funds and to implement and carry out the purposes specified in
the application and Section 25270.11 of the California Health and
Safety Code, to verify invoice accuracy and to certify the City of
Vernon is in compliance with all applicable laws and regulations.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a certified copy of
this resolution to:
California Environmental Protection Agency
Attn. Jennifer L. Lorenzo
Office of the Secretary - Unified Program Section
1001 I Street
Sacramento, CA 95814-2828
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I SECTION 5: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 17th day of March, 2008.
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Name: LeonisC. M burg
Title: Mayor /
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9 ATTEST:
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11 MAN LA GIRON, Ci y Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9575, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, March 17, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
c
MANUELA IRON; City Clerk
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EXHIBIT A
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION
1. Entity Information:
Name of Grantee: City of Vernon
Name of Project Director: Lewis Pozzebon, Director, Health & Environmental Control Dept.
Address: 4305 S. Santa Fe Ave.
City, Zip: Vernon, CA 90058
Phone: (323) 583-8811 ext. 229
Fax: (323) 588-4320
E-Mail: lozzebon@ci.vernon.ca.us
Name of Grant Contact (if applicable):
Address:
City, Zip:
Phone:
Fax:
E-Mail:
2. Grant Amount: $46,998.37
3. Work plan: (Scope of Work)
The CUPA shall develop a work plan as part of this grant application. The work plan will describe the CUPA's
implementation activities and tasks and a timeline (spreadsheet) that delineates critical and completion dates of
the activities and tasks.
The work plan shall include a brief narrative summary for each activity and task that clearly describes the
activity or task and depicts the steps that will be taken or the methods to be used for completion. The
descriptions should include as much detail as necessary to depict the CUPA's overall implementation efforts
through the period of the grant. The narrative summaries shall also include a discussion of the expected
completion dates of each activity and task. The list of activities and tasks provided below should be used as a
reference to ensure that all applicable implementation activities are addressed.
A timeline (simple spreadsheet format) shall be developed to depict the critical milestones and expected
completion dates for each activity and task identified in the work plan.
APSA City of Vernon GRANT APPLICATION — February 2008
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION
City of Vernon APSA Program Implementation Plan
The City of Vernon CUPA will incorporate the implementation of the Aboveground Petroleum
Storage Act (APSA) Program into the existing Unified Program (UP) structure previously
established for the City of Vernon. The current APSA activities of verifying preparation of Spill
Prevention and Counter Control (SPCC) Plans and non-compliance referrals to the Regional
Water Quality Control Board will -be replaced with administration of the APSA Program,
beginning on January 1, 2008, and full implementation of the Program as soon as inspectors are
certified as adequately trained . The following work plan, and associated timelines for
completion, address all aspects related to the City of Vernon's planned APSA implementation
activities from January 1, 2008, through December 31, 2009.
A. Work Plan
I. Fee Accountability Program
The City of Vernon CUPA will incorporate the APSA Program into the existing Unified
Program (UP) Fee Accountability system with an analysis of costs, fee calculation,
authorization of the fee schedule, the actual amount billed, and the revenue collected.
The fee accountability program is designed to encourage more efficient and cost-
effective operation of the program for which the single fee is assessed. For the APSA
Program, the fee accountability program will be instituted before incorporating it into
the single fee system. The City of Vernon CUPA's fee accountability program includes
the following elements:
o Accounting for: the fee schedule, the actual amount billed, and the revenue
collected;
o Discrete billable services, categorized as general;
o Staff work hours required to implement the APSA program;
o Direct program expenses (including durable and disposable equipment);
o Indirect program expenses (including overhead for facilities and administrative
functions);
o The number of businesses regulated under the APSA Program in the City of
Vernon; and,
o The quantity and range of services provided, including frequency of inspection.
The incorporation of the APSA Program into the Unified Program Fee Accountability
System and Program will be accomplished by March 31, 2009. However, it will be
specified that any APSA fee will not be invoiced until Fiscal Year 2010-11.
II. Unified Program Single Fee System
Prior to January 1, 2010, the Vernon City Council will adopt the APSA program fee as
part of the UP Single Fee system for the City of Vernon CUPA. The APSA Program fee
will be established at a level sufficient to pay the necessary and reasonable costs
2 APSA City of Vernon GRANT APPLICATION - February 2008
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION
incurred by the CUPA in administering the APSA Program, including, but not limited to,
inspections, enforcement, and administrative costs. As part of the single fee system,
the City of Vernon CUPA will provide for a waiver of the APSA Program fees when a
state or local government agency submits a tank facility statement.
By January 1, 2010, the City of Vernon CUPA's "UP Single Fee Invoice" will be amended
to include a line item for the APSA Program fee. Fees for non -recurring APSA Program
activities of the CUPA such as, but not limited to, the fee for an initial permit or special
inspection, may be billed separately from the "UP Single Fee Invoice." Beginning in
January 2010, each regulated business which qualifies for the APSA Program will be
subject to the APSA Program fee as part of the single fee invoice.
The City of Vernon CUPA UP fee schedules will be available to interested parties on the
city Web Site or upon request to the CUPA.
The City of Vernon CUPA's dispute resolution procedures will be amended to
incorporate the APSA Program, which will guide the resolution of fee disputes that arise
between the businesses regulated under the APSA Program element.
III. Staffing Plan
Staff resources for the initial implementation phase (January 1, 2008 — December 31,
2009) of the APSA Program will involve the training and redirection of existing CUPA
staff and the hiring of a consultant. As part of the CUPA's staffing plan and adoption of
the single fee for the APSA Program, the adequacy of proposed staffing resources will
include an analysis of:
1. The number and type of regulated tank facilities within the jurisdiction;
2. An estimate of the annual number of compliance and complaint inspections,
considering cost of the following activities:
(i) Inspections and the related travel, research, analysis of findings, and
documentation;
(ii) Inspection and enforcement activities including warnings, notices, meetings,
hearings, legal proceedings, and documentation;
(iii) Permit activities including application reviews, modifications and revisions, and
facility evaluations;
(iv) Training including instruction in the field, meetings, seminars, workshops,
courses and literature reviews; and
(v) Management including day-to-day operation scheduling and supervision.
By June 30, 2008, the CUPA will begin efforts to secure a contract for a consultant to
provide technical assistance with the start up and ongoing activities associated with
implementing the APSA Program in the City of Vernon. Existing CUPA staff will be
trained and redirected to assist with the start up activities. Once a solid funding
APSA City of Vernon GRANT APPLICATION — February 2008
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION
mechanism is in place (after January 1, 2010) and workload analysis confirms the need,
the CUPA will initiate the process of assigning permanent APSA Program staff.
IV. Identification of Regulatory Universe
The City of Vernon CUPA will use the AST Tank Facility list provided by Cal/EPA as the
starting point for the identification of the regulated tank facilities in the City of Vernon.
The list will be compared with the existing facility data to determine those facilities
already regulated under one or more Unified Program elements that store petroleum
materials in amounts that are equal to or in excess of 1,320 gallons stored in containers
>_ 55 gallons. This list may be modified or increased according to information gathered
during field inspections. The complete list will then be segregated based on the
following categories:
1. Exempted tank facilities with total tank storage capacity of less than 20,000 gallons
2. Tank facilities w/ storage capacity >_1,320 and <10,000 gallons
3. Tank facilities w/ storage capacity >_10,000 and <100,000 gallons
4. Tank facilities w/ storage capacity >_100,000 and <1,000,000 gallons
5. Tank facilities w/ storage capacity >_1,000,000 and <10,000,000 gallons
6. Tank facilities w/ storage capacity >_10,000,000 and <100,000,000 gallons
7. Tank facilities w/ storage capacity >_100,000,000 gallons
The City of Vernon CUPA will submit the complete list of regulated tank facilities to
Cal/EPA by December 1, 2008.
V. Staff Training Plan
CUPA staff will be attending the AST Training Program developed by Cal/EPA, which is
scheduled to be delivered in July, August, and September of 2008. Additionally, the
CUPA will assure that any permanent APSA Program staff hired in the future will go
through the AST Training Program's computer -based training course, and successfully
complete the examination for inspectors. The APSA Program standards will be
incorporated into the CUPA's ongoing training program and provided to program staff
on a regular basis.
VI. Inspection and Compliance Plan
As part of the City of Vernon CUPA's Unified Inspection and Enforcement Program, the
CUPA will ensure all regulated businesses subject to the APSA Program are in
compliance with all the program requirements, including SPCC Plan preparation and
implementation, annual submission of their facility statement, and spill notifications.
Exempted tank facilities will be periodically reviewed to verify that their total tank
capacity is less than 20,000 gallons and to ensure they are performing and documenting
their daily tank inspections. Tank facilities with storage capacity of >_1,320 and <10,000
gallons will be periodically reviewed to verify that their total tank capacity is less than
10,000 gallons and to ensure that they have prepared and are implementing an SPCC
4 APSA City of Vernon GRANT APPLICATION — February 2008
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION
Plan, are submitting their annual facility statements, and are paying the APSA Program
fee. Tank facilities with storage capacity of >_10,000 gallons will be inspected at least
once every three years to ensure that they have prepared and are implementing an
SPCC Plan in compliance with U.S. Code of Federal Regulations, Title 40, Part 112. The
inspection will also include a visual inspection of a representative sample of the tanks
at the tank facility. The inspection and all violations discovered during the inspections
will be documented on an inspection report form. Minor violations will be clearly
identified and notice will be given to have them corrected within 30 days. For more
significant or serious violations, the CUPA will either initiate an administrative
enforcement action or refer the case to the Los Angeles County District Attorney for
civil enforcement.
VII. UP Administrative Procedures
The City of Vernon CUPA's administrative policy and procedures will be reviewed and
updated, as necessary to incorporate all relevant aspects of the APSA Program. All
revisions will be completed by December 31, 2008. Semi-annual reports will be
submitted to the California Environmental Protection Agency on 8/01/08, 2/01/09,
8/01/09, and 3/01/10.
VIII. Regulated Business Outreach Activities
The City of Vernon CUPA will develop educational and guidance materials for those
'businesses regulated under the APSA Program. The educational and guidance
materials will include fact sheets and guidance documents to assist regulated
businesses in complying with all requirements of the APSA Program. In addition to
these educational and guidance materials, the City of Vernon CUPA will either hold a
Compliance Assistance Workshop or meet with businesses individually by December
2008. The workshop will be held during the day and afford the regulated businesses the
opportunity to learn about the APSA Program requirements and ask questions
concerning specific requirements or appropriate methods of compliance.
IX. Other Implementation Activities
The City of Vernon CUPA is the only Unified Program Agency within the jurisdictional
boundaries of the city.
5 APSA City of Vernon GRANT APPLICATION — February 2008
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION
B. Implementation Timeline
Activity
2008
2009
2010
Jan —
Mar
Apr —
Jun
Jul —
Set
Oct—
Dec
Jan—
Mar
Apr—
Jun
Jul—
Set
Oct —
Dec
Jan —
Mar
Fee
Accountability
X
Single Fee
X
Staffing
X
Regulated
Businesses
X
Training
X
Procedures
X
Outreach
X
Ins ections
X
Semi -Annual
Reports
X
X
X
X
4. Projected Budget:
Direct Program Costs:
*Personnel Services $ 20,000.00
Operating Expenses (prorated for project) $ 598.37
Travel Expenses
Supplies/Materials (less than $5,000 per item)
Equipment ($5,000 or more per item) $ 0.00
Professional/Consultant Services $ 20,000.00
Indirect Cost (%)(Rate applied to Personnel Services only) $ 6,400.00
TOTAL $ 46,998.37
*Salary is based on hourly rate and includes fringe benefits.
6 APSA City of Vernon GRANT APPLICATION — February 2008
ABOVEGROUND PETROLEUM STORAGE ACT (APSA) PROGRAM
GRANT APPLICATION
5. CERTIFICATION
I certify under penalty of perjury that the information I have entered on this application is true and complete to the best of my
knowledge and that I am an employee of the applicant authorized to submit the application of behalf of the application.
further understand that any false, incomplete, or incorrect statements may result in the disqualification of this application.
By signing this application, I waive any and all rights to privacy and confidentiality of the proposal on behalf of the applicant,
to the extent provided in this program.
Applicant Sig
Lewis Pozzebon
Printed Name of Applicant
Date
7 APSA City of Vernon GRANT APPLICATION — February 2008
_06, _ .
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 26, 2008
Ms. Jennifer L. Lorenzo
California Environmental Protection Agency
Office of the Secretary - Unified Program Section
1001 I Street
Sacramento, CA 95814-2828
Re: Aboveground Petroleum Storage Act (APSA) Program Grant Application
Dear Ms. Lorenzo:
Transmitted herewith is a certified copy of Resolution No. 9575
regarding the above -referenced, which was approved by City Council on
March 17, 2008.
If you have any questions regarding this matter, please call Mr. Lewis
Pozzebon, at (323) 583-8811 ext. 229.
Very truly yours,
Nelly Gir
City Clerk
NG:dr
c: Lewis Pozzebon
Resolution No. 9575
EiCcfusivefy Industfiaf
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Manuela Giron, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
RESOLUTION NO. 9575 - A Resolution of the City Council of
the City of Vernon Approving and Ratifying the Execution of
an Aboveground Petroleum Storage Act (APSA) Program Grant
Application From the California Environmental Protection
Agency
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this day of March 2008.
SEAL:
Manuela Giron
City Clerk