Loading...
Resolution No. 2011-075RESOLUTION NO. 2011-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN APPLICATION FOR THE CALIFORNIA ENVIRONMENTAL REPORTING SYSTEM GRANT WHEREAS, the California Environmental Protection Agency has established the Unified Program to consolidate, coordinate, and make consistent the administrative requirements, permits, inspections, and emergency response programs of local governments throughout the State; and WHEREAS, the City of Vernon Health & Environmental Control Department serves as the Certified Unified Program Agency ("CUPA") for the City of Vernon under the Unified Program and is authorized and responsible for administering all Program elements; and WHEREAS, the City of Vernon Health.& Environmental Control Department is a member of the CUPA Forum, a statewide collection of CUPAs and other participating agencies that implements and regularly updates the Unified Program; and WHEREAS, Assembly Bill 2286 ("AB 2286") requires all CUPAs and their corresponding regulated businesses in the State of California to file Unified Program forms electronically instead of by paper beginning January 13, 2013; and WHEREAS, the CUPA Forum Board has established the California Environmental Reporting System Grant (the "CERS Grant") to assist local CUPAs in enforcing the Unified Program; and WHEREAS, by a memorandum dated April 6, 2011, the Director of Health & Environmental Control has recommended that the City of Vernon apply for Grant funds to procure computer equipment, software, and training and has requested authorization to submit such application ("Grant Application"). 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 authorizes the submittal to the CUPA Forum Board of a Grant Application, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Director of Health & Environmental Control, or his designee, to execute the Grant Application and all other documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary for the purposes of securing Grant funds and to implement and carry out the purposes specified in the Grant Application for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby authorizes the Director of Health & Environmental Control, or his designee, to submit the executed Grant Application, together with a copy of this Resolution, to the CUPA Forum Board by June 1, 2011. 2 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3rd day of May, 2011. AT 7T: // r illard G. Ydm�yhi,(,q&ty Clerk Hi ario Gonzales Name: Title: Mayor / ±Latror Pro -Temp 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-75, was duly passed, approved and adopted by the City Council of the City of Vernon at regular meeting of the City Council duly held on Tuesday, May 3, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this IV day of Mav, 2011, at Vernon, California. (SEAL) 4 EXHIBIT A E: GRANT APPLICATION FORM 1. Entity Information: Unified Program Agency Name: City of Vernon Health & Envir. Control Dept. GRANTEE GRANT CONTACT if different from Project Director Name of Project Director, Title: Lewis Pozzebon, Director Name: Street Address: 4305 Santa Fe Ave. Street Address: City, Zip: Vernon, 90058 City, Zip: Phone: (323) 583-8811 ext.229 Phone: Fax: (323) 588-4320 Fax: e-mail: 1pozzebon@ci.vernon.ca.us e-mail: 2. Grant Amount: $ 45,572.00 a. Advanced payment Requested: $11,393.00 (Up to 25% of the grant is authorized to be paid in advance on approval of the grant.) 3. Scope of Work In order to become compliant with AB 2286 which requires the Unified Program related information exchange between the UPA and Cal/EPA, the City of Vernon Health & Environmental Control Department CUPA (COV CUPA) will need to migrate to EnvisionConnect (a Decade Software product) to file electronically to the State. In order for the regulated businesses to file electronically, the COV CUPA will need to provide outreach and training to regulated businesses on the statewide system, called the California Environmental Reporting System (CERS). Awarded Grant funds will be used to upgrade the system, receive training from Decade Software, and to train regulated businesses on CERS. 4. Work Plan Period of Performance: January 1, 2010 through December 31, 2012 New Hardware a. Assess hardware needs for upgraded software b. Determine staff needs for new hardware c. Prepare hardware installation work plan d. Prepare budget for City Council Approval e. Purchase hardware Page 1 of 3 2. Upgrade Software a. Assess cost of upgrading to EnvisionConnect software b. Prepare budget for City Council Approval c. Determine software license needs d. Purchase software e. Upgrade each computer 3. Business Outreach a. Notify businesses of AB 2286 b. Send mailers for training opportunities 4. Training a. UPA Staff on Software Upgrade i. Determine staff training needs ii. Arrange training for staff by Decade Software iii. Prepare training CERS training manual for COV HD personnel b. Regulated Businesses on CERS i. Determine class sizes, space needs ii. Prepare or utilize state curriculum iii. Print training information iv. Provide training session 5. Projected Budget: Program Costs Fiscal Year 09/10 Fiscal Year 10/11 Fiscal Year 11 /12 Fiscal Year 12/13 Personnel Services* $ $ $10,000.00 $3,000.00 Operating Expenses $ $ $ $ Travel Expenses $ $ $ $ Supplies/Materials $ $ $ $ Equipment/Software $ $ $21;000.00 $ Professional/Consultant Services $ $ $38,750.00 $ FISCAL YEAR TOTAL $ $ $69,750.00 $3,000.00 TOTAL $72,750.00 *Indirect costs may not exceed 35% of grant allotment Page 2of3 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. I 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 Signature Lewis Pozzebon Printed Name of Applicant Date Page 3 of 3 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 5, 2011 TO: Lewis Pozzebon, Director of Health & Environmental Control FROM: Willard Yamaguchi, City Clerk/Interim City Attorney RE: Resolution No. 2011-75 — A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for the California Environmental Reporting System Grant Transmitted herewith for your submittal with the executed grant application is a copy of Resolution No. 2011-75, referenced above, which was approved by City Council on May 3, 2011. Thank you. WY:dj Attachment c: Rory Burnett Resolution No. 2011-75 RECEIVED APR 0 7 2011 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT TO: onorable Mayor and City Council FROM: Lewis Pozzebon, Director / Health Officer RE: Request . for Authorization to Apply for a California Environmental Reporting System Grant BACKGROUND: Assembly Bill (AB) 2286, which went into effect on January 1, 2009, requires all Certified Unified Program Agencies (CUPAs) and their corresponding regulated businesses in the State of California to electronically file Unified Program forms instead of by paper starting January 1, 2013. These Unified Program forms contain information about hazardous materials, hazardous waste, underground storage tanks, aboveground storage tanks and enforcement activities. The new statewide system is called the California Environmental Reporting System (CERS). To offset the costs for local agencies to implement this program, AB 2286 allows the California Environmental Protection Agency (CaIEPA) to increase the surcharge already being charged to regulated businesses by $25 for three years. At least 75% of these funds must be allocated to the CUPAs through grant funds to assist local agencies in meeting the new requirements. In order for the Health & Environmental Control Department, as the City of Vernon CUPA, to comply with AB 2286 we will need to expend funds for computer equipment, software, and training. By obtaining the CERS grant funds we are planning to avoid, as much as possible, the need to expend City funds. To obtain grant funds to implement the CERS program, CaIEPA requires that an application and a transition plan be submitted by June 1, 2011 (see attached). Please note that we have over -estimated costs to implement the CERS program in the transition plan. We feel confident that we will be able to keep costs within the amount of grant funds provided by CaIEPA. am requesting your authorization as the Director of the Health & Environmental Control Department to apply for the CERS grant and to execute and amend our grant agreement. I have requested that the City Attorney prepare a resolution for your consideration. FISCAL IMPACT: The grant funds will offset significant costs for equipment (computers), software, and training that are mandated by AB 2286 to implement the CERS program. RECOMMENDATION: I am recommending that the City Council approve the resolution to apply for the CERS grant. Attachments RECEIVED DATE: April 6, 2011 TO: Mark Whitworth, City Administrator FROM: Lewis Pozzebon, Director/Health Officer RE: California Environmental Reporting System Grant Assembly Bill (AB) 2286, which went into effect on January 1, 2009, requires all Certified Unified Program Agencies (CUPAs) and their corresponding regulated businesses in the State of California to electronically file Unified Program forms instead of by paper starting January 1, 2013. These Unified Program forms contain information about hazardous materials, hazardous waste, underground storage tanks, aboveground storage tanks and enforcement activities. The new statewide system is called the California Environmental Reporting System (CERS). To offset the costs for local agencies to implement this program, AB 2286 allows the California Environmental Protection Agency (CaIEPA) to increase the surcharge already being charged to regulated businesses by $25 for three years. At least 75% of these funds must be allocated to the CUPAs through grant funds to assist local agencies in meeting the new requirements. In order for the Health & Environmental Control Department, as the City of Vernon CUPA, to comply with AB 2286 we will need to expend funds for computer equipment, software, and training. By obtaining the CERS grant funds we are planning to avoid, as much as possible, the need to expend City funds. To obtain grant funds to implement the CERS program, CaIEPA requires that an application and a transition plan be submitted by June 1, 2011 (see attached). Please note that we have over -estimated costs to implement the CERS program in the transition plan. We feel confident that we will be able to keep costs within the amount of grant funds provided by CaIEPA. I have attached a draft resolution for the City Council to authorize the submission of an application for the CERS grant. I am requesting the draft resolution be reviewed and revised as needed by the City Attorney. The resolution language has already been reviewed by a representative of CaIEPA for acceptability. I am also recommending that the City Council consider approving the resolution. A staff report for submission to the City Council is attached. I request that the resolution be considered_ at the City Council meeting on May 3, 2011. xc: Willard Yamaguchi, Interim City Attorney / City Clerk Attachments ELECTRONIC REPORTING TRANSITION PLAN FOR DECADE CLIENTS City of Vernon Health & Envir. Control Dept., hereto referred to as Certified Unified Program Agency TRANSITION PLAN REPRESENTATIVE Name of Project Director, Title: Lewis Pozzebon, Director/Health Officer Street Address: 4305 Santa Fe Ave. City, Zip: Vernon, 90058 Phone: (323) 583-8811 ext.229 Fax: (323) 588-4320 E-mail: Pozzebon@ci.vernon.ca.us Total Number of Regulated Businesses : 458 (CUPA). 1. General Description of Transition Plan Certified Unified Program Agency (CUPA) will transition from Envision to EnvisionConnect in order to meet the electronic reporting requirements mandated by Assembly Bill 2286. Currently, CUPA collects forms for the following programs: COLLECTION COLLECTED CUPA PROGRAM METHOD BY Paper CUPA Hazardous Materials Business Plan Hazardous Waste Generator and Hazardous Paper CUPA Waste Onsite Treatment Programs California Accidental Release Prevention Paper CUPA (CaIARP) Program Paper CUPA Underground Storage Tanks Paper CUPA Aboveground Storage Tanks Uniform Fire Code Hazardous Material Paper CUPA Management Plans and Inventories Regulated businesses submit their paper based UPCFs by mail, or directly to CUPA staff. Non - responders are mailed courtesy reminders that are followed -up with phone calls and on site visits by CUPA staff. Partial UPCF data is entered into Envision by CUPA staff. Version 2.0 Electronic Reporting Transition Plan CUPA will upload current EnvisionConnect UPCF data to CERS. Only data which is required to be electronically collected and submitted will be uploaded. EnvisionConnect will capture the assigned CERS ID for future data exchanges. After initial upload, CUPA will participate in a frequent two-way data exchange between EnvisionConnect and CERS in order to synchronize the two systems. Transferred electronic data will be validatedl initially by inspection staff; however, businesses will be required to review their data online within 2_months after the transfer and update it if there are changes. CUPA will notify businesses by a mailed courtesy letter of the completed transition, transfer of their data and the requirement to review their data online within 2 months. CUPA staff will review ongoing electronic submissions to determine approval status. After data transition is completed for most businesses, paper UPCFs will be accepted, approved, and entered by CUPA for 3 months afterwards. After 3 months, businesses will need to enter their data online directly; however, CUPA staff will be available to help businesses still needing assistance. CUPA inspection staff will assist businesses with general CERS operation onsite where applicable. Online submittals will undergo an initial completeness review by CUPA clerical staff that will set submittal status as either "received" or "in process". CUPA inspection staff will perform more comprehensive reviews and make final approval decisions. Mailers will be sent to businesses to notify them about the transition process and about what business owners need to do to comply. General information about CERS, CUPA contact information and Cal/EPA resource web links will be included in the mailers so that businesses have access to more information about electronic reporting requirements. Businesses will have the opportunity to attend CERS trainings as outlined in Section 7. 2. Needs Assessment CUPA recognizes that converting their business-to-CUPA reporting system from paper/hardcopy to electronic will require an assessment of the resources needed to implement the new system. There are some critical needs that must be addressed in order to efficiently and effectively convert to and manage electronically reported data through CERS. The needs and the plan to address them are listed below: • Apply for Cal/EPA electronic reporting grant funds to fully implement electronic reporting. • Review and consider fee adjustments to cover long-term operational costs. • Extend existing contract with Decade to cover EnvisionConnect upgrade. • Upgrade current data management system to EnvisionConnect to be able to download UPCF information from CERS and to store and transfer Inspection and Enforcement information. • Assess existing data for completeness, accuracy, and compliance with Title 27 Data Dictionary. oService 1: Data Assessment (Gap Analysis) — Decade Software staff evaluate the CUPA's existing data for completeness, accuracy, and compliance with Title 27 Data Dictionary. The result is a Data Gap Analysis report. oService 2: Data Remediation (Data Remediation Plan) — Decade Software staff work with CUPA to author a Data Remediation Plan based on findings in the Data Gap Analysis report. oService 3: Data Remediation (Scripting Services) — Decade Software staff design, test, and implement SQL scripts necessary to satisfy Data Remediation Plan. Version 2.0 Page 2 of 6 Electronic Reporting Transition Plan • Transfer CUPA hardcopy UPCF data and documents to EnvisionConnect and CERS where the CUPA utilizes internal staff to enter the data into EnvisionConnect. • Implement and configure EnvisionConnect's machine -to' -machine data exchange with CERS. • Review and update procedures for managing CUPA program based on CERS transition. • Conduct CERS training for CUPA staff. *Conduct CERS training for businesses. • Accommodate businesses that do not regularly use a computer. • Obtain EnvisionConnect technical support from Decade Software. • Businesses and CUPA email CERS help desk for CERS-specific questions or problems. 3. Collecting, Submitting, and Storing Unified Program Related Information CUPA will exchange data with CERS through EnvisionConnect. Regulated businesses will submit their information online using CERS. By exception, CUPA may collect paper / hardcopy data from the regulated businesses and enter data into EnvisionConnect. EnvisionConnect will synchronize with CERS. Any documents such as site plans, facility maps, and emergency contingency plans will be transferred with submission data. 4. Management of Data Changes/Updates Businesses will submit UPCF changes/updates using CERS. CUPA staff will review submissions, compare with previously submitted information using EnvisionConnect, and will make a determination on the approval status. If a business submission is not approved, CUPA staff will enter a notation in EnvisionConnect specifying what is needed to complete the approval process. Businesses that receive an incomplete approval status from CUPA will receive an email notice of their status. By exception, CUPA will notify businesses in writing of incomplete approval status. Businesses will make the required corrections and resubmit. Approved submissions will be transferred to EnvisionConnect from CERS. 5. Inspection/Enforcement CUPA will use EnvisionConnect to collect and manage Inspection and Enforcement information in -the field. Inspectors will schedule inspections in EnvisionConnect. CUPA will use EnvisionConnect to push inspection and enforcement information to CERS at a yet to be defined frequency acceptable to Cal/EPA. 6. Billing/Invoicing Version 2.0 Page 3 of 6 Electronic -Reporting Transition Plan CUPA will use EnvisionConnect to generate invoices for regulated facilities. EnvisionConnect will utilize localized UPCF information to assess fees and generate permits. CERS does not provide for invoicing of businesses. 7. Training Staff Training The first step for staff training will be to determine staff training needs. Next, arrangements will be made for Decade Software staff to provide training. As part of the CUPA upgrade to EnvisionConnect, Decade Software will provide two days of comprehensive onsite training for management, inspection, and administrative staff. After CUPA personnel have been trained, a CERS training manual will be prepared. New staff will be scheduled for the initial EnvisionConnect training within 30 days after hire. CUPA management will administer data management system training for all new hires. CUPA will take advantage of ongoing online training provided by Decade Software. CUPA will provide CERS training to inspection staff based on the anticipated Cal/EPA curriculum. The purpose of this training is to guide inspectors through the general operation of CERS. Inspectors will be expected to transfer this knowledge to businesses as they meet with operators in the field. Business Training a) CUPA will conduct regular outreach and provide ongoing training to the regulated community for submitting data to CERS. b) CUPA will begin CERS training starting January, 2012 and provide periodic training for new businesses and new employees as needed. c) CUPA will accommodate businesses that do not regularly use a computer by providing access to a computer during normal business hours (Monday -Thursday 7am-5:30pm). A schedule will be developed to allow these businesses to sign-up for computer use in two hour increments on a first come, first serve basis. 8. Help System CUPA will provide assistance/basic training to the regulated community for electronically submitting data on Mondays and Wednesdays from 8-10am starting nine (9) months before the electronic reporting requirement starts. Businesses will be directed to contact the CERS administrator at cers(a)calepa.ca.gov for issues which cannot be answered by CUPA. In addition, new information about CERS provided by the State will be forwarded to businesses. 9. Service Contract and Grant (fiscal) CUPA will apply for electronic reporting grants using the application provided by Cal/EPA. The funds will be used to cover the initial costs of implementing electronic reporting. The fund distribution request is as follows: Version 2.0 Page 4 of 6 Electronic Reporting Transition Plan Activity Applied to Grant Category Total Cost CUPA Hardware (new computers, backup server) [Equipment] $21,000.00 Vernon IT Hardware (installation, configuration) [Personnel] $5,000.00 CUPA Business Outreach [Personnel] $5,000.00 Training (regulated businesses, UPA staff) [Personnel] $3,000.00 EnvisionConnect Upgrade Contract (includes [Professional Decade Software Training, Vendor Operating Expenses for Travel, /Consultant $4,000.00 Per Diem, and Accommodations associated with Services] onsite training [Professional Optional Data Assessment - Gap Analysis /Consultant $14,700.00 Services] Optional Data Remediation — Data Remediation [Professional Plan /Consultant $7,350.00 Services] [Professional Optional Data Remediation — Scripting Services /Consultant $12,700.00 Services] Total E-Reporting Transition Cost $72,750.00 Less Total Grant Funds Available $45,572.00 Net Cost to CUPA $27,178.00 10. Ongoing Support and Maintenance CUPA's annual EnvisionConnect costs increased with the implementation of the EnvisionConnect Remote (Field Inspection). CUPA will support ongoing additional costs by adjusting (increasing) the annual health permit fees. 11. Electronic Reporting Transition Plan Tracking ****CUPA will submit a quarterly status report and invoice to Cal/EPA to update the progress of the CUPA transition plan. The following tables denote the list of milestones that will be tracked and reported to Cal/EPA.**** Milestones Reported to Cal/EPA Date 1 Estimated/actual start date of the CUPA Electronic Reporting Transition Plan 01/2010 2 Date CUPA select preferred data exchange methodology 06/2010 3 Date Electronic Reporting Transition Plan & Grant Application submitted 04/2011 4 Date Cal/EPA awards grant 06/2011 5 Date transfer of existing data from UPA system to CERS complete 11/2011 6 Date authorized business electronic, submission 02/2012 7 Date CERS data exchange operational: business data 04/2012 8 Date CERS data exchange operational: inspection & enforcement data 10/2012 9 Date CUPA electronic reporting transition process complete(including PAs 12/2012 Version 2.0 Page 5 of 6 Electronic Reporting Transition Plan Milestones Tracked by CUPA Date 1 Upgrade to current version of EnvisionConnect 04/2011 2 Data remediation complete 11/2011 3 Business outreach and training complete 09/2012 12. SB 2286 Grant Application Process CUPA will submit its Electronic Reporting Transition Plan along with its grant application to the Cal/EPA. Status reports on the use of grant funds will be submitted to Cal/EPA periodically before release of grant funds to the CUPA. Version 2.0 Page 6 of 6 Page 1 of 1 Juarez, Debbie From: Pozzebon, Lewis Sent: Thursday, May 05, 2011 5:09 PM To: Juarez, Debbie; Smith, Linda; Burnett, Rory; Leon, Joaquin; Higa, Masami; Kung, Alex Cc: Grossberg, Leonard; LeDuff, Dave Subject: RE: RESOLUTION NO. 2011-75 - CALIFORNIA ENVIRONMENTAL REPORTING SYSTEM GRANT From our sources in Sacramento, it looks like we will get approval of the $45,000 grant. However, the funding will be split with a $12,000 advance.... probably in the first quarter of FY 11-12. After that amount is expended we will be invoicing for computer purchases, software, and training that are authorized by the grant. I anticipate we will use up to 3/4 of the grant funds in FY 11-12 and the balance in 12-13. I.,ewis Pozzebon, Director / Health Officer City o:f Vernon Health & Environmental Control Dept 4305 Santa Pe Avenue Vemon, CA 90058 (323) 583-881.1. Ext 229 Lpozeebon@ci.vernon.ca.us www.cityofvernon.ory "Environmental Health -The art and science of protecting against environmental factors that may adversely impact human health or the ecological balances essential to long-term hur_nan health and environmental quality, whether in the natural or human -made environment. From: Juarez, Debbie Sent: Thursday, May 05, 2011 4:59 PM To: Pozzebon, Lewis; Smith, Linda; Burnett, Rory; Leon, Joaquin; Higa, Masami; Kung, Alex Cc: Yamaguchi, Willard Subject: RESOLUTION NO. 2011-75 - CALIFORNIA ENVIRONMENTAL REPORTING SYSTEM GRANT 5/5/2011