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Resolution 2011-19 RESOLUTION NO. 2011-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTING AND SUBMITTING A CALIFORNIA ENVIRONMENTAL REPORTING SYSTEM (CERS). GRANT APPLICATION TO THE STATE OF CALIFORNIA AND DESIGNATING THE FIRE MARSHAL THERETO FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL REPORTING SYSTEM (CERS). WHEREAS, the City of Gilroy has a Certified Unified Program Agency (CUPA) program that administers six (6) State Health and Safety Code Laws and Regulations along with its Hazardous Materials Storage Ordinance; and WHEREAS, California Health and Safety Code Chapter 6.67, Section 25404.1 and 25404.2 designates CUP A's to implement and enforce the requirements of Chapter 6.67 (Aboveground Petroleum Storage Act) in addition to the other six (6) State Laws and Regulations of the CUPA program; and WHEREAS, California Health and Safety Code, division 20, chapter 6.11, section 25404 has allocated grant funds to the Gilroy CUP A to implement the requirements of the California Environmental Reporting System. NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: The City of Gilroy has authorized the City Administrator to sign the grant application and agreement, attached hereto as Exhibit "A", with the California Environmental Protection Agency to implement the California environmental reporting system. PASSED AND ADOPTED this 18th day of April, 2011 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE-MuNOZ, WOODWARD and PINHEIRO DILLON, TUCKER, NOES: COUNCILMEMBERS: NONE -1- RESOLUTION NO. 2011-19 ABSENT: COUNCILMEMBERS: NONE APPROVED: -2- RESOLUTION NO. 2011-19 GRANT APPLICATION FORM I I 1. Entity Information: Unified Program Agency Name: City of Gilrov CUPA Name of Project Director, Title: Jac ueline Bretschneider-Pro ram Mana er Street Address: 7351 Rosanna Street City, Zip: Gilro 95020 Phone: 408-846-0439 Fax: 408-846-0429 e-mail: 'ackiebret@c' of ilro .or GRANT CONTACT if different from Pro'ect Director Name: Renee Cantara Street Address: 7351 Rosanna Street City, Zip: Gilro 95020 Phone: 408-846-0433 Fax: 408-846-0429 e-mail: renee.cantara@ci. i1ro .ca.us GRANTEE 2. Grant Amount: $ 36.698 a. Advanced payment Requested: ~5000.00 (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 comply with AS 2286, which requires the Unified Program related information exchange between CUPA and CaVEPA, The City of Gilroy will to assess the software capabilities currently in use by The City. The City will provide outreach and training to regulated businesses to inform and assist in them of this electronic filing format, called the California Environmental Reporting System (CERS). Awarded Grant funds will be used to either augment or upgrade the current system, procure materials and/or equipment to assist in this endeavor, and to provide training to the regulated community for the data migration to CERS. 4. Work Plan 1. Software Assessment a. Assess compatibility with software currently in use b. Determine if current system will support data needs 2. New Hardware a. Assess hardware needs for field use and/or CERS reporting b. Determine what hardware would best suit our needs c. Purchase new hardware Page 1 of 3 3. Business Outreach a. Notify businesses via information mailers of AB 2286 b. Set up training dates for upcoming training for businesses c. Arrange for training session and times locations accessible to business owners 4. CUPA Staff Training a. Determine staff training needs b. Schedule training sessions via webinar or in-house Period of Performance: January 1, 2010 through March 31. 2013 5. Projected Budget: Program Costs Fiscal Year Fiscal Year Fiscal Year Fiscal Year 09110 1 0/11 11/12 12/13 Personnel Services* $ $ 2000 $ 8000 $ 2800 Operating Expenses $ $ $ $ Travel Expenses $ $ 0 $ 0 $ 0 SupplieslMaterials $ $ 500 $ 2000 $ 1000 Equipment/Software $ $ $ 7380 $ ProfessionaVConsultant Services $ $ 2000 $ 10000 $ 1000 FISCAL YEAR TOTAL $ $ 4500 $ 27380 $ 4800 TOTAL $36680.00 *Indirect costs may not exceed 35% of grant allotment Page 2 of 3 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 Date Tom Haglund, Gilroy City Administrator Printed Name of Applicant Page 3 of 3 TRANSITION PLAN Certified Unified Program Agency Name: City of Gilrov 1. General Description of Transition Plan The City of Gilroy CUPA will transition from their current paper-based reporting system to electronic reporting as mandated by ASsembly Bill 2286. All regulated businesses will be required to submit Unified Program Consolidated Forms (UPFCs) information electronically by January 1, 2013. Currently, the City of Gilroy collects hazardous materials business plans, hazardous waste generator, and underground storage tank forms in hard-copy/paper format for approximately 200 regulated businesses. The City of Gilroy will use the California Environmental Reporting System (CERS) for all business-to-CUPA reporting transactions. Mailers will be sent to regulated businesses to notify them about this transition, and what business owners will need to do to comply. State resource web links, and other pertinent information, will be included in the mailers so that businesses will have access to more information about CERS. All businesses in Gilroy have been previously uploaded by CERS development team, with CERS ID numbers assigned. Using this list, businesses can begin uploading their data. Training sessions will be scheduled for business owners during the initial upload phase at either the Gilroy Public Library, the computer training room at City Hall, or by partnering with the local community college. Transferred electronic data will be validated initially by inspection staff, but it will be the responsibility of the business owner to review their data online for correctness and completeness prior to submission. 2. Needs Assessment Conversion from hardcopy/paper will require an assessment of the resources needed to implement the new system. i. Staff time, using a contractor, or intern for data clean-up, will need to be assessed. ii. Businesses that do not regularly use computers will need assistance from City staff. Availability and scheduling will need to be assessed due to furlough days off. iii. In order to provide training to business owners, facilities where computers are available will need to be assessed for accommodating participants so that training can be done within a reasonable amount of time. iv. Currently, Gilroy uses Sungard/Community Plus to store inspection and enforcement data. An evaluation will need to be done to see if Community Plus can support this data transfer to CERS. Contracting with Sungard or in-house Software Administrator for data support will need to be determined. v. CUPA staff will need CERS support and training from the state. vi. The use of tablet notebooks will be d for use during field inspection. 3. Collecting, Submitting, and Storing Unified Program Related Information City of Gilroy CUPA will use CERS for collecting, submitting, and storing Unified Program information. A feasible data transfer must be determined before information slated for state reports can be forwarded via CERS, according to the requirements of the Title 27 data dictionary. 4. Management of Data ChangesJUpdates Gilroy CUPA will manage UPCF changes through CERS. Businesses will submit UPCF information directly into CERS. Staff will review submissions, and approve accordingly. If a business data submission is not approved or is incomplete, staff will enter a notation in CERS specifying what is needed to complete the approval process. Businesses that receive an incomplete approval status will receive and email notice of their status, and will then need to click on the em ail link to their UPCF information to review and make the required corrections. 5. Inspection/Enforcement Gilroy CUPA will continue to use paper-based inspection reports for field inspections. Enforcement information will also be paper-based. Each inspector is assigned an inspection district, and will be responsible for scheduling and recording their inspections. Inspection codes have been developed for our current data management system, however, an interface will need to be created for forwarding this data to CERS for state reporting purposes. Tablet PCs will not be used; however staff can offer businesses assistance during the inspection if the business operator has computer access to the internet. In order to provide the state with this data, an SOL Flat File transfer will need to be developed. The City of Gilroy is in the process of recruiting a Software Administrator, and this task will eventually be assigned to this person. If need be, contracting with a third party will be utilized to complete this task. 6. Billingllnvoicing Gilroy CUPA will use SungardlCommunity Plus to generate invoices for the regulated community, as CERS will not provide invoicing of businesses. Businesses will be billed per permitted program element. A surcharge for staff time and data management for CERS will become part of the permit fee base for regulated businesses. 7. Training Gilroy CUPA staff will offer training to management or administrative staff in need of knowledge of CERS. CUPA will also train any new staff, utilizing CERS resources, such as the electronic reporting web site: http:/www.calepa.ca.gov/CUPA.EReporting/ CERS training based on the state curriculum will be developed and eventually delivered to business owners in Gilroy, using the public library, the city's computer training room, or possibly Council Chambers. An informational brochure or guidance document will be sent prior to scheduled training. 8. Help System Gilroy CUPA will offer basic level assistance for CERS businesses. Business owners may call or email their inspector for this assistance. For more technical or complicated issues, the CERS administrator's email or customer support phone number will be provided. 9. Service Contract and Grant (fiscal) Gilroy CUPA will apply for electronic reporting grants using the state provided application. The funds will be used to cover the initial costs of implementing electronic reporting. The funds will be distributed as follows: Gilroy CUPA allocation: $36,698 Grant Funds: Program Costs Fiscal Year Fiscal Year Fiscal Year Fiscal Year 09/10 10/11 11/12 12/13 Personnel Services* $ $ 2000 $ 8000 $ 2800 Operating Expenses $ $ $ $ Travel Expenses $ $ 0 $ 0 $ 0 Supplies/Materials $ $ 500 $ 2000 $ 1000 Equipment/Software $ $ $ 7380 $ Professional/Consultant Services $ $ 2000 $ 10000 $ 1000 FISCAL YEAR TOTAL $ $ 4500 $ 27380 $ 4800 TOTAL $36680.00 Gilroy CUPA will request the advanced payment of $5000.00 10. Ongoing Support and Maintenance The additional ongoing costs of implementing electronic reporting include the ongoing support and maintenance of database support, hopefully by in-house personnel. A fee/surcharge will be imposed to cover the cost of electronic reporting support. This fee will be imposed during fiscal year 2011-2012. 11. Electronic Reporting Transition Plan Tracking Gilroy CUPA will submit their E1ectronic Reporting Transition Plan and grant application to CaVEPA on or about the first week of April 2011. Quarterly, as stated in the Grant Agreement, Gilroy CUPA will submit a status report and invoice to CaVEPA. The following table denotes the list of milestones that will be tracked and reported to CaI/EPA. Date Milestones Reported to Cal/EPA (Month/year) Estimated/Actual Start date of the UPA Electronic Reporting Transition Plan 7/1/2011 UPA Select Preferred Data Exchange Methodology 3/30/2011 Electronic Reporting Transition Plan & Grant Application Submitted 3/30/2011 Cal/EPA Awards Grant Est. 7/1/2011 Transfer of existing data from UPA system to CERS Complete 1/1/2013 Authorized Business Electronic Submission 10/31/2011 CERS Data Exchange operational: Business data 10/31/2011 CERS Data Exchange operational: Inspection & Enforcement Data 1/30/2012 CUPA Electronic Reporting Transition Process Complete (including PAs) 1/1/2013 12. SB 2286 Grant Application Process Gilroy CUPA will submit its Electronic Reporting Transition Plan along with its grant application to the state. Status reports on the use of the grant funds will be submitted to CaVEPA periodically before release of grant funds to Gilroy CUPA. I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-19 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of April, 2011, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of April, 2011. Sha ' a Freels, CMC City Clerk of the City 0 (Seal)