City Council
Report
City Council Meeting: July 9, 2024
Agenda Item: 5.I
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To: Mayor and City Council
From: Matthew Hallock, Fire Chief, Fire Department
Subject: Authorization to Accept California CUPA Environmental Trust Fund Grant Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to accept a grant awarded in the amount of $58,585 from the California CUPA Forum Environmental Trust Fund in the Fire Department, and to accept all grant renewals;
2. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals;
3. Authorize budget amendment as outlined in the Financial Impacts & Budget Action section of this report (requires 5 votes); and
4. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the California Environmental Quality Act (CEQA) guidelines.
Summary
Each year, the California Certified Unified Program Agency Forum Environmental Protection Trust Fund (“CUPA Trust Fund”) awards grants to Certified Unified Program Agencies (“CUPA”) across the state to benefit Unified Program implementation and enforcement. The City’s CUPA program resides in the Santa Monica Fire Department (SMFD) and carries out the administrative requirements, permits, inspections, and enforcement activities of six environmental and emergency response programs – including those related to hazardous materials, aboveground storage tanks, and underground storage tanks. The CUPA team utilizes two City vehicles to implement and enforce CUPA regulations. Due to the constant need for repair, which has negatively impacted CUPA operations, the City’s CUPA staff applied for and received a grant from 2 of 4
the CUPA Trust Fund to replace the vehicle. Staff recommends acceptance of the $58,585 grant.
Discussion
SB 1082, enacted in 1993, created the Unified Program to consolidate, coordinate, and make consistent the administrative requirements, permits, inspections, and enforcement activities of six environmental and emergency response programs. The mission of the Unified Program is to protect public health and safety, to restore and enhance environmental quality, and sustain economic vitality through effective implementation of the six programs. To that end, the Unified Program requires the California Environmental Protection Agency to certify local government agencies, known as Certified Unified Program Agencies, or CUPAs, as able to implement the required programs. These CUPAs are accountable for carrying out responsibilities previously handled (pre-1993) by approximately 1,300 different state and local agencies.
The six response programs unified under SB 1082 are: 1) Hazardous Materials Business Plan; 2) Hazardous Waste/Tiered Permitting; 3) Underground Storage Tanks; 4) Aboveground Storage Tanks; 5) California Accidental Release Program; and 6) Uniform Fire Code Hazardous Materials Management Plan. California city and county agencies can apply to become a CUPA and to receive delegated authority from the State to enforce a number of laws in their jurisdiction.
The City of Santa Monica’s CUPA program was certified by the State in 1995 and consists of the CUPA Administrator and the Hazardous Materials Specialist. Together, the CUPA team has authority, delegated from the State and Los Angeles County, to conduct CUPA inspections, collect fees on their behalf, and levy CUPA fines. They also conduct complaint investigations, permit investigations, aboveground and underground plan reviews, and final inspections for medical gases, aboveground storage tanks, underground storage tanks, and all other hazardous materials related plan review inspections, including underground storage tank modifications. Each year, this CUPA team conducts approximately 400 inspections.
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Among the many pressing needs of the City’s CUPA program, a reliable vehicle is critical to its operations. The CUPA team utilizes two vehicles (both 2013 Ford Focus) to reach inspection sites throughout the city. Both vehicles are in the City’s fleet and subject to the City’s vehicle replacement plan. Unfortunately, as they age, one vehicle has had significant mechanical issues and consistently requires repair. This leaves the CUPA team to share one vehicle, hampering its operations.
As a result, the City’s CUPA team sought grant funding for a replacement vehicle so that it can fulfill its responsibilities as well as continue generating revenue. While the CUPA team collects fines and fees on behalf of the State and County, it also generates revenues from an administrative fee. The CUPA team applied for and was awarded a grant from the CUPA Trust Fund. The Fund is a statewide association of program agencies formed to effectively implement the Unified Program by consolidating the administration, permits, inspections, and enforcement activities of local, state, and federal environmental and emergency management programs. The grant for $58,585 will cover the cost to purchase a new vehicle and upfitting (decals, radio, lights).
SMFD intends to purchase a 2024 Ford Escape hybrid, which aligns with the City’s Sustainable City Plan to increase the number of alternative fuel vehicles in the City’s fleet. This new vehicle achieves 42 miles per gallon in the city, compared to 28 miles per gallon for the current 2013 Ford Focus. There should also be cost savings just from having a new, reliable vehicle, instead of continuing to pay for significant repairs on the current vehicle, as well as freeing up staff time to work on other fleet vehicles. Once purchased, the new vehicle will be serviced by the Department of Public Works/Fleet Division. The existing 2013 Ford Focus will be decommissioned and auctioned off.
The California CUPA Forum Environmental Protection Trust Fund grant has a performance period from July 31, 2024 to June 30, 2026 and is not renewable. The grant must be used for the purchase and upfitting for a vehicle in the City’s CUPA program.
Environmental Review
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The replacement of the CUPA vehicle is categorically exempt from CEQA pursuant to Section 15302 (Replacement and Reconstruction) of the CEQA Guidelines. Section 15302 exempts Class 2 projects which “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced.” The replacement vehicle would replace an existing City fleet vehicle with the same purpose and capacity. Therefore, the replacement qualifies as for a Class 2 exemption.
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the California CUPA Forum Environmental Trust Fund for the purchase of a replacement vehicle. Approval of the recommended action requires the following budget amendment:
FY 2024-25 Grant Budget Amendment
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20190001.406110 $58,585 C2008990.689000 $58,585
Prepared By: Jonathan Tang, Principal Administrative Analyst Approved Forwarded to Council