HomeMy WebLinkAbout1995-151
1
RESOLUTION NO. 95-151
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES
FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE
4 IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE
COUNTY OF SAN BERNARDINO AS A RESULT OF WINTER STORMS IN FEBRUARY
5 1995.
~
o
WHEREAS, on February 13, 1995 Governor Wilson declared an
7
emergency for the entire County of San Bernardino due to the winter
8
storms which started February 13, 1995;
9
WHEREAS, on February 13, 1995 President Clinton provided
10
a declaration of emergency; and
11
WHEREAS, as a result of these declarations the City is
12
eligible for partial reimbursement of storm-related expenses;
13
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
14 SAN BERNARDINO AS FOLLOWS:
15
SECTION 1.
Shauna Clark, City Administrator, Richard
16 McGreevy, Disaster Preparedness Coordinator, and Martin F. Romeo,
17 Senior Accountant are hereby authorized to execute an application
18 for and on behalf of the City of San Bernardino, a public entity
I
19 established under the laws of the State of California and to file
20 it in the office of Emergency Services for the purpose of obtaining
21 certain federal financial assistance under P,L. 93-288 as amended
22 by the Robert T, Stafford Disaster Relief and Emergency Assistance
23 Act of 1988, for state financial assistance under the Natural
24 Disaster Assistance Act, a copy of which is attached hereto, marked
25 Exhibit "A" and incorporated herein by reference as fully as though
26 set forth at length.
27
SECTION 2,
The City of San Bernardino, a public
28 entity established under the laws of the State of California hereby
1 authorizes its agent to provide to the state Office of Emergency
2 Services for all matters pertaining to such disaster assistance the
3 assurances and agreement required,
4 III
5 III
6 III
7 III
8 III
9 III
10 III
11 III
12 III
13 III
14 III
15 III
16 III
17 III
18 III
19 III
20 III
21 11/
22 III
23 III
24 III
25 III
26 III
27 III
28 III
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L
1
RESOLUTION AUTHORIZING THE SUBMISSION OF AN
2 APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF
OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH
3 THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN
BERNARDINO AS A RESULT OF WINTER STORMS IN FEBRUARY 1995,
4
I HEREBY CERTIFY that the foregoing resolution was duly
5
adopted by the Mayor and Common Council of the City of San
6
Bernardino at a regular
meeting thereof, held on the 15th
7
day of
May
, 1995, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
NEGRETE x
10
CURLIN x
11
HERNANDEZ x
12
OBERHELMAN x
13
DEVLIN x
14
POPE-LUDLAM x
15
MILLER x
16
17
18
19
of May
20
21
~~
_ Ci ty Clerk
The foregoing resolution is hereby approved this /7d day
, 1995.
22
Approved as to
23 form and legal content:
24
JAMES
City
F. PENMAN,
ttorney
7- ;t~
25
By:
26
27
28
State of California
OFFICE OF
EMERGENCY SERVICES
Exhibit "A"
Disaster Numt>er 1 n~ n-T1R
Federal PA Number
State Application Number
Res. 95-151
.
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
IBoard of Directors or Governing Body)
, OF THE CIn or SAN BERNARDINO
(Name of Organization)
BE IT RESOLVED BY THE
COMM:lN COUNCIL
(~. of DestgnMtd Agent)
CITY ADMINISTRATOR
THAT
SHAUNA CLARK
OR
!Titlel
RI CHARD MCGREEVY
DISASTER PREPAREDNESS COORDINATOR
IN"". of DesignMed Agent)
MARTIN F. ROMEO
mtteJ
OR SENIOR ACCOUNTANT
(Name of Dnign8ted Agentl
(Title'
is hereby authorized to execute for and in behalf of the Ci ty of San Bernardino , a public entity
IName or urgaroutlO"'
established under the laws of the State of California, this application and to file it in the Office of Emergency Services
for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Staffo
Disaster Relief and: Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disast
Assistance Act for flood , which occurred in February of 1995
(Fire. Rood. earthquake, etc.) IMonttllD.te' IVearl
THAT the City of San Bernardino , a public entity established under the laws of the State of
!lume 0' utgllnlZlltlonl
California, hereby authorizes its agent to provide to the State Office of emergency services for all matters pertaining f
such state disaster assistance the assurances and agreements required,
Passed and approved this
IUlte,
day of
IMonU\l
, 19
ne.r,
(Name ....d Title of Approving "'rd or Council Member.
Tom Minor, Mayor
(Name and TItle ot Approving 8Dlird or Council Member)
James F. Penman, City Attorney
lName and Title of Approving a:NIrd Of Council Member)
Rachel Clark, City Clerk
CERTIFICATION
I,
, duly appointed and
of
(Neme)
(Title ot Clerk or Cltftitying Offlci.1)
the City of San Bernardino
{Herne of Of'genizationl
, do hereby certify that the above is a true and correct copy (
a resolution passed and approved by the
Common COlU1cil
180ft of Directors or Governing Body)
of the
City of San Bernardino
(Name of OrgM1izationl
on the
day of
19
(Oa'e'
(Month)
(Ve.r,
Date:
City Clerk
ICllrk or Cenifying Officiall
lSfgnatu'el
OES Fonn 130 lRev 8/94) DA8 Form
NATtmAL DISASTER ASSISTANCE ACT
Chap~er 7.5 of Division 1 of Tit~e 2 of the Governmen~
by Sta~u~es, 1974, Ch. 290. urgency effec~ive May 31,
amended t~rough c~e 1985-86 Regular Session.
Code, added
1974, as
Chapter 7.5
~
NATtmAL DISAS~R ASSISTANCE ACT
Article 1. General provisions and Definitions
8680. Shor~ ti::le
This c~apter shal: be Known and may be cited as the Natural
Disaste~ Assistance Act.
8680.1.
Const=~c~~=~ of c~apter
Unless t~e prevision or context otherwise requi=es, the definit~ons
contai~ed i~ t~is ar~~c~e govern the construct~on of t~is chapter.
8680.2,
:"ocal acrenc./
"Local agency" means any city, city and coun~y, coun~y, school
dist=ic~, or special dist=ic~.
8680.3.
:1at:':=3.1 disaster
"Nat-:.:.ral disasterlf :neans a fi=e, flood, storm, tidal wave,
eart~quake, or ocher similar public calamity resulting from natural
causes or in ::~e case of fire which the Governor determines
presents a t~=eat t~ ~U=~~~ sa=et~, by man-~ade causes.
8680.4.
?r::;leC"::
"p.=-oject" :near:s t::.e =epair or =est:.oration, or both, other than
nor~al ~a~~tenance, == t~e replacement or, public real property of
a local aqency, inc~~d~~g but ~ot limited to, building? levees,
flood con~=ol ~orks, ~~annels, ir=igation works, city streets,
county roads, br~dges, and othe= public works, except those
fac~~~:~es ~sed solel~' for =ec=eat~on purposes, that are damaged or
dest=oyed by a nat~=al disaster. "Project" includes those
emergency act~vities whic~ are undertaken by a local agency in
response to the d~saste= event, as defi~ed in subdivision (a) of
Sec~ion 8685, and excl~di~g response activities as defined in
Sec~ion 8690,6, Excep~ as provided in Sec~ion 8686.3, the
comple~ion of all or par~ of a proJec~ prior to application for
funds pursuant ~o t~~S c~apte= shal: not disquali~7 t~e project or
any par~ :~ereof.
8680,5.
p=ojec~ applic~tion
"Project
agency to
include:
acolic3tionll means the written aoolication made bv a local
the direct== =~r state =i~anc~ai~assistance, ~hi~~ shal~
~at~=3l ~i~aste~ Asst. ACt 1
'>..". '
~ r:-, /
(a) ~n the case of a public facilities project, all damage to
public =eal p=opercj which resulted from a natural disaster
within the total jurisdict~on of the local agency making
applicat~on; or
(b) ~n the case of a street and highway project. all damage to
st=eets and highways which =esulted from a natural disaster
within the total jurisdiction of the local agency making
applicati:::n.
8680,6.
St=eet and highway project; public facilities project
(a) "St=eet and highway projec-:" means a project far the repair or
restoration, or both. or the replacement of streets, roads, or
bridges of a city or ccunty.
(bl "Public fac~lities oro"ect" means any project, othe= than a
st=eet and highway proJect. District roads and similar access
facilities not eligible for gas tax apportionments shall be
considered "public ~acilities."
8680.7,
Direc~::=
"Di=ec~orlf means ':~e Di=ec~or of the Office of Emergency Services.
8680,8,
State agency
"State agency" ::leans the Depart:::ent of Transportation. the
Department of Water Resources, the Department of General Services,
the Department of Health. the Department of Finance, or other state
agency or office, The Department of Transportation'S area of
respc~sibili~7 ==nce~~s s~=ee~s, reads, bridge and ~ass transit
repa~=s. The Depart::lent of ;'iater Resources' area of =esponsibility
concerns dams, levees, flood cont=ol works, channels, irrigation
works, and ot~er similar ~r=jec~s. The Depart~ent of General
Serv~ce's area 0= =esponsibili~y concerns buildings, sewer, water
syste~s, and dis~=ic~ read and access facil~ty const=~c~ion,
alter~tion, repalr and ~~pr=vement thereof, and all other projects.
~~e di=ec~or shall assiq~ appl~cations to t~e appropr~ate agencies
for
. .,
:':1vest:.gat.:.c::.
8680,9.
Local emergency'
III-oeal emergenc::-.H means a c:;:ldi.~.:.on or ext::-erne peril to persons or
proper~y declared as suc~ by t~e governing body of the local agency
affec~ed, which declara~ion ~s accep~able co the Director of the
Off.:.ce of Emergency Ser~ices.
Article 2.
Administration
8682. Oi=ec~==: dut.:.es
The di=ector shall administe= this chapter, The director may
deleqa~e any power 0= dut:, \"es~ed in him under this chapter to a
state agency or to any ocher officer or employee of the Office of
Emersency Services.
~atural ~isaster Asst. Act 2
qr;~
'I~ I
].1.
8682.2.
Stace agencies; services and duties
To t~e excenc ~~ac funds are allocated therefore, a state agency,
~hen requesced by the direccor, shall render services and perform
ducies ~l~hin itS"area of responsibility when considered necessary
to car=y ou~ t~e purposes of this chapter.
8682.6.
Hold harmless provisions; benefit of state
The projec~ proposal executed between a local agency and the
direc~or pursuan~ to Seccion 8685.6 shall contain a provision under
~hich the local agency agrees to hold the stace harmless from
damages due ~o ~~e ~ork for which funds are allocaced.
8682.8.
C:ai~s of :ocal agencies
When cer~ified by the direc~or, claims of local agencies for
paymenc shall be presen~ed ~o ~he Concroller for paymenc out of
funds made available therefore, The direccor may request the
Concroller ~o audit any claim co ensure that funds were expended
accordance wic~ ~he requiremencs and purposes of this chapter.
, ~
~.,
8682.9.
~egulat~ons; adopt~on
7he direc~=r shall adop~ regulacions to govern the administration
of the disascer assiscance program auchorized by this chapter in
accordance with the Adminiscracive Procedure Act (Chapcer 3.5
(Co~~encing with Sec~ion 11340) of Par~ 1 or Division 3). Initial
=egu~at~o~s required by t~is sec~ion shall be adopted by April 1,
:989, and s~al: ~ot te s~njec~ ~o t~e review and app=oval of the
Of=~=e cf ~d~i~~st=~t~ve ~aw.
Article 3.
Allocation to State Agencies
8683. :~ves~~;at~~~s, est~~ates, =epor~s and training; federal aid;
amot:::":s
Whe~eve= :~~ds are avai:able for purposes of this chapter, the
direc":or shall ~ake allocat~ons therefrom in such amounts as he
dete1:'::1i:1es ~o be necessar~/ ~a s"Cate agencies for expenditure for
~aking c~e investiqa~ions. esc~~a~es. and reports required by this
c~ap~er. Suc~ alloca~ions ~ay also be made to provide for
p=el~~~~a=~ inves"C~ga"C~ons, est~~a"Ces, =eports, training of state
agency personnel, or to reimburse the state agencies for
expendic~res made i~ ancicipac~on of ac~ual applications by local
agenc~es. Allcca"C~~ns ~ay also be ~ade fer t~e purpose of making
such investigations, est~~ates, and reports as may be necessary to
enable local agencies to obca~n federal aid for na~ural disaster
relief pu=~cses, regardless of ~hether or not such aid is available
for projec~s thac are eligible for state allocations pursuant to
this chap~er. The direc~or may make allocations to any state
agency or cf~ice f=2~ such funds, or other funds available
therefor, ~n such amounts as are necessary to administer the
provisions of this chapter.
~aL~r31 ~isaste~ Asst. Act 3
--~ . -
.~l Arti.c~e 4. Al.~Ocat:.ODS to LoC3l. Aqenc:.e8
8685. Direct~r of Emergency Services; cost of projects; submission
of claims; use of apprcpriate moneys
From any money appropriated for that purpose, and subject to the
conditions specified in this article, the Director of Emergency
Services shall allocate funds to meet the cost of anyone or more
prcJects as defined in Section 8680.4. Claims by school districts
shall be submitted to the Superintendent of Public Instruction for
review and approval, in acccrdance with instructions developed by
the Office of Emergency Services, prior to the allocation of funds
by the Direct~r of Emergency Services.
Moneys appropriated for the purposes of this chapter may be used to
provide financial assistance for the following local agency and
S1:ate costs:
(a) Local agency personnel overtime costs and COS1: of supplies used
during eligible disas1:er response projec1:s, incurred as a
result of a S1:ate of emergency proclaimed by the Governor,
excluding the normal hourly wage COS1:S of regularly assigned
emergency se~vices and public safety personnel.
(b) To repair, restore, reconstruct, or replace pUblic facilities
belonging to local agencies damaged as a result of natural
disas1:ers.
(c) Matching fund assistance for cost sharing required under
federal disas1:er assistance programs.
(d) Sta1:e adminis1:rative and engineering support required for the
implementat~on and aQ~inist=at~on of the state disaster
aSS1stance prcgram author~~ed under this chapter,
(e) :ndirect C~St3 defined as eligible by the Office of Emergency
Services and in acccrdance with the federal Office of
~anagement and 3udget Circular No. A-a7, or its successors, as
well as any ot~e~ assistance deemed necessary to c~rry out t~e
=equirements of t~is c~apte=.
8685.2.
Declaration of local emergency
An allocation may be made to a local agency for a project when
wit~~~ 10 days afte~ ~he ac~~al occ~rrence or a natural disaster
the local agency has declared a local emergency and such
declaration is acceptable to tne director and, if the Legislature
has appropriated money for allocation for purposes of this chap1:er.
8685,4.
Appl~c3tion for state assistance; time; investigation and
reports; unusual circumstances
A local agency shall make aDol~cat~on to the director for state
financial assistance within 60 days after the date of the
declaration of a local emergency; provided, that the director may
extend the time for such filing only under unusual circumstances,
No financial aid shall be provided until a state agency, upon the
request of t~e direc~or, has f~=st ~nvest~gated and reported upon
~atural Disaster .~St, Act 4
~J!.." ~l /
the proposed ',york, has estimated the cost' of the work. and has
fi~ed its report thereon with the director within 60-days from the
date the local agency made application, unless the director ext~nds
the time because of unusual circumstances. The estimate of cost of
the work may include expenditures made by the local agency for such
work prior to the making of such estimate. If the reporting state
agency fails to report its findings within the 60-day period. and
time is not extenQed by the director, the director may complete the
investigation and recover a proportionate amount allocated to the
state agency for the balance of the investigation. "Unusual
circumstances," as used above, are unavoidable delays which result
from recurrence of a disaster, prolonged severe whether within a
one-year period, or other conditions beyond the control of the
applicant. Delays resulting from administrative procedures are not
unusual circumstances which warrant extensions of time.
8685.6, Acceptance of project proposal and cost-Sharing by local
agency
No money shall be allocated for a project until the local agency
has indicated in writing its acceptance of the project proposal and
the cost-sharing related thereto in such form as the director
prescribes. The project proposal shall provide for the performance
of the work by the local agency, or by the state agency in whose
area of responsibility such work falls, if the local agency and
such state agency dete~ine that the work should be performed by
the state agency. The project proposal shall also provide for the
methods of handling the funds allocated and the mat~hing funds
provided by the local agency, It shall also contain such other
provisions as are deemed necessarv to assure completion of the work
included in the project and the p~oper expenditure of funds as
provided herein.
8685,7, State contract act; law governing local agency work
Anv work perfor~ed bv a state aqencv at the recuest of a local
agency shall be agreed upon in ~r~ting and be ;ubject to the State
Contract Act, Work perfor~ed by a local agency shall be subject to
the law governing the performance of that work by the local agency
and any other applicable state or federal law. Neither the state
nor any officer or employee thereof shall have any responsibility
in ccnnection with any work performed by a local agency.
8685.8, Advance of funds to local agency
Under procedures to be prescribed by the director, a local agency
may receive an advance of funds to initiate a project. Such
advances shall be limited to not more than 90 percent of the
estimated state's share of the proJect, as determined pursuant to
Sect~on 8686.
8686. Availability of funds for projects; state share; prior
expendit~res by local agencies
Funos appropriated for use under this chapter shall be made
ava1lable for projects as follows:
(a) For any eligible proJect, the state share shall amount to no
more than .~ percent of total state eligible costs. The state
Natural Jisaster Asst. Act 5
\"''''', ::;UU} .
(b) Expendit~res incurred by a local agency prior to the effective
date of the allocation for work otherwise eligible shall be
considered in determining the rate of contribution between the
state and the local aaencv.
~ --
8686.2.
Federal funds; deduction from costs
When the United State or any agency thereof is to provide disaster
relief f~nds for any portion of the cost of a project, the amount
so provided shall be deducted from the cost of the project in
determining the amount to be allocated by the state and the amount
to be contributed by the local agency under Section 8686. It shall
not be required that the disaster relief funds to be provided from
federal sources shall be paid into the State Treasury, but the
director shall, if state funds are available, authorize the work to
be commenced when the director has received assurance, adequate in
his opinion, that the federal disaster relief matching funds will
be made available for expenditure for the work, or for payment to
the state for performance thereof.
It is the intent of the Legislature that the amendments to this
section made by Assembly Bill No. 2338 of the 1977-78 Regular
Session of the LegiSlature be operative commencing with the
effective date of the Natural Disaster Assistance Act, May 31,
1974.
8686.3.
Recovery of maximum federal funds
Local agencies shall undertake to recover maximum federal
participat~on in funding proJects. No funds allocated under this
chapter shall be used to supplant federal funds otherwise available
in the absence of state financial relief. State contributions for
such proJects as determ~ned by Section 8686 will be reduced by an
amount equal to the amount local agencies would have recovered from
fede~al disaste~ =el~ef sources if they had applied for tha~
funding and had executed the eligible proJects in conformity, with
federal requirements. When a local agenCj applies for federal
disaster relief funds, the director shall inform the agency of
ava1lable state f~nds.
8686,4.
Public facilitv project; replacement instead of repair or
res'Coraticn
Whenever the local agencj and the director determine for public
fac~litj projects that the general public and state interest will
be be~~er served bv =eolaci~a a damaaed or des'Croved facility with
a fac~litj that will more ad~quately-serve the present and f~ture
cublic needs than would be accomolished merelv bv repairing or
~estcring the damaged or destroy~d facilitj, the-director shall
authorize such replacement, including, in the case of a public
building, an increase in the square footage of the building
replaced, but the cast of the betterment of the facility, to the
ex~ent that it exceeds the cast of repairing or restoring the
damaaed or destrcyed facility, shall be barne and contributed by
~~e ~ocal agency, and such excess COSt shall be excluded i~
Nat~=31 Jisaster Asst. Act 6
r:~ determining the amount: to be allocated by the state. The state
con~ribut~on shall not exceed the net cost of restoring each such
facility on the basis of the design of such facility as it existed
immediately prior to the disaster in conformity with current codes,
specifications, and standards.
8686.6.
Street and highway project; repair, restoration or
replacement
. ~
:10ney allocated to a local agency for a street and highway project
may, when recommended by the Department of Transportation, be used
for the purpose of repairing, restoring, or replacing local
streets, roads, or bridges to present-day standards and to
accommodate present traffic.
8686.8. Financial ability of local agency; loan of state funds;
deferred payments; interest
If the director determines that a local aoencv is financially
unable to meet the matching requirements ;et forth in Section 8686,
or unable to provide funds for replacement of a facility pursuant
to Section 8686.4, the director may, if such loan would not result
in a violation of Section 40 of Article XI!I of the California
Constitution and out of any state money made available for purposes
of this chapter, lend funds, for the completion of a project or
projects. The local agency shall be required by the director to
make its contribution by means of deferred payments. Such deferred
payments shall be made in such amounts and at such times as may be
provided by the agreement executed in connection with the
application, but in any event providing full repayment within 10
years, and shall include a charge to be fixed by the Director in an
amount estimated by him to equal the revenue which the state would
have derived by investing the total amounts loaned at the interest
=ate p~evai:~ng for :egal state i~vest~ents as of the date of the
loan.
8687. Oefe==ed payme~ts by local agency
Jeferred payments made by a local agency pursuant to Section 8686,8
shal~ be ~ade by t~e agenc7:
(a) Out of the current revenues of the local agency,
(b) If the current revenues of a city, county, or city and
county, prove insufficient to enable the agency to meet such
payments, the director may order the State Controller to
withhold from the local agency funds which the local agency
would be entitled to under the Alcoholic Beverage Control Law
and Cigarette Tax Law, or, as to street and highway projects,
f=~~ t~e Moto= Vehicle License :ee Fund ~o the extent
necessary to mee~ ~he defic~ency.
Such sums shall be credited to the funds in the State Treasury
from which the loans were made,
Natu=al Disaste= Asst. Act 7
8687,2.. 2xhaus~ion of financial resources of local agency; public
facilities projec~; s~a~~ alloclation
Notwiths~anding Sect~on 8686, ~henever the director determines tha~
a local agency to which funds are proposed to be allocated for a
public fac~lities projec~ is financially unable to mee~ the
ma~ching requirements set for~h in Sec~ion 8686 due to exhaus~ion
of i~s financial r~sources because of disaster expenditures. the
provisions of Sec~ion 8686 may be suspended, and the direc~or may
alloca~e f~nds to pay all of the cost of the project or that
portion of ~ne cost which the director determines is necessary to
accomplish the project, taking in~o considera~ion the financial
ability of the local agency to meet the ma~ching requirements of
Section 8686 and the public benefit of the proposed work, less any
money prov~ded by the United States or any agency thereof for any
portion of the cost of the project.
8687.4. Exhaustion of financial resources of local agency; street
and highway project; state allocation
Whenever the director deter~ines that a local agency which would
otherwise be eligible for funds under the formula of Sec~ion 8686
is unable to finance a street and highway project due to exhaustion
of its financial resources because of disaster expenditures, the
director may allocate funds to pay such portion of the cost of the
project as the director determines is necessary to accomplish the
prc~ects.
8687,6. Counties; exhaustion of resources; contribution equal to
highway use=s tax apport~onment
If the local agency, under Section 8687.4 is a county, the amount
contributed by such county shall not be reduced to less than an
amc~~~ of ~oney equal ~o ~~e amou~~ allocated to such county for
the fiscal year prior to the disaster declaration pursuant to
Sec=~=n 21::.5 of ~~e Stree~s and Highways Code.
8687.8. Cc~~~~es; exhaus~~o~ of =esources; reduction i= maximum
property tax for h~ghway purposes not levied
:f :~e local agenc7, ~nde= Sec=~cn 3687.4, is a county, t~e
di=ec~or, i~ determ~~ing whe~he~ ~he county's financ~al resources
are exhausted, shal: ascer~~i~ whe~~er ~he county has ~evied,
dur~~g the then current year (t~e year of the disaster I , the
max~~um pr=per~y tax for highway purposes authorized by Section
:550 of the Streecs and Hig~ways Cede in t~e road distric~ in whic~
the work is proposed and if such tax is be~ng levied at less than
the maximum rate authorized by Section 1550, the amount to be
allccated by the director under this section shall be reduced by an
amc~~~ equ~~alent ~~ :~e di==e~e~ce between :he ~even~e derived
frcm the propert". tax being lev1ed for highway purposes in such
~oad distri~~ ~nd t~e =evenue whic~ would have been derived from
such tax at the maxi~um rate author~zed by Section 1550. In
determining if a county has levied suffioient taxes, amounts to be
rece~ved fro~ other taxes levied by that county and used for road
pur;=ses shal: be included.
~Jat~=al :iS3Ste~ ~5SC. ~c= 8
Arti.c~a 5. Fund:l
8690.
Jefir:ition
As ~sed ~~ this article:
(a) "Fund" ::leans tb.e Natural Disaster Assistance Fund created by
Sec":ion 8690,2.
~
(b) "Public Facilities and :'ocal Agency Disaster Response Account"
means tb.e special account established in the fund pursuant to
subdiv~sion (a) of Sec":ion 8690.4.
(c) "Stree':: and Highway Acco'.lnt" means the special account
established in the fund pursuant to subdivision (b) of Section
8690,4.
(d) "Office of Emergency Ser"Jices Disaster Administration Support
Accoun":" means ::he spec:.al account established in the fund
pursuan,:: ::0 subdiv:.sion (c) of Section 8690.4.
8690,2, ~atural disaster assistance fund; creation
Tb.e Natural Jisaster Assistance Fund is hereby created as a special
fund in tb.e State Treasury, The fund is the successor to the funds
appropriated by Section 4 of Chapter 624 of the Statutes of 1973
and to the Stree':: and 2ighway Disaster Fund, which funds are hereby
abolished, effec":ive the 61st day after final adjournment of the
1973-74 Regular Session of the Leg:.slat'.lre. All of the assets,
liabilities, and surpluses of the two abolished funds shall, on
order of the State Ccn":roller and as of the effective date of their
abolition, be transferred to and become assets, liabilities and
surpluses of the Natural Disaster Assistance Fund except that all
asse~Sr l~abi:~~ies and su=~lus or ~he portion of the Street and
Highway Disasce= =u~d =ela~~~g to scate highways shall be
t=ansfe~=ed ~o the State Highway Account in the State
T=anspo=~at~=n fund. ~~e ex~sting appropriations from eithe= of
such funds shall contir:ue to be available for allocation,
enc~~bra~ce and expendi~~=e i~ the same manner and for the same
?ur~oses and peri8cs :==~ t~e Nat~=al 8isas~er Assistance Fund.
Any reference in any law or regulat:.on to the Street and Highway
Disaster =u~d shall be dee~ed to refer to the Street and Highway
Acccunt of the NatJral Jisaster Assistance Fund. Any monies
received by ~he director or any state agency after the effective
date of this section which, by law, would otherwise be required to
be deposited in eitb.er cf such funds, shall on order of the State
Controller, be deposited in ::he State Treasury in the Natural
Disaster Assistance Fu~d.
8690,4.
Spec~31 ~cc~u~~s; c~eat~on
The State Ccntroller shall establish the following four special
aCC8unts in ~b.e Natural Jisaster Assistance Fund:
(a) The PJblic Facilities and Local Agency Disaster Response
Account, into which shall be pald all moneys appropriated by
the Leg~slature for allocation for (1) the repair, restoration,
reconstruction, or replacement of public facilities belonging
~o local agenc~es damaged as a result of natural disasters, (2)
~atural Jisaster Asst. Act 9
matching fund assistance for cost sharing required under
federal disaster assistance progranLq, as specified in
subdivision (b) and (c) of Section 8685, and (3) local agency
personnel overtime costs and supplies used during eligible
disaster response and recovery activities, including the cost
of administering those activities, as specified in subdivisions
(a) and (e) of Section 8685.
(b) The Street and Highway Account, into wnlcn shall be palO
all resources transferred from the Street and Highway
Disaster Fund, any money received from the federal
government as reimbursement to any city or county for
expenditures from funds allocated, transferred or expended
pursuant to this chapter for a street and highway project,
any money hereafter appropriated by the Legislature for
allocation for street and highway projects, and any income
from investment of monies in the account and payment by
local agencies in reimbursement of moneys disbursed from
the account includi~g deferred payments with charges,
pursuant to Section 8686.8.
~
(c) The Office of Emergency Services Disaster Administration
Support Account, into which shall by paid all moneys
appropriated by the ~egislature for allocation for (1) state
administrative and engineering support required for the
implementation and administration of the state disaster
assistance program authorized under this chapter or (2) other
assistance deemed necessary to carry out the requirements of
this chapter, as specified in subdivision (d) of Section 8685,
(d) The Earthquake Emergency Investigations Account, into which
shall be paid all moneys appropriated by the Legislature to the
Seismic Safety Comm~ssion for allocation for the purpose of
enabli~g immediate i~vestigation of damaging earthquakes.
Allocations may be made by the commission to assist
organi=a~ions whic~ ~ave ~~cur=ed expenses in the course of
conduc~~~g ear~~q~ake i~ves~~oa~~cns. Alloca~ions may be made
to cover the follow~ng expens~s:
(1) ~=avel, meals, and ~odging.
(2) Publishing of findings
(3) Contractor assistance in the investigation.
(4) Other expenses which the commission may allow as necessar,'
to assist the i~vestigaticn.
(ei It is the intent of the Lecrislature that the Public Facilities
and Local Agency Disaste~ ~espcnse Accoun~ and ~~e Of=ice of
Emergency Services A~~inistration Support Account each have an
unencumbered balance of one mil:ion dollars ($1,000,000) at the
beginning of each fiscal year.
In the event that any of these two accounts require additional
moneys to meet claims against the account, the Director of
Finance may transfer moneys from the Special Fund for Economic
Uncertainties to the account in that amount sufficient to pay
the amoun~ or the c~~lms exceedi~g ~~e unenc~mbe~ed balance :~
.r~t~=3~ :~saste~ Assc. Ac: 10
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the account, provided that the transfer is not made sooner than
30 days after notification in writing of the necessity therefor
is provided to the Joint Legislative Budget Committee.
8690.5.
Expenditure, transfer and allocation of moneys
Income from investment of moneys in the fund and all payments by
local agencies in reimbursement of moneys disbursed from the fund,
including deferred payments with charges, and all other moneys
deposited therein pursuant to law, shall be available for
expenditure, transfer and allocation pursuant to this chapter.
8690.6.
Disaster response-emergency operations account; creation;
appropriations; allocation; standards and instructions;
deduction for damage claims against state; duration of
section
(a) There is hereby established in the Reserve for Economic
Uncertainties a Disaster Response-Emergency Operations Account.
Notwithstanding Section 13340, moneyss in the account are
continuously appropriated, without regard to fiscal years, for
both of the followlng:
(1) For allocation by the Sirector of the Office of Emergency
Services, upon an order of the Governor and approval by
the Director of Finance, for reimbursement of extraordinary
emergency or disaster response operation costs incurred by
state requested local agencies as a result of a state of
emergency proclamat~on by the Governor.
(2) For allocation by the :irector of Finance for the reimbursement
of extraordinary emergency or disaster response operation costs
incurred by state agencies as a result of a state of emergency
proc~ama~~on by the Gove~nor.
(b) The funds shall be al:2cated subject to the conditions of this
secti2n and in aC22rcan2e with Section 27.00 of the annual
Budget Act, except that the allocations may be made 30 days or
less af~e= ~ot~:~ca~~~~ of :~e Legislature purs~ant ~o
subd~~~s~on (b) of ~~at sect~on.
(c) Funds allocated to state and local agencies pursuant to the
requi=e~ents of ~~is section may be used to provide
reiIT~ursement to state and local agencies for extraordinary
costs incur=ed for eme=gency or disaste= response operations
result~ng from a state of emergency proclamation by the
Governor. No funds al:2cated under this section shall be used
to supplant federal funds otherwise available in the absence of
state financial relief. The Office of Emergency Services shall
estab:~2~ stanca=cs an~ ~~st=~~=~~n :0= t~e receipt and
processing of state ana :ocal agency claims. Notwithstanding
the provision of Chapter ],5 (commencing with Section 11340) of
Part : or Divisicn ] of Title 2, these standards shall not be
subject to the review and approval of the Office of
Administrative Law. All funds provided pursuant to this
secti2n shall be subjec~ ~o audit by the Cant=oller.
Natural Disaster Asst.. Act. 11
(d) '.:'he amounc of f:.nanc.:.al assistance provided to an individual,
business, or governmencal entity under this section. or
pursuanc to any ocher program of sCate-Lunded disaster
assistance, shall be deducted from sums received in payment of
damaae claims asserced aaainsc the state, its aaents, or
empl;yees, for causing o~ concribucing to the effects of the
proclaimed disascer.
(e) The Legislacure finds and declares that the amendments made to
subdivision (c) of this secc:.on by Chapter 16 of the Statuces
of 1986 declare the intenc of the Legislature ac the time when
this section was originally added to this code by Chapter 1562
of the Stacuces of 1985.
~..
(f) This section shall become inoperacive on June 30, 1993, and as
of January 1, 1994, is repealed, unless a later enacted
stacute, which becomes effective on or before January 1, 1994,
deletes or extends the dates on which it becomes inoperative
and is repealed.
8690.8. 1987 higher educac:.on earchcuake account; creation;
purposes for use of moneys; . federal funds; scandards and
instruccions for applications and claims; advances; audit;
unused funds
(a) There is hereby creaced, within the Disascer Response-Emergenc"
Operations Account, the 1987 Higher Education Earthquake
Account, into which shall be paid all moneys allocaced pursuant
to Section 8690.5 for assistance to eligible higher education
ent:.t:.es that incurred losses or expenses related to earthquake
act:.vity chat began on Occober 1, 1987. For purposes of this
section, an "eligible higher educacion entity" means any campus
of the California State University or of any community college
discrict which is located within che disaster area proclaimed
by the Governor, as a result of the October 1, 1987 earthquake
and aftershod::s. Monevs aooropriated to the 1987 Hiaher
Educacion Earth~~ake A~oou;~ shall be used for the f;llowing
purposes:
III To rei~~urse eligible h:.gher educat:.on enc:.tes for personnel
overt~me costs and for sUDDlies used far disaste~ assistance
programs. including the CO~t of administering these assistance
programs,
(2) To provide for the repa~r, cleanup, and reconscruction of
damaged public fac~~~t~es.
(3) To provide macching funds required under federal disaster
assistance programs.
(4) Funds up to five hundred thousand dollars (S500,000) from the
amounc allocaced to che accounc may be used for the purposes
described in Section 8663 and also to provide administracive
supporc required for the rapid and effeccive implementacion of
the disas~er assistance ~~oq=~m aut~or~=ed by :~~s subdivisio~.
(5) To provide other assist~nce as the Director of ~~e Office of
Emergency Services deems necessary to carry ouc this section,
~~t~~~l ~:~a5~p.~ Ass~. ~C~ 12
Res. 95-151
(b) In order to qualify for funding under this section, the
Cali~ornia State University and any eligible community college
di~trict shall undertake to utilize maxim~ federal
participation in funding projects, and no funds allocated under
this section shall be used to supplant federal funds otherwise
available in the absence of state financial relief.
(c) The Office of Emergency Services shall establish standards and
instr~ction fbr the receipt of application from, and the
processing of claims by, eligible higher education ~ntities
within 30 days of the operative date of this section, as added
by the 1987-88 First Extraordinary Session of the Legislature.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2, these standards, if
promulgated, shall not be subject to the review and approval of
the Office of Administrative Law.
(d) Under the standards and procedures to be prescribed by the
Office of Emergency Services, a higher education entity may
receive an advance of funds for approved costs. These advances
shall not exceed 90 percent of the amount approved for
allocation to the eligible local agency.
(e) Funds provided pursuant to the requirement of this section may
be audited by the Controller.
(f) Any unused funds shall revert to the Disaster Response
Emergency Operations Account.
8691. Street and highway account; transfer to state highways fund
Any money in the Street and Highway Account which the director
determines is not needed for immediate use for the purposes
otherwise specified in this chapter shall be available for transfer
by the Department of Finance to the State Highway Account in the
State Transportation Fund for allocation and expenditure for
construction of state highways, but any amount so transferred
shall, after receipt by the Department of Transportation of written
demand frcm the Department of Finance, be returned from the State
Highway Account in the State Transportation Fund to the Street and
Highway Account upon determination by the Department of Finance of
the necessity of such money for the purposes of this chapter within
a period of not to exceed three months in such installments as may
be agreed upon by the Department of Finance and the Department of
Transportation.
8692, Advancement of funds to restore or repair local federal-aid
system highway facilities; reimbursement
The director may advance to the Department of Transportatinn from
the Street and Highway Account to the State Highway Account in the
State Transportation Fund such funds as are necessary to provide
for the restoration or repair of local federal-aid system highway
facilities. when such funds are eligible for reimbursement with
emergency relief funds under Title 23, United State Code, Section
:25. U~on =2cei~~ ct =ei~~ursement :==rn t~e federal government,
the Department of Transportation shall repay all such funds to the
Street and Highway Account.
Natural Disaster Asst, Act 1 3