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HomeMy WebLinkAbout22- Disaster Preparedness CITY OF SAN BERM .RDINO - REQUEST L 3R COUNCIL ACTION From: Richard McGreevy , Coordinator Subject: Applicant ' s Agent Resolution Dept: Disaster Preparedness Date: February 5 , 1993 Synopsis of Previous Council action: April 8, 1992 adopted Resolution 92-106 Authorizing the submission of an application to the Office of Emergency Services for the purpose of obtaing federal financial assistance in conjunction with declared disaster due to the rain storms in January 1993 . Recommended motion: Adopt Resolution Signature Contact person: Phone: Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: 750262 Agenda Item No �� CITY OF SAN BERM' �,RDINO - REQUEST 'OR COUNCIL ACTIO1 STAFF REPORT On ,January 21 , 1993 Governor Wilson declared an emergency for the entire County of San Bernardino due to the rain storms which occured January 5-22 , 1993 . On February 3 , 1993 President Clinton provided a Presidential declaration of emergency . As a result of these declarations the City is eligible for partial reimbursement of storm-related expenses . The attached resolution needs to be adopted by Council prior to any funds being granted . RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 1 SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE 2 IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN STORMS BETWEEN 3 JANUARY 5-22 , 1993 . 4 WHEREAS, on January 21, 1993 Governor Wilson declared an 5 emergency for the entire County of San Bernardino due to the rain 6 storms which occurred January 5-22 , 1993 ; 7 WHEREAS , on February 3, 1993 President Clinton provided a 8 Presidential declaration of emergency; and 9 WHEREAS , as a result of these declarations the City is 10 eligible for partial reimbursement of storm-related expenses; 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 1.2 SECTION 1. Shauna Clark, City Administrator, Richard 13 McGreevy, Disaster Preparedness Coordinator, and Martin F. Romeo, 14 Senior Accountant are hereby authorized to execute an application 15 for and on behalf of the City of San Bernardino, a public entity 16 established under the laws of the State of California and to file 17 it in the Office of Emergency Services for the purpose of 18 obtaining certain federal financial assistance under P.L. 93-288 19 as amended by the Robert T. Stafford Disaster Relief and Emergency 20 Assistance Act of 1988, for state financial assistance under the 21 Natural Disaster Assistance Act, a copy of which is attached 22 hereto, marked Exhibit "A" and incorporated herein by reference 23 as fully as though set forth at length. 24 SECTION 2. The City of San Bernardino, a public entity 25 26 established under the laws of the State of California hereby authorizes its agent to provide to the State Office of Emerqency 27 Services for all matters pertaining to such disaster assistance 28 the assurances and agreement required. RESOLUi jN AUTHORIZING Ti�,I; SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION 1 WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN 2 BERNARDINO AS A RESULT OF RAIN STORMS BETWEEN JANUARY 5-22 , 1993 . 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor .and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of 1993 , by the following vote, to wit: 7 Council Members : AYES NAYS ABSTAIN ABSENT ESTRADA 8 REILLY 9 HERNANDEZ 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 1b City Clerk 11.7 The foregoing resolution is hereby approved this day 18 of 1993 . 19 20 W. R. Holcomb, Mayor 21 City of San Bernardino Approved as to 22 form and legal content: 23 JAMES F. PENMAN, 24 City Attorney � 25 By: 26 27 28 Exhibit "A" State of California onlCS or EMERZENCY SERVICES DESIGNATION OF APPLICANTS AGENT RESOLUTION BE IT RESOLVED BY THE COMMON COUNCIL OF TILE CITY OF SAN BERNARDINO 71LAT SHAUNA CLARK CITY ADMINISTRATOR (Name) R RICHARD MCGREEVY OESASTER PREPAREDNESS COORDINATOR Name MARTIN F. ROMEO OENIOR ACCOUNTANT (Name) e is hereby authorized to eucute for and in behalf of the City of San Bernardino , a public entity established under the laws of the State of California, this application and to filt it in the Office— ce o mergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1988,or state financial awtUt2n a under the Natural Disaster Assistance Act. THAT the City of San Bernardin a public entity established under the laws of the State of California, hereby authorizes its agent to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required,. Passed and approved this day of_ , 19 W. R. Holcomb(Name an T1 a Mayor James F. Penman(Name and a City Attorney Rachel Clark, -(Name and Title) City Clerk t CERTIFICATION duly appointed and of the City of San Bernardino ,do hereby certify that the above is a true and cared copy of a resolution passed and approved by the Common Council Of theCity of San Bernardino on the day of , 19. Date: CITY CLERK (Official osition Signature QXs Form 130 (10181) t!I►D 7olu NATURAL DISASTER ASSISTANCE ACT Chapter 7 . 5 of Division 1 of Title 2 of the Government Code, added by Statutes . 1974, Ch. 290, urgency effective May 31, 1974, as amended through the 1985-86 Regular Session. Chapter 7 . 5 NATURAL DISASTER ASSISTANCE ACT Article 1 . General Provisions and Definitions 8680 . Short title This chapter shall be known and may be cited as the Natural Disaster Assistance Act . 8680 . 1 . Construction of chapter Unless the provision or context otherwise requires, the definitions contained in this article govern the construction of this chapter. 8680 .2 . Local agency "Local agency" means any city, city and county, county, school district, or special district . 8680 .3 . Natural disaster "Natural disaster" means a fire, flood, storm, tidal wave, earthquake, or other similar public calamity resulting from natural causes or in the case of fire which the Governor determines presents a threat to public safety, by man-made causes . 8680 . 4 . Project "Project" means the repair or restoration, or both, other than normal maintenance, or the replacement of, public real property of a local agency, including but not limited to, building, levees, flood control works, channels, irrigation works, city streets, county roads, bridges, and other public works, except those facilities used solely for recreation purposes, that are damaged or destroyed by a natural disaster. "Project" includes those - emergency activities which are undertaken by a local agency in response to the disaster event, as defined in subdivision (a) of Section 8685, and excluding response activities as defined in Section 8690 . 6 . Except as provided in Section 8686 .3, the completion of all or part of a project prior to application for funds pursuant to this chapter shall not disqualify the project or any part thereof. 8680 . 5 . Project application "Project application" means the written application made by a local agency to the director for state financial assistance, which shall include : Natural Disaster Asst. Act 1 (a) in the case of a public facilities project, all damage to public real property which resulted from a natural disaster within the total jurisdiction of the local agency making application; or (b) in the case of a street and highway project, all damage to streets and highways which resulted from a natural disaster within the total jurisdiction of the local agency making application . 8680. 6 . Street and highway project; public facilities project (a) "Street and highway project" means a project for the repair or restoration, or both, or the replacement of streets, roads, or bridges of a city or county. (b) "Public facilities project" means any project, other than a street and highway project . District roads and similar access facilities not eligible for gas tax apportionments shall be considered "public facilities . " 8680 . 7 . Director "Director" means the Director of the Office of Emergency Services . 8680. 8 . State agency "State agency" means the Department 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 responsibility concerns streets, roads, bridge and mass transit repairs . The Department of Water Resources ' area of responsibility concerns dams, levees, flood control works, channels, irrigation works, and other similar projects . The Department of General Service ' s area of responsibility concerns buildings, sewer, water systems, and district road and access facility construction, alteration, repair and improvement thereof, and all other projects . The director shall assign applications to the appropriate agencies for investigation. 8680 . 9 . Local emergency' - "Local emergency" means a condition of extreme peril to persons or property declared as such by the governing body of the local agency affected, which declaration is acceptable to the Director of the Office of Emergency Services . Article 2. Administration 8682 . Director; duties The director shall administer this chapter. The director may delegate any power or duty vested in him under this chapter to a state agency or to any other officer or employee of the Office of Emergency Services . Natural Disaster Asst. Act 2 8682.2 . State agencies; services and duties To the extent that funds are allocated therefore, a state agency, when requested by the director, shall render services and perform duties within its area of responsibility when considered necessary to carry out the purposes of this chapter. 8682. 6 . Hold harmless provisions; benefit of state The project proposal executed between a local agency and the director pursuant to Section 8685 . 6 shall contain a provision under which the local agency agrees to hold the state harmless from damages due to the work for which funds are allocated. 8682. 8 . Claims of local agencies When certified by the director, claims of local agencies for payment shall be presented to the Controller for payment out of funds made available therefore . The director may request the Controller to audit any claim to ensure that funds were expended in accordance with the requirements and purposes of this chapter. 8682. 9 . Regulations; adoption The director shall adopt regulations to govern the administration of the disaster assistance program authorized by this chapter in accordance with the Administrative Procedure Act (Chapter 3 . 5 (Commencing with Section 11340) of Part 1 or Division 3) . Initial regulations required by this section shall be adopted by April 1, 1989, and shall not be subject to the review and approval of the Office of Administrative Law. Article 3. Allocation to State Agencies 8683 . Investigations, estimates, reports and training; federal aid; amounts Whenever funds are available for purposes of this chapter, the director shall make allocations therefrom in such amounts as he determines to be necessary to state agencies for expenditure for making the investigations, estimates, and reports required by this chapter. Such allocations may also be made to provide for preliminary investigations, estimates, reports, training of state agency personnel, or to reimburse the state agencies for expenditures made in anticipation of actual applications by local agencies . Allocations may also be made for the purpose of making such investigations, estimates, and reports as may be necessary to enable local agencies to obtain federal aid for natural disaster relief purposes, regardless of whether or not such aid is available for projects that are eligible for state allocations pursuant to this chapter . The director may make allocations to any state agency or office from such funds, or other funds available therefor, in such amounts as are necessary to administer the provisions of this chapter. Natural Disaster Asst. Act 3 Article 4. All, stions to Local Agencies 8685 . Director of Emergency Services; cost of projects; submission of claims; use of appropriate 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 any one or more projects as defined in Section 8680 . 4 . Claims by school districts shall be submitted to the Superintendent of Public Instruction for review and approval, in accordance with instructions developed by the Office of Emergency Services, prior to the allocation of funds by the Director of Emergency Services . Moneys appropriated for the purposes of this chapter may be used to provide financial assistance for the following local agency and state costs : (a) Local agency personnel overtime costs and cost of supplies used during eligible disaster response projects, incurred as a result of a state of emergency proclaimed by the Governor, excluding the normal hourly wage costs of regularly assigned emergency services and public safety personnel . (b) To repair, restore, reconstruct, or replace public facilities belonging to local agencies damaged as a result of natural disasters . (c) Matching fund assistance for cost sharing required under federal disaster assistance programs . (d) State administrative and engineering support required for the implementation and administration of the state disaster assistance program authorized under this chapter. (e) Indirect costs defined as eligible by the Office of Emergency Services and in accordance with the federal Office of Management and Budget Circular No. A-87, or its successors, as well as any other assistance deemed necessary to carry out the requirements of this chapter. 8685.2 . Declaration of local emergency An allocation may be made to a local agency for a project when within 10 days after the actual occurrence of a natural disaster the local agency has declared a local emergency and such declaration is acceptable to the director and, if the Legislature has appropriated money for allocation for purposes of this chapter. 8685 . 4 . Application for state assistance; time; investigation and reports; unusual circumstances A local agency shall make application 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 the director, has first investigated and reported upon Natural Disaster Asst. Act 4 the proposed w has estimated the cost the work, and has filed its report thereon with the director within 60-days from the date the local agency made application, unless the director extends 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 extended 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 determine 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 matching funds provided by the local agency. It shall also contain such other provisions as are deemed necessary to assure completion of the work included in the project and the proper expenditure of funds as provided herein. 8685. 7 . State contract act; law governing local agency work Any work performed by a state agency at the request of a local agency shall be agreed upon in writing and be subject to the State Contract Act . Work performed 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 connection 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 Section 8686 . 8686 . Availability of funds for projects; state share; prior expenditures by local agencies Funds appropriated for use under this chapter shall be made available for projects as follows : (a) For any eligible project, the state share shall amount to no more than 75 percent of total state eligible costs . The state Natural Disaster Asst. Act 5 shall make allocation for any proje, application resulting in a state 5iiare of less than two thousand fire hundred dollars ($2, 500) . (b) Expenditures 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 agency. 8686.2 . Federal funds; deduction from costs When the United State or any agency thereof is to provide disaster relief funds 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 participation 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 determined by Section 8686 will be reduced by an amount equal to the amount local agencies would have recovered from federal disaster relief sources if they had applied for that funding and had executed the eligible projects in conformity, with federal requirements . When a local agency applies for federal disaster relief funds, the director shall inform the agency of available state funds . 8686. 4 . Public facility project; replacement instead of repair or restoration Whenever the local agency and the director determine for public facility projects that the general public and state interest will be better served by replacing a damaged or destroyed facility with a facility that will more adequately serve the present and future public needs than would be accomplished merely by repairing or restoring the damaged or destroyed facility, 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 cost of the betterment of the facility, to the extent that it exceeds the cost of repairing or restoring the damaged or destroyed facility, shall be borne and contributed by the local agency, and such excess cost shall be excluded in Natural Disaster Asst. Act 6 determining th, 3mount to be allocated by e state. The state contribution si._il 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 Money 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 agency is financially unable to meet the matching requirements set 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 XIII 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 rate prevailing for legal state investments as of the date of the loan . 8687 . Deferred payments by local agency Deferred payments made by a local agency pursuant to Section 8686. 8 shall be made by the agency: (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, from the Motor Vehicle License Fee Fund to the extent necessary to meet the deficiency. Such sums shall be credited to the funds in the State Treasury from which the loans were made. Natural Disaster Asst. Act 7 8687.2 . Exhaust n of financial resources local agency; public facilities project; state alloclation Notwithstanding Section 8686, whenever the director determines that a local agency to which funds are proposed to be allocated for a public facilities project is financially unable to meet the matching requirements set forth in Section 8686 due to exhaustion of its financial resources because of disaster expenditures, the provisions of Section 8686 may be suspended, and the director may allocate funds to pay all of the cost of the project or that portion of the cost which the director determines is necessary to accomplish the project, taking into consideration the financial ability of the local agency to meet the matching requirements of Section 8686 and the public benefit of the proposed work, less any money provided 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 determines that a local agency which would otherwise be eligible for funds under the formula of Section 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 projects . 8687 . 6 . Counties; exhaustion of resources; contribution equal to highway users tax apportionment 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 amount of money equal to the amount allocated to such county for the fiscal year prior to the disaster declaration pursuant to Section 2110 . 5 of the Streets and Highways Code . 8687 . 8 . Counties; exhaustion of resources; reduction if maximum property tax for highway purposes not levied If the local agency, under Section 8687 . 4, is a county, the director, in determining whether the county' s financial resources are exhausted, shall ascertain whether the county has levied, during the then current year (the year of the disaster) , the maximum property tax for highway purposes authorized by Section 1550 of the Streets and Highways Code in the road district in which the work is proposed and if such tax is being levied at less than the maximum rate authorized by Section 1550, the amount to be allocated by the director under this section shall be reduced by an amount equivalent to the difference between the revenue derived from the property tax being levied for highway purposes in such road district and the revenue which would have been derived from such tax at the maximum rate authorized by Section 1550 . In determining if a county has levied sufficient taxes, amounts to be received from other taxes levied by that county and used for road purposes shall be included. Natural Disaster Asst. Act 8 Article 5. Fund- 8690 . Definition As used in this article : (a) "Fund" means the Natural Disaster Assistance Fund created by Section 8690 .2 . (b) "Public Facilities and Local Agency Disaster Response Account" means the special account established in the fund pursuant to subdivision (a) of Section 8690 . 4 . (c) "Street and Highway Account" means the special account established in the fund pursuant to subdivision (b) of Section 8690 . 4 . (d) "Office of Emergency Services Disaster Administration Support Account means the special account established in the fund pursuant to subdivision (c) of Section 8690 . 4 . 8690 .2 . Natural disaster assistance fund; creation The Natural Disaster Assistance Fund is hereby created as a special fund in the 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 Street and Highway Disaster Fund, which funds are hereby abolished, effective the 61st day after final adjournment of the 1973-74 Regular Session of the Legislature . All of the assets, liabilities, and surpluses of the two abolished funds shall, on order of the State Controller 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 assets, liabilities and surplus of the portion of the Street and Highway Disaster Fund relating to state highways shall be transferred to the State Highway Account in the State Transportation Fund. The existing appropriations from either of such funds shall continue to be available for allocation, encumbrance and expenditure in the same manner and for the same purposes and periods from the Natural Disaster Assistance Fund. Any reference in any law or regulation to the Street and Highway Disaster Fund shall be deemed to refer to the Street and Highway Account of the Natural Disaster Assistance Fund. Any monies received by the director or any state agency after the effective date of this section which, by law, would otherwise be required to be deposited in either of such funds, shall on order of the State Controller, be deposited in the State Treasury in the Natural Disaster Assistance Fund. 8690 . 4 . Special accounts; creation The State Controller shall establish the following four special accounts in the Natural Disaster Assistance Fund: (a) The Public Facilities and Local Agency Disaster Response Account, into which shall be paid all moneys appropriated by the Legislature for allocation for (1) the repair, restoration, reconstruction, or replacement of public facilities belonging to local agencies damaged as a result of natural disasters, (2) Natural Disaster Asst. Act 9 matching fun( ssistance for cost sharin required under federal disaster assistance programs, 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 which shall be paid 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 including 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 Legislature 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 Commission for allocation for the purpose of enabling immediate investigation of damaging earthquakes . Allocations may be made by the commission to assist organizations which have incurred expenses in the course of conducting earthquake investigations . Allocations may be made to cover the following expenses : (1) Travel, meals, and lodging. (2) Publishing of findings (3) Contractor assistance in the investigation. (4) Other expenses which the commission may allow as necessary to assist the investigation . (e) It is the intent of the Legislature that the Public Facilities and Local Agency Disaster Response Account and the Office of Emergency Services Administration Support Account each have an unencumbered balance of one million 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 amount of the claims exceeding the unencumbered balance in Natural ^isaster Asst. Act 10 the account, provided that the transfer is not made sooner than 30 days a ar notification in writinL if 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 following: (1) For allocation by the Director 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 proclamation by the Governor. (2) For allocation by the Director 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 proclamation by the Governor. (b) The funds shall be allocated subject to the conditions of this section and in accordance with Section 27 . 00 of the annual Budget Act, except that the allocations may be made 30 days or less after notification of the Legislature pursuant to subdivision (b) of that section. (c) Funds allocated to state and local agencies pursuant to the requirements of this section may be used to provide reimbursement to state and local agencies for extraordinary costs incurred for emergency or disaster response operations resulting from a state of emergency proclamation by the Governor. No funds allocated 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 establish standards and instruction for the receipt and processing of state and local agency claims . Notwithstanding the provision of Chapter 3 . 5 (commencing with Section 11340) of Part 1 or Division 3 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 section shall be subject to audit by the Controller . Natural Disaster Asst. Act 11 (d) 'The amount financial assistance pro- -ied to an individual, business, o.,. governmental entity under ,.his section, or pursuant to any other program of state-funded disaster assistance, shall be deducted from sums received in payment of damage claims asserted against the state, its agents, or employees, for causing or contributing to the effects of the proclaimed disaster. (e) The Legislature finds and declares that the amendments made to subdivision (c) of this section by Chapter 16 of the Statutes of 1986 declare the intent of the Legislature at the time when this section was originally added to this code by Chapter 1562 of the Statutes of 1985 . (f) This section shall become inoperative on June 30, 1993, and as of January 1, 1994, is repealed, unless a later enacted statute, 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 education earthquake account; creation; purposes for use of moneys; federal funds; standards and instructions for applications and claims; advances; audit; unused funds (a) There is hereby created, within the Disaster Response-Emergency Operations Account, the 1987 Higher Education Earthquake Account, into which shall be paid all moneys allocated pursuant to Section 8690 . 6 for assistance to eligible higher education entities that incurred losses or expenses related to earthquake activity that began on October 1, 1987 . For purposes of this section, an "eligible higher education entity" means any campus of the California State University or of any community college district which is located within the disaster area proclaimed by the Governor, as a result of the October 1, 1987 earthquake and aftershocks . Moneys appropriated to the 1987 Higher Education Earthquake Account shall be used for the following purposes : (1) To reimburse eligible higher education entites for personnel overtime costs and for supplies used for disaster assistance programs, including the cost of administering these assistance programs . (2) To provide for the repair, cleanup, and reconstruction of damaged public facilities . (3) To provide matching funds required under federal disaster assistance programs . (4) Funds up to five hundred thousand dollars ($500, 000) from the amount allocated to the account may be used for the purposes described in Section 8683 and also to provide administrative support required for the rapid and effective implementation of the disaster assistance program authorized by this subdivision . (5) To provide other assistance as the Director of the Office of Emergency Services deems necessary to carry out this section . Nat,=i t Disaster Asst . Act 12 (b) In order tr qualify for funding under is section, the California -cate University and any eligible community college district shall undertake to utilize maximum 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 instruction for the receipt of application from, and the processing of claims by, eligible higher education entities 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 from 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 Transportation 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 125 . Upon receipt of reimbursement from the federal government, the Department of Transportation shall repay all such funds to the Street and Highway Account . Natural Disaster Asst. Act 13 RESOLUTION NO. -106 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 1 SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE 2 IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN STORMS BETWEEN 3 FEBRUARY 10-17, 1992 4 WHEREAS, on February 19 , 1992 Governor Wilson declared an 5 emergency for the entire County of San Bernardino due to the rain 6 storms which occurred February 10-17, 1992; 7 WHEREAS, on February 25, 1992 President Bush provided a 8 Presidential declaration of emergency; and 9 WHEREAS, as a result of these declarations the City is 10 eligible for partial reimbursement of storm-related expenses; 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 13 SECTION 1 . Shauna Clark, City Administrator, Richard 14 McGreevy, Disaster Preparedness Coordinator, and Martin F. Romeo, 15 Senior Accountant are hereby authorized to execute an application 16 for and on behalf of the City of San Bernardino, a public entity 17 established under the laws of the State of California and to file 18 it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 19 20 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, for state financial assistance under the 21 Natural Disaster Assistance Act, a copy of which is attached 22 hereto, marked Exhibit "A" and incorporated herein by reference as 23 fully as though set forth at length. 24 25 SECTION 2. The City of San Bernardino, a public entity established under the laws of the State of California hereby 26 authorizes its agent to g provide to the State Office of Emergency 27 Services for all matters pertaining to such disaster assistance 28 the assurances and agreements required. 11 1 RESO rION AUTHORIZI, , THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH 1 THE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN 2 ; BERNARDINO AS A RESULT OF RAIN STORMS BETWEEN FEBRUAR' 10-17, 1992 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6th 5 6 day of April 1992, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA % g REILLY % 9 10 HERNANDEZ % MAUDSLEY % 11 MINOR % 12 13 POPE-LUDLAM % MILLER % 14 15 16 City -Clerk �- 17 The foregoing resolution is hereby approved. this 8th day of April 1992 . 18 19 W.. R. Holcomb, Mayor 20 City of San Bernardino Approved as to 21 form and legal content: 22 JAMES F. PENMAN, City Attorney 23 24 By= 25 26 27 23 II