HomeMy WebLinkAboutItem No. 09 - California Emergency Management Agency Designation of Applicant's Agent of Resolution
Consent Calendar
City of San Bernardino
Request for Council Action
Date: March 4, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Eric McBride, Acting Chief of Police
Subject: California Emergency Management Agency Designation of
Applicant's Agent of Resolution
Recommendation
Adopt Resolution No. 2020-43 of the Mayor and City Council of the City of San
Bernardino, California, approving the submission of the updated CAL EMA Form 130,
designating the titles of City Manager, Assistant City Manager, Chief of Police, and
Assistant Chief of Police as authorized agents to act on behalf of the City for all matters
pertaining to assistance from federal and/or state organizations.
Background
The California Disaster Assistance Act authorizes the Secretary of the California
Emergency Management Agency (Cal EMA) to administer a disaster assistance
program that provides financial assistance from the State for costs incurred by local
governments as a result of a disaster event. The program also provides for the
reimbursement of local government costs associated with certain emergency activities
undertaken in response to a state of emergency proclaimed by the Governor.
Cal EMA requires that local agencies have on file the Cal EMA Form 130 - Designation
of Applicant's Agent Resolution. This document is valid for three years. The previous
Cal EMA Form 130 - Designation of Applicant's Agent Resolution, was adopted by the
Mayor and Common Council in February 2016 and has expired.
Discussion
On October 31, 2019, the State of California submitted a request for a Fire Management
Assistance Grant (FMAG) due to the Hillside Fire that threatened 1,000 homes in and
around the City of San Bernardino. The FEMA Region IX regional administrator
determined that the Hillside Fire threatened destruction that would constitute a major
disaster and approved the request. The grant provides reimbursement for up to 75% of
eligible firefighting costs. The application process requires a new Designation of
2020-2025 Key Strategic Targets and Goals
The request to designate the City Manager, Assistant City Manager, Chief of Police,
and Assistant Chief of Police as authorized agents to act on behalf of the City for all
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matters pertaining to assistance from federal and/or state organizations aligns with Goal
No. 1: Financial Stabilityby implementing, maintaining, and updating a fiscal
accountability plan.
Fiscal Impact
There will be no financial impact to the City as a result of adopting this resolution.
Conclusion
Adopt Resolution No. 2020-43 of the Mayor and City Council of the City of San
Bernardino, California, approving the submission of the updated CAL EMA Form 130,
designating the titles of City Manager, Assistant City Manager, Chief of Police, and
Assistant Chief of Police as authorized agents to act on behalf of the City for all matters
pertaining to assistance from federal and/or state organizations.
Attachments
Attachment 1 Resolution
Attachment 2 Exhibit A-CAL EMA Form 130
Ward: All
Synopsis of Previous Council Actions:
February 3, 2016 Mayor and City Council adopted Resolution 2016-16 authorizing he
submission of the updated OES Form 130-Designation of
applicant's agent resolution to the State Office of Emergency
Services.
October 7, 2013 Mayor and City Council adopted Resolution 2013-275 authorizing
the submission of the updated OES Form 130-Designation of
applicant's agent resolution to the State Office of Emergency
Services.
May 19, 2008 Mayor and City Council adopted Resolution 2008-155 authorizing
the submission of the updated OES Form 130-Designation of
applicant's agent resolution to the State Office of Emergency
Services.
May 18, 1998 Mayor and Common Council adopted Resolution 98-115
authorizing the submission of the updated OES Form 130 -
Designation of applicant's agent resolution to the State Office of
Emergency Services.
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Resolution No. 2020-43
RESOLUTION NO. 2020-43
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE SUBMISSION OF THE UPDATED CAL
EMA FORM 130, DESIGNATING THE TITLES OF CITY
MANAGER, ASSISTANT CITY MANAGER, CHIEF OF
POLICE, AND ASSISTANT CHIEF OF POLICE AS
AUTHORUZED AGENTS TO ACT ON BEHALF OF THE
CITY FOR ALL MATTERS PERTAINING TO
ASSISTANCE FROM FEDERAL AND/OR STATE
ORGANIZATIONS
WHEREAS, a procedural requirement of Cal EMA is that the City of San Bernardino
designate authorized agents to work directly with the State of California Office of Emergency
Services and submit Cal EMA Form 130 - and
WHEREAS, the previous (CAL EMA) Form 130,
Resolution, to the State of California Emergency Management Agency expired on February 3,
2019.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. The City Council hereby authorizes City staff to update Cal EMA Form
130 with the current titles for the City of San Bernardino; specifically, persons in the position of
City Manager, Assistant City Manager, Chief of Police, and Assistant Chief of Police, who are
hereby authorized to execute this application for and on half of the City of San Bernardino, a
public entity established under the laws of the State of California, and to file it with the
California Emergency Services for the purpose of obtaining certain federal
financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster
Relief and Emergency Assistant Act of 1988, and/or state financial assistance under the
attached hereto and incorporated herein as Exhibit A.
SECTION 3. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Resolution No. 2020-43
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
Resolution No. 2020-43
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICESCal OESID No:______________________
Cal OES130
DESIGNATION OFAPPLICANT'SAGENT RESOLUTION
FOR NON-STATEAGENCIES
MayorandCityCouncil
BE IT RESOLVED BY THEOFTHE
(GoverningBody)(NameofApplicant)
THATOR
,
(TitleofAuthorizedAgent)
AssistantCityManager
,OR
(TitleofAuthorizedAgent)
(TitleofAuthorizedAgent)
ishereby authorizedtoexecute for andonbehalfof the, apublic entity
(NameofApplicant)
established under the lawsof the Stateof California, this applicationandtofile it with theCalifornia Governor’s Office of Emergency
Servicesfor thepurposeof obtaining certainfederalfinancial assistanceunderPublic Law93-288as amendedby theRobert T.Stafford
DisasterRelief andEmergency Assistance Act of 1988, and/or statefinancial assistanceunder the CaliforniaDisaster AssistanceAct.
THAT the ________________________________________________, apublic entity established under thelawsofthe State of California,
(NameofApplicant)
hereby authorizes its agent(s) to provide tothe Governor’s Office of Emergency Servicesfor all matters pertaining to such state disaster
assistance theassurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date ofapproval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________
Passed andapprovedthisday of ,20
(NameandTitle ofGoverningBodyRepresentative)
SoniaCarvalho,CityAttorney
(NameandTitle ofGoverningBodyRepresentative)
GenovevaRocha,ActingCityClerk
(NameandTitle ofGoverningBodyRepresentative)
CERTIFICATION
I,,duly appointedand of
(Name)(Title)
MayorandCityCouncil
,do hereby certify that the above isa trueandcorrect copyofa
(NameofApplicant)
Resolution passedand approved by theof the
(GoverningBody)(NameofApplicant)
on theday of ,20.
(Signature)(Title)
Cal OES130 (Rev.9/13) Page 1
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES130 -Instructions
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to
receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years
from the last date of approval, is invalid or has not been submitted.
WhencompletingtheCal OESForm130,Applicantsshouldfill intheblanksonpage1.Theblanksaretobefilled inas
follows:
Resolution Section:
Governing Body: Thisisthe groupresponsibleforappointingandapprovingtheAuthorized Agents.
Examplesinclude: BoardofDirectors,CityCouncil,BoardofSupervisors,Board of Education, etc.
Name of Applicant:The public entity established under the laws of the State of California. Examples include: School
District, Office of Education, City, County or Non-profit agencythat hasapplied forthegrant, such as: CityofSan Diego,
SacramentoCounty, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: Thesearetheindividualsthat areauthorizedbytheGoverningBodytoengagewith the Federal Emergency
Management Agency andthe Governor’s Office of Emergency ServicesregardinggrantsappliedforbytheApplicant. Thereare
twowaysofcompletingthissection:
1.Titles Only: IftheGoverningBodysochooses,thetitlesoftheAuthorizedAgentswouldbe enteredhere,not
theirnames.Thisallowsthedocumenttoremainvalid(for 3 years)ifanAuthorizedAgent leavestheposition
andisreplacedbyanotherindividual in the same title.If“Titles Only”isthechosenmethod,this document
mustbeaccompaniedbya coverletter namingtheAuthorizedAgentsbyname and title. Thiscoverletter can
be completedbyanyauthorizedpersonwithintheagencyanddoesnotrequirethe Governing Body’ssignature.
2.NamesandTitles: IftheGoverningBodysochooses,thenamesandtitles oftheAuthorizedAgents wouldbe
listed.AnewCal OESForm130will be required ifanyofthe AuthorizedAgentsare replaced, leave theposition
listed onthedocument or their title changes.
Governing BodyRepresentative: Thesearethenamesandtitles oftheapprovingBoardMembers.
Examples include: ChairmanoftheBoard,Director,Superintendent,etc. The names and titles cannotbeone of the
designated Authorized Agents, and a minimum of two or moreapproving board members need to be listed.
CertificationSection:
Name and Title: Thisistheindividualthat wasinattendanceandrecordedtheResolutioncreationandapproval.
Examplesinclude:CityClerk,SecretarytotheBoardofDirectors,CountyClerk,etc. Thispersoncannot
beoneofthe
designated AuthorizedAgentsor Approving Board Member (if a person holds two positions such as City Manager and
Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the
Secretary position would sign the document as Secretary to the Board (not City Manager) toeliminate “Self
Certification.”
Cal OES130 (Rev.9/13)Page 2