HomeMy WebLinkAbout16-Disaster Preparedness
CITY- OF SAN BERNODINO - REQUEST F~ COUNCIL ACTION
From:' Richard, McGreevy I Coordinator Subject: Applicant I s Agent Resolution
Dept: Disaster Preparedness
Date: July 17 I 1992
Synopsis of Previous Council action:
none
Recommended motion:
Adopt Resolution
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''1ic/JAL fit C.Jli.VP41 -6.q ~'~ -
Signature J j' U L (/ /IV~
Contact perlOn: Richard McGreevy
Phone: 384-5115
Supporting deta etteched:
Werd:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnence:
Council Note.:
"Oe".I:'!t
Anpnrl#ll I tprn Nn /6
CITY.OF SAN BERN~DINO - REQUEST 8?R COUNCIL ACTlor
STAFF REPORT
On June 28, 1992 Governor Wilson declared an emergency
for the entire county of San Bernardino due to the
earthquakes which occured June 28, 1992. On July 1,
1992 President Bush provided a Presidential declaration
of emergency. As a result of these declarations the City
is eligible for partial reimbursement of earthquake
related expenses.
The attached resolution needs to be adopted by Council
prior to any refunds 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 THE RECENT EARTHQUAKES ON
3 JUNE 2B, 1992 ~
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WHEREAS, on June 28, 1992 Governor Wilson declared an
emergency for the entire County of San Bernardino due to the
earthquakes which occurred June 28, 1992;
WHEREAS, on July 1, 1992 President Bush provided a
residential declaration of emergency; and
WHEREAS, as a result of these declarations the City is
ligible for partial reimbursement of earthquake related expenses;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Shauna Clark, City Administrator, Richard
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cGreevy, Disaster Preparedness Coordinator, and Martin F. Romeo,
enior Accountant are hereby authorized to execute an application
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't in the Office of Emergency Services for the purpose of
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or and on behalf of the City of San Bernardino, a public entity
stablished under the laws of the State of California and to file
btaining certain federal financial assistance under P.L. 93-288
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s amended by the Robert T. Stafford Disaster Relief and Emergency
ssistance Act of 19B8, for state financial assistance under the
atural Disaster Assistance Act, a copy of which is attached
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ully as though set forth at length.
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ereto, marked Exhibit "A" and incorporated herein by reference as
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SECTION 2.
The City of San Bernardino, a public entity
stablished under the laws of the State of California hereby
uthorizes its agent to provide to the State Office of Emergency
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ervices for all matters pertaining to such disaster assistance
he assurances and agreements required.
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RESOLUTr-I . . . AUTHORIZIK~HE SUBMISSION OF AN
PLICATION TO~E OFFICE of ~RGENCY SER~CES FOR THE PURPOSE OF
BTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN CONJUNCTION WITH
HE DECLARED STATE OF EMERGENCY ISSUED FOR THE COUNTY OF SAN"
ERNARDINO AS A RESULT OF THE RECENT-EARTHQUAKES ON JUNE 28, 1992
I HEREBY CERTIFY that the foregoing resolution was duly
the Mayor and Common Council of the City of San
at a
meeting thereof, held on the
, 1992, by the following vote, to wit:
Members:
AYES
NAYS
ABSTAIN
ABSENT
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19 of
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City Clerk
The foregoing resolution is hereby approved this
day
, 1992.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
24 City Attorney
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By:
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Qibit "A"
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
BE IT RESOLVED BY THE Common Council OF THE City of San Bernardino
THAT Shauna Clark
, City Administrator
OR
, Disaster Preparedness Coordinator
o~ Senior Account
,
Richard McGreevy
Martin F. Romeo
,
SECTION 1. is hereby authorized to execute for and in behalf of the
City of San Bernardino, a public entity established under the laws of
the State of Californi~ 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.
Stafford Disaster Relief and Emergency Assistance Act of 1988, or
state financial assistance under the Natural Disaster Assistance Act,
a copy of which...
SECTION II. the City of San Bernardino, 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, Mayor
~--? ?:~~
yes F. enman, City Attorney
Rachel Krasney, City Clerk
CERTIFICATION
I,
, duly appointed and
Title
of the City of San Bernardino, do hereby certify that the above is a
true and correct copy of a resolution passed and approved by the
of the
on ,the
day of
, 1992.
Date:
City Clerk
(Official Position)
(Signature)
NATtJRAL DZSJUh:OSSZSTANCE AC'1' :.:)
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-B6 Regular Session.
Chapter 7.5
..
..
HA'l'CRAL DZSASTER ASSZSTANCE AC'1'
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
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(a)
in the case~a public facilities proj~, 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 hi9hways 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. ~~."istration
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
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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
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to carry out the~urposes of th~s 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 ~o 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
Art:.c~. 4. AJ.~~t~oDS to Local. Aq.nc:... :.>
8685. Director ~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 anyone 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.
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(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 chapt~r.
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 Diaaater Asat. Act 4
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the proposed work, has estimated the cost of the work, and has
filed its repoQthereon with the directo~thin 60-days from the
date the local ency made application, u ss 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 exten4ed by the director, the director may complete the
investigation an~ 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 mat~hing 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
in a state
($2,500) .
no allocation
~re of less
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for any projec1;. application resulting
than two thouc '~fire hundred dollars
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(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 determin~d 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 the amount to be allocated by rhe state. The state
contribution ~ll not exceed the net cO~~f restoring each such
facility on t~asis of the design of sU~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
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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 B686.4, 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 project~,
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
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8687.2. Exhaustion of financial resources ~_ local agency; public
faciliC:;s project; state alloclat~
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 r~ources because of disaster expenditures, the
provisions of Sectlon 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
po=tion 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, tinder 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
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Arti.c~. S. Funds
8690. Definit~
,:)
As used in this article:
(a) "Fund" means the Natural Disaster Assistance Fund created by
Section 8690.2.
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(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 fund assistance for cost shar~~required under
federal dis _r assistance programs, ~pecified in
SUbdivision~ 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.
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(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 t~e intent of the Legislature that the Public Facilities
and Local Agency Disaster Response Account and the Office or
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
~atural ~isaster Asst. Act 10
the account, provided that the transf:Qis not made sooner than
30 days af~ notification in writing the necessity therefor
is provideb-to the Joint Legislative get 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 deferre&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; al'location; 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.
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(d) The amount of financial assistance provided to an individual,
business, q-~overnmental entity under?~is section, or
pursuant t~y other program of stat~ded 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.
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(e) The Legislatu%e 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 ~he Disaster Response-Emergency
Operations Account, the 19B7 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
d~strict 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 eliqible 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.
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(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.
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(b) In order to qualify for funding under this section, the
Californi~tate University and any e~ible community college
district ~ll undertake to utilize ~um 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 ibr 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 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.
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