HomeMy WebLinkAbout15- Fire OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Richard McGreevy Subject: Applicant' s Agent Resolution
Dept: Fire
Date: April 21 , 1998 t
Synopsis of Previous Council action:
Recommended motion: Approve Resolution
Signature
Contact person: Lori Morcos Phone: 384-5115
Supporting data attached: Ward: All
FUNDING REQUIREMENTS: Amount: 0
Source: .(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
S�lg� Qg
75-0262 Agenda Item No. �`�
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On February 26, 1998 Governor Wilson declared a State of Emergency
for the entire County of San Bernardino due to the rain storms which
started February 2, 1998. Subsequently, on March 6, 1998 President
Clinton provided a Major Disaster Declaration for the entire county.
As a result of these declarations, the City is eligible for partial
reimbursement of storm related expenses. As of April 20, 1998 the
City has identified approximately $120, 000 in emergency response,
debris clearance and infrastructure repair costs.
The attached resolution identifies City positions authorized
to execute City applications for refund of disaster related costs.
It needs to be passed by the Common Council and sent to the Gover-
nor' s Office of Emergency Services in order for the cost recovery
process to proceed.
75-0264
CS, [P%7 -
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
3 THE SUBMISSION OF AN APPLICATION TO THE STATE OFFICE OF EMERGENCY
SERVICES FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL
4 ASSISTANCE IN CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY
5 ISSUED FOR THE COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN
STORMS IN FEBRUARY 1998.
6
WHEREAS, on February 26, 1998 Governor Wilson declared a State of
7
8 Emergency for the entire County of San Bernardino due to the rain storms which started
9 February 2, 1998;
10 WHEREAS, on March 6, 1998 President Clinton provided a Presidential
11 Major Disaster Declaration; and
12
WHEREAS, as a result of these declarations the City is eligible for partial
13
14 reimbursement of storm-related expenses;
15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
16
17 SECTION 1. Persons in the positions of City Administrator, Fire
18 Department Administrative Analyst and Disaster Preparedness Coordinator, and Finance
19 Department Accounting Manager are hereby authorized to execute an application for and
20 on behalf of the City of San Bernardino, a public entity established under the laws of the
21
State of California and to file it in the State Office of Emergency Services for the purpose
22
23 of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert
24 T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial
25 assistance under the Natural Disaster Assistance Act, a copy of which is attached hereto,
26 marked Exhibit"A" and incorporated herein by reference as fully as though set forth at
27
length.
28
SECTION 2. The City of San Bernardino, a public entity established under
1 the laws of the State of California hereby authorizes its agent to provide to the State Office
2 of Emergency Services for all matters pertaining to such disaster assistance the assurances
3
and agreements required.
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1 RESOLUTION AUTHORIZING THE SUBMISSION OF AN
2 APPLICATION TO THE STATE OFFICE OF EMERGENCY SERVICES FOR THE
PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN
3 CONJUNCTION WITH THE DECLARED STATE OF EMERGENCY ISSUED FOR THE
COUNTY OF SAN BERNARDINO AS A RESULT OF RAIN STORMS IN FEBRUARY
4 1998.
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
6
Mayor and Common Council of the City of San Bernardino at a meeting thereof,
7
8 held on the day of , 1998, by the following vote,to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 LIEN
12
ARIAS
13
14 SCHNETZ
15 DEVLIN
16 ANDERSON
17 MILLER
18
19
Rachel G. Clark, City Clerk
20
21 The foregoing resolution is hereby approved this day of ,
22 1998.
23 Judith Valles, Mayor
24 City of San Bernardino
25 Approved as to form and
26 legal content:
27 JAMES F. PENMAN,
City Attorney
28
By: � --
Exhibit "A"
State of California OFFICE OF EMERGENCY SERVICES
n e Nc.
DESIGNATION OF
APPLICANTS AGENT RESOLUTION
BE IT RESOLVED BY THE Common Council OF THE City of San Bernardino
' (Govema+g Body) (Name of A*iawl
THAT City_ Administrator OR
(Title ofAud wrized Agent)
Finance Accounting Manager OR
Fire DepaY-E'IefA mi ;"fi§ rative Analyst OR
f1.—z Audwrized:6�
Disaster Preparedness Coordinator
(Title of Audwrized Agent)
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 California.this application and to file it in the Office of Emergency Services for the
purpose of obtaining certain federal financial assistance under P.L.93-288 as amended by the Robert T.Stafford Disaster
Relief and Emergency Assistance Act of 1988,and/or state financial assistance under the Natural Disaster Assistance Act
THAT the City of San Bernardino ,a public entity established under the laws of the State of California,
hereby authorizes its agent(s)to provide to the State Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.
sed and approved this day of 19
Judith Valles, Mayor
(Name and Title)
James F. Penman, City Attorney
(Name and Title)
Rachel Clark, City Clerk
(Name and Title)
CERTIFICATION
1, duly appointed and of
(Name) (Title)
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 Common Council of the City of San Bernardino on the
IGovemng Cody) (Name of Applicantl
day of . 19
Date:
City Clerk
(Official Position)
(Signature)
OES Form 130 OW971 DAD Farm
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
"or„�o.•r nn lte-iCatinn" maAnG the written application made by a local
-�-"- -r -
agency to the director for state financial assistance, which shall
include:
Natural Disaster Asst. Act
(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 thi3 ch-pt--r . 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 o 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. Allocations 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,
ekcluding 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 work, has estimated the cost of 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
Furus appropriated for Lce 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 no allocation for any project application resulting
in a state share 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 the amount to be allocated by the state. The state
contribution shall not exceed the net cost of restoring each such
facility on the basis of the design of such facility as it existed
immediately prior to the disaster in conformity with current codes,
specifications, and standards .
8686.6. Street and highway project; repair, restoration or
replacement
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, �.f such loan would not result
in a violation of Section 40 of Artic:e 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. Exhaustion of financial resources of 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 Te-vied by that county and used for road
purposes shall be included.
Natural Disaster Asst. Act 8
Article 5. roach
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
Transvortation 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 account s; creation
The State Controller shall establish the following four special
accounts in the Natural Disaster Assistance Fund:
(a) The pLoiic FaCili.ties 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 sharing 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 *hat 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 Disaster Asst. Act 10
the account, provided that the transfer is not made sooner than
30 days after notification in writing of the necessity therefor
is provided to the Joint Legislative Budget Committee .
8690 .5 . Expenditure, transfer and allocation of moneys
Income from investment of moneys in the fund and all payments by
local agencies in reimbursement of moneys disbursed from the fund,
including deferred payments with charges, and all other moneys
deposited therein pursuant to law, shall be available for
expenditure, transfer and allocation pursuant to this chapter.
8690 . 6 . Disaster response-emergency operations account; creation;
appropriations; allocation; standards and instructions;
deduction for damage claims against state; duration of
section
(a) There is hereby established in the Reserve for Economic
Uncertainties a Disaster Response-Emergency Operations Account .
Notwithstanding Section 13340, moneyss in the account are
continuously appropriated, without regard to fiscal years, for
both of the 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 cr
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
cos=s 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
approval c f t Office f
review and 3pp� �a_ he O_
A,`.4�,.l4 ; ctra.t_;, T,aw All fi.tnds 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, or governmental entity under this 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.
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(b) In order to qualify for funding under this section, the
California State 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 e, uca=ion entities
within 30 days of the operative date of :ection, as added
by the 1987-88 First Extraordinary Sess- the Legislature.
Notwithstanding Chapter 3 .5 (commencinc _z Section 11340) of
Part 1 of Divi-sion 3 of Title 2, these lards, if
promulgated, s_:all not be subject to t- Tiew and approval of
the Office of ; :ministrative Law.
(d) Under the Stan - -:s and procedures t - _escribed by the
Office of Emer= --y Services, a hic'- . _cation entity may
receive an advr_ of funs for apF _ _ costs . These advances
shall not exc-- perce of the -z- ,, .-.t approved for
allocation tc _;=_c'_e 'Local ages
(e) Funds provi : _ursuant to the requ_: •nt of this section may
be audited by the Controller .
(f) Any unused funds shall revert to the 3aster Response
Emergency Operations Account .
8691 . Street and highway account; trans' to state highways fund
Any money in the Street and Highway A:zo- which the director
determines is not -needed for immedia:e 3r the purposes
otherwise specified in this chapter _-_zai_ available for transfer
by the Department of Finance to the Mate _ghway Account in the
State Transportation Fund for allocation expenditure for
construction of state highways, but any a. nt so transferred
shall, after receipt by the Department of -=snsportation 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
Fuciliticc, when -ands are eligible for reimbursement with
emergAnry 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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