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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 Page 1 6637 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. Page 2 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