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HomeMy WebLinkAbout09 - Approval of Cal OES Form 130, Designating Agents Necessary to Provide for All Matters Pertaining to State and FEMA ReimbursementsQ �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report November 10, 2020 Agenda Item No. 9 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org PREPARED BY: Katie Eing, Emergency Services Coordinator PHONE: 949-644-3670, keing@nbpd.org TITLE: Approval of California Office Emergency Services (Cal OES) Form 130, Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements ABSTRACT: In order to receive State and Federal disaster relief funds from the California Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA), the City is required to submit Cal OES Form 130 (which designates representatives responsible for filing and providing information to FEMA and Cal OES on behalf of the City) every three years. The designated agent(s) are authorized to apply and submit for financial assistance following a declared disaster. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly-, and b) Approve Cal OES Form 130, authorizing the City Manager, the Finance Director or Police Chief to execute California Office of Emergency Services (Cal OES) and/or Federal Emergency Management Agency (FEMA) documents for present and future disaster relief applications. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. Cal OES and FEMA disaster assistance can reimburse the City for eligible costs associated with declared and approved disasters. DISCUSSION: The City has incurred various costs related to the COVID-19 pandemic from March 2020 to present, some of which are eligible for reimbursement from FEMA and Cal OES. In March, the City proclaimed a Local Emergency, which was sent to the County and State. 9-1 Approval of California Office Emergency Services (Cal OES) Form 130, Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements November 10, 2020 Page 2 During the same time, Governor Newsom declared a State of Emergency for all counties and President Trump granted a Presidential Declaration to assist all the states. Staff is in the process of completing the required reimbursement paperwork which must be accompanied by Cal OES Form 130. Cal OES requires that the City Council must approve Form 130 (Attachment A), which designates representatives responsible for filing and providing information to FEMA and Cal OES on behalf of the City, every three years. Upon approval, Cal OES Form 130 will be submitted with claim documentation. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Cal OES Form 130 9-2 Attachment A STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES ID No: Cal OES 130 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Newport Beach (Governing Body) (Name of Applicant) THAT City Manager OR (Title of Authorized Agent) Finance Director OR (Title of Authorized Agent) Police Chief (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of Newport Beach , a public entity (Name of Applicant) established under the laws of the State of California, this application and to file it with the California Governor's Office of 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 Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the City of Newport Beach a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances 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 of approval below. ❑This is a disaster specific resolution and is effective for only disaster number(s) Passed and approved this I, (Name) (Name of Applicant) Resolution passed and approved by the of 20 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION duly appointed and (Title) of do hereby certify that the above is a true and correct copy of a (Governing Body) on the day of 120— (Signature) 20_. (Signature) Cal OES 130 (Rev.9/13) Page 1 of the (Name of Applicant) (Title) 9-3 Attachment A STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES 130 - 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. When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows: Resolution Section: Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, 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 agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor's Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section: 1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title. If "Titles Only" is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body's signature. 2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of two or more approving board members need to be listed. Certification Section: Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval. Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or 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) to eliminate "Self Certification." Cal OES 130 (Rev.9/13) Page 2 STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES ID No: Cal OES 130 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Newport Beach (Governing Body) (Name of Applicant) Mr -10 City Manager (Title of Authorized Agent) OR Finance Director OR (Title of Authorized Agent) Police Chief (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of Newport Beach , a public entity (Name of Applicant) established under the laws of the State of California, this application and to file it with the California Governor's Office of 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 Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the City of Newport Beach a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Please check the appropriate box below: RI Phis is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below. ❑This is a disaster specific resolution and is effective for only disaster number(s) Passed and approved this /6 Ah day of NO VeMbCr 20 20 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION I, ✓" I �' !`" ���� duly appointed and G�Z�< of `fir (Name) (Title) V K {r/IG do hereby certify that the above is a true and correct copy of a (Name of Applicalica ti ) Resolution passed and approved by the of the C 1 T O It WT OW ,r 'r (Governing Body) (Name of Applicant) on the �� day of IVY , 20U. •N M\, - - ,, 0 0 �,�WPoRT C�T� G►�- (Signature) O (Title) t >. Cal OES 130 (Rev.9/13)%U T age I 1 �cl FO FNP STATE OF CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES Cal OES 130 - 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. When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows: Resolution Section: Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, 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 agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor's Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section: 1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents would be entered here, not their names. This allows the document to remain valid (for 3 years) if an Authorized Agent leaves the position and is replaced by another individual in the same title. If "Titles Only" is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body's signature. 2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of two or more approving board members need to be listed. Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval. Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or 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) to eliminate "Self Certification." Cal OES 130 (Rev.9/13) Page 2