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Agenda Item No. 7
July 26, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Fire Department
Michael Morgan, Interim Fire Chief
949 - 644 -3101, mmorgan @nbfd.net
PREPARED BY: Katie Eing, Emergency Services Coordinator
APPROVED: 6
TITLE: Designation of Applicant's Agent for Federal and State Financial
Assistance
ABSTRACT:
In order to receive State and Federal disaster relief funds from the California
Emergency Management Agency (Cal EMA) and the Federal Emergency Management
Agency (FEMA), the City is required to adopt a "Designation of Applicant's Agent
Resolution." The designated agent(s) are authorized to apply and submit for financial
assistance following a declared disaster.
RECOMMENDATION:
Approve Cal EMA Form 130, Authorizing the City Manager or the Finance Director to
execute California Emergency Management Agency (Cal EMA) 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.
DISCUSSION:
In December of 2010, and in January of 2011, Orange County experienced a series of
severe winter storms. These storms caused flooding, mudslides, beach erosion, and
power outages throughout the County. Due to the severity of the storms, the Chair of
the Orange County Board of Supervisors, Janet Nguyen, proclaimed a Local
Emergency on behalf of all cities and jurisdictions in Orange County. The Local
Emergency Proclamation was then sent to the Acting Governor who declared a State of
Emergency for Orange as well as six other counties. Orange County also received a
Designation of Applicant's Agent for Federal and State Financial Assistance
July 26, 2011
Page 2
Presidential Declaration by President Barack Obama. After a State of Emergency and
Presidential Disaster Declaration was received, Orange County became eligible for
financial assistance. FEMA provides supplemental assistance for State and local
government recovery expenses, and the Federal share is 75 percent of the eligible
costs. The State cost share is 75% of the non - federal share (18.75 %). The local
jurisdictions cost share is 6.25 %.
Staff has applied for State and Federal grant funding to reimburse the City for storm
damage related repairs estimated at $462,000. In order to receive the financial
reimbursement, we must submit an updated Designation of Applicant's Agent
Resolution (Cal EMA 130) to Cal EMA. This is a universal resolution and is effective for
all open and future disasters up to three 3 years following the date of approval.
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).
Submitted
Mica M rgan
Int ri Fie Chief
Attachments: Cal EMA Form 130
STATE OF CALIFORNIA Disaster No: 1952
CALIFORNIA EMERGENCY MANAGEMENT AGENCY Cal EMA ID No: 059 -51182
Cal EMA 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON -STATE AGENCIES
BE IT RESOLVED BY THE
City Council
(Governing Body)
OF THE City of Newport Beach
(Naive of Applicant)
THAT City Manager OR
(Title of Authorized Agent)
Finance Director OR
(Title of Authorized Agent)
(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 Emergency Management Agency 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.
THATthe 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 California Emergency Management Agency for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please check the appropriate box below:
Q✓ This is a universal resolution and is effective for all open and futures 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 26 day of July 20 1 1
Leilani Brown
(Name)
Clt
(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 City Clerk
(Title)
of Newport Beach do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the City Council of the City of Newport Beach
(Governing Body) (Name of Applicant)
on the 26 day of July 2011.
(Signature)
Cal EMA 130 (Rev.4 /11) Page 1
(Title)
STATE OF CALIFORNIA
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Cal EMA 130 - Instructions
Cal EMA Form 130
Instructions
A new Designation of Applicant's Agent Resolution for Non -State Agencies is required if the previously submitted
document is older than three (3) years from the last (late of approval.
When completing the Cal EMA Form. 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as
follows:
olution Section
Governing Body: This is the individual or group responsible for appointing and approving the Authorized
Agents. Examples include: Board of Directors, City Council, Board of Supervisors, etc.
Name of Applicant: This is the official name of the non - profit, agency, city, or county that has applied for the grant.
Examples include: Sacramento Public Water Works; City or Sacramento; or Sacramento County.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal
Emergency Management Agency and the California Emergency Management Agency regarding grants applied for by the
Applicant. There are two ways of completing this section:
I. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents should be entered here, not
their names. This allows the document to remain valid if an Authorized Agent leaves the position and is
replaced by another individual. 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 (e.g.; City Clerk, the Authorized Agent, Secretary to the Director) 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 should be
listed. A new Cal EMA 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.
Name and Tide: 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 to eliminate "Self Certification."
Cal EMA 130 (Rev.4 /11) Page 2