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CC SR 20240521 F - CalOES Form 130 - Designation of Applicant's Agent CITY COUNCIL MEETING DATE: 05/21/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to adopt an updated “Designation of Applicant’s Agent” resolution for the California Office of Emergency Services (CalOES). RECOMMENDED COUNCIL ACTIONS: (1) Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO FILE APPLICATION WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CalOES). FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Vina Ramos, Director of Finance VR REVIEWED BY: same as above APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2020-__ (page A-1) B. Draft CalOES Form 130 (page B-1) BACKGROUND: The CalOES "Designation of Applicant's Agent" resolution (Resolution) authorizes a public entity to submit applications for the purpose of obtaining Federal financial assistance, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. An updated resolution is required to meet CalOES requirements for reimbursement purposes. A new Resolution for non-state agencies is required every three (3) years. The City’s most recent Resolution was adopted on April 7, 2020. October 3, 2023, the City Council adopted Resolution No. 2023-47, declaring a local state of emergency due to the alarming increase of land movement in the Greater Portuguese Bend Landslide Complex. The City Council has renewed the local emergency declaration 1 RANCHO PALOS VERDES since then and recent as May 7, 2024 pursuant to Resolution No. 2024 -20, with the next landslide update on July 2, 2024. On April 15, 2024, FEMA announced that federal disaster assistance has been made available to the state of California, including Los Angeles County, to supplement recovery efforts in the areas affected by the severe winter storms from January 31 to Februar y 9, 2024. This declaration makes federal funding available on a cost -sharing basis to local government agencies, including the City, for emergency work and the repair or replacement of facilities damaged by the storms. The cost of the Portuguese Bend Landslide Emergency Hydraugers Project may be eligible for reimbursement through the FEMA disaster recovery program. It is important to note that CalOES informed the City that landslides are considered pre-existing and are typically not considered for damage recovery, but if the City can demonstrate that the land movement was accelerated due to the February 2024 Atmospheric River and meet other requirements, the City may be eligible for damage recovery costs. As part of the City’s efforts to pursue any potential funding opportunities, on May 13, 2024, Staff submitted applications for cost-sharing public assistance from both FEMA, covering up to 75% of eligible damages, and from CalOES, covering up to 75% of the non-federal share. To fulfill the requirements for the CalOES’ funding request, Staff recommends that the City Council adopt the attached draft resolution (Attachment A). Once adopted, copies of the updated resolution and CalOES Form 130 (Attachment B) will be transmitted to CalOES. ALTERNATIVES: In addition to the Staff recommendation, the following alternate action is available for the City Council’s consideration: 1. Take other action, as deemed appropriate. 2 RESOLUTION NO. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO FILE APPLICATIONS WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CalOES) WHEREAS, CalOES ensures that local jurisdictions meet federal and state eligibility requirements defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended, 44 CFR 302; and, WHEREAS, applications to be filed under the laws specified in this resolution are to be signed by one of the following City officials: • City Manager • Deputy City Manager • Finance Director NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council hereby authorizes the aforementioned officials of the City of Rancho Palos Verdes to execute for and on behalf of the City of Rancho Palos Verdes, a public entity established under the laws of the State of California, to make application and to file it in the California Office of Emergency Services (CalOES) for the purpose of obtaining certain federal 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. PASSED, APPROVED AND ADOPTED this 21st day of May 2024. _______________________ John Cruikshank, Mayor Attest: _______________________ Teresa Takaoka, City Clerk A-1 Resolution No. 2024-__ Page 2 of 2 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss CITY OF RANCHO PALOS VERDES) I, Teri Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2024-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 21, 2024. _______________________ Teresa Takaoka, City Clerk A-2 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE OF THE (Governing Body) (Name of Applicant) THAT , OR (Title of Authorized Agent) , OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the , (Name of Applicant) a public entity 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 federal financial assistance for any existing or future grant program, including, but not limited to any of the following: -Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), 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. - Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. - National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the (Name of Applicant) laws of the State of California, 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. STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION Cal OES ID No: _____________ OES-FPD-130 Rev. 10-2022 Page 1 of 4 B-1 Please check the appropriate box below This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): Passed and approved this __day of , 20 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION I, , duly appointed and of (Name) (Title) , do hereby certify that the above is a true and (Name of Applicant) correct copy of a resolution passed and approved by the (Governing Body) of the on the day of , 20 . (Name of Applicant) (Signature) (Title) STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION OES-FPD-130 Rev. 10-2022 Page 2 of 4 B-2 □ □ 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 pages 1 and 2. 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 California Governor’s Office of Emergency Services regarding grants for which they have applied. There are two ways of completing this section: 1.Titles Only: 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 either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It 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. STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION OES-FPD-130 Rev. 10-2022 Page 3 of 4 B-3 Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution. 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. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met. Certification Section: Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution. 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 that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.” STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON-STATE AGENCIES OES-FPD-130 (Rev. 10-2022) RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION OES-FPD-130 Rev. 10-2022 Page 4 of 4 B-4