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HomeMy WebLinkAbout2011-07-26; City Council; 20640; DESIGNATION AUTHORIZATION AGENTS DISASTER CLAIMSCITY OF CARLSBAD - AGENDA BILL AB# 20,640 MTG. 7/26/201 1 DEPT. TRAN DESIGNATION AND AUTHORIZATION OF AGENT(S) TO ACT ON BEHALF OF THE CITY IN THE PROCESSING OF DISASTER CLAIMS DEPT. DIRECTOR ft'fjft CITY ATTORNEY /^fj?' CITY MANAGER (js RECOMMENDED ACTION: Adopt Resolution No. 2011-181 designating and authorizing agent(s) to act on behalf of the City in the processing of disaster claims. ITEM EXPLANATION: The City has applied for FEMA disaster relief for flood damage that occurred to the Rancho Santa Fe Road Offsite Mitigation Area between December 29, 2010 and January 4, 2011, designated as FEMA Incident 1952. In order to complete the application process, the City must designate and authorize an agent to act on its behalf on the attached California Emergency Management Agency (Cal EMA) Form 130, Designation of Applicant's Agent Resolution for Non-State Agencies. This application allows for the designation, by job title/position, and authorization for up to three individuals to act as the agent on behalf of the City. This item designates and authorizes the City of Carlsbad City Manager, the Deputy City Manager, or the Finance Director to act as the authorized agent of the City in matters relating to disaster relief and emergency assistance. The Cal EMA Form 130 will be filed with the California Emergency Management Agency and will remain valid for three years. An employee's job title/position will be designated rather than individual's name. The City will provide Cal EMA a list of names of individuals fulfilling the job title/position set forth in the form. If an individual assigned to a particular job title/position changes, an update letter may be sent to Cal EMA; this process will avoid having to amend the Cal EMA Form 130 resolution. ENVIRONMENTAL IMPACT: Pursuant to Public Resources code section 21065 and the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require an environmental review. FISCAL IMPACT: The City will be able to apply for federal and/or state financial assistance for disaster relief and emergency assistance; specific amounts will be determined with the occurrence of each incident. DEPARTMENT CONTACT: Patrick Vaughan 760-602-2780 patrick.vaughan@carlsbadca.gov FOR C/7Y CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 EXHIBITS: 1. Resolution No. 2011-181 designating and authorizing agent(s) to act on behalf of the City in the processing of disaster claims. 2. CalEMA Form 130. 1 RESOLUTION NO. 2011-181 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3" 4 21 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, DESIGNATING AND AUTHORIZING AGENT(S) TO ACT ON BEHALF OF THE CITY IN THE PROCESSING OF DISASTER CLAIMS. 5H WHEREAS, the City of Carlsbad is likely to incur losses in the form of property damage 6 during local emergencies; and 7 WHEREAS, under Public Law 93-288 as amended by the Robert T. Stafford Disaster 8 Relief and Emergency Assistance Act of 1988, and/or the California Disaster Assistance Act, 9 the City of Carlsbad is entitled to reimbursement for certain losses; and 10 WHEREAS, the City of Carlsbad must designate and authorize an agent(s) to act on its 11 behalf in the processing of disaster claims; and WHEREAS, the City of Carlsbad may designate and authorize up to three individuals to 1 \5 act on its behalf; and14 WHEREAS, the City of Carlsbad designates the City Manager, the Deputy City 10 Manager, and the Finance Director to act on its behalf; and16 WHEREAS, individuals eligible to act on behalf of the City of Carlsbad will be designated . and authorized based on their respective job title/position, rather than by an individual's name, IO thereby eliminating the need to amend the Form 130 designation when a named individual is noi y „» longer available to act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 22 California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager, the Deputy City Manager, and the Finance Director are hereby designated and authorized to act, to apply for, and to execute necessary documents for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by 1 2 3 4 the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. 3. That the Mayor shall sign Cal EMA Form 130 on behalf of the City of Carlsbad, a public entity established under the laws of the State of California. 5 4. That the City of Carlsbad, a public entity established under the laws of the State c of California, hereby designates and 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. 9 5. That Form 130 is a universal resolution and is effective for all open and future 10 disasters up to three (3) years following the date of approval below. 11 " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of July, 2011, by the following vote to wit: AYES: Council Members Hall, Blackburn, Douglas and Packard. NOES: None. ABSENT: Council Member Kulchin. MATT WALL, Mayor ATTEST: ±>RRj\INE M. WOOD, City Clerk (SEAL) STATE OF CALIFORNIA CALIFORNIA EMERGENCY MANAGEMENT AGENCY Cal EMA 130 Disaster No: Cal EMA ID No:. DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE City Council QF THE (Governing Body) City Manager City of Carlsbad THAT (Title of Authorized Agent) Deputy City Manager (Name of Applicant) _,OR _OR (Title of Authorized Agent) Finance Director (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City Of Carlsbad _. 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 1'. Stafford Disaster Rclicl and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. City of Carlsbad _, a public entity established under the laws of the State of California.THAT the (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: (ZJThis is a universal resolution and is effective for all open and futures disasters up to three (3) years following the dale of approval below. rTrhis is a disaster specific resolution and is effective for only disaster number(s) Passed and approved this 26th day of July Matt Hall. Mayor .20 11 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) I, Lorraine M. Wood (Name) City of Carlsbad (Name and Title of Governing Body Representative) CERTIFICATION , duly appointed and City Clerk of (Name of Applicant) Resolution passed and approved by the City Council (Governing Body) (Title) _, do hereby certify that the above is a true and correct copy of a on the 26th _day of July _,20_U Cal EMA 130(Rev 4/11) of the City of Carlsbad (Name of Applicant) City Clerk (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 date of approval. When completing the Cal EMA Form 130, Applicants should fill in the blanks on page I. The blanks are to be filled in as follows: Resolution 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 or 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 of 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: 1. 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. 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 to eliminate "Self Certification," Cal EMA 130(Rev4/11) Page 2