HomeMy WebLinkAbout2024-03-26; City Council; ; Designating Agents to Act on the City’s Behalf in the Processing of Disaster Claims Related to the Atmospheric Rivers in January and February 2024Meeting Date: March 26, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Zach Korach, Finance Director
zach.korach@carlsbadca.gov, 442-339-2127
Subject: Designating Agents to Act on the City’s Behalf in the Processing of
Disaster Claims Related to the Atmospheric Rivers in January and
February 2024
District: 1
Recommended Action
Adopt a resolution designating and authorizing agents to act on behalf of the city in the
processing of disaster claims for the purpose of obtaining certain state and/or federal
assistance related to the atmospheric rivers in January and February 2024 and any future
disaster claims.
Executive Summary
The city must designate and authorize an agent to act on its behalf to apply for state and/or
federal financial assistance for costs incurred by the city as a result of the recent atmospheric
rivers in January and February 2024 and any future disaster claims. To do this, the City Council
must approve a form required by the California Governor’s Office of Emergency Services (Cal
OES), which designates the agents who can act on the city’s behalf.
Explanation & Analysis
The city will be applying for state disaster financial assistance under the California Disaster
Assistance Act to cover some of the city’s costs in mitigating damage from the atmospheric
rivers in January and February of 2024.1
Cal OES Form 130, Designation of Applicant's Agent Resolution for Non-State Agencies
(Exhibit 2), allows the city to designate – by job title or position – and authorize up to three
people to act as the agent on behalf of the city.
The city will designate an employee’s job title on Cal OES Form 130 rather than an individual's
name. The city will provide Cal OES a list of the individuals fulfilling the job title or position
listed on the form. This allows the city to simply inform Cal OES in writing of any changes to the
1The City Manager, in his role as Director of Emergency Services, proclaimed local emergencies on Feb. 14, 2024,
so that the city could more swiftly remove debris from the Buena Vista Creek channel and repair a slope between
El Camino Real and Trieste Drive. The City Council ratified the emergency proclamation on Feb. 15, 2024, and has
done so again at each of its regularly scheduled meetings since then.
March 26, 2024 Item #1 Page 1 of 8
CA Review AZ
individuals assigned to a particular job title or position. This process prevents the city from
having to adopt a new Cal OES Form 130 resolution based on changes in staff.
This item designates and authorizes the City Manager, Finance Director or Assistant Director of
Emergency Services to act as the authorized agent of the city in matters relating to disaster
relief and emergency assistance. The Cal OES Form 130 will be filed with the California
Governor’s Office of Emergency Services and will remain valid for three years.
Fiscal Analysis
With this form, the city will be able to apply for federal and/or state financial assistance for any
existing or future disaster claims, including the recent atmospheric rivers.
Next Steps
Staff will process the city’s requests for federal and/or state disaster financial assistance with
Cal OES to cover some of the city’s costs in mitigating damage from the recent storms.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1.City Council resolution
2.California Office of Emergency Services Form 130, Designation of Applicant's Agent
Resolution for Non-State Agencies
March 26, 2024 Item #1 Page 2 of 8
RESOLUTION NO. 2024-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DESIGNATING AND AUTHORIZING AGENTS TO ACT ON BEHALF
OF THE CITY IN THE PROCESSING OF DISASTER CLAIMS FOR THE PURPOSE
OF OBTAINING CERTAIN STATE AND/OR FEDERAL ASSISTANCE RELATED TO
THE ATMOSPHERIC RIVERS IN JANUARY AND FEBRUARY 2024 AND ANY
FUTURE DISASTER CLAIMS
WHEREAS, the City Council of the City of Carlsbad, California, has determined that the City of
Carlsbad incurred financial losses from the atmospheric rivers in January and February of 2024; and
WHEREAS, under the California Disaster Assistance Act, the City of Carlsbad is entitled to
reimbursement for certain losses; and
WHEREAS, the City of Carlsbad must designate and authorize an agent or agents to act on its
behalf in the processing of disaster financial assistance grants; and
WHEREAS, the City of Carlsbad may designate and authorize up to three individuals to act on
its behalf; and
WHEREAS, the individuals authorized to act on behalf of the City of Carlsbad will be designated
and authorized based on their respective job title/position; and
WHEREAS, the City of Carlsbad designates the City Manager, Finance Director or Assistant
Director of Emergency Services to act on its behalf as authorized agents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Cal OES Form 130 is a universal resolution to designate and authorize agent(s)
to execute any state and/or federal existing or future disaster grants declared up to
three (3) years following the date of approval.
3. That the City of Carlsbad, a public entity established under the laws of the State of
California, hereby designates and authorizes its agent(s) to provide the California
Governor's Office of Emergency Services all assurances and agreements required for the
purpose of obtaining state and/or federal disaster financial assistance for any existing
or future grant program.
March 26, 2024 Item #1 Page 3 of 8
Exhibit 1
4. That the City Manager, Finance Director or Assistant Director of Emergency Services are
hereby designated and authorized to act, to apply for, and to execute necessary
documents for the purpose of obtaining state and/or federal disaster financial
assistance.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of March, 2024, by the following vote, to wit:
AYES:
NAYS :
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
March 26, 2024 Item #1 Page 4 of 8
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), HazardMitigation 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
Exhibit 2
March 26, 2024 Item #1 Page 5 of 8
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES e STATE OF CALIFORNIA RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
Please check the appropriate box below
0 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.
D Th is is a disaster/grant specific resolu tion and is effective for only
disaster/grant number(s): ______ _
Passed and approved this 2~day of_M_a_r_c_h ___ , 20_2_4_
Keith Blackburn, Mayor Melanie
(Name and Title of Governing Body Representative) Burkholder,
Priya Bhat-Patel, Mayor Pro-tern
(Name and Title of Governing Body Representotive)
Teresa Acosta, Councilmember
(Name and Title of Governing Body Representative)
Council member
Carolyn Luna,
Councilmember
CERTIFICATION
1,_S_h_e_r_ry_F_re_i_s_i n_g_e_r __ , duly appointed and City c;;1erk of
(Name) (Title)
City of Carlsbad , do hereby certify that the above is a true and
(Name of Applicant)
. City Council correct copy of a resolution passed and approved by the __________ _
(Governing Body)
of the City of Carlsbad on the 26 day of March , 2024 .
(Name of Applicant)
March 26, 2024
Rev. 10-2022
(Si g nature)
City Clerk
Page 2 of 4
(Title)
Item #1 Page 6 of 8
OES-FPD-130 March 26, 2024 Item #1 Page 6 of 8
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 4March 26, 2024 Item #1 Page 7 of 8
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 4March 26, 2024 Item #1 Page 8 of 8