REPORT TO COUNCIL
SUBJECT
Title
Adoption of a Resolution Approving the California Governor’s Office of Emergency Services (Cal OES) Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) Designating the City Manager, Director of Finance, and Assistant Director of Finance as Authorized Agents of the City to Execute Agreements, Assurances, and Reimbursement Claims Required for related to Obtaining 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
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The City of Santa Clara (City) may apply for assistance from the Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (Cal OES) when major disasters occur. FEMA administers federal disaster assistance programs and Cal OES administers state disaster assistance programs.
Cal OES requires a Designation of Applicant’s Agent Resolution for Non-State Agencies (Cal OES Form 130) to be on file for the purpose of obtaining (1) 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 (2) state financial assistance under the California Disaster Assistance Act. A resolution must be passed by the applicable governing body and submitted to the Cal OES authorizing a list of representatives to serve as Authorized Agents in matters relating to certain federal and state financial assistance. Authorized Agents may act as authorized signatories and validate and receive funds from FEMA and Cal OES. The designation remains active for three (3) years from the date of execution.
DISCUSSION
On March 11, 2020, the City Manager proclaimed an emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel coronavirus (COVID-19). On March 17, 2020, City Council adopted Resolution No. 20-8815 ratifying the Proclamation of Local Emergency in the City of Santa Clara.
City staff have identified $1,356,446.71 of expenses the City incurred from March 2020 through June 2022 that are eligible for reimbursement as a result of the COVID-19 pandemic, including, but not limited to, expenses related to personal protective equipment (PPE), disinfectant supplies and equipment, screening supplies, public safety emergency response efforts, emergency community feeding programs, and management costs. In August 2024, FEMA obligated and approved the COVID-19 claims, and assigned Cal OES to process the reimbursement request to the City. CalOES requires the City to formally designate by resolution Authorized Agents to execute applications, agreements, and other actions pertaining to disaster relief and emergency assistance by filing Cal OES Form 130 (Attachment 2) before they can release the funds.
Staff recommends that the City Council authorize the titles of City Manager, Director of Finance, and Assistant Director of Finance, respectively, as Authorized Agents to apply for federal and state disaster financial assistance and act on all matters pertaining to such federal and state disasters, including the reimbursement of costs incurred by the City to date and any potential future expenditures associated with the COVID-19 pandemic.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(5) of Title 14 of the California Code of Regulations in that it solely facilitates funding and is therefore a fiscal activity that does not involve the commitment to a specific project which may result in a potentially significant physical impact on the environment.
FISCAL IMPACT
City staff have identified $1,356,446.71 of expenses the City incurred from March 2020 through June 2022 as a result of the COVID-19 pandemic that are eligible for reimbursement. Approval of the Resolution will provide the opportunity for the City to be reimbursed by FEMA and Cal OES for certain eligible costs incurred related to COVID-19. Upon receipt, funds will be used to reimburse the General Fund for COVID-19 related costs incurred in prior years.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution Approving Cal OES Form 130 Designating the City Manager, the Director of Finance, and the Assistant Director of Finance, respectively, by Title as Authorized Agents for the City of Santa Clara to Execute Agreements, Assurances, and Reimbursement Claims Required for Obtaining 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.
Staff
Reviewed by: Kenn Lee, Director of Finance
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution Approving Cal OES Form 130
2. Exhibit A - Cal OES Form 130 - "Designation of Applicant's Agent Resolution for Non-State Agencies"