REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Designating City Personnel as Authorized Agents Applying for Emergency Financial Assistance in Response to Declared Emergencies as Required by the California Office of Emergency Services (Cal OES) and Approve Renewal of Cal OES Form 130C
Report
BACKGROUND
The City’s last California Office of Emergency Services (Cal OES) Form 130 - Designation of Applicant’s Agent Resolution was adopted in April 2020 (RTC 20-0462) and has since expired as Cal OES requires renewal every three years. Maintaining a current designation is essential for the City to remain eligible to receive federal and state disaster recovery reimbursements under the Federal Emergency Management Agency (FEMA) Public Assistance Program and the California Disaster Assistance Act.
This renewal is particularly important as the City continues to seek reimbursement for costs associated with the 2023 Winter Storms (FEMA-4699-DR-CA). During that disaster, a series of severe storms caused widespread flooding, landslides, and infrastructure damage across Santa Clara County. In Sunnyvale, the storms undermined a storm drain outfall on Mockingbird Lane and caused significant erosion along Stevens Creek. The City proclaimed, and the City Council ratified, a local emergency through Resolution No. 23-0501 on April 4, 2023. Following ratification, City staff initiated emergency stabilization and repair work to protect the roadway, utilities, and nearby properties. The work was reported to Council in RTC 23-0640 and assigned Project 836140 - Stormwater Outfall Emergency Repair, which is being used to track expenditures and support reimbursement claims.
The total eligible cost for this emergency repair project is $444,566.81, of which 75 percent is eligible for federal and state cost-sharing through Cal OES and FEMA under the Public Assistance Program. Renewal of the Cal OES Form 130 is required to process these reimbursement requests and recover the City’s eligible expenditures.
Adoption of the updated Cal OES Form 130 will authorize designated City staff to execute reimbursement requests and ensure the City remains eligible for disaster recovery funding for current and future declared events.
EXISTING POLICY
Council Policy 2.4.1 - Emergency Planning and Coordination
Provide an integrated approach to planning and management for emergencies and disasters.
General Plan Goal SN-2 - Effective Disaster Preparedness
Ensure that the City, its community members, and partner organizations are prepared to effectively respond to and recover from major disasters and emergencies.
Sunnyvale Municipal Code Chapter 2.16 (Emergency Organization and Functions) and Section 2.08.190 (Emergency Procurements) authorize the City Manager to direct emergency response and recovery activities and to report to the City Council as required.
ENVIRONMENTAL REVIEW
The proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4) because it is a fiscal and administrative activity that does not involve a physical change to the environment.
DISCUSSION
Cal OES requires a Designation of Applicant’s Agent Resolution for Non-State Agencies to be on file for an agency to obtain financial assistance under federal Public Law 93-288 (as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act) and under the California Disaster Assistance Act.
A new resolution must be adopted when:
• the previous authorization is more than three years old,
• authorized agents have changed, or
• the previous resolution was limited to a specific disaster.
The proposed Resolution (Attachment 1) is considered a universal resolution which would be effective for all current and future disasters for up to three (3) years from the date of Council approval and applies to all current and future disaster declarations during that period.
The resolution designates the City Manager, Finance Director, and Assistant Finance Director as the City’s Authorized Agents to execute and submit applications and related documentation for disaster-related federal and state financial assistance. The City Clerk will attest and transmit the approved form to Cal OES.
Adopting the resolution ensures that the City remains eligible to receive FEMA and Cal OES reimbursements for emergency repairs and recovery activities, including costs associated with the 2023 Winter Storms and other declared events.
FISCAL IMPACT
There is no direct fiscal impact from approving this resolution. Adoption of the updated Cal OES Form 130 will enable the City to receive federal and state disaster relief funding for eligible costs already incurred and for future emergency-related work.
The total eligible expenditure for Project 836140 - Stormwater Outfall Emergency Repair is $444,566.81. Of this amount, 75 percent is eligible for cost-sharing reimbursement through Cal OES and FEMA. Adopting the updated Form 130 will allow the City to complete the reimbursement process and recover these eligible costs.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Adopt a Resolution Approving California Office of Emergency Services (Cal OES) Form 130, Designation of Applicant’s Agent Resolution for Non-State Agencies, in Support of City Disaster Recovery for Disaster-Related Expenditures
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Winola Cheong, Deputy Director of Water and Sewer, Environmental Services Department
Reviewed by: Ramana Chinnakotla, Director, Environmental Services Department
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Resolution Designating City Personnel as Authorized Agents Applying for Emergency Financial Assistance in Response to Declared Emergencies as Required by the California Office of Emergency Services (with attached Cal OES Form 130)