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Item 10 - Project Application for Late Winter 1995 Storm Damage Reminbursement from FEMA - - AGENDAREPORTS~RY - fO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City M~ /' INITIATED BY: John D. Fitch, Assistant City Manag~{' ~ Mark A. Sanchez, Director of Safety,t rvic Robert W. Krans, Battalion Chie~ DATE: February 20. 1996 SUBJECT: PROJECT APPLICATION FOR LATE WINTER 1995 STORM DAMAGE REIMBURSEMENT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND STATE OF CALIFORNIA. ABSTRACT As a result of the late winter stonns of 1995, State and Federal agencies have provided a method for public agencies to recover a portion of their costs associated with mitigating the impacts of the storms, The City's application for the reimbursement of $105,552 has been prepared; however, the submittal of a "Project i Application for Federal Assistance (OES-89) and a resolution designating an authorized representative(s) are , required to complete the application. 'I I ~NVIRONMENTAL REVIEW , Environmental review is not required according to CEQA guidelines. FISCAL IMPACT The submittal of this application will result in reimbursement to the City of Poway of a portion of the , $105.552 which represents our costs to mitigate the winter stonns impacts. : ADDITIONAL PUBLIC NOTIFICATION None. RECOMMENDATION It is recommended that the City Council approve the submittal of the City's Application for Federal Assistance , (OES-89) and adopt the attached resolution which designates an agent for the city to apply for and recover : federallstate disaster assistance. ACTION FEB 2 0 1996 ITEM 10 I of 8 - - AGENDA REPORJ. CITY OF POW A Y TO: The Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ ~ INITIATED BY: John D. Fitch, Assistant City Manage~ ~ Mark A. Sanchez, Director of S~~rvic Robert W. Krans, Battalion Chief DATE: February 20 , 1996 SUBJECT: PROJECT APPLICATION FOR LATE WINTER 1995 STORM DAMAGE REIMBURSEMENT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE STATE OF CALIFORNIA BACKGROUND The late winter rain stonns which commenced on February 13, 1995. and continued through April 19, 1995, brought unusually large amounts of rain. The unanticipated quantities of rain resulted in flooding, mud slides, road washouts and other stonn related damages to public and private property throughout California. As a result of the widespread damage, Governor Wilson declared disaster areas in 18 counties within the State of California. A request for a Presidential Proclamation was requested and granted. As a result of these declarations, several State and Federal Assistance Programs were made available to both public and private entities that suffered stonn.related losses. This disaster period is identified as Disaster Number FEMA-I 046-DR, FINDINGS City staff attended an "Applicant Briefing" for public agencies with representatives from the State Office of Emergency Services (OES) and the Federal Emergency Management Agency (FEMA). As a result of infonnation obtained at that meeting, City staff submitted reimbursement claims totaling $105,552 for 6 damage survey reports. ACTION: 10 2 of 8 - - - Agenda Repon February 20, 1996 Page 2 There are three categories of work for which the City qualified for reimbursement. These categories are established by State OES and FEMA officials to simplify reponing requirements and are as follows: Category A . "Debris Removal" - Clearance of debris and wreckage from publicly and privately owned land and waters - Clean out of reservoirs, debris catch basins, streams and opening channels or facilities Category B - "Emergency Protective Measures" , Construction of emergency levees, pumping, sandbagging and patrolling . Search and rescue, fire and police services. Emergency Operations Center (EOe) activities, and safety inspections . Emergency communication and transponation Category C ' "Road Systems" - Any construction feature within a public right-of-way that is essential to make the - road or street a functional whole, such as Bridges Drainage Structures Embankments Safety Features Although other categories exist, it was not necessary to file claims in Categories D-G. Since the agency briefings, staff representatives from Public Works, Safety Services. State OES and FEMA have held several meetings to complete the City's Application for Reimbursement. To complete our application, two fmal documents must be submitted before reimbursements can be issued, These are the "Project Application for Federal Assistance" (OES-89) and a "Resolution" designating the City's authorized representative. These are included as Attachments "A" and "B", As a requirement of the City's participation in this program, a revenue fund must be established for the deposit of the state warrant once it is received. Under no circumstances are expenditures to be made from this fund for any damages other than those claims already submitted and approved. In addition, this revenue is subject to all the policies and provision of the Single Audit Act of 1984, Public Law 98,502, enacted October 19,1984, To date, we have received approval for $49,405.00 in reimbursement. - ENVIRONMENTAL REVIEW Environmental review is not required for this item under California Environmental Quality Act guidelines, FEB 2 0 1996 itEM 10 3 of 8 Agenda Report February 20, 1996 Page 3 FISCAL IMPACT The majority of the work, repairs and activities identified for reimbursement have been completed with the exception of the channel repairs through Old Poway Park. Pending final approval by State and Federal officials, the City could receive up to $102,122 which will be placed in a revenue account for distribution, ADDmONAL PUBLIC NOTIFICATION AND CORRKI\PONDENCE None, RECOMMENDATION It is recommended that the City Council approve the submittal of the City's Application for Federal Assistance (OES-89) and adopt the attached resolution which designates an agent for the City to apply for and recover StateIFederal Disaster Assistance. JLB:JDF:MAS:RWK:mjl Attachments: A. Application for Reimbursement B. Resolution FEB 2 0 1996 ITEM 10 4 of 8 ,- - S..ofc.lifomoa - OFFICE OF Agreement No. FEMA-1046,DR EMERGENCY SERVICES FIPS No. 073-58520 PROJECT APPLICATION FOR FEDERAL ASSISTANCE SUBGRANTEE'S NAME City of Poway ORGANIZATION UNIT STREET IP.O. BOX 13~25 Civic- Centp.T Drive COUNTY San Dieio CITY 1ST A TE Pow"y CA ZIP 92064 AUlHORIZED AGENT Tames L Bowersox Mark A. Sanchez P~i'iY Stewart TITI..E City Manaipr TRY FPHONE (619) 679-4200 ASSURANCES, CONSTRUCTION PROGRAMS Note: Certain of these assurance mal' not be applicable to your project or p~am. If you have questions, Elease contact the awarding agency. Further, certain federill .....tance awar~ agencies may require app icants to certify to additional assurances. If such is the case, you will be nolifi . AI; the duly authorized representative of the applicant. [ certify that the subgrantee named above: 1. Has the le~al authori?;;> ap~ for federal assistance, and the institutional, managerial and financial capability including ds 5 cient to pay the non,federalshare of project costs) to ensure proper planning, management and completion of the project described in this application, 2. Will give the awarding agency, the Comptroller General of the United States, and if appro",riate, the state. ,- through any authorized representative, access to and the right to examine all records, DOO . papers. or documents related. to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not d~ose of. modify the use of, or change the tenns of the realluroperty title, or other interest in the site and fa .ties without pennission and instructions from the awar mg agency. Will record the federal interest in the title of reallJroperty in accordance with awarding agen:!. directives and will include a covenant in the title of re Jroperly acquired in whole or in part with ederal assistance funds to assure nondiscnmination during e useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and ad:d.uate engineering supervision at the construction site to ensure that the comElete work conforms with e ap~ved plans and specifications and will furnish progress reports an such other information as may required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable lime frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of person or orgarnzational conflict of interest or personal gains. 8. Will comrly with the Lead-Based Paint Poisoning Prevention Act (42 U.S.e. ~~ 4801 et seq.) which prohibits the use 0 lead based paint in construction or rehabilitation of residence structures. 9. Will comp~ with all federal statutes relatin~ nondiscrimination, These include, but are not limited to: (a) Title VI 01 e Civil Ri~hts Act of 1964 (P.L. 352) which prohibits discrimination on the basis of race, color or national Ori~; (b) itle IX of the Education Amendments of 1972, as amended (20 U.S.e. ~ 1681-1683 and 1685,1686 which 8rohibits discrimination on the basis of sex; (c) Section 504 of the Reha ilitation Act of 1973. as amended (29 ,S.c. ~ 794) which ~rohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended ( U.s.e. ~~ 6101-6107) which ~rohibits disaimination on the basis of a~e; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 9:>-25 as amended. relatin~to - non iscrimination on the basis of drug abuse; (I) the Comprehensive Alcohol Abuse and A1co olism Prevention, Treatment and Rehabilitation Act of 1970 (p.L.. 91-616) as amended, relatin~to nondisaimination on the basis of alcohol abuse or alcoholism; (g) ~~ 523 and 527 of the ublic Health Service Act of 1912 (42 U.s.c. 290 dd-3 and 290 ...3), as amendei:l, relating to confidentiality of alcohol and ATTACHMENT A FEe 2 0 1996 "EM 10 5 of 8 drug abuse patient records; (h) Title VITI of the Civil Rights Act of 1968 (42 u.s.e. 9 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of hOUSin~; (i) any other nondiscrimination provisions in the specific statute(s) under which application or federal assistance is being made. and OJ the requirements on any other nondiscrimination statute(s) which may apply to the application. 10. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L.. 91-646) which provides for fair and eqwtable treatment of persons displaced or whose f'operty is acquired as a result of federal and federally assIsted proftms. These reqwrements ~ly to al interests in real property acquired for project purposes regardless 0 federal partidpation in pur ses. 11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) wfuch requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more. 12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental C/:dlity control measures under the National Environmental Policy Act of 1969 (P,O. 91-190) and Executive er (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of pro~ consistenex with the (\'froved state managementJ"ogram develor,ed under the Coastal ZOne anagement ct of 1972 U.S,e. 99 1451 et set!; ( conionrn:t of federa actions to State (Clean Air) Implementation Plans under Section 176(c) of the lean Air Act 0 1955, as amended (42 U.S.e. 9 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended. (p.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended. (p.O. 93-205). 13, Will comply with the Wild and Scenic Rivers Act of 1968 (16 u.s.e. 99 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 14. Will assist the awarding agency in assurin~ compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 .S.e. 470). EO 11593 (identification an1Preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S. . 469a-l et seq.). 15. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 19l1'1, 16. Will comply WIth all applicable requirements of all other federal laws, Executive Orders, regulation and polices goverrung thiS program. 17. Has requested, through the State of California, federal financial assistance to be used to perform elirble work apr,roved in the subgrantee application for federal assistance. Will, after the receipt of federa financia assistance, through the State of California. agree to the following: a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be used to pay oniy eligible costs for project described above; b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered af.plication which are excess to the approved, actual expenditures as accepted by final audit of the ederal government or the State Controller, or both. c. In the event the approved amount of the above-numbered pro~ application is reduced, the reimbursement applicable to the amount of the reduction will e promptly refunded to the State of California. The undersi~ed r1resents that he is authorized. by the above-named subgrantee to enter into this agreement for an on behalf of the Sill subgrantee, 4, Director of Safety Services TITLE DATE 6 of 8 FEB 2 0 1996 ITEM 10 - - - RBSOLtJ'l'ION NO. A RBSOLt1'l'ION OP 'l'HB CITY COONCIL OP 'l'HB CITY OP POWAY, CALIPORNIA APPROVING 'l'HB OBSIGNATION OP AGBN'l'S RBPRJl:SBNTING 'l'HB CITY OP POWAY POR THE PURPOSBS OP APPLYING FOR AND RBCOVBRING STATB AND PBDBRAI. PINANCIAL DISASTER ASSISTANCB WHEREAS, the City of Poway sustained late winter storm damage to public facilities amounting to $105,552 which is partially recoverable from the State of California and the Federal Emergency Management Agency; and WHEREAS, as a condition of completing the project application for funding reimbursement to the Federal Emergency Management Agency, under Section 402 of Public Law 93-288, as amended, a resolution designating the City of Poway's authorized representative must be submitted. - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY THAT: James L. Bowersox, City Manager or Peggy Stewart, Director of Administrative Services or Mark A. Sanchez, Director of Safety Services is hereby authorized to execute for, and in behalf of, the City of Poway, a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining 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/or State financial assistance under the Natural Disaster Assistance Act for floods which occurred in the late winter storms of 1995. THAT the City of Poway, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all - matters pertaining to such state disaster assistance the assurances and agreements required. ATTACHMENT B FEB 2 0 1996 ITEM 10 7 of 8 Resolultion No. Page 2 PASSED, APPROVED and ADOPTED by the City Council of the City of Poway, State of California this 20th day of February 1996. Don Higginson, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. , was duly adopted by the City Council at a meeting of said City Council held on the 20th day of February 1996 and that is was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Marjorie K. Wahlsten, City Clerk 8 of 8 FEB 2 0 1996 1"1' :-. ,~ 1; i __."