ITEM:		CONSENT CALENDAR
3.	CONSIDER ADOPTION OF RESOLUTION NO. 2008-14 -- DESIGNATE MPWMD AGENT FOR CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM
Meeting Date:			October 20, 2008	Budgeted: No
From:			Darby Fuerst,	Program/
			General Manager	Line Item No.: N/A
Prepared By:			Larry Hampson	Cost Estimate: N/A
General Counsel Approval: N/A
Committee Recommendation: The Administrative Committee considered this item on October 14, 2008 and recommended approval.
CEQA Compliance: N/A

SUMMARY: The California Disaster Assistance Act (CDAA) authorizes the Director of the Governor’s Office of Emergency Services (OES) to administer a disaster assistance program that provides financial assistance from the state for costs incurred by local governments as a result of a disaster event. Frequently, after a major disaster, the Federal Emergency Management Agency (FEMA) is also authorized to provide funds that OES administers on behalf of FEMA. After Governor Schwarzenegger declared a State of Emergency in Monterey County due to wildfires (Disaster EM-3287), the District applied to the disaster assistance program for funds to mitigate damages resulting from the Basin Complex fire in the upper watershed of the Carmel River. In order to complete the application process and receive disaster assistance funds from OES and FEMA, the District must authorize its agent(s) to apply for and receive such funds.

RECOMMENDATION: It is recommended that the Board of Directors:

1. Adopt the resolution attached as Exhibit 3-A;

2. Complete the application to FEMA and OES for funds available for Disaster EM-3287; and

3. Forward OES Form-130 (Exhibit 3-B) to the State Office of Emergency Services, designating the General Manager and District Engineer to represent the District in all matters pertaining to the state disaster assistance program.

If this item is adopted as part of the Consent Calendar, staff will be authorized to complete a pending application for grant funds from the California Disaster Assistance Act Program. This authorization will remain on file with OES so that in the event that a disaster is declared in the future, staff will be authorized to apply for and receive disaster assistance funds.

The Administrative Committee reviewed this item at their October 14, 2008 meeting, and recommended approval.

IMPACT ON STAFF/RESOURCES: Generally, FEMA and/or OES grant application preparation will be coordinated by staff involved with facilities and operations affected by disasters. Specific staff will be designated according to the type of disaster and the District facilities that could be affected. At this time, the Water Resources Engineer and Senior Fisheries Biologist are involved in a request for disaster funds to reduce potential damage to District facilities (specifically, the Sleepy Hollow Steelhead Rearing Facility) along the Carmel River resulting from the Basin Complex fire in June and July 2008. Documented staff time spent in the development of the grant application materials and in administering any grant funds the District may receive may be reimbursable costs as components of the FEMA/OES public assistance program.

It should be noted that although staff would be authorized to apply for and receive disaster funds, any major expenditures of District funds associated with disaster recovery efforts would be by individual authorizations of the MPWMD Board of Directors in accordance with District policies at the time such expenditures are considered. The local match required when both a State and Federal disaster is proclaimed is usually 6.25 % of project costs. Local match can include in-kind services such as staff time.

BACKGROUND: The California Disaster Assistance Act (CDAA) authorizes the Director of the Governor’s Office of Emergency Services (OES) to administer a disaster assistance program that provides financial assistance from the state for costs incurred by local governments as a result of a disaster event. Funding for the repair, restoration, or replacement of public real property damaged or destroyed by a disaster is made available when the Director concurs with a local emergency proclamation requesting state disaster assistance. The program also provides for the reimbursement of local government costs associated with certain emergency activities undertaken in response to a state of emergency proclaimed by the Governor. In addition, the program may provide matching fund assistance for cost sharing required under federal public assistance programs in response to a Presidential Major Disaster or Emergency Declaration.

In June 2008, Governor Schwarzenegger declared a State of Emergency in Monterey County due to wildfires. Subsequently, in August, the Governor requested a Major Federal Disaster Declaration for the State of California due to wildfires. In order to complete an application to the State and obtain Public Assistance, an agency must designate a representative to enter into agreements with the State for funding.

Staff has had initial discussions over the telephone with representatives from the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (OES) regarding potential reimbursements of costs for damage to the District's facilities and equipment along the Carmel River associated with potential impacts this winter from the Basin Complex fire. The District may be eligible to receive grant funding from FEMA and OES under the California Disaster Assistance Act Program for measures to reduce impacts to District property as a result of natural disasters. FEMA disaster assistance reimbursements to public agencies total 75% of the cost incurred to repair damages, OES typically funds 18.75%, and the affected public agencies cover the remaining 6.25%.

EXHIBITS

3-A Resolution Authorizing Staff to Apply for Public Assistance Funding

3-B OES Form 130 Designation of Applicant’s Agent Resolution

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