Legislation Details

File #: HIST-1124    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 9/26/2005 Final action: 9/26/2005
Title: Resolution authorizing submittal of an application to participate in the Hazard Mitigation Grant Program to obtain federal assistance in preparing a local Hazard Mitigation Plan.
Attachments: 1. Hazard Mitigation Grantl Program Grant A-4.doc, 2. A-4 Hazard Mitigation Plan.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: That the City Council adopt a resolution authorizing submittal of an application and designating the Chief Administrative Officer to sign documents related to participation in the DR-1577/DR-1585 Hazard Mitigation Grant Program to obtain federal financial assistance to prepare a Local Hazard Mitigation Plan. BACKGROUND: The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) provides for federal assistance to state and local governments impacted by a significant disaster or emergency. The Federal Emergency Management Agency (FEMA) has the primary responsibility for administering this type of assistance. In 2000, the Stafford Act was amended by the Disaster Mitigation Act of 2000 (Public Law 106-390) which requires that in order to receive pre-disaster and post-disaster Federal Emergency Management Funds, state and local governments must prepare a Local Mitigation Plan (LMP), which must be submitted to and approved by the California Office of Emergency Services (OES) and FEMA. If a state and local government does not submit their LMP by the specified date, it will not be eligible to receive funding for one year or until the next round of review of plans. In February 2004, the Planning Division took the lead in the City’s efforts to prepare the LMP. As a separate jurisdiction, the Culver City Unified School District (CCUSD) was required to prepare a LMP. It was decided to prepare a multi-jurisdictional plan jointly with the CCUSD. A Steering Committee composed of 12 City/CCUSD staff members was created. Meeting Date: 09/26/05 Item Number: A-4 AGENDA ITEM: Consideration of Adopting a Resolution Authorizing Submittal of an Application and Designating an Agent to Sign Documents Related to Participation in the DR-1577/DR-1585 Hazard Mitigation Grant Program to Obtain Federal Financial Assistance to Prepare a Local Hazard Mitigation Plan Contact Person/Dept.: John Rivera/PW Phone Number: 310-253-6423 Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No [] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Master Notification list on 09-21-05; Culver City Unified School District Board and Dr. Laura McGaughey, School District Superintendent on 09-20-05. Department Approval: Charles D. Herbertson 9/14/05 CAO Approval: Scott Bixby for Jerry Fulwood 9/19/05 City Controller Approval: Marlee Chang 9/20/05City of Culver City, California City Council Agenda Item Report Public participation in the LMP process is a primary requirement of the Stafford Act. In March, 2004, notice of the preparation of the LMP was provided to at- least 70 local and regional organizations to invite them to join a Community Advisory Committee (CAC). The CAC eventually consisted of 15 of these organizations, and held two meetings in April and May, 2004. In addition to the CAC meetings, two public workshops were also held during this period. The Planning Commission held a public meeting in June, 2004. The final LMP, which was titled the Natural Hazard Mitigation Plan (NHMP), was reviewed and approved by the School Board on July 20, 2004 and the City Council on September 13, 2004. The NHMP was submitted to and approved by OES and subsequently timely forwarded to FEMA prior to November 1, 2004. The NHMP was returned by FEMA for modification. The City currently does not have a FEMA approved LMP. DISCUSSION: The purpose of the Local Mitigation Plan (LMP) process is to promote sound public policy designed to protect residents, critical facilities, infrastructure, private property, and the environment from natural and human caused hazards. The LMP process is designed to increase public awareness, document resources for risk reduction and loss-prevention, and identify activities to guide the City towards building a safer, more sustainable community. As a result of the declaration of major federal disasters for 2004-2005 Winter Storms (DR-1577/DR-1585), Culver City is eligible for the Hazard Mitigation Grant Program (HMGP) which provides funding for hazard mitigation activities aimed at reducing or eliminating future damages and includes assistance for preparation of an LMP approvable by FEMA. Pursuant to the HMGP requirement, the City submitted a Notice of Interest (NOI) application in May, 2005, for funding of the following proposed LMP work. The NOI was reviewed by OES and determined to meet the HMGP eligibility criteria and the state’s pre-established priorities for the HMGP. City staff proposes to retain a qualified consultant that has successfully prepared LMP for other cities to modify the City’s NHMP and work to get the NHMP approved. Among other issues, the City staff intends to further explore hillside and landslide issues in the NHMP. Using the process to develop the 2004 NHMP as a guide, City staff intends that the consultant and staff will again work with the CCUSD, and community stakeholders/interest groups. The consultant will review the 2004 NHMP, city codes, policies and guidelines and develop a City of Culver City, California City Council Agenda Item Report revised NHMP. The consultant, in conjunction with the City/CCUSD staffs shall present the revised NHMP at noticed public hearings before the City’s Planning Commission, School Board and City Council. The consultant shall make whatever modifications are approved during the public hearing process and prepare the approved NHMP for submittal to OES and FEMA for review and approval. FISCAL ANALYSIS: Under the HMGP guidelines for funding, FEMA will contribute up to a maximum of seventy-five percent (75%) of the total project cost. A minimum of twenty-five percent (25%) of the total eligible costs must be provided from local match sources. No other federal funding can be used to provide the local match. The proposed project budget is $26,667.00, of which $20,000 would be HMGP funds and $6,667 would be local match. The FEMA funds would be used to retain the consultant, while local match funds would be used to prepare presentation materials, printing, mailing of notices to stakeholders/interest groups, and publishing of newspaper notices and legal notices. City staff time would be provided as needed and not included in the total project budget. The Public Works Department proposes to provide the $6,667 local match from the “Other Consultant Services” (#101619800) Line Item from the Department’s budget. ATTACHMENTS: 1. Draft Resolution Authorizing the Grant Application and Designating the City’s Agent. 2. Draft Subgrantee Assurances. 3. Draft Subgrant Award Agreement. MOTION: That the City Council: Adopt a Resolution authorizing submittal of an application and designating the Chief Administrative Officer as the City’s authorized agent to sign documents related to participation in the DR-1577/DR-1585 Hazard Mitigation Grant Program to obtain federal financial assistance to prepare a Local Hazard Mitigation Plan. MEETING DATE September 26 2005 AGENDA ITEM Consideration of Adopting a Resolution Authorizing Submittal of an Application and Designating an Agent to Sign Documents Related to Participation in the DR-1577/DR-1585 Hazard Mitigation Grant Program to Obtain Federal Financial Assistance to Prepare a Local Hazard Mitigation Plan ATTACHMENTS Pages|109| Draft Resolution Authonzing the Grant Application and 1-2 Designating the City's Agent|109| Draft Subgrantee Assurances 3-5|109| Draft Subgrant Award Agreement 6FIPS No 037 17568 00 RESOLUTION NO 2005-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CULVER CITY CALIFORNIA, AUTHORIZING SUBMITTAL OF A DR-1577/DR-1585 HAZARD MITIGATION GRANT PROGRAM APPLICATION AND DESIGNATING THE CITY'S AGENT TO SIGN DOCUMENTS RELATED TO PARTICIPATION IN ORDER TO OBTAIN FEDERAL FINANCIAL ASSISTANCE TO PREPARE A LOCAL HAZARD MITIGATION PLAN WHEREAS emergencies and disasters result in significant damage to our communities businesses, public infrastructure our environment, and even cause death or leave people injured or displaced causing tremendous amounts of resources to be expended in terms of response recovery dollars, and economic loss and WHEREAS hazard mitigation planning before a disaster can reduce or eliminate losses of life and property, reduce repairs and reconstruction costs and expedite a return to normalcy, and WHEREAS, while we cannot prevent natural disasters from happening, the effects can be reduced or eliminated through a well-organized public education and awareness effort preparedness and mitigation and WHEREAS, on September 26, 2005, the City Council held a public meeting to consider authorizing the DR-1577/DR-1585 Hazard Mitigation Grant application and designate a City authorized agent for purposes of the grant application NOW, THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY RESOLVE as follows 1 That Jerry B Fulwood, Chief Administrative Officer, is hereby authorized to execute for and in behalf of the City of Culver City, a public entity established under the laws of the State of California, the DR-1577/DR-1585 Hazard Mitigation Grant ProgramFIPS No 037 17568 00 application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P L 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 2 That the City of Culver City a public entity established under the laws of the State of California, hereby authorizes its agent to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required APPROVED and ADOPTED this day of 2005 ALBERT VERA Mayor City of Culver City, California ATTEST APPROVED AS TO FORM CHRISTOPHER ARMENTA CAROL A SCHWAB City Clerk City Attorney CERTIFICATION I Jerry B Fulwood duly appointed and Chief Administrative Officer of City of Culver City do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City of Culver City City Council on the day of 20 Date Jerry B Fulwood, Chief Administrative Officer 2ADMINISTRATIVE OFFICE CITY OF CULVER CITY 9770 CULVER BOULEVARD CULVER CITY CALIFORNIA 90232 0507 (310) 253 6000 FAX (310) 253 6010 JERRY B FULWOOD Chief Administrative Officer Subgrantee Assurances DR-1577/DR-1585 Hazard Mitigation Grant Program As the duly authorized representative of the City of Culver City, I certify that the City 1 Has the legal authority to apply for federal assistance and the institutional managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning management and completion of the project described in this application|109| Will give the awarding agency the Comptroller General of the United States and if appropriate the state through any authorized representative access to and the right to examine all records, books, papers, or documents related to the assistance and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives|109| Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency|109| Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gains|109| Will comply with all federal statutes relating to nondiscrimination These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (P L 88-352), which prohibits discrimination on the basis of race, color, or national origin (b) Title IX of the Education Amendments of 1972, as amended (20 U S C §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex (c) Section 504 of the Rehabilitation Act of 1973 as amended (29 U S C § 794) which prohibit discrimination on the basis of handicaps (d) the Age Discrimination Act of 1975, as amended (42 U S C §§ 6101- 6107), which prohibits discrimination on the basis of age, (e) the Drug Abuse Office and Treatment Act of 1972 (P L 93-255) as amended, relating to nondiscrimination on the basis of drug abuse (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention Treatment and Rehabilitation Act of 1970 (P L 91-616) as amended relating to nondiscrimination on the basis of alcohol abuse or alcoholism, (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U S C 290 dd-3 and 290 ee-3), as amended relating to confidentiality of alcohol and drug abuse patient records (h) Title VIII of the Civil Rights Act of 1968 (42 U S C § 3601 et seq ) as amended, relating to nondiscrimination in the sale rental or financing of housing, (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and (j) the requirements on any other nondiscrimination statute(s) which may apply to the application Culver City Employees take pride in effectively providing the highest levels of service to ennch the quality of life for the community by building on our tradition of more than seventy five years of public service by our present commitment and by our dedication to meet the challenges of the future PR RIM ON EC CLED P PERCulver City DR 1577/DR 1585 HMGP 09 26 05 Page 2 of 3 6 Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency Services Act Government Code Chapter 7 of Division 1 of Title 2 Section 8607 1(e) and CCR Title 19 Sections 2445 2446 2447 and 2448|109| Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996|109| Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing this program|10 9| Has requested through the State of California federal financial assistance to be used to perform eligible work approved in the subgrantee application for federal assistance Will after the receipt of federal financial 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 only eligible costs for projects described above b To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which are excess to the approved actual expenditures as accepted by final audit of the federal or state government c In the event the approved amount of the above numbered project application is reduced the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California 10 Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, Debarment and Suspension The undersigned represents that he is authorized by the above named subgrantee to enter into this agreement for and on behalf of said subgrantee Jerry B Fulwood Chief Administrative Officer Name of Authorized Applicant s Agent Title Signature of Authorized Applicant s Agent Date|1010|PRINTED ON RECYCLED PAPERCulver City DR 1577/DR 1585 HMGP 09 26 05 Page 3 of 3 Authorization I Jerry B Fulwood , do hereby certify as the authorized representative of the City of Culver City that the information contained in this application is true and correct Title Signature Date c PRINTED ON RECYCLED PAPERADMINISTRATIVE OFFICE CITY OF CULVER CITY 9770 CULVER BOULEVARD CULVER CITY CALIFORNIA 90232 0507 (310) 253 6000 • FAX (310) 253 6010 JERRY B FULWOOD Chief Administrative Officer Hazard Mitigation Grant Program (HMGP) — Subgrant Award Agreement DR-1577 and DR-1585 Applicant City of Culver City Los Angeles County Contact Information 9770 Culver Boulevard Charles D Herbertson, Public Works Director/City Engineer Representative Mailing Address Name/Title Culver City, California, 90232 310 253 5630 City State Zip Code Area Code/Office Telephone Number charles herbertsona,culvercity orq E Mail Address Total Project Cost $26,667 00 Grant Amount Requested $20,000 00 Non Federal Match Amount $6,667 Certification and Signature or Representative I am a duly appointed Representative of the applicant and have the authority to apply for this grant and submit this application on behalf of the eligible sub grant applicant Jerry B Fulwood Signature of Representative Printed Name Chief Administrative Officer Title Date For State use ONLY Application reviewed/Grant award approved by Name Date Grant Performance Period OES ID # Catalog of Federal Domestic Assistance #97 004 Award # Culver City Employees take pride in effectively providing the highest levels of service to ennch the quality of life for the community by building on our tradition of more than seventy five years of public service by our present commitment and by our dedication to meet the challenges of the future PR NTED ON RECYCLED PER