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Item 9 - Reso Auth. the Submittal of a Hazard Mitigation Grant Application and Appropriation of Matching FundsApril 20, 2021, Item #9DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway April 20, 2021 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services 'f-AJl Andrea Thomas, Associate Civil Engineer (858) 668-4605 or athomas@poway.org CITY COUNCIL A Resolution Authorizing the Submittal of a Hazard Mitigation Grant Application and Appropriation of Matching Funds The City plans to apply for a grant to help fund repairs and improvements to a section of Rattlesnake Creek previously damaged by drought followed by heavy rains. City Council authorization by resolution is required for applications for grant funds from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP). This funding would assist in the design and construction of improvements to the drainage channel along Kent Trail between Budwin Lane and Midland Road. Recommended Action: It is recommended that the City Council adopt a Resolution approving the submittal of an HMGP application, authorize the City Manager to submit a letter of commitment of matching funds in the amount up to $500,000 to meet the 25 percent local match required by application upon approval of the grant, and approve an appropriation of $500,000 in Drainage funds as the City's match. Discussion: On February 28, 2017, an emergency permit was requested from the United States Army Corps of Engineers after a sequence of heavy rain events generated erosive flow through a natural drainage channel along Kent Trail between Budwin Lane and Midland Road. This high flow caused structural failure of the banks resulting in a ruptured sewer line requiring immediate emergency repair. A subsequent study to investigate stability and potential future damage to the creek was completed in June of 2020. The findings from the study indicated restoration was the best long-term solution to preserve the drainage function, retain the diverse habitat, and protect the adjacent utilities. The Rattlesnake Creek improvements are proposed as a mitigation for the hazards potentially caused by another structural failure. If the banks fail, drainage flow would be blocked and cause upstream flooding. Channel modifications such as native plant restoration, erosion control structures, and 1 of 5 April 20, 2021, Item #9widening of the channel would be proposed to protect the form and function of this resource. Increasing capacity and altering the flow speeds will prevent destructive erosion which led to streambank failure requiring emergency repairs in 2017. The repairs to an exposed and damaged sewer line was permitted by the regulatory authorities as unforeseen at the time but is now a known risk if improvements are not undertaken. When a Federal Disaster Declaration is issued in the State of California, a percentage of dollars are set aside to provide funding for hazard mitigation projects through FEMA. These funds are administered by the California Governor's Office of Emergency Services (Cal OES) HMGP Unit. Cal OES, in conjunction with FEMA, provides financial assistance to local governments for mitigation of hazards within a community as part of a federal and/or state emergency declaration. In November 2020, Cal OES announced the opening of the HMGP made available by the Presidential Disaster Declaration DR-4569 for the California wildfires that occurred in 2020. This program provides funding from FEMA for hazard mitigation projects. FEMA's HMGP provides up to 75 percent of federal funding with the balance being matched by the local agency. The City filed a Notice of Interest (NOi), seeking a maximum of $2 million for the stabilization of Rattlesnake Creek. The FEMA HMGP Section 404 is a competitive program. Cal OES reviewed the submitted NOl's and invited the City to prepare a grant application to request funding for this project. The HMGP is a 75/25 cost share. If awarded, the City is required to fund 25 percent of the cost of the project. The application must be submitted by May 1, 2021. Grants are expected to be awarded by June 30, 2022. The application for the FEMA grant is currently being completed and coordination with Cal OES is ongoing. This application will be developed under Cal OES guidance in order to maximize the competitive advantage for award which ultimately is decided by FEMA. Previous grant applications submitted by the City have been awarded through this process. The project area will include improvements to Rattlesnake Creek along Kent Trail between Budwin Lane and Midland Road. Staff will return to City Council to accept the grant funding should the application be approved. Since grant funds are typically appropriated by the City and reimbursed by the grant source, staff will also request an appropriation of the grant funds at the same time as requesting acceptance of the grant. The full details of the project scope will be provided at that time. Environmental Review: This action to submit applications for grant funding is not subject to review under the California Environmental Quality Act (CEQA) guidelines. However, CEQA review must be completed for the project prior to acceptance of a FEMA grant. Fiscal Impact: Submitting the grant applications has no fiscal impact. However, should FEMA approve the HMGP grant, a 25 percent match, up to $500,000 will be required. Funds for the City's required match will be appropriated from the Drainage Fund (2310) upon award. Sufficient funds are currently available for the City's match. 2 of 5 April 20, 2021, Item #9Public Notification: None. Attachments: A. Resolution Authorizing the Submittal of a Hazard Mitigation Grant Application and Appropriation of Matching Funds Reviewed/Approved By: Assistant City Manager 3 of 5 Reviewed By: Alan Fenstermacher City Attorney App roved By: Ch<J?k? City Manager April 20, 2021, Item #9RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A HAZARD MITIGATION GRANT APPLICATION AND APPROPRIATION OF MATCHING FUNDS WHEREAS, the Californian Governor's Office of Emergency Services (Cal OES) in conjunction with Federal Emergency Management Agency (FEMA) provides financial assistance to local governments for mitigation of hazards within a community as part of a federal and/or state emergency declaration; WHEREAS, in November 2020 Cal OES announced the opening of the Hazard Mitigation Grant Program (HMGP) made available by the Presidential Disaster Declaration DR-4569 for the California Wildfires that occurred in 2020. This program provides funding from FEMA for hazard mitigation projects. FEMA's HMGP provides up to 75 percent of federal funding with the balance being matched by the local agency; WHEREAS, on November 25, 2020, City staff submitted a Notice of Interest to Cal OES; WHEREAS, on January 13, 2021, City staff received notification from Cal OES that the proposed project was eligible for funding and was invited to submit a formal application; WHEREAS, in order for the City's HMGP application to be complete, the City must submit a letter committing to the local 25 percent match requirement, a complete scope of work, and a project schedule showing completion within 36-months of award; WHEREAS, City staff further recommends authorizing the City Manager as agent of the City for the purposes of submitting all the necessary documents for the HMGP application and to otherwise secure the funding; and WHEREAS, the City Council supports leveraging local public funds with Federal and State funds to address critical community needs and has therefore identified the Drainage Fund account as the source of funding for the local match should the City receive the grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: City staff is hereby authorized and directed to submit an application for the HMGP for Rattlesnake Creek restoration and to commit funding up to the amount of $500,000 for the local match for Rattlesnake Creek restoration. SECTION 2: The City Manager is hereby designated as agent of the City for purposes of submitting the necessary documents for the HMGP application and to otherwise secure the funding. SECTION 3: The Finance Director or their designee is authorized to appropriate up to $500,000 from the Drainage Fund (2310) as the City match if the City is awarded the grant. 4 of 5 ATTACHMENT A April 20, 2021, Item #9Resolution No. 21-Page 2 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 20th day of April, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALI Fl ED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of 5