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Item 7 - Auth. Acceptance of Hazard Mitigation Grant Program FundingMay 4, 2021, Item #7AGENDA REPORT City of Poway CITY COUNCIL DATE: May 4, 2021 TO: FROM: CONTACT: Honorable Mayor and Members of the City Council Eric Heidemann, Director of Public Works i"X f Will Wiley, Assistant Director of Public Works for Maintenance Operation --(858) 668-4705 or wwiley@poway.org SUBJECT: Authorize Acceptance of Hazard Mitigation Grant Program Funding Summary: The Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) provides grants to state and local governments to implement long-term hazard mitigation measures after a presidential disaster has been declared. In California, these funds are administered by the California Governor's Office of Emergency Services (Cal OES). On March 19, 2019, the City Council authorized the submittal of an application to the HMGP made available by the Presidential Disaster Declaration DR-4382, as a result of the Northern California wildfires that occurred in 2018. FEMA and Cal OES approved HMGP funds for the City's Hazardous Tree Removal Wildfire Mitigation Project (Project). Pursuant to the FEMA grant requirements, there is a 75/25 cost share. Acceptance of the HMGP funds will enable the City to recover expenses to complete the project and receive reimbursement from FEMA through the State of California. Recommended Action: It is recommended that the City Council: 1) Adopt a Resolution authorizing the City Manager or designee to execute any necessary documents with FE MA/Cal OES to accept and expend HMGP grant funding in an amount not to exceed $1,901,866; 2) Authorize the Finance Director or designee to make a budget adjustment recognizing the Phase 1 award of $183,875 from the HMGP funds and appropriating and transferring $183,875 to the HMGP Project account (MSC0009); and 3) Authorize the Finance Director or designee to make future budget adjustments and transfers recognizing future allocated HMGP funds and appropriating them to the HMGP Project account. 1 of 9 May 4, 2021, Item #7Discussion: Cal OES is eligible for FEMA HMGP funding following a presidential declaration of a major disaster. The HMGP is an important source of assistance to help strengthen communities by providing funding for projects that reduce or eliminate the impacts of future disasters. On March 19, 2019, the City Council authorized the submittal of a HMGP application via Cal OES. Additionally, at this meeting the City Council authorized matching funds in the amount of $500,000 from the General Fund to meet the local 25 percent match required by the HMGP application. At the end of 2020, FEMA, and Cal OES approved HMGP funds for the Project. The Project's scope of work consists of removing hazardous trees and trimming of trees on Twin Peaks Road between Pomerado Road and Midland Road, Espola Road between Valle Verde Road and Titan Way, and trees and vegetation in open space areas within the Green Valley Subdivision. The Project's objective is to reduce overall fuel loads and create defensible space/fuel breaks to protect homeowners and create safer evacuation corridors. Wildfire is a major hazard in the community and Poway's fire history is significant. The proposed Project areas are less than two miles from the Wildland Urban Interface Zone and would be a crucial means to mitigate against future wildfires. Prior to any tree removal, the City will assess approximately 13,800 trees within the project area to identify vulnerable and high-risk trees based on industry standards and complete state and federal environmental permitting requirements. FEMA requires projects to be completed within 36 months of FEMA approval. HMGP grants are structured as reimbursement, cost-share grants, meaning 75 percent is federally funded and 25 percent is locally funded. The Project's overall budget is approximately $1,901,866. FEMA and Cal OES will issue funding in separate phases. The City has been approved for the first phase, which consists of a tree inventory, assessment, and environmental permitting. FEMA's allocation is $137,906.25 (federal share of 75 percent). Poway's share of 25 percent is $45,968.75 and will come from General Fund unassigned fund balance. While the subsequent phase amounts are unknown at this time, it is anticipated that the total federal share for the project will be approximately $1,426,399.50 and the required local match will be approximately $475,466.50. The local $500,000.00 match will be less the than amount originally authorized by Council at the March 19, 2019 Meeting due to the Project's scope and costs not having been finalized by the time the application was submitted. Staff requests the City Council authorize the acceptance of current and future allocated funds for the City's H MGP Project, H MGP-4382-199-12R, and authorize the Finance Director or designee to appropriate $183,875 (federal share of $137,906.25 and local match of $45,968.75) to Project MSC0009 (Hazard Mitigation Program). Lastly, staff requests authorization to appropriate additional allocated HMGP funds to Project MSC0009 for the specified project purposes. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: The total Project cost is $1,901,866. The federal match for the project is $1,426,399.50 and the City's local match is $475,466.50. An appropriation and transfer from General Fund unassigned fund balance to the Hazard Mitigation Program Project account, MSC0009 of $183,875 is requested for 2 of9 May 4, 2021, Item #7Phase 1. This represents the FEMA share of $137,906.25, which will be covered by the General Fund until reimbursed by FEMA, and local share of $45,968.75. Sufficient funds are available for this request. Staff also requests Council authorize the Finance Director or designee to appropriate and transfer the remaining HMGP federal and local shares to the Hazard Mitigation Program Project account as subsequent phases are approved by FEMA. Public Notification: None. Attachments: A. Resolution B. Notification of Sub-application Approval Reviewed/ Approved By: Assistant City Manager 3 of9 Reviewed By: Alan Fenstermacher City Attorney Approved By: c~ City Manager May 4, 2021, Item #7RESOLUTION NO. 21-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING ACCEPTANCE OF GRANT FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN THE AMOUNT OF $137,906.25 OR MORE, IF AVAILABLE; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ANY NECESSARY DOCUMENTS TO MEET THE GRANT REQUIREMENTS AND TO COMPLETE THE HAZARDOUS TREE REMOVAL WILDFIRE MITIGATION PROJECT WHEREAS, the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program (HMGP) provides funding to state and local governments to implement long-term hazard mitigation measures after a Major Disaster declaration to reduce the loss of life and property due to natural disasters, as authorized under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; WHEREAS, in California, the HMGP is administered by the California Governor's Office of Emergency Services (Cal OES); WHEREAS, as a result of the declaration of a major federal disaster for DR-4382, the State of California is eligible for HMGP funding to reduce or eliminate future disasters; WHEREAS, on March 19, 2019, the City Council adopted Resolution 19-016, authorizing the City Manager to submit a letter of commitment of matching funds of $500,000 and authorized the submittal of the City's HMGP application for Hazardous Tree Removal Wildfire Mitigation Project (Project); WHEREAS, the Project proposes to reduce fuel loads and create defensible space/fuel breaks to protect homeowners from wildfires within the City by removing high risk trees and vegetation; WHEREAS, on November 3, 2020 and November 9, 2020, FEMA and Cal OES, respectively, approved the City's Project and awarded the City grant funds in the amount of $137,906.25 with required local matching in the amount of $45,968.75 to be used on Phase 1 of the Project; and WHEREAS, the total cost for the Project is estimated to be $1,901,866, with a federal share of $1,426,399.50 and a local share of $475,466.50, and unless an extension is duly granted must be completed on or before November 3, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: SECTION 1: The City Council desires to accept the grant funds from FEMA to be used for the Project and to authorize the City Manager, or designee, to execute all necessary documents with FEMA/Cal OES, including but not limited to, applications, agreements, and payment requests, to meet the grant requirement and to complete the Project in compliance with the grant requirements. 4of9 ATTACHMENT A May 4, 2021, Item #7SECTION 2: The City Council hereby accepts the award of the Hazard Mitigation Grant Program Funds HMGP-4382-199-12R from FEMA in the amount of $137,906.25 including all succeeding grants funds to be used for the Project and authorizes the expenditure of grant funding in an amount not to exceed $1,901,866. SECTION 3: The City Council authorizes the Finance Director or designee to appropriate and transfer $183,875 from General Fund unassigned fund balance to Project MSC0009 (Hazard Mitigation Program) for the Phase 1 award. SECTION 4: The City Council authorizes the Finance Director or designee to make the necessary future appropriations and transfers from General Fund unassigned fund balance to Project MSC0009 as future grant phases are awarded. PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 4th day of May, 2021 by the following vote, to wit: AYES: NOES: ABSENT: DISQUALIFIED: Steve Vaus, Mayor ATTEST: Vaida Pavolas, CMC, City Clerk 5 of9 May 4, 2021, Item #7GAVIN NEWSOM GOVERNOR November 9, 2020 Eric Heidemann Director, Public Works Poway, City of 13325 Civic Centre Drive Poway, CA 92064 OCalOES OOVERNOR·S OFFICE OF EMERGENCY SERVICES Subject: Notification of Subapplication Approval Hazard Mitigation Grant Program FEMA-4382-DR-CA, Project #PJ0l 99, FIPS #073-58520 Dear Mr. Heidemann: MARKS. GHILAR0UCCI DIRECTOR The California Governor's Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved your organization's subaward application in the amount of $137,906.25. A copy of the FEMA award package is enclosed for your records. In order to receive payment as a grant subrecipient, your organization must have the following on file with the Recovery Financial Processing Unit: • A valid, current ( approved within the last 3 years) Governing Body Resolution • A Project Assurances for Federal Assistance agreement • A Supplemental Grant Subaward Information sheet • A current Federal Funding Accountability and Transparency Act (FFATA} Financial Disclosure form. This form must be submitted each fiscal year. • An active DUNS Number registration with the federal System for Award Management (SAM) website. The registration must remain active for the duration of this grant subaward. For your convenience, this subapplication approval package includes the required post-obligation documents as well as guides to completing and renewing a SAM registration. Please complete the documents and mail copies to the address listed at the end of this letter, keeping the originals with your records. Alternatively, you may scan and email the completed documents to the Recovery Financial Processing Unit at HMGrantsPayments@CalOES.ca.gov. Electronic copies of the post-obligation documents can also be requested at the same address. 6 of9 ATTACHMENT B May 4, 2021, Item #7Mr. Heidemann November 9, 2020 Page 2 Payments will be made on a reimbursement basis using the enclosed Hazard Mitigation Reimbursement Request Form. A ten percent { l 0%) retention will be withheld from all reimbursement payments and will be released as part of the subaward closeout process. Reimbursements can be made only for items listed on the approved subaward application. Expenditures for any other work should be separately maintained and are the sole responsibility of the subrecipient. Any funds received in excess of current needs or approved amounts, or those found owed as a result of a final inspection or audit, must be refunded to the State within 30 days of receipt of an invoice from Cal OES, When mailing documents to the Recovery Financial Processing Unit, please use the following address: California Governor's Office of Emergency Services Attention: Recovery Financial Processing Unit 3650 Schriever Avenue Mather, CA 95655 For further assistance regarding post-obligation documents or the reimbursement request process, please contact the Recovery Financial Processing Unit at {916) 845-8110. For program-related questions, please contact the Hazard Mitigation Grants Programs Unit at (916) 845-8150. Recovery Financial Processing Unit Enclosures c: Applicant's File *The Recovery Financial Processing Unit has a universal Resolution, passed on 05/02/2017, on file. A copy of the resolution is included in this package for your review. With your permission, the resolution can be applied to this project. 7of9 3650 SCHRIEVER AVENUE • MATHER, CA 95655 RECOVERY FINANCIAL PROCESSING UNIT (916) 845-81 10 May 4, 2021, Item #7. . Ocpanmcnt of Homeland Sccudl)' I! 11 B oad, ay, uite 1200 0 kl· nd. CA 607-4052 ,)~,j. ~111; FEMA ( ,v !t\..' November 3, 2020 Mark . Ghilarducci Governor s uthorized R pre California Office of Emergency 3650 Schriever venue Math r, CA 95655 R fer nee: Application pproval for Pha H GP-4382-199-12R City of Poway RECEIVED ov 04, 2020 721903 Financial Processing Unit H ard u Tree Remo aJ Mitigation Project (Phase 1) uppl m nt #28 FlPS #073-58520 D ar Mr. GhiJarducci: The Federal merg ncy Management Agency (FEMA) has approv d and i sued Hazard Mitigation Grant Program HMGP) funds for th ity of Poway (subrecipient)t H GP-4"82-199-12R, City of Po ay Hazardous Tree Removal Mitigati n Pr j t (Pha 1 ) .. Th total eligible costs for Phase l ar $1831875.00. As sho,vn in the enclo d upplement #28 bligation R port," e have obligated $137,906.25 for up to 75 percent federal shar · the non-Federal share match i $45,968.75 .. These funds ar availabl in SmartHnk for ligible disbursements. hi HMGP grant approval and obligation of funds ar subje ~ t to the follO\,ving: 1. Scope of Work (SOW) -: h Phase 1 acti ities will includ completion of an inventory and as e roent of tre s ·within the project ar a including a title search for all affected trees. ubsequently. a tree risk assessment perform cl by a certifi d arborist will be completed to identify vulnerable and high-risk tree . 2. Budget Revisions and Co t Overrun -In accordance· with the 2015 Hazard Mitigation Assistanc Unifi d Guidance Part VI D.3, when budget change are made, all programmatic equirements continu to apply. Additional information regarding budget adjustme 1ts and revision can be found in 2 CFR Part 200.308. T e Recipient must obtain FEMA's prior writt n approval for any budget revisions. 8of9 May 4, 2021, Item #7o emb r 3, 2020 Page 2 3. Completion Date -The w rk schedule in the application states tl e activity completion time frame is 15 months. W will annotate F bruary 3, 2022 as the project completion date for Phase 1. Please inform the subrecipient that work completed after this date is n t cligibl for federaJ fundi g and federal ind may be de-obligated for work not completed \Vithin schedule for hich there is no approved time xtension 4. National Environmental Policy Act (NEPA) -This project has be n d termined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental ssessment in accordance with FE tfA Instruction 108-1-1 and DHS Ins ruction Manual 023-01-001-01. Cat gorica1 Exclusion 8 has been applied. 5. This award of funds i.s subject to the enclosed tandard Hazard Mitigation Grant Program Condition , amended August 2018. ed ral fund may be de-obligated for\ ork that does not comply with these conditions. If au ha any questions r n d forth r assistanc please contact me, or your staff may contact Aaron Lim Hazard Mitigatio Assistanc Specialist at Aaron.Lim@ema.dhs.gov (510)-627-7036. cc: Karen Jones, Cal OES Emily Winchell, Cal OES Robi.n Shepard, Cal OES Monika Saputra, Cal OES Enclosures (4): EMIS Obligation Report EMIS Project Management Report for Sincerely Digitally signed by f7 1 r_ ;/1 t: ( \ ROBERT P MCCORD { ~ f, ( ~ Date: 2020.11.04 , O:39:oa -os·oo· David Stearrett Acting Director Mitigation Division F MA Region IX Record of Environmental Considerations (REC) Standard HMGP Conditions 9of9