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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: October 26, 2004

Subject/Title: Letter of Intent to Develop and Submit a Local Hazard Mitigation Plan.

Prepared by: Engineering: J. Cowling

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Authorize the City Manager to sign and forward to the Governor’s Office of Emergency Services (OES) a “Letter of Intent Notice - Enclosure 1” to develop and submit a Multi-Jurisdictional Local Hazard Mitigation Plan (LHMP) for State review and FEMA approval.

PREVIOUS ACTION
N/A

BACKGROUND
Mitigation project funding for all California local governments (counties, cities, special districts and other local government jurisdictions), is at risk due to the changes in federal, pre-disaster mitigation planning requirements. These new requirements are in accordance with the Disaster Mitigation Act of 2000. Accordingly, each local government jurisdiction is required to submit a signed letter of intent to develop a LHMP in order to remain eligible to receive federal funding for both pre-disaster and post-disaster mitigation project funding.

The Disaster Mitigation Act of 2000 (DMA 2000) (Public Law 106-390) amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Act) by repealing the previous mitigation planning section (Section 409) and replacing it with Section 322. To implement the DMA 2000 planning requirements, the Federal Emergency Management Agency (FEMA) published Interim Final Rules (IFRs) in the Federal Register on February 26, 2002 and October 1, 2002. These IFRs established the mitigation planning requirements for local governments and required that in order to remain eligible to receive federal funding for both pre-disaster and post-disaster mitigation project funding, a local government must, by November 1, 2004, have a FEMA approved LHMP written in accordance with Section 322 of the Act. Plans approved after November 1, 2004, will restore eligibility.

Under the DMA 2000, local governments without an approved LHMP will not be eligible to receive Hazard Mitigation Grant Program (HMGP) project grants for disasters declared after November 1, 2004. Also affected by the November 1, 2004 date will be future mitigation project funding awarded through the Flood Mitigation Assistance (FMA) program, the Pre-Disaster Mitigation (PDM) grant programs, and the U.S. Small Business Administration's (SBA) low-interest, pre-disaster, small business loan program. To further emphasize the type of funding that is at risk after November 1, 2004, the “Letter of Intent Notice – Enclosure 2” is a listing by county, of federal HMGP funds that have been awarded for mitigation project grants since 1989.

Since March 2003, OES has been providing information and holding LHMP development workshops in order to provide guidance, resources and training to local governments.

The Department of Homeland Security (DHS), through FEMA, has requested that OES assess and report local government participation in California's LHMP program. The attached Letter of Intent should be completed and faxed to the OES Hazard Mitigation Section, Hazard Identification & Analysis Unit at (916) 845-8385 or (916) 845-8386 as soon as possible.

Please note that local governments choosing not to respond by the November 1, 2004 deadline will be designated, in the report to DHS, as "non-participating" local governments.

The Association of Bay Area Governments (ABAG) has received a grant to put together a multi-jurisdictional plan for the Hazard Mitigation Monitoring and will be performing the majority of the legwork on behalf of participating local jurisdictions. The City of Brentwood is working with ABAG to be included in this multi-jurisdictional plan.

FISCAL IMPACT
No cost to the City of Brentwood other than staff time associated with program coordination.

Attachments:
Letter of Intent Notice - Enclosure 1 and Enclosure 2
 

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov