CITY COUNCIL AGENDA ITEM
Meeting Date: October 26, 2004
Subject/Title: Letter of Intent to Develop and Submit a Local Hazard
Prepared by: Engineering: J. Cowling
Submitted by: Engineering: B. Grewal
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.
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.
No cost to the City of Brentwood other than staff time associated with
Letter of Intent Notice - Enclosure 1 and Enclosure 2