CITY COUNCIL STAFF REPORT
Meeting: October 1, 2024
Subject
Adoption of the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex
Recommended Action:
Adopt Resolution No. 24- _____ adopting the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex
Executive Summary
This staff report provides an overview of the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan (MJHMP), including the background, planning, adoption process, public outreach, approach, and maintenance. Hazard mitigation involves the use of long-term and short-term policies, programs, projects, and other activities to alleviate the death, injury, and property damage that can result from a disaster. The City of Cupertino is part of the Santa Clara County Operational Area and contributed to the development of the 2023 MJHMP which provides a viable planning framework for natural hazards of concern for the local area. MJHMP is revised every five years and complies with federal and state hazard mitigation planning requirements.
Final adoption of this plan by City Council will establish the City’s eligibility for funding under Federal Emergency Management Agency (FEMA) grant programs.
Reasons for Recommendation
Background
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, commonly known as the Stafford Act, is a United States federal law designed to provide an orderly and systematic means of providing federal natural disaster assistance for state and local governments in carrying out their responsibilities to aid citizens. Signed into law on November 23, 1988, it amended the Disaster Relief Act of 1974. The Act constitutes the statutory authority for most federal disaster response activities, especially concerning
the Federal Emergency Management Agency (FEMA) and its programs. The Stafford Act allows for a presidential disaster declaration of an emergency, which triggers financial and physical assistance through FEMA.
In 2000, the U.S. Congress passed the Disaster Mitigation Act of 2000, amending the Stafford Act to support pre-disaster mitigation efforts. Recognizing the dangers of natural and human-caused events, Congress emphasized identifying hazards and evaluating community risks. The Act provides policy guidance for State Mitigation Officers and local jurisdictions to develop a Multijurisdictional Hazard Mitigation Plan (MJHMP). While not legally required, maintaining an MJHMP is necessary for jurisdictions to be eligible for mitigation funds and federal disaster relief under the Stafford Act.
In 2016, Santa Clara County, the Santa Clara County Fire Department, and all incorporated cities in Santa Clara County worked together to prepare an updated Multijurisdictional Hazard Mitigation Plan (MJHMP) tailored to the local needs and capabilities of the Santa Clara County Operational Area (OA). The City of Cupertino participated in the 2016 MJHMP development process. On June 5, 2018, the City Council adopted a resolution accepting all of Volume 1 and the City of Cupertino's portion of Volume 2 of the Santa Clara County Operational Area Hazard Mitigation Plan to enable the City to qualify for hazard mitigation grants to respond to disasters. The adopted MJHMP was due for revision in 2022, but FEMA granted an extension due to the COVID-19 Pandemic.
Planning Process
In 2022, the County reconvened the planning team, and a consultant was hired to support the planning process. The consultant support allowed participating jurisdictions to focus on the ongoing response to hazard events, including multiple atmospheric rivers and a winter storm, while ensuring that mitigation planning efforts continued moving forward.
The City's local planning process included forming a local planning team led by the Office of Emergency Management. Staff made extra effort to integrate the priorities and projects identified in previously approved plans, such as the Climate Action Plan, to inform the development of the MJHMP.
The City's Local Planning Team Leads
participated in the MJHMP by attending meetings on the Plan Kick-Off, Risk Assessment, Mitigation Strategy, Wrap-up, and two one-on-one meetings with the planning consultant. In addition, the City filled out the requested forms for each section, which were used to develop this annex. The City also shared information regarding public opportunities to participate in the draft plan update utilizing the digital survey and seven in-person and virtual public outreach meetings. Further, the County coordinated with the City team to review the draft plan before submitting it to Cal OES and FEMA.
The 2023 MJHMP planning process differs from previous plans, including:
• The risk assessment comprises further considerations of emerging hazards, such as the impact of wildfire smoke.
• A concentrated effort to ensure plan integration between the Climate Action Plan, the Capital Improvement Plan, the Community Wildfire Protection Plan, and the Health and Safety Element of the City's General Plan updates, as well as other approved plans.
• Incorporating the additional special district planning partners of Midpeninsula Regional Open Space District, Santa Clara County Fire Department, and Santa Clara Valley Water District are involved in hazard mitigation in the City. • The plan was developed following Emergency Management Accreditation Program standards.
• The risk assessment provides information on risk and vulnerability that will allow a measurement of cost-effectiveness.
• Mitigation goals, objectives, and criteria for prioritizing mitigation action items have been updated to include climate change, resiliency, and benefits to underserved and socially vulnerable populations.
• The update allowed the planning partners to engage residents, particularly those who are underserved and socially vulnerable, to gauge their perception of risk and support risk reduction through mitigation.
• Extreme weather events from climate change has been added as a hazard for the planning area.
• Expanded information about compliance in the National Flood Insurance Program.
Approach
The City supported a "whole community" approach to this plan update. Neighboring communities, local and regional agencies involved in mitigation activities, as well as businesses, academia, and other private and nonprofit interests, were invited to be involved in the planning process by participating in planning meetings, public meetings, or reviewing the draft plan. In addition to the wide variety of stakeholders identified by the County, other stakeholders the City of Cupertino recommended including the Santa Clara Valley Water District, PG&E, Santa Clara County Sheriff's Office, Santa Clara County Fire Department, San Jose Water, and CalWater.
Public Outreach and Engagement
In addition to inviting a wide range of stakeholders, the City supported public outreach and engagement by participating in the countywide public outreach and engagement campaign. The City distributed a digital survey utilizing social media, the city website, and GovDelivery email distributions, and publicizing the availability of the survey at the in-person Cupertino Earth and Arbor Day Festival. Additionally, the Office of Emergency Management engaged with the Cupertino Citizen Corps and Block Leader programs to respond to the survey and distribute the survey to their contacts. This
survey reached members of underserved populations, including primarily non-English speaking households.
The MJHMP was discussed at two virtual and five in-person public meetings across Santa Clara County and coordinated by the County and its consultant. These in-person meetings were targeted toward areas with socially vulnerable populations. These meetings were also designed to be accessible for AFN (access and functional needs) populations. The public was also provided the opportunity to comment on the draft plan via the City website. Comments from the public survey were reviewed, evaluated for alignment with planning priorities, and incorporated as appropriate. Overall, the public expressed concerns regarding hazards like wildfire (including wildfire smoke), extreme heat, and flooding. In particular, evacuation routes and warning systems, including public outreach to help inform people about their options, were areas of concern. This feedback is reflected in the mitigation actions the City of Cupertino selected.
In addition to directly providing the public the opportunity to comment on the plan, the Santa Clara County Access and Functional Needs and Cultural Competency Working Group, which represents tens of community and faith-based organizations within the Santa Clara County operational area, was consulted. They provided feedback based on the populations they serve, representing approximately 100 nonprofits and Voluntary Organizations Active in Disaster members participating in the AFN and Cultural Competency Working Group. Santa Clara County also had representation from community centers and two consulate generals. In addition, some advocates do not have an affiliation but are Santa Clara County residents and provide input on LGBTQ+ and Disability topics. Some organizations include but are not limited to San Andreas Regional Center, Immigrant Info Services, Vista Center for the Blind, American Red Cross, Parents Helping Parents, and Lighthouse. The direct interaction and represented voices generally shared similar concerns for the extreme heat and wildfire hazards, community preparedness, and education and outreach activities. Therefore, prioritization of the wildfire hazard and the corresponding mitigation actions, along with high attention to public outreach and education efforts, informed the plan's many related mitigation actions.
Adoption Process and Maintenance
The draft MJHMP Base Plan and associated jurisdictional annexes underwent multiple stages of review to ensure compliance and effectiveness. The plan was submitted to the California Governor's Office of Emergency Services (CalOES) for a comprehensive evaluation by the consultant. Following several rounds of feedback and necessary amendments in consultation with the County Office of Emergency Management and their consultant, CalOES granted conditional approval, ensuring that the plan adhered to state standards and effectively addressed critical hazards.
After receiving conditional approval at the state level, the MJHMP was submitted to the Federal Emergency Management Agency (FEMA) for further assessment. FEMA's review process involved meticulously examining the plan's adherence to federal guidelines and alignment with the Disaster Mitigation Act of 2000. In June 2024, FEMA granted conditional approval of the Base Plan and associated jurisdictional annexes, including the City of Cupertino, confirming that the plan met the essential criteria for federal compliance.
On Thursday, September 12, 2024, staff presented the draft MJHMP to the Public Safety Commission. The Commission unanimously recommended the MJHMP Volume 1 Base Plan and Volume 2 City of Cupertino Annex for adoption by City Council.
With these conditional approvals from CalOES and FEMA, the MJHMP is presented to the City Council for formal adoption. This formal adoption represents a significant milestone, ensuring that the plan is officially recognized and makes Cupertino eligible for federal grants, such as the Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Flood Mitigation Assistance (FEMA), and other state and federal mitigation grants.
The City's Office of Emergency Management will review the MJHMP annually and work with the County of Santa Clara Office of Emergency Management for a comprehensive revision no later than every five years per the Disaster Mitigation Act of 2000 requirements. The City's Office of Emergency Management will maintain a diverse planning team in collaboration with the County Office of Emergency Management, City departments, and community stakeholders.
Sustainability Impact
In alignment with the City's Climate Action Plan (CAP) 2.0, the MJHMP will address extreme weather events from climate change as a significant hazard, recognizing its potential to exacerbate risks such as poor air quality, flooding, heatwaves, and wildfires.
Specifically, CAP 2.0 measure Adaptation and Resiliency (AR) #3: “Strengthen Community Capacity and Resilience through Education, Resources, and Policies” and AR 2.3 “Integrate the vulnerability assessment results into emergency preparedness, management and response”
Fiscal Impact
By adopting this plan, the City of Cupertino will be eligible to apply for Hazard Mitigation Assistance (HMA) programs, including but not limited to the Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Flood Mitigation Assistance (FEMA), and other state and federal mitigation grants.
California Environmental Quality Act
The project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) ("common sense" exemption). _____________________________________
Prepared by: Thomas Chin, Emergency Manager
Reviewed by: Christopher D. Jensen, City Attorney
Tina Kapoor, Interim Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft resolution adopting the 2023 Santa Clara County Multijurisdictional Hazard Mitigation Plan Volume 1 Base Plan and Volume 2 City of Cupertino Annex B – Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 1:
Base Plan
C – Draft Santa Clara County Multijurisdictional Hazard Mitigation Plan - Volume 2:
City of Cupertino Annex