City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: April 18, 2023
ITEM NO: 8.1
SUBJECT: Approve Resolution No. 2023-17 A Resolution Of The City Council Of The City Of Patterson Approving And Adopting General Plan Amendment No. 2023-01, An Update To The Health And Safety Element Including Adoption Of The Multi-Jurisdictional Hazard Mitigating Plan Therein Pursuant To Government Code Section 65302.6
RECOMMENDATION
Motion to Approve Resolution No. 2023-17 A Resolution Of The City Council Of The City Of Patterson Approving And Adopting General Plan Amendment No. 2023-01, An Update To The Health And Safety Element Including Adoption Of The Multi-Jurisdictional Hazard Mitigating Plan Therein Pursuant To Government Code Section 65302.6
BACKGROUND
The Disaster Mitigation Act (DMA) of 2000 (Public Law 106-390) requires local governments to develop and adopt pre-disaster mitigation plans in order to minimize property damage and the risk to public health and safety that might result from the effects of natural or man-made disasters. A MJHMP assesses risk and vulnerabilities and identifies and prioritizes mitigation projects. The 2022 Stanislaus County MJHMP update makes the City eligible for Federal Emergency Management Agency (FEMA) Pre-Disaster Mitigation and Hazard Mitigation Assistance (HMA) grant programs. FEMA requires the MJHMP to be updated every five years to maintain eligibility for grants.
California adopted Assembly Bill (AB) 2140 (Hancock) in 2006, which added provisions specifying what is to be included in a LHMP and requiring a linkage between local jurisdiction’s LHMP and the Safety Element of their General Plan. AB 2140 requires a jurisdiction to adopt the LHMP into the Safety Element of the General Plan in order to be eligible for an increased share of disaster relief funding under the California Disaster Assistance Act.
The increasing cost of disaster recovery in the nation and the State of California over the past decades prompted a renewed interest in determining effective and holistic approaches to minimize natural hazards. Hazard mitigation planning plays an important role in building community resilience through the identification of hazards, assessment of vulnerabilities, and the development of mitigation actions.
ANALYSIS
To begin the LHMP update process, in December 2020, Stanislaus County issued a Request for Proposal (RFP) (#20-51-AH) seeking a qualified consultant to help prepare an update to the County’s LHMP and to facilitate a multi-jurisdictional planning process with nine participating municipalities and the Stanislaus County Office of Education, for a total of 10 participating jurisdictions. In February 2021, the County selected Wood Environment & Infrastructure Solutions, Inc. (now WSP USA Environment & Infrastructure Inc.) as its consultant.
County staff and WSP Environment & Infrastructure Inc. began the MJHMP update process with an evaluation of the existing 2017 LHMP, a compilation of background information, the development of an Outreach Strategy, and the establishment of a HMPC comprised of County and City staff, as well as external agency and organization partners. This planning process consisted of participation in the HMPC and the formation of a smaller internal planning team referred to as the City’s Local Planning Committee (LPT). Planning partners and stakeholders involved with the Patterson LPT included the Patterson Public Works Management Analyst, Community Development Director, and Fire Chief. Public participation was an important part of the MJHMP update process. The public outreach for the MJHMP update included deliberate engagement with planning partners, stakeholders, and community groups with an acute interest and/or experience in hazard mitigation issues as well as opportunities for the general public to participate and inform the MJHMP update.
The planning process began with a kick-off meeting with the HMPC on August 5, 2021. The meeting covered the scope of work for the LHMP update and an introduction to the DMA requirements. During the planning process, the HMPC communicated through virtual planning work sessions, email, and monthly virtual meetings, and added information to the County’s LHMP webpage. WSP Environment & Infrastructure, Inc. distributed draft planning documents via email to the City (Public Works Management Analyst, Community Development Director, and Fire Chief) and then distributed materials to the HMPC. The HMPC met three times during the planning period (August 5, 2021, November 9, 2021, January 13, 2022). The risk assessment focused on potential impacts from dam incidents, drought, earthquake, extreme heat, and flood hazards. Mitigation actions addressed prevention, property protection, public education and awareness, natural resource protection, emergency services, and improved management practices for structural projects. The actions were then prioritized using the STAPLEE criteria (social, technical, administrative, political, legal, economic, and environmental).
Policy Implications
The purpose of the Stafford Act, as amended by the DMA of 2000, is to “reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters.” Section 322 of the Stafford Act specifically addresses mitigation planning and requires state and local governments to prepare LHMPs as a precondition to receiving FEMA HMA and BRIC grant funding. The requirements of Title 44 Code of Federal Regulations (CFR) Section 201.6 includes regulations that must be met before FEMA will approve a LHMP. LHMPs must also be updated every 5 years in order for jurisdictions to remain eligible for FEMA HMA and BRIC funding.
This action is consistent with the following City Council Strategic Plan Objectives related to Health and Public Safety:
Community Livability & Quality of Life: Engage citizens and businesses in government decision making and community service.
The MJHMP Outreach Strategy laid out a framework for ensuring the hazard mitigation planning process engaged key community-based organizations and provided several opportunities for public involvement, and where possible integrated new mitigation actions that focused on addressing the needs of those most vulnerable to natural hazards.
Infrastructure & the Built Environment: Continue to actively seek collaborative solutions to ground water management and water quality issues.
The Patterson LPT rated drought as a high priority hazard and integrated related mitigation actions into the City of Patterson LHMP Annex, including the need to establish and maintain cooperative working relationships among public agencies, water utilities, water and irrigation districts, GSAs, and other relevant stakeholders.
This action is also consistent with the following City of Patterson General Plan Health and Safety Element Goal:
Goal HS4: To ensure that City emergency response procedures are adequate in the event of natural or human-made disasters.
The comprehensive development of the 2022 Stanislaus County MJHMP update and the City of Patterson LHMP Annex is the City’s main roadmap to building a safer Patterson and promoting resiliency throughout every department at the City. The City can achieve this through ongoing implementation and maintenance of the mitigation strategy, annual review and evaluation review, and participating in regular MJHMP updates.
The 2022 Stanislaus County MJHMP and City of Patterson LHMP Annex is also consistent with Goal HS-1, Goal HS-2, and Goal HS-3 in the General Plan Health and Safety Element related to geologic, flood, and fire hazards.
GOAL ALIGNMENT
The goal of the MJHMP update is to develop practical, attainable, and cost-effective mitigation actions to reduce vulnerability to the identified hazards and reduce human, property, and economic losses from hazard events. Stanislaus County contracted with Wood Environment & Infrastructure Solutions, Inc., now WSP USA Environment & Infrastructure Inc., to facilitate and develop the updated MJHMP and associated annexes. Subsequently, the plan was prepared pursuant to the requirements of the DMA of 2000, so that the City and County would become eligible for FEMA HMA, Flood Mitigation Assistance (FMA), and Building Resilient Infrastructure and Communities (BRIC) grant programs.
This single-jurisdiction LHMP Annex to the Stanislaus County MJHMP update is a customized plan tailored for the City of Patterson. The related General Plan Amendment adopts the 2022 Stanislaus County MJHMP update into the General Plan by reference.
This MJHMP update identifies resources, information, and strategies for reducing risk from natural hazards. Mitigation strategies in the plan were collaboratively developed to best meet the needs of the City’s planning partners, stakeholders, and their citizens. One of the benefits of hazard mitigation planning and specifically convening a Hazard Mitigation Planning Committee (HMPC) is the ability to pool resources and eliminate redundant activities within a planning area that has uniform risk exposure and vulnerabilities.
This MJHMP update builds on successful mitigation actions developed in adjacent planning areas, such as the 2017 Stanislaus County LHMP, the 2018 California Climate Adaptation Strategy, and the 2017 Central Valley Flood Protection Plan. This plan will also help guide and coordinate mitigation activities throughout the City’s Planning Area, as defined by the Patterson city limits.
The 2022 MJHMP update was developed to meet the following objectives:
· Meet or exceed requirements of the DMA of 2000.
· Enable the City to use federal HMA and BRIC grant funding to reduce risk through mitigation.
· Create a risk assessment that focuses on the City’s hazards of concern. · Maintain and implement the MJHMP to identify natural hazards, minimize or eliminate their effects and reduce prospective costs of reparations before any natural hazard takes place consistent with the Emergency Response Goal in the City of Patterson’s General Plan Health and Safety Element.
· Create a single planning document that integrates all planning partner and stakeholder input into a framework that supports partnerships and coordination within the City and the County.
· Meet the planning requirements of FEMA’s National Flood Insurance Program (NFIP) Community Rating System (CRS) if the City chooses to participate in this program in the future.
· Coordinate existing plans and programs so that high-priority initiatives and projects to mitigate possible disaster impacts are funded and implemented.
PUBLIC OUTREACH
Public involvement for hazard mitigation plans according to the DMA of 2000 (CFR § 201.6(b)) requires the planning process include an opportunity for the public to comment on the plan during the drafting stage and prior to plan approval and opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities to be involved in the planning process. The County developed an Outreach Strategy for the MJHMP update to provide a meaningful process through which the County and their citizens, public officials, and stakeholder groups could effectively participate in the MJHMP planning process. It outlines a range of engagement platforms the County used to notify and engage stakeholders and the public. The County notified the project stakeholders and public about the MJHMP update via email, the circulation of press releases, newspaper notices, and social media postings. The County formally engaged Alameda County, Calaveras County, Merced County, Santa Clara County, San Joaquin County, and Tuolumne County, as neighboring jurisdictions during the planning process, and to comment on the Administrative Draft MJHMP.
The County also circulated a public survey for the LHMP update for a two-month period and facilitated two public workshops. The first Public Workshop was on November 4, 2021, and the second Public Workshop was on June 23, 2022. Public Review Draft LHMP was available for public comments for 30 days between June 20, 2022 through July 22, 2022. The County compiled public comments on the planning process, hazard profiles, risk assessment, and the Draft MJHMP during public review. During this time formal comments on the draft plan circulated during public review were compiled and organized. These comments were submitted by email and through an online form; some public comments were also recorded during the second Public Workshop. The County and WSP incorporated public input by reviewing the comments and revising the MJHMP prior to submittal to Cal OES and FEMA Region IX.
Policy Implications
The purpose of the Stafford Act, as amended by the DMA of 2000, is to “reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters.” Section 322 of the Stafford Act specifically addresses mitigation planning and requires state and local governments to prepare LHMPs as a precondition to receiving FEMA HMA and BRIC grant funding. The requirements of Title 44 Code of Federal Regulations (CFR) Section 201.6 includes regulations that must be met before FEMA will approve a LHMP. LHMPs must also be updated every 5 years in order for jurisdictions to remain eligible for FEMA HMA and BRIC funding.
This action is consistent with the following City Council Strategic Plan Objectives related to Health and Public Safety:
Community Livability & Quality of Life: Engage citizens and businesses in government decision making and community service.
The MJHMP Outreach Strategy laid out a framework for ensuring the hazard mitigation planning process engaged key community-based organizations and provided several opportunities for public involvement, and where possible integrated new mitigation actions that focused on addressing the needs of those most vulnerable to natural hazards.
Infrastructure & the Built Environment: Continue to actively seek collaborative solutions to ground water management and water quality issues.
The Patterson LPT rated drought as a high priority hazard and integrated related mitigation actions into the City of Patterson LHMP Annex, including the need to establish and maintain cooperative working relationships among public agencies, water utilities, water and irrigation districts, GSAs, and other relevant stakeholders.
This action is also consistent with the following City of Patterson General Plan Health and Safety Element Goal:
Goal HS4: To ensure that City emergency response procedures are adequate in the event of natural or human-made disasters.
The comprehensive development of the 2022 Stanislaus County MJHMP update and the City of Patterson LHMP Annex is the City’s main roadmap to building a safer Patterson and promoting resiliency throughout every department at the City. The City can achieve this through ongoing implementation and maintenance of the mitigation strategy, annual review and evaluation review, and participating in regular MJHMP updates.
The 2022 Stanislaus County MJHMP and City of Patterson LHMP Annex is also consistent with Goal HS-1, Goal HS-2, and Goal HS-3 in the General Plan Health and Safety Element related to geologic, flood, and fire hazards.
GOAL ALIGNMENT
The goal of the MJHMP update is to develop practical, attainable, and cost-effective mitigation actions to reduce vulnerability to the identified hazards and reduce human, property, and economic losses from hazard events. Stanislaus County contracted with Wood Environment & Infrastructure Solutions, Inc., now WSP USA Environment & Infrastructure Inc., to facilitate and develop the updated MJHMP and associated annexes. Subsequently, the plan was prepared pursuant to the requirements of the DMA of 2000, so that the City and County would become eligible for FEMA HMA, Flood Mitigation Assistance (FMA), and Building Resilient Infrastructure and Communities (BRIC) grant programs.
This single-jurisdiction LHMP Annex to the Stanislaus County MJHMP update is a customized plan tailored for the City of Patterson. The related General Plan Amendment adopts the 2022 Stanislaus County MJHMP update into the General Plan by reference.
This MJHMP update identifies resources, information, and strategies for reducing risk from natural hazards. Mitigation strategies in the plan were collaboratively developed to best meet the needs of the City’s planning partners, stakeholders, and their citizens. One of the benefits of hazard mitigation planning and specifically convening a Hazard Mitigation Planning Committee (HMPC) is the ability to pool resources and eliminate redundant activities within a planning area that has uniform risk exposure and vulnerabilities.
This MJHMP update builds on successful mitigation actions developed in adjacent planning areas, such as the 2017 Stanislaus County LHMP, the 2018 California Climate Adaptation Strategy, and the 2017 Central Valley Flood Protection Plan. This plan will also help guide and coordinate mitigation activities throughout the City’s Planning Area, as defined by the Patterson city limits.
The 2022 MJHMP update was developed to meet the following objectives:
· Meet or exceed requirements of the DMA of 2000.
· Enable the City to use federal HMA and BRIC grant funding to reduce risk through mitigation.
· Create a risk assessment that focuses on the City’s hazards of concern. · Maintain and implement the MJHMP to identify natural hazards, minimize or eliminate their effects and reduce prospective costs of reparations before any natural hazard takes place consistent with the Emergency Response Goal in the City of Patterson’s General Plan Health and Safety Element.
· Create a single planning document that integrates all planning partner and stakeholder input into a framework that supports partnerships and coordination within the City and the County.
· Meet the planning requirements of FEMA’s National Flood Insurance Program (NFIP) Community Rating System (CRS) if the City chooses to participate in this program in the future.
· Coordinate existing plans and programs so that high-priority initiatives and projects to mitigate possible disaster impacts are funded and implemented.
PUBLIC OUTREACH
Public involvement for hazard mitigation plans according to the DMA of 2000 (CFR § 201.6(b)) requires the planning process include an opportunity for the public to comment on the plan during the drafting stage and prior to plan approval and opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities to be involved in the planning process. The County developed an Outreach Strategy for the MJHMP update to provide a meaningful process through which the County and their citizens, public officials, and stakeholder groups could effectively participate in the MJHMP planning process. It outlines a range of engagement platforms the County used to notify and engage stakeholders and the public. The County notified the project stakeholders and public about the MJHMP update via email, the circulation of press releases, newspaper notices, and social media postings. The County formally engaged Alameda County, Calaveras County, Merced County, Santa Clara County, San Joaquin County, and Tuolumne County, as neighboring jurisdictions during the planning process, and to comment on the Administrative Draft MJHMP.
The County also circulated a public survey for the LHMP update for a two-month period and facilitated two public workshops. The first Public Workshop was on November 4, 2021, and the second Public Workshop was on June 23, 2022. Public Review Draft LHMP was available for public comments for 30 days between June 20, 2022 through July 22, 2022. The County compiled public comments on the planning process, hazard profiles, risk assessment, and the Draft MJHMP during public review. During this time formal comments on the draft plan circulated during public review were compiled and organized. These comments were submitted by email and through an online form; some public comments were also recorded during the second Public Workshop. The County and WSP incorporated public input by reviewing the comments and revising the MJHMP prior to submittal to Cal OES and FEMA Region IX.
The MJHMP received adoption recommendation from the Planning Commission on March 23, 2023 with a 4-0 vote.
ENVIRONMENTAL REVIEW
Development and adoption of the 2022 Stanislaus County MJHMP update the City of Patterson LHMP Annex update is a planning exercise to prepare the City for foreseeable emergencies and other risks. As the plan indicates, implementation of any of the mitigations identified will be a post-adoption actions subject to staff review on a case-by-case basis and City Council action.
Accordingly, the plan is not a project subject to the requirements of the California Environmental Quality Act (CEQA) given the plan itself is a continuing administrative or maintenance activity, such as general policy and procedure making, or governmental administrative activity, and will not result in direct or indirect physical changes in the environment in accordance with Section 15378(b).
The plan is also categorically exempt based on the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the current activity may affect the environment, in accordance with Section 15061(b)(3). It is also exempt from CEQA in accordance with Section 15183 as a project that is consistent with the City’s General Plan, Community Plans, and Zoning Ordinance; and/or categorically exempt from CEQA in accordance with Section 15162 as a feasibility and planning study that informs the City of vulnerabilities to natural hazards and develops potential future actions to mitigation risks.
FISCAL IMPACT
Adoption of the 2022 Stanislaus County MJHMP does not have any direct financial implications.
Indirectly, adoption of the MJHMP update may have financial implications in order to provide necessary resources to implement programs and remain in compliance with DMA of 2000 (44 CFR § 201.6) requirements and annual plan maintenance and implementation protocols.
The FEMA HMGP grant was awarded to Stanislaus County for $ 225,000.00, with a required $75,000 local match from the General Fund. Formal adoption of the MJHMP update and the City of Patterson Annex will allow the State to release the retention amount withheld throughout the grant duration. Once the plan is adopted locally, the County will become eligible to apply for future HMA, FMA, and BRIC funds through FEMA.