Item 10 - Grant Application for the State of California, Department of Water Resources, Proposition 68, Protection, & Risk Awareness Grant Program (PDF-1416 KB) — Sacramento City Council, February 15, 2022

Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org

File ID: 2022-00327 February 15, 2022 Consent Item 10

Title: Grant Application for the State of California, Department of Water Resources, Proposition 68 Floodplain Management, Protection, and Risk Awareness Grant Program

Location: Citywide

Recommendation: Adopt a Resolution authorizing the City Manager or City Manager’s designee to apply for grant funding from the State of California, Department of Water Resources (DWR), for the Proposition 68 Floodplain Management, Protection, and Risk Awareness Grant Program.

Contact: William O. Busath, Director (916) 808-1434, [email protected], Chuong (Ryan) Pham, Business Services Manager (916) 808-8995, [email protected], Dean Fujimoto, Program Manager, (916) 808-6645, [email protected], Tyler Stratton, Program Specialist, (916) 808-1284, [email protected], Department of Utilities

Presenter: None

Attachments:
1-Description Analysis
2-Resolution
3-Environmental Information Form
4-Attorney’s Certification Form

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File ID: 2022-00327 Consent Item 10
February 15, 2022
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City of Sacramento

Description/Analysis

Issue Detail: On September 27, 2021, DWR announced the opening of the solicitation period for the Proposition 68 Floodplain Management, Protection, and Risk Awareness Grant Program (FMPRA) with the release of the Final Guidelines and Grant Proposal Solicitation Package (PSP). This solicitation made $50.4 million available. The City of Sacramento, DOU submitted five concept proposals under this solicitation, and four of those five projects were identified as competitive projects for submitting formal proposals.

The City, DOU is requesting authority to apply for the Proposition 68 FMPRA Grant Program for the following Storm Drainage projects. The total project costs are estimated to be $2,659,004.

Project Request
Dias Avenue Detention Basin (Basin #147) $931,741
Elder Creek Relining Project $750,000
Florin Creek Study and Pomegranate Localized Flood Control Project $789,763 Comprehensive Flood Management Plan Project $187,500
Total $2,659,004

Policy Considerations: Council Resolution 2021-0198 requires City Council approval to apply for operating grants of more than $250,000.

Economic Impacts: None

Environmental Considerations: The proposed activity of applying for a grant is not a project pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b). The fiscal management of the DOU’s CIP is an ongoing administrative fiscal activity and is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3). Appropriate environmental review consistent with the requirements of CEQA will be completed prior to specific project action.

Sustainability: Not Applicable

Commission/Committee Action: Not Applicable

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File ID: 2022-00327 Consent Item 10
February 15, 2022
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City of Sacramento

Rationale for Recommendation: If the FMPRA grant is awarded, DOU would be able to further provide flood management in disadvantaged area communities (DACs), around and throughout the City of Sacramento, which will increase protection and awareness.

These projects will also support the City’s Sustainability Master Plan goal by enabling DOU to continue to provide public safety.

Financial Considerations: The Proposition 68 FMPRA grant, could award the City $2,659,004 in grant funding. If the State approves the application for the DOU projects, the 25% local match requirement can be waived for eligible DAC projects. Match requirements will be determined during the application process, which would impact the grant award amount.

Staff will return to City Council for authority to execute the grant agreement, and to appropriate the awarded grant funding and transfer matching funds if required.

There are no General Funds planned or allocated to this project.

Local Business Enterprise (LBE): Not Applicable

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RESOLUTION NO. 2022-
Adopted by the Sacramento City Council

February 15, 2022

GRANT APPLICATION FOR THE STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES, PROPOSITION 68 FLOODPLAIN MANAGEMENT,

PROTECTION, AND RISK AWARENESS GRANT PROGRAM

PROGRAM BACKGROUND
A. On September 27, 2021, the Department of Water Resources (DWR) announced the opening of the solicitation period for Proposition 68, Floodplain Management, Protection, and Risk Awareness Grant Program (FMPRA). To be eligible for this funding, DWR required concept proposals to be submitted. The City of Sacramento submitted five project concept proposals, and four were recognized as being competitive projects for submitting formal applications.

B. The Proposition 68, FMPRA is a competitive grant program for reducing flood risks associated with stormwater flooding, mudslides, and flash flooding and must promote wise use of flood plains and include stormwater flood risk reduction components.

C. The City of Sacramento, Department of Utilities is seeking approval to apply for the Proposition 68 FMPRA grant for the following Storm Drainage projects.

D. The estimated costs of the proposed projects are approximately $2.7 million; the total costs may vary in the final applications depending on the final scope of the individual projects and if the State requires a local match.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The City Manager or the City Manager’s designee, the Director of the Department of Utilities, is a uthorized to apply for Proposition 68,

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Department of Water Resources, Floodplain Management, Protection, and Risk Management Awareness Grant Program for the following Storm Drainage projects:

1. Dias Avenue Detention Basin (Basin #147).

2. Elder Creek Relining.

3. Florin Creek Study & Pomegranate Localized Flood Control.

4. Comprehensive Flood Management Plan.

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_______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ _______________________________________________________________________________________________________________ Appendix G
Environmental Information Form
Grantees are responsible for complying with all applicable laws and regulations for their projects, including the California Environmental Quality Act (CEQA). Work that is subject to the California Environmental Quality Act (CEQA) shall not proceed under this Agreement until documents that satisfy the CEQA process are received by the Department of Water Resources (Department) and the Department has completed its CEQA compliance. Work that is subject to a CEQA shall not proceed until and unless approved by the Department. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. Once CEQA documentation has been completed, the Department will consider the environmental documents and decide whether to continue to fund the project or to require changes, alterations or other mitigation.

Grant Recipient: _________________________________________________________________________________________ Proj
ect Manager: ________________________________________________________________________________________ Ph
one Number: ________________________________________ Agreement # : __________________________________ Add
ress: ____________________________________________________________________ _____________________________

1. List the source of any other grants or funds received from the Department of Water Resources to implement a portion of this project.

2. Is this a project as defined by CEQA? Yes  No  (if "yes", skip to #3) If "no", please explain below then skip to #8.

3. Is this project exempt from CEQA compliance? Yes  No  (if "no", skip to #4) If “yes”, provide reasons for exemption. Cite the CEQA Article, Section and Title of the CEQA exemption, if appropriate. A partial list of the statutory exemptions is found in Cal. Code Regs., tit.14, art. 18 (sections 15260 – 15285) and a list of categorical exemptions is found in Cal. Code Regs., tit. 14, art. 19 (sections 15300 – 15332). A copy of CEQA and the applicable regulations may be found at:
http://resources.ca.gov/ceqa/docs/2016_CEQA_Statutes_and_Guidelines.pdf Check appropriate box below:

Lead Agency has already filed a Notice of Exemption (NOE) with the State Clearinghouse and/or County Clerk. Attach copy of NOE and, if applicable, a copy of Board Resolution.  Lead Agency will file a NOE with the State Clearinghouse and/or County Clerk. Provide estimated date: ____________________________
 Lead Agency will NOT file a NOE with the State Clearinghouse and/or County Clerk.

If Lead Agency chooses not to file a NOE, sufficient documentation and information must be submitted to the Project Director, along with this form, to allow DWR to make its own determination that the project is exempt from CEQA.

Reason for exemption:

G-
1

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ENVIRONMENTAL INFORMATION FORM

4. If the project will require CEQA compliance, identify the Lead Agency.

5. 6.

7. 8.

9. CEQA Lead Agency: ________________________________________________________________________________ Please check types of CEQA documents that have been or are to be prepared:
 Initial Study
 Negative Declaration / Mitigated Negative Declaration  Environmental Impact Report
Please describe the status of the CEQA documents, expected date of completion, and estimated cost, if requesting DWR funds relating to CEQA compliance:

Status: ______________________________________________________________________________________________ Date of Completion: ________________________________________________________________________________ Estimated Costs: ____________________________________________________________________________________ If the CEQA document has been completed, please provide the name of the document and the State Clearinghouse number, if available. Submit two copies to the Program Manager.

Please list all environmental permits you must obtain to complete the project: (attach additional pages, as necessary)

TYPE OF PERMIT REQUIRED
This form was completed by:

PERMITTING AGENCY
Print or Type Name Phone Number
Signature Date
Please send the completed and signed form to DWR Project Manager.

For DWR internal use:
 DWR received environmental documents.
 DWR made findings.

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F-1
Appendix F
Attorney’s Certification Form
(The
applicant’s attorney shall answer the following questions regarding this proposal and where indicated, shall cite statutory authority or other references.) • Is the
Applicant a political subdivision of the State of California? ( ) Yes ( ) No Citation:
• Does the Applicant have legal authority to enter into a funding agreement with the State of California? ( )Yes ( )No
Citation: __________________________________________________________________ • What steps are required by law for the Applicant to contract with the State? __________________________________________________________________________ Citation:___________________________________________________________________ • What is t
he statutory authority under which the Applicant may obtain funds for the purpose, amount, and duration requested?
Citation:___________________________________________________________________ • What is the statutory authority under which the Applicant was formed and is authorized to operate?
Citation:___________________________________________________________________ • Is the
Applicant required to hold an election before entering into a funding contract with the State? ( )Yes ( )No
Citation:___________________________________________________________________

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F-2
• Will
a funding agreement between the Applicant and the State be subject to review and approval by other governmental agencies? ( )Yes ( )No
Identify all such agencies:
__
Citation:
_
• Describe any pending litigation that impacts the financial condition of the Applicant or the operation of flood management facilities. If none is pending, state none. __________________________________________________________________________ _____
• Does the Applicant have legal authority and jurisdiction to implement a flood control program and the authority to make land use decisions at the Project site and in the protected area?
( )Yes ( )No
Citation:

I certify that I am a duly qualified and licensed attorney in California representing the applicant agency and that I have answered the questions on this page and the preceding page to the best of my knowledge.

By:_________________________________________ Date:________________________ (Signature of Applicant Agency’s Attorney)
__________ __________________________________________________________________________________________________ (Printed Name of Applicant Agency’s Attorney) (Title) (Bar No.) __________
____________________________________________________________________________ (Name of Applicant Agency)

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Sacramento City CouncilFebruary 15, 2022

Sacramento City Council
February 15, 2022