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HomeMy WebLinkAboutItem 11b - Incorporating City's LHMP into the Safety Element DATE: February 18, 2025 TO: Honorable Mayor and City Council FROM: Chen Suen, Fire Chief SUBJECT: RESOLUTION NO. 7620 INCORPORATING THE CITY OF ARCADIA LOCAL HAZARD MITIGATION PLAN (“LHMP”) INTO THE SAFETY ELEMENT OF THE ARCADIA GENERAL PLAN CEQA: Not a Project Recommendation: Adopt SUMMARY Passed in 2006, Assembly Bill No. 2140 (“AB 2140”) allows California cities to be considered for additional revenues by adopting their approved Local Hazard Mitigation Plans (“LHMPs”) into the Safety Element of their General Plans. This adoption, along with meeting other requirements, makes a city eligible for having part, or all of its local-share costs on Public Assistance projects, provided by the State through the California Disaster Assistance Act (“CDAA”). On May 3, 2022, the City Council adopted Arcadia’s Local Hazard Mitigation Plan (“LHMP”) in accordance with the Disaster Mitigation Act of 2000. The LHMP was approved by the Federal Emergency Management Agency (“FEMA”) on May 11, 2022. On December 17, 2024, the City Council adopted Resolution No. 7606, approving an updated Safety Element and a new Environmental Justice Element in the Arcadia General Plan. While the Safety Element was drafted with the LHMP in mind and includes references to it, the LHMP was not formally incorporated into the Element. The proposed resolution would accomplish this and formally incorporate the LHMP into Arcadia’s Safety Element. To be eligible, in part or in total, for the City’s local-share costs of Public Assistance projects under the California Disaster Assistance Act, it is recommended that the City Council adopt Resolution No. 7620, incorporating the City’s Local Hazard Mitigation Plan into the Safety Element of the Arcadia General Plan. BACKGROUND For eligible Public Assistance (“PA”) projects after a disaster, such as the recent Eaton Fire and windstorm event, the typical local (non-federal) cost share is 25% of the total Resolution No. 7620 – Incorporating City’s LHMP into the Safety Element February 18, 2025 Page 2 of 3 project cost. To pay for eligible PA projects and following legislature approval allowing additional State funding post disaster, the California Disaster Assistance Act (“CDAA”) enables the State to pay up to 18.75% of the 25% non-federal share, which would otherwise fall upon a county or city to cover. Upon approval from the legislature, counties and cities that are AB 2140 compliant are eligible to have the remaining 6.25% local share funded by the State, which essentially covers all local-share costs for eligible Public Assistance projects. AB 2140 is not a requirement, rather it is an optional State incentive to help cities become more resilient to natural hazards and disasters. There are several steps that must be taken to be AB 2140 compliant. Cities must complete and submit an LHMP to the Governor’s Office of Emergency Services (“OES”) that is current and approved by FEMA. DISCUSSION The Disaster Mitigation Act of 2000 was enacted by the federal government with emphasis on hazard mitigation planning for local municipalities. This law requires that local governments develop and adopt an LHMP, with final approval given by FEMA. An LHMP is a document that identifies potential natural and human-caused disasters. Its mission is to promote public policy designed to protect residents, critical facilities, infrastructure, private property, and the environment, from natural and human-caused hazards. The LHMP includes a description, risk analysis, and mitigation strategies for each hazard that may occur, such as fires, floods, earthquakes, and so forth. Arcadia’s LHMP was prepared through a concerted and collaborative effort of City departments, residents, and major stakeholders in the region. The City’s LHMP was transmitted to California’s Office of Emergency Services (“Cal OES”) in April 2021 and forwarded by Cal OES to FEMA, thereafter. The City’s LHMP was officially adopted in May 2022 by the City Council and subsequently approved by FEMA on May 11, 2022. Additional requirements under AB 2140 include having language specific to the LHMP contained within the Safety Element of the General Plan, and that the LHMP must be easily accessible in its entirety as a weblink, appendices, or attachment within the Safety Element. Language specific to the LHMP was included on Page 8-3 of the Safety Element and a hyperlink was provided, making the LHMP easily accessible in its entirety. The remaining step to become AB 2140 compliant includes the adoption of the LHMP into the Safety Element of the General Plan by resolution. Resolution 7620 is not amending the Safety Element; the language listed in this Resolution is already in the Safety Element. The proposed resolution merely validates that the language in the LHMP is also in the Safety Element and thus, references that the two documents are linked or connected. Resolution No. 7620 (attached) will conclude the final step for AB 2140 compliance and will allow the City to be eligible for further funding on eligible PA projects. Resolution No. 7620 – Incorporating City’s LHMP into the Safety Element February 18, 2025 Page 3 of 3 ENVIRONMENTAL ANALYSIS Resolution No. 7620 is not amending the Safety Element since the LHMP language was already included in the Arcadia General Plan, which was adopted by the City Council on December 17, 2024. The adoption of the Safety Element in December 2024, included the adoption of a Negative Declaration in compliance with the California Environmental Quality Act (“CEQA”). Since the proposed action is only to link two documents, the action does not constitute a project under CEQA, as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT There is no immediate fiscal impact to the City from the adoption of Resolution No. 7620; however, by adopting the resolution, the City will become eligible to recover up to an additional 6.25% of emergency and disaster response costs, as they arise. Such costs for the Eaton Fire and 2025 Windstorms are expected to exceed $2 million. By being fully compliant with AB 2140, the City could be eligible for upwards of $125,000 in additional cost recovery. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7620 incorporating the City of Arcadia Local Hazard Mitigation Plan (“LHMP”) into the Safety Element of the Arcadia General Plan. Attachment: Resolution No. 7620