Staff recommends that the City Council adopt this resolution approving a Memorandum of Understanding (MOU) between the City of Union City, City of Newark, City of Fremont, Union Sanitary District, and Alameda County Water District for the development of a Multijurisdictional Local Hazard Mitigation Plan (MLHMP).

This item is in alignment with the following City Council priority:

Goal C: Economic, Community Development and Public Safety

Strategy 12: Provide employee training for emergency preparedness and conduct disaster response drill.

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 otherwise result from the effects of a natural or man-made disaster. A Federal Emergency Management Agency (FEMA) approved plan also allows the City to be eligible for FEMA Pre-Disaster Mitigation and Hazard Mitigation Grant programs. Such plans identify the hazards a community or region faces, assesses their vulnerability to the hazards, and identifies specific actions that can be taken to reduce these risks.

The City of Union City last adopted a Local Hazard Mitigation Plan (LHMP) in 2017. The LHMP identifies mitigation measures to reduce the risks posed by potential hazards and to strengthen community resilience. The LHMP is also incorporated by reference into the Safety Element of the General Plan and forms the basis of several of the General Plan policies, ensuring a coordinated approach to public safety and qualifying the City for additional funding opportunities (consistent with California Government Code Section 65302.6).

The City of Union City’s LHMP is also required to be updated every five years in accordance with Federal Emergency Management Agency Disaster Mitigation Act of 2000 as amended in the Stafford Act as part of the Federal Regulations, Stafford Act Title 44, Chapter 1, Part 201.  The City of Union City will be partnering with the City of Fremont and City of Newark along with Alameda County Water District and Union Sanitary District to complete a Multijurisdictional LHMP (MLHMP) that provides for close coordination of mitigation planning and implementation efforts, as well as ensuring a FEMA approved LHMP is in place.

FEMA allocates Hazard Mitigation Assistance Grants (HMGP) funding to states according to a formula of 20 percent of eligible damage following Major Disasters.  The California Governer's Office of Emergency Services (Cal OES) allocates FEMA HMGP funding to municipalities and other eligible public entities through a competitive grant sub-application process.  To date, Cal OES has received $592 million in FEMA funding related to the 2020 California wildfires. In allocating associated HMGP funding to sub-applicants, Cal OES specifically identified LHMPs expiring within 24 months as its highest priority.

In June 2021, following extensive coordination with neighboring jurisdictions, the City submitted a proposal to Cal OES for funding to complete a Multijurisdictional LHMP. Emergency Management personnel from the City of Union City, City of Fremont, City of Newark, Alameda County Water District, and Union Sanitary District agreed to participate in the proposed project and agreed to recommend entering into a Memorandum of Agreement to formalize joint participation and share financial risk associated with the grant.

The new Multijurisdictional LHMP will be prepared consistent with the industry best practices; Federal and State guidance; and all applicable laws, rules and regulations. The funding that will be received will be used to hire a consultant, through competitive solicitation, to prepare the plan.  This will be done under the direction of a Project Management Team made up of subject matter experts from the City of Union City, City of Fremont, City of Newark, Alameda County Water District, and Union Sanitary District. The Multijurisdictional LHMP Project Management Team will begin the selection process of a contractor in January 2023, award a contract by February 2023, and kick-off the MLHMP project by March 2023.

This Memorandum of Understanding formalizes the joint participation as well as the shared financial risk associated with the FEMA Grant.

Each party in the Memorandum of Understanding will pay its proportionate share of the related costs of the consultant preparing the Multijurisdictional LHMP. The City of Union City's share of the cost is expected to be $32,401.72.

Staff recommends that the City Council adopt this resolution approving a Memorandum of Understanding (MOU) between the City of Union City, City of Newark, City of Fremont, Union Sanitary District, and Alameda County Water District for the development of a Multijurisdictional Local Hazard Mitigation Plan (MLHMP).