Page 1 of 7 14 Office of the City Manager CONSENT CALENDAR October 17, 2017 To: From: Honorable Mayor and Members of the City Council Dee Williams-Ridley, City Manager Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: FEMA Hazard Mitigation Grant Application for Seismic Retrofit of Live Oak Community Center RECOMMENDATION Adopt a Resolution authorizing the City Manager to submit a grant application to the Federal Emergency Management Agency (FEMA) for funds in the amount not to exceed $916,000 for the seismic retrofit of the Live Oak Community Center; authorizing the City Manager to accept the grant; to execute any resultant revenue agreement and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. FISCAL IMPACTS OF RECOMMENDATION The FEMA grant of $916,000 covers 75% of the total project cost, and requires a 25% City match not to exceed $305,333, for a total project cost of $1,221,333. On June 27, 2017, the City Council approved the list of projects for phase one of the City s Measure T1 Infrastructure Bond Program (Resolution No. 68,076). Included in the list is $4.9 million for improvements at the Live Oak Community Center. The local City match for the FEMA grant application will come from this T1 allocation. CURRENT SITUATION AND ITS EFFECTS As the result of the declaration of a major federal disaster for the California Severe Winter Storms, Flooding, Mudslides (DR-4308) on April 1, 2017, the State of California is eligible for Hazard Mitigation Grant Program (HMGP) funding aimed at reducing or eliminating future damages. Grants do not need to be used to mitigate the specific disaster in the region where it occurred. The California Office of Emergency Services (Cal OES) anticipates approximately $115 million will be available in California. Based on a seismic evaluation of the Live Oak Community Center prepared by an independent engineering firm, the City submitted a Notice of Interest (NOI) to FEMA for a seismic retrofit and renovation of the building. After FEMA review of the NOI, the City was invited to submit a full application to compete for HMGP funding. This funding will cover the seismic mitigation work identified in the seismic evaluation, which will reduce the chance of building collapse in the event of a moderate or major earthquake. 2180 Milvia Street, Berkeley, CA 94704 Tel: (510) 981-7000 TDD: (510) 981-6903 Fax: (510) 981-7099 E-Mail: manager@cityofberkeley.info Website: http://www.cityofberkeley.info/manager
Page 2 of 7 FEMA Hazard Mitigation Grant Application CONSENT CALENDAR for Seismic Retrofit of Live Oak Community Center October 17, 2017 BACKGROUND Built in 1955, the Live Oak Community Center is located at 1301 Shattuck Ave at Live Oak Park. The building is approximately 15,000 square feet and provides a variety of educational, recreation, and social services. The building also houses other programs and public events during the evenings and on weekends. The Center is also identified as a care and shelter facility in the event of an emergency. ENVIRONMENTAL SUSTAINABILITY The City s Resilience Strategy outlines a plan to upgrade City community and senior centers, which serve as care and shelter sites in the event of a disaster. These upgrades involve improvements for greater savings and efficiencies in the use of utilities, which make the facility more resilient to disasters, safer, and greener. RATIONALE FOR RECOMMENDATION This project supports a key mitigation strategy identified in the City 2014 Local Hazard Mitigation Plan to strengthen critical City buildings to ensure that the community can be served adequately after a disaster. ALTERNATIVE ACTIONS CONSIDERED The alternative action of not applying for these funds would delay project until alternate funding is available. CONTACT PERSON Scott Ferris, Director, Parks, Recreation, & Waterfront, 981-6700. Attachments: 1: Resolution 2: CAL-OES FORM 130 - DESIGNATION OF APPLICANT'S AGENT RESOLUTION Hazard Mitigation Grant Program and Pre-Disaster Mitigation Program 3: Letter of Local Match Commitment (sample) 4: Letter of Local Maintenance Commitment (sample)
Page 3 of 7 RESOLUTION NO. ##,###-N.S. REVENUE GRANT: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO FEMA FOR FUNDS IN THE AMOUNT NOT TO EXCEED $916,000 FOR THE LIVE OAK COMMUNITY CENTER SEISMIC RETROFIT PROJECT WHEREAS, as the result of the declaration of a major federal disaster for the California Severe Winter Storms, Flooding, Mudslides (DR-4308) on April 1, 2017, the State of California is eligible for Hazard Mitigation Grant Program (HMGP) funding aimed at reducing or eliminating future damages. Grants do not need to be used to mitigate the specific disaster in the region where it occurred; and WHEREAS, certain federal financial assistance is available under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act; and WHEREAS, the HMGP grant requires a minimum of 25% local match funds for the project, and the matching funds must be from a non-federal source and must committed by the authorized agent on agency letterhead at the time of application submittal; and WHEREAS, the FEMA grant in an amount not to exceed $916,000 covers 75% of the total project cost, and requires a 25% City match in an amount not to exceed $305,333, for a total project cost of $1,221,333. On June 27, 2017, the City Council approved the list of projects for phase one of the City s Measure T1 Infrastructure Bond Program (Resolution No. 68,076). Included in the list is $4.9 million for improvements at the Live Oak Community Center, including seismic work. The local City match for the FEMA grant application will come from this T1 allocation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant application for FEMA funds in an amount not to exceed $916,000 for the Live Oak Community Center Seismic Retrofit project; to accept the grant; to execute any resultant revenue agreements and amendments; to provide a Letter of Local Match Commitment; to provide a Letter of Maintenance Commitment; to provide for all matters pertaining to such state disaster assistance the assurances and agreements required; and the City Council authorizes an amount not to exceed $305,333 in Measure T1 funds as local match, and authorizes the implementation of the project and appropriation of the funding for related expenses, subject to securing the grant. BE IT FURTHER RESOLVED THAT this is resolution and is effective for the Live Oak Community Center Seismic Retrofit Project Application under the major federal disaster for the California Severe Winter Storms, Flooding, Mudslides (DR-4308) that was formally declared on April 1, 2017. BE IT FURTHER RESOLVED THAT a record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.
Page 4 of 7 STATE OF CALIFORNIA CALIFORNIA GOVERNOR S OFFICE OF EMERGENCY SERVICES Cal OES ID No: CAL OES 130 Attachment 2 DESIGNATION OF APPLICANT'S AGENT RESOLUTION Hazard Mitigation Grant Program and Pre-Disaster Mitigation Program BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BERKELEY (Governing Body) THAT THE CITY MANAGER, OR (Title of Authorized Agent) THE DEPUTY CITY MANAGER, OR (Title of Authorized Agent) THEIR DESIGNEE (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of Berkeley, a public entity established under the laws of the State of California, this application and to file it with the California Governor s Office of Emergency Service. for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the CITY OF BERKELEY, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the California Governor s Office of Emergency Service for all matters pertaining to such state disaster assistance the assurances and agreements required. Please check the appropriate box below: This is a universal resolution and is effective for all open and futures Disasters/Grants up to three (3) years following the date of approval below. This is a Disaster/Grant specific resolution and is effective for only Disaster/Grant name/number(s) DR-4308 Passed and approved this day of, 20 (Name and Title of Governing Body Representative) CERTIFICATION I,, duly appointed and of (Name) (Title), do hereby certify that the above is a true and correct copy of a Resolution passed and approved by the (Governing Body) on the day of, 20. of the (Signature) Title) Cal OES 130 (Rev.7/13) Page 1
Page 5 of 7 STATE OF CALIFORNIA CALIFORNIA GOVERNORS OFFICE OF EMERGENCY SERVICE CAL OES 130 - INSTRUCTIONS Cal OES Form 130 Instructions A new Designation of Applicant s Agent Resolution is required if the previously submitted document is older than three (3) years from the last date of Board/Council approval. When completing the Cal OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows: Resolution Section: Governing Body: This is the individual or group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, etc. Name of Applicant: This is the official name of the non-profit, agency, city, county or special district that has applied for the grant. Examples include: City of Sacramento; Sacramento County; or Los Angeles Unified School District. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor s Office of Emergency Service regarding grants applied for by the Applicant. There are two ways of completing this section: 1. Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If Titles Only is the chosen method, this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency (e.g.; City Clerk, the Authorized Agent, Secretary to the Director) and does not require the Governing Body s signature. 2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents should be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes. Governing Body Representative: These are the names and titles of the approving board members. Examples include: Chairman of the Board, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. Certification Section: Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval. Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents to eliminate Self Certification. Cal OES 130 (Rev.7/13) Page 2
Page 6 of 7 SAMPLE MATCH COMMITMENT LETTER On Agency letter head. Subapplicant to Cal OES Funding Match Commitment Letter Attachment 3 California Governor s Office of Emergency Services Hazard Mitigation Grants Program Unit 3650 Schriever Avenue Mather, CA 95655 (Date) Dear State Hazard Mitigation Officer, As part of the Hazard Mitigation Grant Program process, a local funding match is required. This letter serves as the City of Berkeley (subapplicant) commitment to meet the matching fund requirements for the Live Oak Community Center Seismic Retrofit and Renovation Construction Project for the Hazard Mitigation Grant Program (HMGP). Name of funding source: Measure T1 Infrastructure bond funds. Funding type:. The local matching fund requirement is $ and available date. If additional federal funds are requested, an additional local match fund commitment letter is required to be submitted. Please contact (name and contact information) if you have any questions. Sincerely, (Name) (Title).
Page 7 of 7 Sample Maintenance Letter Agency Letterhead Attachment 4 Date California Office of Emergency Services Hazard Mitigation Grants Program Unit 3650 Schriever Avenue Mather, CA 95655 RE: City of Berkeley Dear State Hazard Mitigation Officer: This is to confirm that the City of Berkeley (sub-applicant) is committed to perform the necessary maintenance for the entire useful life of this project (# of years) once completed. The City of Berkeley (sub-applicant) is allocated an annual budget which will allow maintenance to occur as needed to ensure the Live Oak Community Center (building/facility) remains in good repair and operational. Entity responsible for the maintenance: Maintenance Task: Maintenance Schedule: Cost of Maintenance: Associated Budget: Please contact (name and contact information) if you have any questions. Sincerely, Name, Title