HomeMy WebLinkAboutItem 6h. Authorization to apply for the Urban Flood Protection Grant Program Item 6h
Department: Public Works
Cost Center: N/A
For Agenda of: 7/20/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Aaron Glauch, Engineer II
SUBJECT: AUTHORIZATION TO APPLY FOR GRANT FUNDING FOR THE URBAN
FLOOD PROTECTION GRANT PROGRAM
RECOMMENDATION
1. Adopt a Resolution entitled, “A Resolution of the City Council of San Luis Obispo,
California approving the application for grant funds for the Urban Flood Protection Grant
Program;” and
2. Authorize the City Manager to finalize grant agreement terms and execute the agreement (if
awarded), including any amendments thereto.
DISCUSSION
Background
San Luis Obispo has experienced historically significant flooding due to the nature of its
watershed. Most recently, in 1995, flooding caused damage throughout the San Luis
Obispo watershed, with creeks breaching their banks and creek bank failures. In
response to the damage, and to protect residents, businesses, and infrastructure, the City
requested permits from regulatory agencies to repair the damage to public facilities. The
Army Corps of Engineers and other regulatory agencies requested the City prepare a
comprehensive Waterway Management Plan (WMP) that could be used as the basis for
future project planning, decision making, and permitting.
The Waterway Management Plan (WMP) preparation was approved by Council in the fall
of 1999. In January 2002, the WMP was presented to Council and direction was received
for various aspects of the program which included flood protection levels, major capital
projects, and design policies. On October 21, 2003, Council adopted the WMP, a three-
volume document which includes components for stream management and maintenance,
a drainage design, and a flood management plan identifying potential flood management
projects.
Mid-Higuera Bypass Project
The Mid-Higuera Bypass Flood Risk Reduction Project (Mid-Higuera Bypass Project) is
the highest priority project identified in the WMP and is located along the stretch of the
San Luis Obispo Creek between Marsh Street and Madonna Road (See Figure 1).
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Item 6h
This project will increase flood protection by removing sediment and creek vegetation
overgrowth, creating pathways for flood waters to return to the creek, creating flood
bypass channels within City open space, widening narrow sections of creek for increased
capacity, and replacing the Bianchi Lane Bridge to widen the creek and increase flow
capacity at that location.
Figure 1: Mid-Higuera Bypass Project Location
Current Project Progress
Since the Zone 9 Advisory Committee approved the Mid-Higuera Bypass project, a
feasibility study, a Final Supplemental Environmental Impact Report (Final SEIR), and
90% level plans and specifications have been completed. The City is coordinating with
County of San Luis Obispo staff on environmental permit applications for project
construction. Additionally, City staff are coordinating with adjacent property owners for
areas where work impacts the creek and are engaging in property appraisals where
construction of the project’s flood control elements would have permanent impacts to
parcels.
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Item 6h
Grant Applications – And Required Authorizing Resolution
Construction funding has not yet been secured for the project and staff have been seeking
State grant opportunities to supplement the project budget. Staff applied for the Urban
Flood Protection Grant Program from the California Natural Resources Agency in April
2020. On February 25, 2021, staff presented a virtual site walk to CNRA staff as part of
being selected to advance to Step 2 of the Urban Flood Protection Grant Program. On
June 9, 2021, staff were informed that the City’s application has proceeded to Step 3 of
the grant program. Staff is currently preparing the requested supplemental documentation
for the CNRA Review Committee. The CNRA requires a signed authorizing resolution
from the applicant’s governing body. The recommended action and execution of the
resolution (Attachment A) satisfies this requirement.
In addition to CNRA grants, staff have applied for the Coastal Watershed Flood Risk
Reduction Grant Program, from the California Department of Water Resources, in
November 2020. The City has been notified of a proposed funding award for that grant
– if awarded, the City is expected to receive notification in Summer 2021.
The project’s anticipated timeframe is as follows:
Task Anticipated Completion Date
Final Design Completed March 2022
Project Award July 2022
Construction September 2022 – November 2023
Previous Council or Advisory Body Action
At the January 21, 2020 meeting, Council authorized staff to pursue State and Federal
for Affordable Housing, Transportation, and Water Quality grant funding. Council action
specifically authorized staff to prepare and submit grant applications for the Mid -Higuera
Bypass project.
As part of the 2021-23 Financial Plan, Council appropriated an additional $100,000 in
County Zone 9 grant funding to continue the final design phase of the project, in
conjunction with prior County Zone 9 Advisory Committee recommendations.
Policy Context
The City’s Financial Management Manual, Section 740, requires Council approval of all
grant applications in excess of $5,000 and delegates receipt and contract execution to
the City Manager if delegation is allowed by the grantor agency. Staff received approval
in accordance with policy at the January 21, 2020 meeting as discussed above.
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Item 6h
Public Engagement
Zone 9 committee members and community members are provided updated reports on
project status at bi-monthly committee meetings and have continued to support the City
and County’s design and environmental permitting efforts, as well as grant program
coordination and application to secure construction funding.
City staff are currently engaging with property owners in the vicinity of the work to inform
them of the project’s overall benefits and to gather input on the project.
CONCURRENCE
The County Flood Control and Water Conservation District Zone 9 Advisory Committee
concurs with this project and recommendation.
ENVIRONMENTAL REVIEW
A Final SEIR was prepared by County staff for the project focusing on the following
mitigations: biological resources, cultural resources, air quality, visual resources,
hazardous materials, drainage/erosion and sedimentation, and noise. On August 21,
2018, San Luis Obispo County Board of Supervisors certified the SEIR. SEIR State
Clearinghouse Number is SCH2016021077.
In accordance with recommendations of the SEIR, County Staff are applying for permits
with the Water Resources Control Board, California Fish and Wildlife, and Army Corp of
Engineers.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
General Fund $0
State: CNRA $6,000,000
Federal:
Fees
Other: Zone 9 $8 $0 $80,429
Total
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Item 6h
The total design fee to date of $512,300 has been 100% funded by previous County Zone
9 allocations and is reimbursed quarterly by the County. Ongoing Zone 9 funding
supports project design, permitting, grant review and application, and design
contingency.
Total future project cost of $9.5M, as outline below, may be funded by a combination of
grant funding, such as the Coastal Watershed Flood Risk Reduction Grant Program or
Urban Flood Protection Grant Program, and future Zone 9 budget appropriations. Zone 9
currently has an unreserved fund balance of approximately $4 million that could support
funding needs in excess of the $6 million grant, and City staff are working with County
staff to coordinate next steps to appropriate supplemental funding to cover the entire
estimated project costs.
Estimated
Costs
Design Phase
Final Design, Planning, and Permitting $387,800
Construction Phase
Construction $6,188,707
Environmental Compliance, Monitoring, and Maintenance $174,000
Construction Management $1,452,100
Post-Construction/Grants Management
Grant Program Management and Reporting $441,000
Contingencies $868,361
Estimated Total Project Cost $9,511,968
CNRA Grant Request $6,000,000
Supplemental/Matching Funds Required:$3,511,968
Mid-Higuera Bypass Flood Risk Reduction Project, Specification No.
90649
ALTERNATIVES
Deny authorization to apply for grant funding. The City Council could choose to deny
the request to apply for the Urban Flood Protection Grant program. This alternative is not
recommended because this grant would provide critical supplemental funding sources for
the completion of the Mid-Higuera Bypass project.
ATTACHMENTS
A – Draft Resolution to apply for CNRA grant funding
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R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO,
CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE URBAN FLOOD PROTECTION GRANT PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided
funds for the Urban Flood Protection Grant program; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of this grant program and establishing necessary
procedures; and
WHEREAS, said procedures established by the California Natural Resources
Agency require a resolution certifying the approval of application(s) by the City of San
Luis Obispo’s (“Applicant”) governing board before submission of said application(s) to
the State; and
WHEREAS, the Applicant, if selected, will enter into an agreement with the State
of California to carry out the project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Approves the filing of an application for the Mid-Higuera Bypass Flood
Risk Reduction Project.
SECTION 2. Certifies that Applicant understands the assurances and certification in
the application.
SECTION 3. Certifies that Applicant or title holder will have sufficient funds to operate
and maintain the project consistent with the land tenure requirements or will secure
the resources to do so.
SECTION 4. Certifies that it will comply with all provisions of Section 1771.5 of the
California Labor Code.
SECTION 5. Certifies that the project will comply with any laws and regulations
including, but not limited to, the California Environmental Quality Act (CEQA), legal
requirements for building codes, health and safety codes, and disabled access
laws and that prior to commencement of construction all applicable permits will
have been obtained.
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Resolution No. _____ (2021 Series) Page 2
R ______
SECTION 6. Certifies that Applicant will work towards the State Planning Priorities
intended to promote equity, strengthen the economy, protect the environment, and
promote public health and safety as included in Government Code Section
65041.1.
SECTION 7. Appoints the City Manager, or designee, as agent to conduct all
negotiations, execute and submit all documents including, but not limited to,
applications, agreements, payment requests and so on, which may be necessary
for the completion of the aforementioned project.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 202 1.
___________________________
Mayor Heidi Harmon
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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