DATE: April 11, 2023
SUBJECT:
Title
RESOLUTION AUTHORIZING THE DISTRICT’S HAZARD MITIGATION PLAN IN ACCORDANCE WITH BOARD OF PORT COMMISSIONERS POLICY NO. 777, EMERGENCY MANAGEMENT AND IS AN ANNEX WITHIN THE COUNTY OF SAN DIEGO’S HAZARD MITIGATION PLAN
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EXECUTIVE SUMMARY:
The District as a form of local government is eligible for a Hazard Mitigation Grant Program (HMGP) funding, if the District has an approved Hazard Mitigation Plan. A Hazard Mitigation Plan identifies vulnerabilities within the District, which if addressed reduces the impact to the District in the event of an emergency. A Hazard Mitigation Plan can be a District specific plan or it can be a component of a Multi-Jurisdictional Hazard Mitigation Plan. Over the past three years, the District developed its first ever Hazard Mitigation Plan as part of the San Diego County Multi-Jurisdictional Hazard Mitigation Plan update.
The District Annex to the San Diego County Multi-Jurisdictional Hazard Mitigation Plan is presented for adoption by the Board Port of Commissioner as required by the Code of Federal Regulations.
RECOMMENDATION:
Recommendation
Adopt a resolution authorizing the District’s Hazard Mitigation Plan in Accordance with Board of Port Commissioners Policy No. 777, Emergency Management and is an annex within The County of San Diego’s Hazard Mitigation Plan.
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FISCAL IMPACT:
The proposed action has no fiscal impact.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
A Hazard Mitigation Plan identifies risks within a jurisdiction resulting from emergencies and the impacts they may have to the jurisdiction if that risk is not addressed. Risks are specific to each jurisdiction, and dependent upon a variety of factors such as location, the age of infrastructure, etc. The plan also identifies the mitigation effort recommended to minimize the impact to the jurisdiction. The Hazard Mitigation Plan is a pre-emptive plan to reduce risks before an emergency occurs. An example of a risk and mitigation is the seismic retrofitting of the Port Administration Building or adding ballistic protection to Harbor Police Facilities.
The Federal Emergency Management Agency approval of the Hazard Mitigation Plan is required for local governments prior to requesting non-emergency grant funding for projects (Attachment B).
The District has never developed a Hazard Mitigation Plan. A Hazard Mitigation Plan can be a District specific plan or it can be a component of a Multi-Jurisdictional Hazard Mitigation Plan. Over the past three years, the District developed its first ever Hazard Mitigation Plan (Attachment A) as an annex to the San Diego County Multi-Jurisdictional Hazard Mitigation Plan update. This approved plan is a requirement for future Hazard Mitigation Grant Program (HMGP) funding and the first step to address hazards to the District.
In the future, projects from this plan or others which may be discovered will be identified by staff and HMGP funding will be one source of budget. FEMA expects the District will seek multiple methods to fund appropriate mitigation project and not rely upon HSGP funds.
Hazard Mitigation Plans must be reviewed annually by the District. Plans must be updated every five years. Updated plans must be reviewed and approved by FEMA.
General Counsel’s Comments:
The Office of the General Counsel has reviewed and approved this agenda and proposed resolution, as presented, as to form and legality.
Environmental Review:
The proposed Board action, including without limitation, authorizing the District’s Hazard Mitigation Plan in accordance with Board of Port Commissioners Policy No. 777, Emergency Management and is an annex within the County of San Diego’s Hazard Mitigation Plan, does not constitute a project under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. CEQA requires that the District adequately assess the environmental impacts of projects and reasonably foreseeable activities that may result from projects prior to the approval of the same. Any project developed as a result of the proposed Board action requiring the District or the Board’s discretionary approval resulting in a physical change to the environment would be analyzed in accordance with CEQA prior to such approval. CEQA review may result in the District, in its sole and absolute discretion, requiring implementation of mitigation measures, adopting an alternative, including without limitation, a “no project alternative” or adopting a Statement of Overriding Consideration, if required. The exercise of this discretion is in no way limited by this proposed Board action. Therefore, no further CEQA review is required.
The proposed Board action complies with Sections 21 and 35 of the Port Act, which allow the Board to pass resolutions; and to do all acts necessary and convenient for the exercise of its powers. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
The proposed Board action does not allow for development, as defined in Section 30106 of the California Coastal Act, or new development, pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations because there will not be, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a Coastal Development Permit or exclusion is not required. However, development within the District requires processing under the District’s CDP Regulations. Future development would remain subject to its own independent review pursuant to the District’s certified CDP Regulations, Port Master Plan (PMP), and Chapters 3 and 8 of the Coastal Act. The exercise of the District’s discretion under the District’s CDP Regulations is in no way limited by the proposed Board action.
Diversity, Equity, and Inclusion Program:
This agenda sheet has no direct DEI impact on District workforce and contract reporting at this time.
PREPARED BY:
David Foster
Homeland Security Program Manager
Harbor Police
Attachment(s):
Attachment A: 2023 MJHMP Annex POSD Final 3-21-2023
Attachment B: 44 CFR Part 201 (up to date as 3-17-2023)