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HomeMy WebLinkAbout0346.000• \ 15 June 7. 1990 THE HONORABLE CITY COUNCIL Palo Alto. Calitornia flood Hazar4 Regulations SUMary and RecQmmendations Members of the council: Over the past six: months" oS number of issues bave-arisen concerning the Federal Emerqency Xa.nagement Agency 1FEMA) and the National Flood Insurance ProqraD~ This report summarizes past and current activities on ~lood-related issues and makes recommendations regarding fl.ltur-e actions. Background Following is a summary of staff's Involvement with Council on FEMA issues. On January 22, 1990, Cou·neil received an informational report describing: the City's flood hazard regulations and their impact on building construction In Palo Alto (O!R: 124: 0) .. Cn February 1.2. 1990, council received a flood hazard regulation status report which provided additional information and clarification in response to questions received :from the public {CHR.: 162 :0).. At that Ileeting, Council directed star.! to: (1) ~or~ with FEMA to set up a homeowner's ~orkshop on understanding special flood hazard area regulatIons; (2) work with EEMA and congressman CampbE~l and Senators Cranston and Wilson to revise the regulation regarding the 50 pe~cent rule and to redefine the types of flood zones; and P) report on the cost and benefits of a hydroloqical study.. Cou·ncil receivea an infoncational status report (CMR.:19B:O) on March 12 .. 1990,. 'Which was followed by two study sessions.. The first study session .. held April 26" 1990" focused on freshwater fl.ooding and improvements to M3ta.dero .. Adobe,. Barron and: San Francisquite> Creeks.. The seccnd study session, held Hay 7, 1990 .. related to saltwater flooding and improvements to the outboar~ levee system. en May 14.. 1990, council received supplamental information on special flood hazard a~ea certificates which was raised as an issue during the May 1 .. 1990 study sessi~n (CMR:299: 0). ActionS and Issyes In response to Council direction and citi~en feeQback, the following is a summary of administrative# legal# legislative and physical issues regarding the FEMA/flood regulations matter. Past actions .. if any .. are listed aLong 'With the current activity en -1- , , . , .. "' ~.:~:& ,~ . . •• . , j i 1 • o o these issues. 1..150, a staff recommendation is made to Council, where approprIate. AdministratIye -Past Astiops December 1989 February 1990 February 21 ~ 1990 February 26, 1990 March 21, 1990 CM]O:346:0 st~ff received ,.,·ritten quic!ellnes from FEMA which clearly indicate that economic hardship Is not a valid reason Cor qranting a variance. Previously, staff interpreted the regulatl~s to allow variances based on financial considerations. Over 150 consultants and contractors ~ho do business in Palo Alto were sent letters reminding them of FEMA. requirements. The handout ... -Requirements tor Construction in a special Flood Hazard Area~· and a question and answer sheet bi9hllghting FEMA" requirements, were made available to the public at the plan check counters in the Public Works and Planninq Depart~ents. Staff attended a panel discussion conc:erninq FEMA. regulations, which 'Was hosted by t.l1Q Palo Alto Board of Realtors e Staff and repr-ese!'tatives from the Santa Clara Valley Water District (District} and the Anny Corps of Engineers (Corps) responded to questions from the public. In response to public concern,. staff established $120/square foct as a -rule of thumb-for the market value of property in determining ·substantial improvements· under FEMA's SO percent rule. Thirty-five of over 2~O building permit applications backloqqed in the Inspection Services Division yere originally found to be in non-compliance with FEKA requlations. As a result of the $120/square -toot market valuation,. this number ~as reduced to six. Statf conducted a bomeovner 1 s workshop at David Starr Jordan Middle School on special flood hazard area resulations. Staff and representatives from FEMA, the District,. and Corps made presentations and responded to citizen questions. -2- • , i , • , ,- < , .< ...•.. f·· --' lint r " , '\ <, , ....- April 1990 The first edition of -FloodW'atch .. • created to provide the community with current, accllrate infol'1l'lation about developments in flood control.. was published in a -City Scape insert,· Which was distributed with the ·Palo Alto Weekly. II April II. 1990 Staff attended a FEMA yorkshop in Petaluma to obtain information regarding the community Rating System (CRS} Program.. The CRS program is discussed later In this report. April ~O. 1990 A community assistance visit was conducted by FEMA representatives ~bo audited the City's ~anaqement of the National Flood Insurance program .. Results of the audit are expected this summer. April 28, 1990 EEMA requlation info~atfon was distributed to the public and m~n~­ workshops were giv~n by staff at a Palo Alto Real Estate fair. May U90 The storm Dr-ainaqe Enterprise Fund was designated as the focal point for ForA. flood issues .. June 1990 The second edition of -Floodwatch-was published with -city Scape,· which is distributed with the ·Palo Alto Weekly.- Administratiye -CUrrent Actiyity 1. Pre-qual i fication Form. A new fOnl.. which will be available next month, is being developed to enable homeowners in special flood hazard areas to pre-qualify their houses to future buyers. Based on survey infonnatlon provided by the homeowner that verifies compliance with FEMA requlations ... the fOrll would ensure that any future substantial remodeling could be performed without having to raise the existing floor or house. The information would need to be certified by a surveyor as being accurate. Staff does not recotmnend. t.hat the City assume responsibility for providing this information .. as surveying the ' .. OPO properties in speCial flood bazard areas is too massive a project for in-bouse staff. Costs are estimated to ranqe from $600,,0'0'0 to $81)0,00.0 if dor.e by outside contract. -3- CMR:346:0 L " ~ , , • t ~ '>, iI!,' ',:>6; l -i" i ! l , ~ r • ! ,' . . ' r: ;, , • l , ' , k. '. i J'.,'., '~,,':I _:: :-t~·! I .' l :1 J , ~ ~ . , 2. 3. , o o .2.alJalnaxy S\lXYCy IDfonation. staff ~ill assist homeowners Who are contemplating making substantial improvements to their bomes in special flood hazard areas by p~oviding eppro~imate elevations in the public right­ of-way. This information will give homeowners an idea as to the extent. if any, that the floor or bouse needs to be. ra.ised to .. eet FEMA re.q\Jirements,. The bomeowne_:f" ~hen can dec1de wnether t.o proceed with the improvements 'Without incurring the. expense of a surveyor. In the event the homeowner undertaJces a remodeling project .. he/she would need tD provide the city with exact elevation data obtained by a surveyor or engineer to certify co~pliance with rEMA regulations. very often, this can be obtained from the designer who prepares the remodeling plans. The City CAn assist by referring the designer or surveyor to existing City survey bench marks. Edueatlon/out"lIch. The Storm Drainage Enterprise Fund will be the focal point for all futUre public awareness programs and will continue to educate and inform the public on FEHA issues.. An inforlllation video tape explaining the FEMA flood program Is beinq developed by staff and -Fioodwateb-will continue to be published on a quarterly basis. Staff is in the process of organizing a workshoP for surveyors" civil engineers and other intereste~ parties in July. The workshop will cover the survey information required for verifying compliance 'With FEMA floed regulations (pre-qualification form) and for removing a property froll the flood map (Letter of Map AlIIendment). Favorable InterpretatIon Of fEMA xaoulatious.. Staff is continuing to meet with representatives of FEMA in an effort to Identify FEKA regulations whIch can be interpreted mor-e favorably for homeowners in special flood hazard areas. Recent examples include second story additions and 9arages~ Under certain circumstances, via a variance, a homeowner vill be able to construct a second story addition without having to raise the existing house above the flood plain, even if the addition is considered a SUbstantial impr-ovement~ under certain circumstances, via a variance" a qarage or storage area can be built below the flood plain level~ Staff also will assist homeowners by providing advice on ~akiD9 modest remodeling changes that could avoid enacting the FEMA 50 percent rule. AdministrAtiye -Pending Issues 1. o:;elf-Insuraoce. Staff has looked into the option of providing self-insurance and 'WithdraWing from the National Flood Insurance Program. Congr-ess adopted the -4- CKR: 346:0 • I I f , ( , , , "~I I I . ' .', :"" . , Cl!R:346:0 - . .. • Flood Disaster Protection Act of 1913 requiring the purchase of flood insurance as a condition for receiving any torm of federal or federal-related tinancial assistance wIthin an ident.ified special flood hazard area~ The Act also requires that no such federal financial assistance be provided within a special flood bazard area unless the community i5 participating in the program. All federally assisted loans secured by property in special flood bazard areas Blust be protected by flood insurance., which is also required by most lenders. Without federal underwritinq, insurance companies will not provide flood insurance coverage and due to the magnitude of the risk, underwriting for self­ insurance is not possible.. Withdrawing from FEMA would effectIvely elim.inate all financing for building construction and remodelinq or resale of property in special flood hazard areas. Not only would flood insurance be affected by withdrawal from the National Flood Insurance Program, but other federal aid within the flood plain, such as Community Development Block Grant funds and loans from the Federal Housing Administration, the Veteran's Administration end t.be Small Business Administration 'Would be cut off. Also ... other federal disaster assistance for reconstruction of damage~ buildings would not be available in special flood hazard areas. The loss of fede.ral funds could severely hurt the local community. For these reasons, staff does not recoamend that t.he City 'Withdraw from the. National Flood Insurance Program and self-insure. Community Bat.ing System program. To reduce flood insurance premiums, FEMA is implementinq a community Rating System (CRS) Program. Insurance premiums for citizens would be lowered based on the City's involvement in up to 18 community activit.ies organized under-four cateqaries (public information: mapping and regulations: flood damage reduction; and flood preparedness). A credit voula be 9i~en for each ~ctivity dependinq upon how veIl it is performed and documented~ Some of the 18 activities are already being: performed by staff and would receiVe credit immediately .. if documented properly. It is recommended that council have staff evaluate the costs and benefits of joining the CRS Proqram. staff would review-the. list of oomniunity activities, and return to Council vith a pr~sal tor City involvement in the Program. Some activities may not be cost effective due to the level of city effort versus credit received. Also, temporary or contract assistance will be required to administer this new program so as not to adversely affect other storm Drainage Enterprise Fund activities, such as the expanded Capital Improvement Program. -5' , ., -.-. • :"., .. ~ ., f' "- , I 1 1 j • -:0- -.:;-.~ . ~-:-1~~. o o Legal -fending ISBues CMR:346:0 HydrOlogic study.. council requested that staff look into the possibility of challenging the hy~rologic study used as iii basi. for FEMA flood maps in order to reduce or ell.1nate the 10~-year special flood hazard area boundaries in palo Alto. This would require performi~~ a hy:!rologlc study of the entire SOuth Bay Area. It should be noted that San Francisco Bay, and its shoreline bave been the subject of numerous studies which confirm the tact that there Is a siqnificant threat of flood damage in Palo Alto due to high tides. A FEMA stUdy performed in 1978 and update~ in 1987 was used to establish the flood zone maps. The study, per~oraed by George Nolte and AssocIates and updatea by OKA Consulting Engineers" Inc." uses extensive tidal -data provided by the Corps to establish saltwater flood elevations~ The study examined exIsting and preQicted sea level changes and their. effects on ann·ual maximum tides measured in San Francisco Bay, taking into account aite-specific wind conditions. The COrps study on the San Franci&co Bay Shoreline co~pleted this ye~r confirms tIdal ~ata contained in the FEHA st~y. It should be noted that both FEMA and the Corps use the same tidal hydrologIcal data to create their flood zone maps~ The reason the FEMA maps shol.' oS larqer floodplain is d·ue not to hydroloqic data, but to differing policies concerning the levee system. The Corps' ·San Francisco Bay Shoreline Study Public Notice-states" -the economic and environmental principals and guidelines for water and related la.nd resources implementatIon studies require that the formulation and evaluation o~ alternative plans be based on the most likely condition-(emphasis a~ed). The corps' policy Is to lIap the flood plains according to the most likely condition" which is overtopping of the levee system~ FEMA's policy. on the other hand, is to Ilap the flood plain under the worst case conditiO-D~ FEMA assumes that a levee system is substandard and subject to complete failure if it has less than two feet of freeboard and is not engineered or maintainetl by a public agency. FEMA takes this more conservative approach in order to minimize the insurance liability inherent with their responsibility to protect against threats to the health and safety of people and property during-a flOOd .. Challenging the hydrology of the SOuth Bay ... ould be extremely costly and ~ould not address the fundamental difference between the Corps and FEMA, which involves policy, not enqineerlnq. Foster City decided to perform an hydrology study challenging the FO!A flood maps in its -6- ~ ---------.. -. .... -- . ' . , \ \ \ \ \ I .. \ , .> .' • .- '.,' ' .. _.~'.'iii'.';'~ .. "-... '.:. .~"~i4 '~'< --' -1> -. ,", . " , \ " , • :;:-;&t~~F:: -__ -'.-" .,:,-y,--..;.......,.~~ ....... ~=~_~~ __ <_~.~~~.~~_~._,. __ ""-.,~""""''' .. ,,~!I'·wt:1'ii!'.l2!'!Mt!l:, a. L .-... 8 o jurisdiction because the maps did not take into account an existing protective levee system. Foster Ci~y spent over $200,000 on the st.udy. 'Which concluded. that the existill9 levee was adequate based on its past performance In storms over the last >century and based. on such factors as expected wind Intensities and tidal actions in their ar~a. FEMA still would not recognize the existence of their levee system, which FEMA considered. too low ... having a freeboard less than the nationally applied minimum criteria of two teet. FEMA 414 indicate acceptance of the levees if they were certified by the Corps as being qeotechnically sound. Foster City looked into this option 'With the Corps and fou·nd that the geotechnical study alone would cost nearly $400,000" vith rIO quarantee of certification. In fact... the results of the study could lead the Corps to requIre e~tensive levee improvements before certification vas possible. Due to this" Foster City has decided to i~prove and raise its levees to meet FEMA requirements. Based on the Foster City experience... staff believes that a hydrologic challertge should not be pursued. Furthermore, reeoqnizinq that Palo Alto's southern levee located adjacent to the flood basin is an engineered levee .. staff does not recommend pursuing Its certification due to the cost of the study and Possible resulting improvements. Topographic Study. Staff looked Into the possibility of cballenging the topographic studies used as a basis for :rEMA flOOd maps in order to reduce or eliDInate the 100- year special flood hazard area boundaries. Elevation information liould have to be obtained for approximately one-third of the city and is estimated t.o cost from $600,,000 to $800,000. A topographIc challenge, like the hydrologic challenge" liould most probably confirm existing data and result In very few changes. In fact, in areas where pumping of groundwater has caused the land to subside sInce FEMA's maps were established.. a topographIc challenge may actually result in increasing the special flood hazard area boundaries. Staff recommends against this action as the costjbenefit ratIo of a topographic challenge is very low and may actually increase the speCial flood hazard area.. It should be noted that any challenge to the F~A program Would ultimately bave to be approved and accepted by FEMA it.self~ <"tlrrently. tber-e is no other administrative authority to apply for eKemptions or a relaxation In FEMA requlations, othlll?!r than by the authority of congress. For thIs reason... staff believes that the legislative option is more viable. -7- ~ r I. f r I " ,- o o ~slatiy@ -10Ft Actions February 1990 council Members and Conqressman Washinqton to requlo!ltions~ lIIet with FEMA administrators Tom Campbell during a trip to discuss FEMA rules and March 8, 1990 A letter vas Bent to the administrator of the National Flood Insurance Program requesting re-lief from federal requirements.. including increasing the 50 percent t.hreshold for a substantial improvement to 7S percent.. and excluding interior remodeling/second story additions from t.he definition of a substantial improvement.. Staff bas not yet received a response to this letter. Legislativfl -CUrrent Actiyity 1.. pIfference in rEMA/corps Policleg~ The City Manager's office is preparing a letter to FEMA and Congressman ,~ll asltinq that FEMA adopt the Corps' policy for "J!;appinq the lCO-year special flood hazard area . boundaries. As the Corps recoqnizes the existence of a 2. City levee system, the flood. map boundaries would be substantially reduced. LegislatiYe Lobbyist. The City Manager's office is exploring the possibility of hirinq a lobbyist to represent the City in Washington, D.C~ on future legislative chanqes to FEMA regulations. Legislative -Pending lssuc The Santa Clara Valley Water DistrIct (District) has recently received a letter froD the Corps wbich confirms the Corps 1 positi~n on federal financing of improvements to the City 's levee systeD. The Corps 15 recommending to congress that a levee improvement project not bE federally fu~ed due to a lov costfbenefit. zati.o~ Representatives .from the District (along with other affected South Bay cIties) have requested the City's sUPPQrt In seeking a reversal of t.his position. Council has indicated significant concerns about the environmental effects of improving the levee system~ For this reason .. staff requests q'..lidance froD Council as to whether the City should join with the District in opposing the Corps' recommendation. If Council wishes to support pursuing federal funding, staff would meet with representatives of the District to formulate an opposition strateqy.. This would include seeki1l9 a more favorable Interpretation of the Corps' costjbenefit ratio so -B- CMR: 346:0 ... ' • , , , !, " ., , ... :.'::-.... , '';''''<'''''~~-''.''''':.: '~ . ,'''" !-~~.; '.'. ,:.:\.':~.: ~'" ,~' . . :!:~~'."--'-'-'-"" ,,",'., ~ ,,' ,'- as to make the levee project economically justifia~le. Statf also 'Would ensure that any federally fUnQed levE'e project 'Would Beet FEKA criteria. In the absence of such approval~ it is unlikely that sUfficient funding 'Would be available from the City and the District to pursue future levee imprcvements (estImated t-:> cost more t.han $S~ 0'0,0" 0<1<1) .. Physical improvazents to the levee system are discussed in more detail in the followinq section. Physical -Pending Jssu£s 1. freshwater flooding. since 1985" the District has been making improvements on Matadero. Barron and Adobe Creeks. These projects have already been revie'Wed by FEMA and have received a conditional Letter of Hap Revision. When construction 15 completed in 1994, FEMA ~ill revise its ~aps to eliminate the special flood hazard areas in the vicinity of the creeks. Map revisions typically take approximately one--snd-one-balf years. Properties in these areas 'Would t.hen be removed frOom FEMA flood insurance requirements. Special flood hazard areas subject to flooding from San Francisquito creek will remain under FEMA requirements until ~n improvement program~ agreeable ~o the city cf Palo Alto, the City of Menlo Park~ the county of San )fateo and the santa Cl~ra valley Water District, is completed. If requested and supported by Council, the District would give such a study and subsequent project the hiqhest priority in the District's Northwest Flood Control Zone d'ue to the Creek's damage potential of $10'0 million. The District would conduct a detailed investiqation of San Franclsquito Creek and present all possible alternative solutions. This ~ould take approximately two-and-one-balf years and cost up to $.l~o<)O.OO'o-with District funding.. As an alternate" the Oistrict may be able to approach the Corps on performing a reconnaissance study 91ving a cursory review of its 1969 study. It would take approximately one y8ar~ cost less and be funded by the Corps. There are a finite number of basic improvement Qp,tie>ns available to red,uce or elIminate t.he lOO-year specIal flood hazard areas caused by San Francisqult.o Creek flooding. Tbese have been identified in previous studies of San Francisquito Creek and include diverting the flood water from the Creek, constructing upstream retention or detention basins for containing the flood water" and constructing flood walls/raising bridqe crossings along the Creek to accommodate the flood ~ater.. There are m.any variations on these basic opt.ions. Diversion of the creek flood waters, for €xample, has been recommended in -9- C)!R:l46:0 •• .' ~ . • ~ • ~:' • ! t I I , t , , , , 'r ;:~ , ? ~ .- h, " , ~ : , , :b r" C F7'"'1'-- , . , . o o the. pa.st. using a large conduit system throuqh Menlo. Parks and upstream retention or detentiGn of the flood water has been recommended at the Ladera site investiqatecS by the Corps. Also, these basic options can be utilized in combination. Alternate .oluti~s bave been recommended for San Francisqulto Creek in the past. However, due to local environmental concerns and the expressed feelinqs of the surrounding communitIes who perceive little flood danger from the Creek ... no neW' flood protection studies have been made since 1972. The re fore I it Is recommended that Council provide quldance to staff on whether to request that the District pursue a study of improvement options for San Franclsquito creek. If Council wishes to support a study, .taft would meet with the District and Corps to identify the best approach and return to Council for its approval~ 2. Saltwater flooding. Staff has looked into the physical options available to reduce or eli.minate the l.OO-year of :0 .apecial flood bazard areas in Palo Al to created by salt .... ater flooding. The SaOl Fr~ncisco Bay Shoreline study recently completed by the Corps indicates that the existing levee system needs to be raised to 11~5 feet above sea level to ~eet FEMA criteria. FEKA requires that a J foot. freeboard and a 6-inch wave run-up factor (at locations exposed to tidal action) be added to the base flood elevation of 8.0 feet. The project is estimated to cost up to $5 .illion. Total cost including any land purchase a:\d mitigation could approach $15 million.. Based on past experience 'With other environmentally sensit.ive projects, the levee improvements could take several decades to complete. If the corps does not proceed with such a project due to a low costjbenefit ratio" improvements to the levees would be left to the City and ~he District. In order to proceed on a joint project with the District, a funding agreement, feasibility study. environmental impact report and desic;n would be required. As Council has voiced significant concerns aboUt the environmental effects of levee improvements in the past, staff requests council quidance on whether the City should pursue such a project. If Council 'Wishes to proceed" staff ~ould meet with the Oistrict to prolnOte a Corps project as indicated In the legislatIve section of this report. The project would Involve improving the entire levee system in order to meet F£MA. criteria. Failing that, staff would discuss a joint project with the DistrIct and return to Council tor its endorsement.. The joint project would include examining possible alternate construction methods for -10- CMR:H6:0 • , ,," ~lf '1 'I • ! , • summa.ry o improving the e¥iating levee system, as well as constructIng III ne'~ levee in locations which reduce environmehtal impacts.. The joint project also coul.:S look at the viability of other opttons~ including using the free~ay BOUnd walls or medians as flood barriers. Staff will continue to meet with local representatives of FEMA to identify flood requlat!ons which can be interpreted more favorably for bomeowners in special flood hazard areas; look into the possibility of hiring III lobbyist to represent the City in Wasbington, D .. C .. and work with Congressman Campbell on legislative changes to FDlA pollcie.s and requlatio-ns; assist homeowners in special flood hazard areas by providing appro¥imate elevations in the public riqbt of way and pre-qualification torms: and educate and inform th~ public on all FEKA issues through workshops, video tapes and the -Flood'Watch.- It is recommended that staff evaluate the community Rating system Program and report back .to Council on the degree of City -. involvement based on costs 'and benefits. Staff asks for Council -quidance on pursuinq a study of improvement options for San Francisquito Creek. A)so, Council quidance is requested on salt water flooding Issues Including improvement of the existing levee system and evaluatIon of alternate levee locations and protectIve ~easures~ such as using existIng freeway sound walls or medians as flood barriers. Staft recommends against self-insurance and withdrawing from the National Flood Insurance Program. since underwritIng for self­ insurance is not possible, and withdrawing from FEMA would effectively eliainate all financing for building construction, remodeling and federal disaster assistance in special flood hazard sreas. Staff recommends against pursuing hydrologic or topogra~ic challenges to FEMA studies due to the expense and low probability of Success based on Foster City's recent experience. A certification study of the southern levee also is not recommended because of the hIgh cost and possibility of discoverinq deficiencies Which require extensive repairs. Re£2Prnendatfong It is recommended that Council: 1. Direct staff to evaluate the Community Rating System Program and report back on a proposal for City involvement based on the costs and benefits involved. 2. Provide guidance to staff on the following issues: -11- CMR:346:0 , \ \ , \ " , , . • .--' .-. " l" .c" "\-" '6io' ~~( • ,.\ B. . ' . '. o 0 wh*ther to request the santa Clara Valley water to pur.ua a study of improvement optlor.s Franclsqul~o Creek~ District for San b. wether to join with tbe Santa Clara Valley Water District In opposing the Army Corps of Engineers· position on Cederal financing of improvements to the Palo Alto levee .. ystea and t.o pursue a Corps project that meets FEKA crIteria. c. whether to pursue a leve6 Improv.m~nt project including alternate construction methods and levee locations with the santa Clara Valley Water District in the absence oE a Corps project that meets FEMA ~riteria. Respectfully submitted, -~~~ Assistant Director of Pub11c Works DAVID G. ADAMS Director of Public Works w~ ci~r'":naqer oc: Janet K. Dolan, Menlo Park City Manager O.S. Army Corps ot Engineers Federal Emergency Management Agency Santa Clara Valley Water District County of San Mateo -12- CHR:3C6:0 ----;= --L-· -- ,. , ~ .~~ • , I , . I , .' i