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HomeMy WebLinkAbout09-102.Resolution RESOLUTION AUTHORIZING THE INTERIM CHIEF ADMINISTRATIVE OFFICER TO SIGN A PROVISIONALLY ACCREDITED LEVEE DESIGNATION AND AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO EXTEND THE DEADLINE FOR ACCREDITATION OF LEVEES WITHIN THE CHICO AND MUD CREEKS AND SANDY GULCH, U.S. ARMY CORPS OF ENGINEERS FLOOD CONTROL PRO.IECT WHEREAS, the 21 June 1961, U.S. Army Corps of Engineers, Design Memorandum Number 5 for the Chico and Mud Creeks and Sandy Gulch General Design, pertinent data page v (Attachment A}, defines the Project Design Flood Flows and Flow Frequency of exceedance for the project channels and levees. Said design manual is on file in the Department of Public Works; and, WHEREAS, all the levees within this project, upstream of Highway 32, were designed to provide a minimum of 1 in 100 year level of protection; and, WHEREAS, the U.S. Army Carps of Engineers prepared and approved the plans for construction of their Chico & Mud Creeks & Sandy Gulch Sacramento Avenue to high ground channel improvement and levee construction project, File No. 50-4-3685, which includes these levees; and, WHEREAS, the U.S. Army Corps of Engineers inspected the construction of this project and prepared as built plans for this project (Project} which are on file in the office of the Butte County Public Works Department as File F-615; and, WHEREAS, the State Department of Water Resources (DWR) owns the levees and structures and has easements or ownership of all the Project flood control facilities; and, WHEREAS, the Project Operation and Maintenance Manual was prepared by the U.S. Army Corps of Engineers in May 1965; and, WHEREAS, Project construction was contingent upon a local entity being responsible for the Operation and Maintenance of constructed the Project levees and structures; and, WHEREAS, County Service Area (CSA) 24 was formed on City and County properties on December 28, 1965 by County Resolution Number 65-135 {Attachment B) to fund Operation, Maintenance, repair and upkeep of drainage and flood facilities; and, WHEREAS, the Department of Public Works has been maintaining the Project levees and drainage structures in conformance with said U.S. Army Corps of Engineers Operation acrd Maintenance Manual; and. Page 1 of 3 WHEREAS, the State Department of Water Resources {DWR), inspects the County maintenance of these Project levees and structures in the spring and fall of each year; and, WHEREAS, The County files additional inspection reports with DWR in the summer and winter of each year; and WHEREAS, the DWR overall maintenance rating for these Project levees and structures has always been the highest rating {currently "Acceptable"); and, WHEREAS, DWR is responsible for channel maintenance within the Project; and, WHEREAS, the Provisionally Accredited Levee (PAL) Agreement signed by the City of Chico includes the following levee segments, according to the FEMA levee identification system: 1307, 1308, 1306, 1300, 1072, 1318, 1244, 1278, 1304, 1167, 1173, 1164, 1243, 1161, 12.77, 1160, 1034, 1316 & 1297; and, WHEREAS, DWR has determined the left bank levees of Sycamore Creek should be analyzed with an Urban Level of Effort, and has take the responsibility for coring and analysis of this portion of the levee system; and, WHEREAS, DWR has determined that all of the remaining levees are Non-urban levees, significantly lower on DWR's priority list for review, requiring a demonstration that the levee provides protection to at least 1,OOD people to be eligible for coring and testing by DWR; and, WHEREAS, As noted in the FEMA 1998 Flood Insurance Study {FIS}, Schaaf and Wheeler, Consulting Civil Engineers, under FEMA contract No. EMW-92-C-4071, prepared the hydrologic and hydraulic analyses for the study of Big Chico Creek, Lindo Channel, Mud Creek, Sycamore Creek, and the Mud Creek Diversion Channel and determined adequate levee freeboard exists for alI the studied levees, except a 100 foot portion of the right bank levee downstream of Cohasset road; and, WHEREAS, DWR has a sediment removal project, scheduled for this summer, that will also fix the above referenced 100 foot section of the right bank levee; and, WHEREAS, the FEMA 1998 F1S states "the Sacramento District Corps of Engineers surveyed project levee crown elevations and found that the levees are currently at or near design grade. The Corps certifies that the levees are well maintained, do not have any known stability or foundation problems, and, with the exception of Sycamore Creek upstream from Sheep Hollow Creek, the project will pass design flaws within the design water surface profile provided that adequate maintenance continues"; and, WHEREAS, it is important to not unduly burden property owners with flood insurance when there is insufficient information to demonstrate a risk offloading; and WHEREAS, the Board of Supervisors would like the same opportunity to review the levee system as that being requested by the City of Chico; and, WHEREAS, there are additional areas within the unincorporated area of Butte County that are protected by these same Project levees; and, Page 2 of 3 WHEREAS, Butte County is solely entering into the PAL agreement to gather facts about the condition of the levees. WHEREAS, Butte Caunty is not committing to performing any work on the levees. WHEREAS, As the owner of the levees, DWR will be notified by Butte County of any problems with the levees that are discovered during the term of the PAL agreement. WHEREAS, Butte County will nat take part in any decision as to what repairs may or may not need to be performed on the levees. WHEREAS, the following levees are identified as lying partially or totally within the unincorporated areas surrounding the City of Chico: 1244, 1275, 1173, 1164, 1243, 1164, 1034, 1316 & 1297 and thereby eligible for a County PAL Agreement; and, NOW, THEREFORE, BE TT RESOLVED, by the County of Butte Board of Supervisors that the County enter into a Provisionally Accredited Levee Designation and Agreement with the Federal Emergency Management Agency to extend the deadline for providing documentation on those certain Ievees constructed by the Corps of Engineers in its project entitled, "Chico & Mud Creek & Sandy Gulch Flood Control Project", for levees currently designated by FEMA as numbers 1244, 1256, 1278, 1173, 1164, 1243, 1160, 1034, 1316 & 1297, in a manner sufficient to comply with the requirements set forth in 44 CFR 65,10 and to authorize Gregory G. Iturria, Interim Chief Administrative Officer to sign said agreement. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this pct cn day of , 2009 by the fallowing vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly NOES: None ABSENT: None NOT VOTING: None ~tJC~ Bill Connelly, Chair, Butt ounty Board of Supervisors ATTEST: Gregory G. Iturria Interim Chief Adm~ ~strative Officer and Clerk~he oaf of,Subervisar By: Page 3 of 3