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Home My WebLink About4-1-11 sutter butte floodSutter Butte Flood Control Agency A Partnership for Flood Safety March 30, 2011 Steve Lambert County Counsel County Board of Supervisors 25 County Center Drive, Suite 210 Oroville, CA 95966 Re: Approval of Flood Risk Resolution Dear Supervisor Lambert: ~o ~OF$Up~R~J o '~pR: ~ ~, 20 SORB '~LIFpRN~ As a member agency of the Sutter Butte Flood Control Agency (SBFCA), I wanted to alert you to the requirement that your agency approve a Flood Risk Resolution in support of SBFCA's application for State finding for its Feather River West Levee Rehabilitation Project (FRWLRP). This is a requirement for State funding. As you are awaze, SBFCA is seeking to implement an Early Implementation Project (EIP} which will rehabilitate, restore, and as necessary improve approximately 44 miles of the west levee of the Feather River from the confluence of the Feather River and the Sutter Bypass to the Thermalito Afterbay, through Sutter and Butte counties (the FRWLRP). The goal of the project is to rehabilitate sections of the levee so that these sections can be certified as meeting FEMA standards far providing protection against the 100-year flood event and also meet the new State standard of 200-year flood protection for urban areas. SBFCA has requested State funding assistance from the Department~of ViTater Resources (DWR) through the EIl' in accordance with the appropriate provisions of Proposition lE, Article 4, Subsection 5096.821(b). As required by the statute, DWR has developed guidelines that govern the process by which a local agency can receive funding under the EIP. The guidelines specify the documentation that is required for local agencies to meet the program's funding eligibility requirements. One of the guideline requirements is for the funding recipient to adopt a flood risk resolution acknowledging the current risk of flooding within the Community. The resolution essentially states that the applicant acknowledges that the levee in question no longer provides a 100-yeaz level of protection, and that the applicant intends to implement a project to improve the levee to achieve a 200-year level of protection for the urban azea. The deadline for approval of this resolution is the date of execution of the design funding agreement, which is anticipated to occur in 3une 2011. 1227 Bridg reef, Suite C, Yuba City, CA 95941 ~ -Web: www.SutterButteFlood.org C'~ In addition, DWR requires that all land use authorities within the applicants' service area {i.e., SBFCA's member agencies} also approve a Flood Risk Resolution. The SBFCA staff stands ready to work with each member agency to ensure that they properly approve such resolutions in the required fornnat and in a timely manner. In this regard, at their regular meeting on March 9, 2001 the SBFCA Board of Directors approved a Flood Risk Resolution and directed the staff to work with each SBFCA member agency on their individual resolutions. It is important to understand that DWR must approve each resolution prior to approval by the member agency. Because SBFCA intends to execute the funding agreement with DWR in June 2011, we request that each member agency work with the SBFCA staff to develop and approve its own Flood Risk Resolution prior to June. For your information and reference I am attaching to this letter the Flood Risk Resolution adopted by SBFCA at its March meeting and the form resolution provided in the DWR Early Implementation Guidelines. Thank you for your cooperation in this effort and early attention to this matter. Please feel free to contact us with any additional questions. A member of SBFCA's staff will contact your staff in the next few weeks to make sure all of your questions are answered. Sincerely, William H. Edgar Executive Director, SBFCA Attachments SBFCA Flood Risk Resolution DWR Model Flood Risk Resolution 1227 Bridge Street, Suite C, Yuba City, CA 95999 z Web: www.SutterButteFload.org Sutter Butte Flood Control Agency A Partnership for Flood Safety March 9, 2011 TO. Board of Directors FROM: William H. Edgar, Executive Director Scott Shapiro, Agency Counsel SUBJECT: Approval of a flood risk resolution as required for State EIP funding Recommendation Approve the attached flood risk resolution required by the Department of Water Resources {DWR), in substantially the form attached hereto and upon review and approval by DWR counsel, as part of Early Implementation Program funding for design on the Feather River West Levee Rehabili#a#ion Project, and direct staff to work with member agencies on individual flood risk resolutions_ Background SBFCA is seeking to implement an Early Implement Project (EIP) to rehabilitate, restore, and as necessary improve approxima#eIy:44 miles of the west levee of the Feather River from the confluence of the Feather River and the Sutter Bypass to the Thermalito Afterbay, through Sutter and Butte counties. The goal of the project is to rehabilitate sections of the levee so that these sections can be cer#ified as meeting FEMA standards for providing protection against the 100-year flood event and also meet the new State standard of 200-year flood protection. SBFCA has requested State funding assistance through the Early Implementation Program per Proposition 1 E, Article 4; Subsection 5096.821 {b)_ DWR has developed guidelines that govern the process by which a focal agency can receive funding under the Early Implementation Program. The guidelines specify the documentation local agencies must prepare and submit to DWR to meet the program's funding eligibility requirements. One of the guideline requirements is for the funding recipient to adopt a flood risk resolution acknowledging the current risk of flooding with the community. That resolution essentially states that the applicant acknowledges that the levee in question no longer provides a 100-year level of protection, and tha# the applicant in#ends to move forward with a project to improve the levee to achieve a 200-year level of protection_ The deadline for approval of this resolution is the date of execution of the design funding agreement, which is anticipated to occur in June 2011. fn addition, DWR requires that all, land use authorities within the applicants' service area (i.e., SBFCA's member agencies) also approve a Flood Risk Resolution. SBFCA staff intends to work with SBFCA's member agencies to ensure tha# they properly approve such :resolutions: Item 4 Staff recommends #hat the Board review and approve the attached Flood Risk Resolution, as may be modifed .hy D1NR, and direct stafF #o work with SBFCA's member agencies on their individual .resolufiio~s. if DWR modifies the resotu#ion in a material way, staff will bring the resolution back to the Board for approval at the April meeting: Thank you. Item 4 BUTTER-BUTTE FLOOD CONTROL AGENCY RESOLUTION NUMBER A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SLITTER-BUTTE FLOOD CONTROL AGENCY RELATING TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES' EARLY IMPLEMENTATION GRANT FUNDING PROGRAM _ AS A FORMAL ACKNOWLEDGMENT OF THE CURRENT LEVEL OF FLOOD RISK WITHIN THE SLITTER BUTTE FLOOD CONTROL AGENCY WHEREAS, in November 2006 the California voters approved the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Band Act of 2006, and the Disaster Preparedness and Flood Prevention Bond Act of 2006 (collectively "Propositions lE and 84"); and WHEREAS, the Federal Emergency Management Agency (FEMA} has determined that portions of the Feather River west levee protecting portions of Sutter and Butte Counties no longer provide 100-year flood protection; and WHEREAS, the Sutter Butte Flood Control Agency (SBFCA} has developed a project of improvements that would rehabilitate the Feather River west levee; and WHEREAS, the State has included the Feather River West Levee Rehabilitation Project in the State's 2010-11 as a Capital Outlay Expenditure Project; and WHEREAS, DWR advised SBFCA that before the State could execute a funding agreement to fund a share of the eligible project costs of its project, SBFCA must complete an application review process which includes demonstrating its financial capability to meet local cost share requirements anal providing additional materials including a resolution adopted and signed by .the Board of Directors of the Sutter-Butte Flood Control Agency formally aclcnawledging the current level of flood risk; and WHEREAS, as a condition of granting such support, the State has required that SBFCA adapt a resolution aclarowledging the present risk of flooding in the area and agreeing that any subsequent resolution which proposes to revise the related risk of flooding for the project area requires the written concurrence of the Department of Water Resources. NOW, THEREFORE, SE 1T RESOLVED THAT: The Board of SBFCA acknowledges that the existing levee system protecting the project area no longer provides 100-year flood protection; efforts are underway to improve this system; .and that these efforts could result in a re-evaluation of the level of flood protection provided to SBFCA. The Board of SBFCA agrees that a change in circumstances, or a reevaluation of risk, may change. the acknowledged . fisk of #Iooding.~ lti the event SBFCA . proposes ~ to . adopt a new resolution stating the risk of flooding for the project area, such a change requires the written concurrence of the Department of Water Resources. : It is further resolved that the SBFCA Executive Director and' his/her designees are authorized, by . the Board to represent SBFCA in dealings with the Department of Water Resources in matters relating to the Feather River West Levee Rehabilitation Program. Approved this day of March, 2011: Ayes: Noes: Absent: Certification I, Steven Lambert, hereby certify that I am and at all times mentioned herein was duly elected, qualified anal acting Chairman of the Board of Directors of the Sutter Butte Fiaad Contras Agency, a Joint Powers Authority organized a~d,existing under and by virtue of the laws of the State of California, that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted at a meeting of the Board of Directors of said Agency duly held on March 9, 201,1, a majority and quorum of the members of said Board of Directors being present and voting in favor of said Resolution; and that said Resolution has not been modified, rescinded, altered or amended and is now in full farce and effect. Board Chairman Page 2 of 2