HomeMy WebLinkAboutAgenda Report - November 19, 2014 C-10Crry or Lonr
CouNcrr, CovrMUNrcATroN
AGENDA ITEM c-10
AGENDA TITLE:
MEETING DATE:
PREPARED BY:
Adopt Resolution Authorizing the city Manager to sign an Agreement toJoin-as pqly to Agreement for Adoption of Flood s"r"û plans pursuant tocalifornia water code section g6s0 and Designating t"he city's Fire chiefas the Flood Safety Official for the City of Lodi
November 19,2014
Fire Chief
REGoMMENDED AGTION: Adopt Resolution authorizing the City Manager to sign an
?gleement to join as Party to Agreement for aãoption oi FloodSafety Plans pursuant to Californiã Water Code Section 9650 anddesignating the City's Fire Chief as the Flood Safety Official for theCity of Lodi.
BACKGROUND INFORMATION: California Water Code Section 9050 requires that locat Levee
Maintaining Agencies (LMAs) complete Flood Safety plans in order
added to the water code in 2008 "li1X';*S'ìil;JitfiH."."ïil,ï:iåSi,åii;"*,i:l:îi"?ffi: ".agreement to complete a Flood Safety Plan within a specified period of time in order to receive funds forProject Levee upgrades. Project Levèes are those levees constructed as part of a state or federal floodcontrol project.
ln 2011, the State Department of Water Resources issued compliance guidance which allowed LMAs toutili'zg and modify existing.Flood Safety Plans to meet the specific mandáes of Section g6so. Thereafter,the County of San Joaquin undertooÈ to coordinate compliance with Section 9650 on a regional level,taking advantage of the flood contingency and urban evarì ration maps and other emergency plansalready completed by the County, ¡ts clt¡es, and LMAs. The County *ori"J.ooperatively with the citiesof Stockton, Lathrop and Manteca to dev^eiop a Compliance Packáge (Aitachment A) to assist LMAs incomplying with the specific mandates of Section 9650, as these c¡tles àre the ones most susceptible toflooding.
on August 13, 20.19' 11"t" s-an Joaquln cgunty Board of supervisors authorized the signing of anAgreement for the Adoption of Flood salety PlanÁ ("Flood safeti platAg;eement,,) pursuant to californiaWater Code Section g650 as required by Section 9650. The
-Board
tuirtner approved the San Joaquincounty Director of Emergency operatiolð, o.f Emergency Planners áèrig.áiåo by the Director, to provideassistance to Levee Maintaining Agencies (LMAs)-to cómplete Flood UËit ptans. The regionat plandeveloped by San Joaquin County ãllows jurisdictions to sign a Joinder Agreement to participate in theFlood Safety Plan Agreement in order tó comply with stãtutory require"ments of Section 'gOSo.
Byauthorizing the signing of the Joinder Agreemeni t,o participate wTtn th; Co;;ty and other local entities,including the cities of Lathrop, Manteca, -stockton
"nd
Tr".y, the City of Lodi and the LMAs that maintainthe levees protecting the City are relieved of the responsibility of preparinj sãparate Flood Safety plans
entirely on their own' This r_egional approach to developing a riooo sárËtv pl"n in concert with otheraffected agencies is a cost-effective and.efficient manner iorin¡nr to corpiy'with the requirement and
APPROVED:
Manager
saves City money, staff time and effort to try and coordinate individual Flood Safety plans. The Countyand cities of Lathrop, Manteca and Stockton have already signed the Flood bafety eian Rgieement.
The county of san Joaquin office of Emergency services coordinated efforts with cities within theoperational area in developing the San Joáquin Operational Area Flood Safety plan CompliancePackage (Compliance.Package) (Attachment A) to "rtLt local LMAs to achieve compliance with the newrequirements of Section 9650. The Compliance Package uses the flooo contingency ãno uroanevacuation maps and other emergency. plani already comp'ieted by the cointy, its cities, and LMAs asthe basis for compliance with this new law Tlne Compliance Packäge providei a stanoaro tãmpate torthe development of new or updated Flood safety Ëlans by the l--lr¡ns that comply with the specificmandates of Section 9650. Under the County'é regional plan, tne CitV of loã¡, along *¡tn oth"'jurisdictions, and the LMAs are allowed to become a iarty to the Flood sátety plan Agreement if theysign a Joinder Agreement (included as Exhibit 1 in the attached Resolution). By signing the JoinderAgreement, the City may take advantage of and utilize the flood contingency ano ur:uarievaãuation mapsand other emergency plans already ìn existence rather than prepãring'these documents anew. lfauthorization is given to sign the Joinder Agreement, staff wìll work ï¡tn our local LMAs to gaincompliance with Section g650 and will provide tñe Compíiance Package and other relevant information tothem.
The Agreement will allow other jurisdictions and LMAs to adopt the Compliance package and promote auniform process and standard for the development and adoption of Flooo safety plans within sanJoaquin County' Rather than each city adopting its own guidanbe pact<age áno oevétoping its own floodsafety plan, Lodi, together with Lathrop,lt¡antecä, Tracy, änd Stockton *íl be working with the County tostreamline and unify the process for LMAs within theiijurisdictions. Currenily, tne óity ot Lóoi and theWn: within its jurisdiction are obligated to participate ¡n tne flood safety pt"n pro.éss. -èfining
theJoinder Agreement is the most cost-effective 'and
efficient manner for LMÃs'within Lodi,s .¡u¡säiction tocomply with the mandates of Water Code Section 9650.
staff recommends that the council adopt the attached Resolution which would authorize the cityManager to sign the Joinder Agreement on behalf of the City. Howevéi, the Agreement will not beeffective until all parties to the Agreement including the other tities involvéd, and San Joaquin Countyhave also executed the Agreement. Staff is also reðommending that the couÀcil designate the city,s FireChief as the Flood Safety Official for the City of Lodi to review and approve all flood safety planssubmitted by LMAs in Lodi's jurisdiction.
FlscAL IMPAGT: The proposed regional Flood Safety Plan for LMA submittal in accordancewith Section 9650 will relieve the City of the time and expense associatedwith developing its own flood safety plans in compliance with Water CodeSection 9650.
FUNDING AVAILABLE: Not appticabte
Prepared by: City Attorney
Attachment A - san Joaquin county Frood safety pran compriance package
ney re Chief
WHEREAS, in 2008 Assembly Bill 156 established a requirement by adding Section 9650 to
the California Water Code for levee maintaining agencies (LMAs) to adopt Flood Safety Plans and
take other related actions; and
WHEREAS, in 2011 State compliance guidance was released by the Department of Water
Resources to allow LMAs that maintain project Íevees, in cooperation with the jurisdictions that they
protect (namely, cities and counties), io modify existing emergency plans to meet the specific
requirements of Section 9650; and
WHEREAS, San Joaquin County and the cities of Stockton, Manteca, Tracy, Lathrop, and
Lodi wish to work cooperatively with affeðted LMAs to gain compliance with Section 9650; and
WHEREAS, an agreement between the County, Lathrop, and Manteca for the adoption of
Flood Safety plans pursuãnt to California Water Code Section 9650 was signed and approved on
August 19, i013, anb other jurisdictions and LMAs can become a party to the Agreement by signing
"n-Agr""rent
to join as a Þarty to Agreement for the Adoption of Flood Safety Plans pursuant to
Califòrnia Water Code Section 9650 ("Joinder Agreement"); and
WHEREAS, the execution of the Joinder Agreement establishes the San Joaquin Operation
Area Flood Safety plan Compliance Package as the approved method of compliance with Section
g650 and establíshes the uniform process for the adoption of Flood Safety Plans.
NOW, THEREFORE, BE lT RESOLVED by the Lodi city council as follows:
1. The City Manager ís authorized to execute the Joinder Agreement to the "Agreement
for Ado"ption ofllood Safety Plans pursuant to California Water Code Section 9650,"
collectively attached hereto as Exhibit 1.
2. The City's Fire Chief is designated as the Flood Safety Official for the City of Lodi.
3. The City Manager is authorized to take whatever actions are necessary and
appropriate to carry out the purpose and intent of this Resolution.
RESOLUTION NO. 2014-206
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO SIGN AN AGREEMENT TO JOIN AS A PARTY TO
AGREEMENT FOR THE ADOPTION OF FLOOD SAFETY PLANS PURSUANT TO
CALIFORNIA WATER CODE SECTION 9650 AND DESIGNATING THE CITY'S
FIRE CHIEF AS THE FLOOD SAFETY OFFICIAL FOR THE CITY OF LODI
----=============================================
Dated: November19,2014
_---J==-- --===----
I hereby certify that Resolution No. 2014-206 was passed and adopted by the Lodi City
Council in a regular meeting held November 19, 2014by the following vote:
AyES: COUNCIL MEMBERS - Hansen, Johnson, Mounce, Nakanishi, and
Mayor Katzakian
NOES: COUNCIL MEMBERS - NONE
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS -None
J
c
2014-206
FER SON
EXHIBIT 1
AGREEMENTToJoINASPARTYToAGREEMENTFoRTHE
ADOPTION OF FLOOD SAFETY PLANS PURSUANT TO
CALIFORNIA WATER CODE SECTION 9650
The undersigned public entity hereby agrees to become a party to the Agreement for
Adoption of Flood Safety Plans pursuant to California Water Code Section 9650 (Agreement A-
13-276) and to be bound by all terms and conditions set forth therein. lt is expressly agreed,
acknowledged and understood that, pursuant to Article 6 of the Agreement, the undersigned
public entity shall not become a party to the Agreement until such time as San Joaquin
County's Director of Emergency Operations affixes his or her signature below'
CITY OF LODI, a municipalcorporation
STEPHEN SCHWABAUER
City Manager
Dated
ACCEPTED:
COUNTY OF SAN JOAQUIN
MICHAEL R. COCKRELL
Director of EmergencY OPerations
Dated:
JENNIFER M, ROBISON
City Clerk
APPROVED AS TO FORM
JANICE D. MAGDICH
City Attorney