HomeMy WebLinkAbout2009/09/15 Item 11
CITY COUNCIL
AGENDA STATEMENT
~ \ 'f:. (flY OF
i ~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
9/15/09, Item-1.L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE LETTER OF AGREEMENT AND
REQUEST FOR PROVISIONALLY ACCREDITED LEVEE (PAL)
DESIGNATION OF THE SWEETWATER RIVER AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
ALL NECESSAR Y AGREEMENTS~
DIRECTOR OF PUBLIC WORKS . ~~
ASS1STANT DIRECTOR OF ENGIN ""JIl!V
CITY MANAG~ __
ASSISTANT CITY~;\NAGER SJ
4/5THS VOTE: YES D NO [gJ
SUMMARY
The Federal Emergency Management Agency (FEMA) has required that all agencies certify their
levees that provide flood protection. As part of a project to provide 100-year flood protection
along the Sweetwater River, the U.S. Army Corps of Engineers constructed channel
improvements and levees along the river west of 1-805 in the 1980's. In order to maintain the
current floodplain designation for the properties previously in the floodplain, the affected
agencies must fIrst approve the Letter of Agreement and Request for Provisionally Accredited
Levee (PAL) Designation.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed action for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed action
qualifies for a Class 6 categorical exemption pursuant to Section 15306 (Information Collection)
of the State CEQA Guidelines, because approval of this action will lead to the City of Chula
Vista gathering and submitting data and documentation to FEMA administrators to demonstrate
that the levee systems meet FEMA requirements. Thus, no further environmental review is
necessary .
RECOMMENDATION
Council adopt the resolution.
11-1
9/15/09, Item~
Page 2 of 3
BOARDS/COMMISSIONS
Not applicable.
DISCUSSION
The Federal Emergency Management Agency (FEMA) is currently in the process of updating its
Flood Insurance Rate Maps (FIRMs) to reflect the most recent floodplain information. These
maps identify Special Flood Hazard Areas (SFHAs), which are areas within the 100-year flood
plain (the area affected by a flood which has a one percent chance of occurring in any year).
Owners of properties within SFHAs must obtain flood insurance as a condition of any mortgage
that is Federally backed, regulated or insured. The FIRMs covering the City were last revised in
1997.
As part of this process, FEMA is collecting data and documentation from levee system owners
and community officials to determine whether the levee systems meet the National Flood
Insurance Program requirements for providing protection against the 100-year flood.
Communities and levee owners have 90 days from the date that a notification letter is sent out
from FEMA administrators to enact the Letter of Agreement and Request for Provisionally
Accredited Levee (PAL) Designation. Eligible levee system owners then have up to 24 months
to submit the data and documentation required demonstrating that the levee systems meet the
FEMA requirements. These requirements include providing design information, including
analyses of embankment and foundation stability, documentation on the operation of mechanical
systems, and submittal of an officially adopted maintenance plan. During the 24-month period,
the levee system will be shown on the digital FlR1\1s as provisionally accredited and the
impacted area will be shown as having a moderate flood risk, without the requirement of flood
insurance. If the levee system cannot be shown as meeting FEMA requirements within the time
allowed, the impacted area will be shown as a flood hazard area and flood insurance
requirements will apply.
The U.S. Army Corps of Engineers constructed extensive improvements on the Sweetwater
River west of I-80S in the late 1980's (the as-built plans were completed as of December 30,
1988). These improvements included construction of a concrete trapezoidal channel with
compacted fill levees above the banks ofthe channel. The City then applied for a Letter of Map
Revision (LOMR) to amend FlR1\1 panels 1912, 1913 and 1914. The effective date of the
LOMR was October 27, 1997 (Attachment I). This action effectively removed 430 buildable
residential, commercial and industrial parcels within Chula Vista from the 100-year floodplain
and placed them in Zone B, noted as, "This area protected from the one percent annual chance
(lOO-year) f100d by levee, dike or other structures subject to possible failure or overtopping
during larger floods."
City staff was originally notified by FEMA's contractor, HDR, on February 26, 2009, that the
Sweetwater River Channel Improvements were identified as a levee system that needs to be
addressed as part of the levee certification effort. Teleconferences were subsequently held
among personnel from FEMA, HDR, San Diego County, National City and Chula Vista in order
to determine who should be the lead agency and the necessary actions to be taken. Based on
agreements between the County and the Corps of Engineers, it was determined that the County
was the levee owner and should, therefore, take the lead on the certification effort. A
notification letter and draft agreement dated July 13, 2009 was subsequently sent to the San
11-2
9/15/09, Item~
Page 3 of 3
Diego County Board of Supervisors (Attachment 2). Based on the date of the letter, it was stated
that the levee owner and a representative from each impacted community needed to sign the
agreement before October 11, 2009 (within 90 days).
It was later established that the County, National City and Chula Vista could obtain approval
from their respective boards/councils simultaneously, since this would be the only way that the
agreement could be approved by all three agencies within 90 days. A revised version of the
Letter of Agreement and request for Provisionally Accredited Levee (PAL) Designation, which
includes speCIfic information regarding the Sweetwater River levee, is attached (Attachment 3).
The City would be required to sign as the Community CEO (Chief Executive Officer). Since the
County will sign as the Levee Owner, they will take the lead in providing any required
information. It is expected that the County will expect Chula Vista and National City to pay for
a portion of costs associated with this process; however, that will require a separate agreement
and will be the subject of a separate Council action.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
withtn 500 feet of the boundaries of the properties which are the subject of this action.
CURRENT FISCAL IMP ACT
There may be minimal impact to the General Fund. The County may have expenses related to
gathering the information required for levee certification that it would want to recoup from the
Cities of National City and Chula Vista. Since that will require a separate Council action, it will
not be authorized at this time.
ONGOING FISCAL IMPACT
If this agreement is not authorized, it will have a negative impact on the 430 Chula Vista
property owners who will be required to buy flood insurance.
ATTACHMENTS
I. Sweetwater River LOMR
2. July 13, 2009 letter to Dianne Jacob
3. Letter of Agreement and Request for Provisionally Accredited Levee (PAL)
Designation
Prepared by Elizaheth Chopp, Senior Civil Engineer, Public Works Dept,
J\EngineerlAGENDA \C AS2009\Q9-1S-Q9\P AL Levee Agreement.doc
11-3
~TTACHMENT f
Federal Emergency Managemlent Agency
Washington, D.C. 20472
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
Case No.: 97-09-422P
Community: City of National City. California
Community No.: 060293
Panel Affected: 0005 E
Effective Date of
This Revision: AP R @ 9 1997
102-D-A
The Honorable George Waters
Mayor. City of National City
1243 National City Boulevard
National City, California 91950
Dear Mayor Waters:
This responds to a request that the Federal Emergency Management Agency (FEMA) revise the effective
Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) repon for your cOrPmunity, in accordance
with Pan 65 of the National Flood Insurance Program (NFIP) regulations. In a letter ~ated January 23, 1997,
Mr. Clifford L. Swanson, Deputy Director of Public Works/City Engineer, City o~ Chula Vista, requested
that FEMA revise the FIRM and FIS repon to show the effects of channelization and construction of levees
along the Sweetwater River from approximately 3,650 feet upstream of the San Diego Bay to just upstream
of Interstate 805 (I-80S).
All data required to complete our review of this request were submitted with letters from Mr. Swanson and
!vIr, Roger L. Daoust, Senior Civil Engineer, Department of Public Works, City of Chula Vista. Because this
I
Leuer of Map Revision (LOMR) shows the effects of a publicly sponsored flood-control project that reduces
flooding to existing development, fees were nor assessed for the review. I
We have completed our review of the submitted data and the flood data shown on the effective FIRM and FIS
repon. We have revised the FIRM and FlS repon to modify the elevations, floodplain land floodway boundary
delineations, and zone designations of the flood having a I-percent chance of being eql.\aled or exceeded in any
given year (base flood) along the Sweetwater River. As a result of the modifications, the base flood elevations
(BFEs) for the Sweetwater River decreased, and the width of the Special Flood HazardlArea (SFHA), the area
that would be inundated by the base flood, decreased. Because the base flood lis contained within the
constructed levees, the zone designation along the Sweetwater River has been revised to Zone A, an area
inundated by the base flood with no BFEs determined, and the BFEs and floodway have been removed. As
a result of the modifications along the Sweetwater River, the BFEs tor par'adise Creek ~ecreased and the width
of the SFHA decreased. The modifications are shown on the enclosed annotated dopies of FIRM Panel(s)
0005 E; Profile Panel(s) OlP, 03P, 05P, and 06P; and affected portions of the Flood,J"ay Data Table. ProfIle
Panel 02P has been deleted. This LOMR hereby revises the above-referenced panel(~) of the effective FIRM
and the affected ponions of the PIS repon, both dated August 4, 1988. I
Because this revision request also affects the City of Chula Vista and the unincorpOfated areas of San Diego
County, separate LOMRs for those communities were issued On the same date as this LOMR.
The modifications are effective as of the date shown above. The map panel(s) as liste~ above a'nd as modified
by this letter will be used for all flood insurance policies and renewals issued for y6ur community.
11-4
,
,'ii?
>
2
The following table is a partial listing of existing and modified BFEs:
Location
Existing BFE
(feet)*
Modified BFE
(feet)*
Sweetwater River:
At confluence with San Diego Bay
Approximately 3,650 feet upstream of confluence
Approximately 3,700 feet upstream of confluence'
Just upstream of 1-805
6
10
10
35
6
6
None
None
Paradise Creek:
At confluence with Sweetwater River
Approximately 130 feet downstream of D Avenue
12
12
6
12
*Referenced to the National Geodetic Vertical Datum, rounded to the nearest whole foot
Public notification of the modified BFEs will be given in the San Diego Daily Transcript on or about May 2
and May 9, 1997, A copy of this notification is enclosed. In addition, a notice of changes will be published
in the Federal Register. Within 90 days of the second publication in the San Diego Daily Transcript, a
citizen may request that FEMA reconsider the determination made by this LOMR. Any request for
reconsideration must be based on scientific or technical data. All interested parties are on notice that, until
the 90-day period elapses, the determination to modify the BFEs presented in this LOMR may itself be
modified.
Because this LOMR will not be printed and distributed to primary users, such as local insurance agents and
mortgage lenders, your community will serve as a repository for these new data. We encourage you to
disseminate the information reflected by this LOMR throughout the community, so that interested persons,
such as property owners, local insurance agentS, and mortgage lenders, may benefit from the information.
We also encourage you to prepare a related article for publication in your community's local newspaper.
This article should describe the assistance that officials of your community will give to interested persons
by providing these data and interpreting the NFIP maps.
We are processing a FIM! and FIS report for San Diego County, California and its incorporated areas in
our countywide format. The countywide FIRM and FIS report, which include flood hazard information for
your community, will become effective on JuneJ2.,_J~~}. Because the effective date has already been
established, we will not incorporate the modifications made by this LOMR into the countywide FIRM and
FIS report before they become effective. Therefore, the modifications made by this LOMR will be
superseded when the countywide FIRM and FIS report become effective. After the effective date, we will
issue a letter to revalidate the modifications made by this LOMR and revisethenewIYeffective FIR1Clnd
FISf'~rt.----------'-"-
The floodway is provided to your community as a tool to regulate floodplain development. Therefore, the
floodway modifications described in this LOMR, while acceptable to FEMA, must also be acceptable to
your community and adopted by appropriate community action, as specified in Paragraph 60.3(d) of the
NFIP regulations.
This LOMR is based on minimum floodplain management criteria established under the NFIP. Your
community is responsible for approving all floodplain development, and for ensuring all necessary permits
required by Federal or State law have been received. State, county, and community officials, based on
knowledge of local conditions and in the interest of safety, may set higher standards for construction in the
SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain
management criteria, these criteria take precedence over the minimum NFIP criteria.
11-5
3
The basis of this LOMR is, in whole or in pan, a channel-modification project. NFIP regulations, as cited
in Paragraph 60.3(b)(7), require that communities assure that the flood-carrying dpacity within the altered
or relocated ponion of any watercourse is maintained. This provision is I incorporated into your
community's existing floodplain management regulations. Consequently, the ultimate responsibility for
maintenance of the modified channel rests with your community. I
This determination has been made pursuant to Section 206 of the Flood Disaster Protection Act of 1973
(Public Law 93-234) and is in acccrdance with the National Flood Insurance Act of11968, as amended (Title
XlII of the Housing and Urban Development Act of 1968, Public Law 90-448),42 U.S.C. 4001-4128, and
44 CFR Pan 65. Pursuant to Section 1361 of the National Flood Insurance ~ct of 1968, as amended,-
communities panicipating in the NFIP are required to adopt and enforce flOOdplain/management regulations'
that meet or exceed NFIP criteria. These criteria are the minimum requirements ~nd do not supersede any
State or local requirements of a more stringent nature. This includes adoption of the effective FIRM and
FIS repon to which the regulations apply and the modifications described in thi~ LOMR.
If you have any questions regarding floodplain management regulations for youJ. community or the NFIP
in general, please contact the Consultation Coordination Officer (CCO) for your tommunity. Information
on the CCO for your community may be obtained by contacting the Director, Miti!/ation Division of FEMA
in San Franciscc, California, at (415) 923-7177. If you have any technical questions regarding this LOMR,
please contact Mr. John Magnotti of our staff in Washington, DC, either by tel~phone at (202) 646-3932
or by facsimile at (202) 646-4596.
Enclosure(s)
cc:
The Honorable Shirley Honon
Mayor, City of Chula Vista
Mr. Bunon Meyers
City Engineer
City of National City
The Honorable Bill Horn
Chairman, San Diego County
Board of Supervisors
Mr. Kenneth C. Hanson
Senior Civil Engineer
County of San Diego
Department of Public Works
Mr. Clifford L. Swanson
Deputy Director of Public
Works/City Engineer
City of Chula Vista
Mr. Roger L. Daoust
Senior Civil Engineer
Department of Public Works
City of Chula Vista
11-6
I
Federal Emergency Management 4gency
Washington, D.C. 20472
Dear Mayor Horton:
OCT 23 1997
IN REPLY REFER TO: I
Case No.: 97-09-777V
Community: City of Chuld Vista, California
Community No.: 065021 I
Effective Date: October 27, ] 997
LOMC'-VALID I
I
I
I
The Honorable Shirley Horton
Mayor, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 9] 9]0
This letter revalidates the determinations for properties and/or structures in the referenced community as
described in the Letters of Map Revision (LOMRs) and Letters of Map Amendment (LOMAs) previously
issued by the Federal Emergency Management Agency (FEMA) Gn the date(s) listed on the enclosed table.
As of the effective date shown above, these LOMRs and LOMAs will revise the ef,fective National Flood
Insurance Program (NFIP) map for the referenced community, dated June] 9, 1997, and will remain in effect
until superseded by a revision to the NFIP map panel on which the property is shown. The FEMA case
number (when available), property identifier, NFIP map panel number, and current flood insurance zone for
the revalidated LOMAs and LOMRs are listed on the enclosed table. This letter corr~cts the June ]6, ]997,
letter, which inadvertently omitted some map panel numbers on the enclosed table. Since June, we've also
made further refinements to the table to include more appropriate zone designations, as shown.
Because these revalidated LOMRs and LOMAs will not be printed or distributed to primary map users, such
as local insurance agents and mortgage lenders, your community will serve as a repository for these new data.
We encourage you to disseminate the information reflected by this letter throughout your community so that
interested persons, such as property owners, local insurance agents, and mortgage lenders, may benefit from
the information.
For information relating to LOMRs or LOMAs that are not listed on the enclosed table, please contact the
FEMA Regional Office in San Francisco, California, at (415) 923-7177. Copies of previously issued LOMRs
and LOMAs, if needed, can be obtained by contacting our Technical Evaluation Contractor, Michael Baker
Jr., ]nc., in Alexandria, Virginia, either by telephone at (703) 960-8800 or by facsimile at (703) 960-9]25.
Sincerely,
~~~}
Frederick H. Sharrocks, Jr., Chief
Hazard Identification Branch
Mitigation Directorate
Enclosure
cc: Community Map Repository
Mr. Kirk Ammerman ./
Public WorkslEngineering Division
11-7.
REVALIDATED LETTERS OF MAP CHANGE FOR CHULA VISTA, CALIFORNIA
COMMUNITY NO. :065021
CASE NO. : 97-09-777V
EFFECTIVE DATE: October 27,1997
Case No.
197 -09-393A
97 -09-422P
Date Issued Identifier
I CHULA V'S~A MAAINAtRV PARK, PARCEL 1- 550 MARINA PARKWAY
02/28/97
SWEETWATER AIVER CHANNELlZATlON
Map Panel No. New Zone
I 06073C2151 F I X (shaded) I
06073C1913F MULTIPLE
06073C1914F MULTIPLE
06073C1912F MULTIPLE
04/09/97
11-8
. liS AHEA PflOlEClEO FROM 1 HE ONE PERCENT
lNUAL CHANCE IIDO.YEAR) flOOD BY LEVEE,
_.KE on OTtlER STRUCTURES SUBJECT TO
POSSIBLE FAILURE OR OVERTOPPING LJURING
LARGER FLOODS _ '._ /
"
JOINS PANEL 1912
.If
City of Chub Vista
AREA NOT INCLUDED
EC~
~\ ,,(..
ji
I
I,
~
~
I
CD
,., c
'\.
=. = ~'S~I:eet.'~~ll-er River _ _ -=- ~ -=- -=. -_ -_ -=. = = = ~ -=- =- -=- -_-_- _-_-_
-------- -------------
------------
=:: = = "z'QN_E_B_- - --- -- -- -.:-. - -_
----------------
-----------------------
- -=- -_' THIS AREA PROTECTED FR'OM THE ONE PERCENT' - - - - - - - - - - - -
- - - ANNUAL CHANCE (1 ao. YEAR] FLOOD BY LEVEE. =- -=- -=- -= =- ~ _ __ -=- -
- - DIKE OR OTHER STRUCTURES SUBJECT TO
- POSSIBLE FAILURE OR OVERTOPPING DURING
-'LARGER FLOODS.
"\""
,/
/','
_.-:'/
/ -
----:::::::/"
/:..--- .
/
,\
EFfEGTlVE DATE:
JUNE 15, 1984
NATIONAl flOOD INSURANCE PROGRAW
I'
\,
,
\1
City 'of Chu1a Vista
AREA NOT INCLUDED
FIRM
FLOOD INSURANCE RATE MAP
"
I'
,,'
( J
\\ /<::~::-:- \ "
,\-:/,
- -: \\ _ _ _ _ REVISED :REA
~\ \~
",.J~l
, -~\ ,,'
--\
0'
\\
,
,
\
SAN DIEGO COUNTY,
CALIFORNIA
(UNINCORPORATED AREAS)
'-- ' \,
~~~---~.-. \ \
-'~-,-,}\
.......... . \
\:'
'\
',\
\'
II
'II
\\
"
\\.
'!
(
'''-.1,
,'~r~w rfl'T
~, ~'\ -t'9 : ~. '
:,,~,"~ ti\..,v
I
\
PANEl1914 OF 2375
ftElJiS'ED" TO"" 01
lOMl
Ddl1ID APR 0 9 199
COMMUNITY-PANEL NUMBER
0602841914 C
./
/
I"k\p LEGEND
..--::::
-- -.-
.
~
b::J
ZONE B
Areas protected by levees
from th.!.: ba.se flood.
APPROXIMATE SCALE
o
1-----1 f
Federal Emergency ManaJll."l1ltnl Agent.')
, ----\\
;\ \~
\\ \\
R.."i..d l00-Y.<Jr Floodplain
600
t=i
500 FEET
I
A TT ACHM'ENT Z,
U.S. Department of Homeland Security
1111 Broadway, Suite 1200
Oakl,nd. CA. 94607-4052
FEMA
July 13,2009
CERTIFIED MArr..
RETURN RECEIPT REQUESTED
Ms. Dianne Jacob
Chairwoman, San Diego County Board of Supervisors
County Administration Center
1600 Pacific Highway
San Diego, CA 92101
Dear Ms. 1acob:
This letter is in regard to the levee identified on the enclosed Levee Status Table that is accredited
on the effective Flood Insurance Rate Map (FIRM) and in the effective Flood Insurance Study
(PIS) report for San Diego County and Incorporated Areas, California. The U.S. Department of
Homeland Security's, Federal Emergency Management Agency (PEMA) is in the process of
producing an updated countywide PIS report and Digital Flood Insurance Rate Map (DFlfu\1) for
San Diego County, California. This effort is being undertaken as part of PEMA's Flood Map
Modernization Program.
Flood hazard information presented on the effecti ve FIfu\1 and in the FIS report is based, in some
areas, on flood protection provided by the levee identified on the enclosure. Based on the
information available and on the mapping standards of the National Flood Insurance Program
(NFIP) at the time that the FIS was performed, FEMA accredited the levee with providing
protection from the flood that has a I-percent-chance of being equaled or exceeded in any given
year. The I-percent-annual-chance flood also is referred to as the base flood.
For PEMA to continue to accredit the identified levee with providing protection from the base
flood, the levee must meet the criteria of the Code of Federal Regulations, Title 44, Section 65.10
(44 CFR 65.10), titled "Mapping of Areas Protected by Levee Systems" (copy enclosed).
In accordance with 44 CPR 65.IO(a), it is the responsibility of the community or other party
seeking recognition of a levee system, to provide the data defined and outlined within the
regulation. Specifically, the design and construction data provided must be certified by a
registered professional engineer or by a Federal agency with responsibility for levee design.
PEMA understands that it may take time to acquire and/or assemble the documentation necessary
to fully comply with 44 CFR 65.10. Therefore, PEMA has incorporated a process into the
schedule of Flood Map Modernization that, if needed, will provide San Diego County with
additional time to submit all the necessary documentation. Initiation of this process can take
place only if the levee owner and a representative of each impacted community sign and return
the enclosed agreement to the PEMA Region IX office within 90 days of the date of this letter
(before October 11,2009).
11-10
July 13,2009
Ms, Dianne Jacob
Page 2 on
In addition, the following must be provided:
. A copy of the adopted operation and maintenance plan for the levee; and
. Records of levee maintenance and operation, as well as tests of the mechanized interior
drainage systems, if applicable,
Completion and submittal of the agreement, as well as the operation and maintenance plan and
records, will serve as an official request that FEMA label the levee as a Provisionally Accredited
Levee (PAL) on the DFIRM and will serve as agreement that, to the best of your knowledge, the
levee meets the criteria of 44 CFR 65, 10, It is the responsibility of the levee owner to submit the
data required by 44 CFR 65,10 before FEMA can accredit the levee as providing protection from
the base flood, The completed package must be submitted to the FEMA Region IX office before
October 11,2009 for the levee to receive the PAL designation, Please note that a levee that has
maintenance deFiciencies is not eligible for PAL consideration,
By endorsing the enclosed agreement, you state that all the necessary documentation will be
provided within 2-years to comply with 44 CFR 65,10; that is before October 11,20 II. If you
are unable to submit all the documentation necessary to meet the criteria of 44 CFR 65,10 before
this date, FENIA will initiate a map revision to redesignate certain areas on the landward side of
the levee as floodprone,
Levees will be labeled as PALs during the 24-month period to convey to map users that levee
certification verification is underway, FEMA recommends that the levee owner and the impacted
communities implement outreach efforts to inform affected property owners that an assessment of
the levee is underway, FEMA also encourages the purchase of flood insurance, even though
coverage is not federally required for the areas landward of the accredited levee,
If the documentation necessary to fully comply with 44 CFR 65,10, including an existing
operation and maintenance plan and record of on-site inspection, is readily available, please
submit the data to this office, Upon receipt of your submittal, FEMA will review the data and
determine whether the levee will continue to be accredited with providing protection from the
base flood,
If the only grounds for the levee in question not currently meeting the 44 CFR 65,10 criteria or
PAL requirements are maintenance issues, then the FEMA Region IX office must be contacted by
letter to bring attention to the matter before the end of this 90-day period to submit the enclosed
PAL agreement. If you notify FEMA that the levee has known maintenance deficiencies, then a
I-year correction period can be provided to remedy these deficiencies, This I-year correction
period would begin on October I 1,2009, if you notify FEMA within 90 days of the date of this
letter. During the I-year correction period, FEMA will move forward with the current flood
hazard mapping project as if the area landward of the levee is to be located in a Special Flood
Hazard Area (SFHA); the mapped area subject to inundation by the base flood, However, FEMA
will delay issuance of the Letter of Final Determination (LFD) and effective DFIRM until the 1-
year correction period has elapsed,
For FEMA to remove the SFHA landward of the levee, the following requirements must be met
within the I-year correction period:
. All the criteria contained in 44 CFR 65,10 submitted to FEMA, ill:
. Submittal of the entire PAL application, including the following documentation:
11-11
July 13,2009
Ms. Dianne Jacob
Page 3 of3
o An agreement signed by the community and/or levee owner stating that the PAL
designation is warranted because the levee meets the requirements of 44 CFR 65.10;
o A copy of the adopted operation and maintenance plan for the levee; and
o Records of levee maintenance and operation, as well as tests of the mechanized
interior drainage systems, if applicable.
Once the I-year correction period has expired, FEMA will assess any submitted data and
determine whether any mapping revisions are necessary. If no data have been submitted within
the I-year correction period, or if the submitted data are determined inadequate, FEMA will issue
the LFD and effective DFIRM to show the area landward of a maintenance deficient levee as
located in a SFHA. However, if all of the criteria of 44 CFR 65.10 or the entire PAL application
is submitted before the I-year correction period has elapsed, then FEMA will show the levee on
the newly effective DFIRM as accredited or provisionally accredited, as applicable.
If you have additional questions regarding the specific submittal requirements, please contact
Edward Curtis, Senior Engineer, of our Risk Analysis Branch, either by telephone (510) 627-
7207 or e-mail edward.curtis@dhs.gov. We look forward to working with you and community
officials to address this important matter. If there is anything we can do to facilitate the submittal
process, please let us know.
Sincerely,
Enclosures:
. Requirements of 44 CFR Section 65.10: Mapping of Areas Protected by Levee Systems
. Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation
and Agreement to Provide Adequate Compliance With the Code of Federal Regulations,
Title 44, Section 65.10 (44 CFR 65.10)
. Le vee Status Map
. Levee Status Table
cc: Cid Tesoro, Flood Control District Manager, San Diego County
Ron Morrison, Mayor, City of National City
Charles Nissley, Senior Civil Engineer, City of National City
Cheryl Cox, Mayor, City of Chula Vista
Elizabeth Chopp, Senior Civil Engineer, City of Chula Vista
Colonel Thomas H. Magness, US ACE, Los Angeles District
Ricardo Pineda, CA DWR, NFIP State Coordinator
Senator Boxer State Office
Senator Feinstein State Office
Representati ve Filner District Office
11-12
z~
0;
.2!
o
o
o.
00
ro
~
C-
O
"'
U
.s
0;
o
u.
11-13
36
No
San Diego County
City of Chula Vista
City of-National City
May be PAL A 1 Eligible
Al
Sweetwater River
Approximately from Interstate 805 to
Interstate 5
San Diego County
A 1: Levees not in USACE program thai are shown as providing base flood protection on an effective FIRM or LOMA, and the levee owner believes that the levee meels 44 CFR 65.10 requirements
~
~
~
-l'>
^ -.r,t.. CHMENT .3
Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation and Agreement to
Provide Adequate Compliance with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10)
PAL Agreement Form for San Diego County
We, the undersigned, have received a letter fromFEMA dated July 13, 2009 with an enclosed "Levee Status Map"
and "Levee Status Table" and two enclosed documents titled "Title 44 of the Code of Federal Regulations (CFR),
Section 65.10 (44 CFR 65.10)" and "Requirements of44 CFR Section 65,10: Mapping of Areas Protected by Levee
Systems," We understand that FEMA is in the process of providing an updated Flood Insurance Rate Map for San
Diego County, CA and that the flood hazards around levee(s) identified on the Levee Status Map and Levee Status
Table with unique levee ill number 36 will be remapped to reflect that these levees have been designated a PAL.
This/these levee(s) or levee system(s) is/are also known as Sweetwater River.
To the best of our "..now ledge, the levee(s) identified above meet the criteria of 44 CPR 65.10 and has/have been
maintained in accordance with an adopted operation and maintenance plan. For Scenario A (non-US ACE Program)
levees, this must be evidenced by an attached Operation and Maintenance Plan and records of levee maintenance
and operation, as well as Test Records of Mechanized Interior Drainage System. We hereby submit to FEMA
within 90 days (before October 11, 2009) our agreement to provide FEMA with all the necessary information to
show that the levee(s) identified above comply with 44 CPR 65, 10. We understand that this documentation will be
provided before October 11, 201 L Providing the information described in 44 CPR 65.10 will allow FEMA to
move forward with the flood mapping for San Diego County. We fully understand that if complete documentation
of compliance with 44 CPR 65.10 is not provided within the designated timeframe of 24 months, FEMA will
initiate a revision to the Flood Insurance Rate Map for San Diego County to redesignate the area as f1oodprone.
.. Levee Owner Representative (signature):
Date:
Levee Owner Representative (print name):
Levee Owner Title/Organization (print):
Countv of San Diego, CA
Community CEO (signature):
Community CEO (print name):
Community Name (print): Citv of Chula Vista, CA
Date:
Other, if applicable (signature): Date:
Other, if applicable (print name):
ReQuired Attachments for Scenario A (non-USACE Program) Levees onJv:
. Operation and Maintenance Plan and Records
. Test Records of Mechanized Interior Drainage System
Instructions for Completing this Form:
. On this PAL Agreement Form, fill-in the levee ill numbers and Ievee(s) name/description for which the
Provisionally Accredited Levee (PAL) designation is requested. A separate PAL Agreement Form is
recommended 'for each unique levee owner/levee system, Make copies of this blank form to request PAL
designation for multiple levee systems, as necessary.
. This document is available on-line (in a PDF format that can be filled-in electronically) via the link named
"Generic PAL Agreement Form for Region IX" at http://rmc.mapmouteam.com/rmc9/FactShects.htm
Provisionally Accredited Levee (PAL) Agreement Form
11-15
I of 1
RESOLUTION NO. 2009-_
RESOLUTION OF THE CITY COlTNCIL OF THE CITY OF
CHULA VISTA APPROVING THE LETTER OF
AGREEMENT AND REQUEST FOR PROVISIONALLY
ACCREDITED LEVEE (PAL) DESIGNATION OF THE
SWEETWATER RIVER At'lD AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL
N"ECESSARY AGREEMENTS
WHEREAS, as part of a project to provide protection against the 1 DO-year flood along
the Sweetwater River, the U.S. Army Corps of Engineers constructed channel improvements and
levees along the river west of 1-805. This has resulted in removing an estimated 430 parcels
from the 1 DO-year floodplain; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has required that all
agencies certify their levees that provide flood protection in order to maintain their floodplain
designation for properties protected by such levees. Affected communities are required to sign a
Provisionally Accredited Levee (PAL) Agreement, which will give them two years to provide all
the technical information required by FEMA for certification; and
WHEREAS, a draft PAL agreement and notification letter dated July 13, 2009 was sent
to the County of San Diego for execution as lead agency. Copies were sent to the Cities of
National City and Chula Vista for signatures as "Community CEO (Chief Executive Officer )".
This agreement needs to be signed by all agencies and forwarded to FEMA by October 11,2009
in order for the Sweetwater River to qualify for provisionally accredited levee status; and
WHEREAS, if this agreement is not executed, approximately 430 properties within the
City would be classified as being within the 1 DO-year floodplain, thereby requiring those
property owners with federally backed, regulated or insured mortgages to acquire flood
msurance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the letter of agreement and request for Provisionally Accredited
Levee (PAL) designation of the Sweetwater River and authorize the Director of Public Works to
execute all necessary agreements.
Presented by
11
/' .....-)
"j /
-, )' /
;" / -
I ,I -1---_
,--- /
~- .
/
Richard A. Hopkins
Director of Public Works
11-16
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND ~L BE
FORMALLY SIGNED ill/ON AP~R ~Ar:13Y
T CITY 1 It!
\ I I'
) I / I
, '
J;1U
-'-~-~..
Letter of Agreement and
Request for Provisionally Accredited Levee (PAL)
Designation and Agreement to Provide Adequate Compliance with
the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10)
Between the City of Chula Vista and County of San Diego
11-17
^ TT,6(~HMENT :3
Letter of Agreement and Request for Provisionally Accredited,Levee (PAL) Designation and Agreement to
Provide Adequate Compliance with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10)
PAL Agreement Form for San Diego Countv
We, the undersigned, have received a letter from FEMA dated July 13,2009 with an enclosed "Levee Status Map"
and "Levee Status Table" and two enclosed documents titled 'Title 44 of the Code of Federal Regulations (CFR),
Section 65.10 (44 CFR 65.10)" and "Requirements of44 CFR Section 65.10: Mapping of Areas Protected by Levee
Systems. " We understand that FEMA is in the process of providing an updated Flood Insurance Rate Map for San
Diego County, CA and that the flood hazards around levee(s) identified on the Levee Status Map and Levee Status
Table with unique levee ill number 36 will be remapped to reflect that these levees have been designated a PAL.
This/these levee(s) or levee system(s) is/are 'also known as Sweetwater River.
To the best of our knowledge, the levee(s) identified above meet the criteria of 44 CFR 65.10 and haslhave been
maintained in accordance with an adopted operation and maintenance plan. For Scenario A (non-USACE Program)'
levees, this must be evidenced by an attached Operation and Maintenance Plan and records of levee maintenance
and operation, as well as Test Records of Mechanized Interior Drainage System. We hereby submit to FEMA
within 90 days (before October 11,2009) our agreement to provide FEMA with all the necessary information to
show that the levee(s) identified above comply with 44 CFR 65.10. We understand that this documentation will be
provided before October 11, 2011. Providing the information described in 44 CFR 65.10 will allow FEMA to
,move forward with the flood mapping for San Diego County. We fully understand that if complete documentation
of compliance with 44 CFR 65.10 is not provided within the designated time frame of 24 months, FEMA will
initiate a revision to the Flood Insurance Rate Map for San Diego Counry to redesignate the area as floodprone.
Levee Owner Representative (signature):
Date:
Levee Owner Representative (print name):
Levee Owner Title/Organization (print):
Countv of San Diego. CA
Community CEO (signature):
Communiry CEO (print name):
Community Name (print): Citv of Chula Vista. CA
Date:
Other, if applicable (signature): Date:
Other, if applicable (print name):
Required Attachments for Scenario A (non-USACE Program) Levees only:
. Operation and Maintenance Plan and Records
. Test Records of Mechanized Interior Drainage System
Instructions for Completing this Form:
. On this PAL Agreement Form, fill-in the levee ill numbers and levee(s) name/description for which the
Provisionally Accredited Levee (pAL) designation is requested. A separate PAL Agreement Form is
recommended for each unique levee owner/levee system. Make copies of this blank form to request PAL
designation for multiple levee systems, as necessary.
. This document is available on-line (in a PDF format that can be filled-in electronically) via the link named
"Generic PAL Agreement Form for Region IX" at http://rmc.mapmodteam.com/rmc9/Fact Sheets,hrm
Provisionally Accredited Levee (PAL) Agreement Form
11-18
I of 1