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Informational Report on the Federal Emergency Management Agency’s (FEMA) Proposed Revisions to Floodplain Maps Which Could Impact Alameda Property Owners. (Public Works 4205)
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To: Honorable Mayor and Members of the City Council
From: Elizabeth D. Warmerdam, Interim City Manager
Re: Informational Report on the Federal Emergency Management Agency’s (FEMA) Proposed Revisions to Floodplain Maps Which Could Impact Alameda Property Owners.
BACKGROUND
The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) manages the National Flood Insurance Program. FEMA periodically updates the maps for all lands subject to a one percent annual chance of flooding based on current sea level. Areas subject to extreme high tides and storm action are included in the maps, and FEMA issues new Flood Insurance Rate Maps (FIRM) and Flood Insurance Studies (FIS) based on these maps. Local communities, in turn, adopt by ordinance the FIRM, FIS, and special building requirements in the flood zone.
If a local community fails to participate in the program, the sanctions are severe - public and private properties in the identified flood zones would not be eligible for federally subsidized flood insurance, federally backed mortgages (FHA, VA, etc.), federal grants, or federal disaster relief.
The City of Alameda is currently participating in the National Flood Insurance Program, and adopts by ordinance any new maps issued by FEMA in order to continue to participate in the program.
DISCUSSION
On April 17, 2015, FEMA sent a preview of the new Preliminary Maps to the City of Alameda. FEMA will formally issue a Notice of Proposed Flood Hazard Determinations and the Preliminary Maps in July 2015. These will be announced in the Federal Register and the legal section of a local newspaper. In addition to the advertisements by FEMA, the City of Alameda will be sending out approximately 2,000 letters to owners and residents of affected parcels, as well as posting information on the Alameda website and placing public notices in the Alameda Journal.
The City of Alameda and affected property owners will have 90 days from the official announcement date to object to the draft maps. This may be in the form of an appeal to the proposed elevation of the floodplain, as backed up by scientific data, or a protest of inclusion of a particular area within the floodplain, as backed up by survey data. City staff will gather all appeals and protests and forward them to FEMA for consideration. City staff is currently working with a hydrology consultant, along with the Port of Oakland and the Port’s hydrology consultant, to investigate the modeling used at the Oakland Airport and Bay Farm Island. Any findings will be submitted to FEMA during the 90 day appeal period.
Sometime in late 2015 or early 2016, FEMA will issue a Letter of Final Determination (LFD) with final FIRM and FIS. Once the LFD is issued, the City of Alameda has 6 months to adopt the FIRM and FIS and amend the floodplain management regulations in the municipal code in order to continue to be a participating community.
The FIRM and FIS for the City will become effective, once adopted, with regards to all new construction and federally insured or regulated lenders may require flood insurance as a condition of a loan for buildings within certain identified areas.
Lenders may choose to waive flood insurance on a particular lot, if the property owner can show an Elevation Certificate from a licensed surveyor that the lowest floor level is above the proposed flood level. All new and substantially (over 50%) improved structures within the proposed one percent annual floodplain will be required to obtain an Elevation Certificate and to file it with the City of Alameda.
The City applied for an independent update of maps for Alameda Point through a Letter of Map Revision (LOMR). This was issued on February 6, 2015, but then rescinded June 22, 2015, when errors were found. This will be re-issued at a later date. The detention basin north of Bayport is currently pending approval to be removed from the floodplain through a LOMR.
FINANCIAL IMPACT
Adoption of the new FEMA maps and updates to the Municipal Code will not affect the City’s General Fund.
MUNICIPAL CODE
At minimum, the Municipal Code Section XX, Floodplain Management, will have to be updated to adopt the latest maps. FEMA may direct additional changes to the Code.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), changes to the Municipal Code, including adoption of the latest FEMA maps, is Categorically Exempt under CEQA Guidelines Section 15308 - Actions by Regulatory Agencies for Protection of the Environment.
RECOMMENDATION
This report is provided for informational purposes only. No action is required at this time.
Respectfully submitted,
Liam Garland, Acting Public Works Director
By,
Laurie Kozisek, Associate Civil Engineer
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Preliminary Issuance Letter
2. Preliminary Maps - FIRMs
3. Fact Sheet for the City
4. FEMA Publication 495
5. Current AMC Chapter XX Floodplain Management
6. 2009 FIRMettes (portions of FIRMs) showing currently mapped floodplain areas. Maps 06001C-0066G (Main St), 06001C-0067G (Tubes), and 06001C-0251G (Bay Farm Island)