To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Nathan Quarles (707) 565-1146
Vote Requirement: 4/5th
Supervisorial District(s): First, Second, Third and Fifth
Title:
Title
Contract for Todd Creek Flood Insurance Study
End
Recommended Action:
Recommended action
A) Authorize the Director of Permit Sonoma to execute an agreement with R&F Engineering, Inc. to conduct a flood insurance study for an amount not to exceed $145,000, and find the action exempt from the California Environmental Quality Act.
B) Approve budgetary resolution to adjust Fiscal Year 2022-23 Budget by $145,000 using General Fund Contingencies (4/5th Vote Required)
(First, Second, Third, and Fifth Districts)
end
Executive Summary:
In 2015 the Federal Emergency Management Agency (FEMA) produced a Flood Insurance Study (FIS) for the Todd Creek Watershed. The County viewed the study as incomplete because only half of the watershed was included so Sonoma County appealed the study. In 2020 FEMA conducted a second FIS for the remaining half of the watershed. Each of these studies was conducted independently, using differing methodology and were then joined together. The County appealed a second time, however missed the appeal deadline. FEMA rejected the County’s 2021 appeal and proceeded with the combined FIS, which is in effect today. FEMA has been apprised of our efforts to date. FEMA has indicated the process to amend an effective flood study and effective flood map is to provide a revised study which more accurately depicts the potential flooding impacts.
Flood studies affect property owners in several ways including land value, development, and insurance rates. Development regulations exist for properties in the floodplain and floodway that do not apply outside these zones. Further, the National Flood Insurance Program requires flood insurance for properties within a floodplain, which are financed by a federally backed mortgage financing instrument. For these reasons, it is critical that FEMA’s flood maps are accurate and reliable.
This item is seeking a budget adjustment requesting General Fund contingencies, and authorization for the Director of Permit Sonoma to execute a contract with R&F Engineering in an amount not to exceed $145,000- to produce a local FIS and flood insurance rate maps, in accordance with FEMA methods and procedures to support the Letter of Map Change application.
The requested actions are exempt from the California Environmental Quality Act (CEQA) because the activities are covered by the common sense exemption under Title 14 California Code of Regulations CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activities in question, which are a flood study and funding for a flood study, may have a significant effect on the environment, where no exception to the exemptions apply.
Discussion:
In 2015 FEMA released the preliminary FIS for the Todd Creek Channel (2015 FIS). On December 30, 2015, on behalf of Sonoma County, Permit Sonoma filed an appeal challenging the 2015 FIS because the 2015 FIS only studied the northern half of the watershed and did not account for storm drain infrastructure or the Wilfred Avenue Flood Control Channel in the southern portion of the watershed. These features could provide flood relief that was not considered. FEMA paused the study and set about to re-study the watershed.
On December 4, 2020, FEMA provided the County notice that a 90-day appeal period would start on December 18, 2020, following an earlier release of a second preliminary FIS for the Todd Creek Channel (2020 FIS). This notice did not reach appropriate staff due to the Covid pandemic limitations, which included lack of a physical presence to route mail, and inaccurate addressing contained in the FEMA notice. Due to these reasons, Permit Sonoma staff was unable to file a timely appeal. Permit Sonoma staff did submit an appeal letter citing technical reasons the 2020 FIS was deficient, as well as the noticing issues. However, FEMA denied the appeal due to timing, and continued processing the 2020 FIS.
FEMA did delay release of the effective maps and in the fall and early winter of 2021, County staff held numerous meetings with FEMA where technical concerns with the FIS were discussed. However, ultimately FEMA indicated that due to the missed deadline, FEMA would proceed with implementing the 2020 preliminary FIS. In December 2021, FEMA made the preliminary FIS final, and this new FIS went into effect July 19, 2022. FEMA has indicated the process to amend the effective flood study and effective flood map is to provide a revised study which documents are more refined or more accurate flooding impacts.
Staff propose to file a Letter of Map Change with FEMA including a County funded FIS as the technical supporting document. The Letter of Map Change acts as the application for flood study and flood map amendments. The revised study will provide a more accurate depiction of the potential flooding impacts in the Todd Creek Watershed.
On June 22, 2022, Permit Sonoma retained a private consulting firm, R&F Engineering, to conduct a review of the 2015 and 2020 FIS. On August 1, 2022, R&F Engineering provided their report which affirmed concerns of staff and the local community regarding the two FEMA studies. Concerns with the FEMA FIS include potential over estimating of the peak runoff, not including local storm drain systems, the use of two different models within one watershed, the floodway modelling not being centered on the channel and ending abruptly at the boundary of the two studies and the lack of model calibration.
On August 22, 2022, Permit Sonoma issued an RFP to conduct an independent FIS, on the County’s purchasing portal. Three proposals were received, and their Statements of Qualifications were evaluated and ranked by a review committee consisting of County Engineering staff.
The submissions were scored based on their responses to the following criteria: 1} experience; 2) professional qualifications; 3) completeness of responses; 4) effectiveness of process and work tasks proposed to perform services; and 5) local preference. The committee interviewed the consulting firms and selected R&F Engineering. Staff is requesting the Board of Supervisors authorize the Director of Permit Sonoma to execute the contract.
R&F Engineering provides civil engineering services focusing on water resources and flood management projects. Its principals have a combined 35 years of professional service having served numerous public agencies throughout California. Included in their proposal were several resumes as examples of flood mapping projects and FEMA related studies.
The revised FIS will follow protocols and methods established by FEMA and will also eliminate the missteps that the County feels led to an inaccurate FIS. The revised flood study should be a more accurate depiction of the potential flooding impacts.
The request for proposals required a 90-day timeline to complete the flood insurance study. The draft contract anticipates a started date of December 13, 2022, with a completed Letter of Map Change package to the County on or before April 1, 2023, at which time County staff will submit the map change request to FEMA for consideration. t is anticipated FEMA will need roughly six months to review, however, the contract extends to April 1, 2024, should the approval process become protracted.
Strategic Plan:
Not Applicable
Prior Board Actions:
Not Applicable
Fiscal Summary
|
Expenditures |
FY 22-23 Adopted |
FY23-24 Projected |
FY 24-25 Projected |
|
Budgeted Expenses |
|
|
|
|
Additional Appropriation Requested |
$145,000 |
|
|
|
Total Expenditures |
$145,000 |
|
|
|
Funding Sources |
|
|
|
|
General Fund/WA GF |
|
|
|
|
State/Federal |
|
|
|
|
Fees/Other |
|
|
|
|
Use of Fund Balance |
|
|
|
|
Contingencies |
$145,000 |
|
|
|
Total Sources |
$145,000 |
|
|
Narrative Explanation of Fiscal Impacts:
The estimated cost for these services will not exceed $145,000 total. The source of funds will be a reduction in Appropriations for Contingencies within the General Fund.
The General Fund Contingency Use Policy requires that contingency fund uses be evaluated during Budget Hearings and at mid-year unless there is an emergent need. These funds are being requested prior to the mid-year adjustment due to the erroneous flood maps in effect now which are currently affecting property owners with flood insurance requirements and development regulations.
Narrative Explanation of Staffing Impacts (If Required):
Not Applicable
Attachments:
Attachment A: Board Resolution
Attachment B: Todd Creek Watershed Map
Attachment C: R&F Engineering Todd Creek Watershed FIS Review 08/01/2022
Attachment D: Contract
Related Items “On File” with the Clerk of the Board:
Not Applicable