HomeMy WebLinkAboutAgenda Item - 2002-04-16 - Number 9.1.3 - 9. 1 .3
04/16/02
CITY OF LAKE OSWEGO
AGENDA REPORT SUMMARY
MEETING DATE: April 16, 2002
SUBJECT: Resolution of the City Council of the City of Lake Oswego Authorizing the
Mayor to Sign an Intergovernmental Agreement between the City of Lake
Oswego (City) and Clean Water Services (CWS) for the Tualatin Basin
Floodplain Restudy.
RECOMMENDED MOTION: Move to adopt Resolution 02-22 authorizing the Mayor to sign an
Intergovernmental Agreement between the City of Lake Oswego (City) and Clean Water Services
(CWS) for the Tualatin Basin Floodplain Restudy.
EST. FISCAL ATTACHMENTS: NOTICED (Date):
IMPACT:
• Komarek Council Report
$29,600 dated April 10, 2002.
STAFF COST: • Resolution 02-22
Ordinance no.:
BUDGETED: Resolution no.: 02-22
Y X N
Previous Council
FUNDING SOURCE: consideration: No
Surface Water
Management Fund
Y ENGINEER COMM. DEV. DIRECTOR CITY MA GER
/o /C /( 02
Date Date Date
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H\JOEL_K\Council\Feina_remap_agenda_checklist doc
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COUNCIL REPORT
OREGON
TO: Douglas J. Schmitz, City Manager
FROM: Joel Komarek,P.E., City Engineer
SUBJECT: Intergovernmental Agreement for the Tualatin Basin Floodplain Restudy.
DATE: April 10, 2002
Action
Staff requests the City Council to adopt Resolution 02-22 authorizing the Mayor to sign an
Intergovernmental Agreement between the City of Lake Oswego (City) and Clean Water Services
(CWS) for the Tualatin River Basin floodplain analysis and floodway mapping update.
Introduction
Two important and parallel efforts are currently underway related to floodplains located within the City's
Urban Services Boundary. These efforts are:
➢ FEMA/CWS Floodplain Analysis and Remapping-In May 2000, FEMA and CWS jointly
agreed to manage and fund an analysis and remapping effort of the floodplain for the Tualatin
River Basin. Last year, Congress appropriated$32 million dollars to initiate FEMA's Flood
Map Modernization plan, which FEMA estimates will cost more than$100 million per year for
the next 7 years. With the recent appropriation of federal funds, FEMA and CWS received
$390,000 to undertake the joint remapping effort. During the 1996 flood event, many properties
located along the Oswego Lake canal and surrounding the topographic depression along
Sycamore Avenue north of Childs Road(Rivergrove Gap) suffered flood related damage. At the
City's request, CWS and FEMA agreed to include the Rivergrove Gap and the entire length of
the Oswego Lake main canal within the project study area. The IGA between the City and CWS
will establish Lake Oswego's share of participatory costs, expand the study area to include areas
of interest to City, establish the study period and prescribe project deliverables
➢ Floodplain Standards Amendments-Title 3 of the Metro Urban Growth Management Functional
Plan, sets minimum performance standards for local governments related to the protection of
property located within federally designated Special Flood Hazard Areas(SFHA). To ensure
consistency with Title 3,the City of Lake Oswego's Planning Commission is currently
considering amendments to the City's floodplain standards. The proposed amendments, if
adopted, will modify the City's current floodplain development standards,which were codified
in 1987 shortly after FEMA completed its first Flood Insurance Study(FIS) in 1986.
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Council Report
Page 2 of 4
Background
In 1986,FEMA concluded a decade long study to investigate the existence and severity of flood hazards
in communities nationwide, including the City of Lake Oswego. The study results were used to develop
Flood Insurance Rate Maps (FIRM) that delineated Special Flood Hazard Areas (SFHA). Properties
located within a SFHA, are eligible to purchase federally subsidized flood insurance at or below actuarial
rates. Lenders require such insurance when financing properties located in a SFHA. Real estate located
within a SFHA is subject to minimum floodplain management requirements for communities
participating in the National Flood Insurance Program(NFIP). Portions of most properties that border
Oswego Lake, West Bay, Lakewood Bay, Oswego Canal,Blue Heron Canal, the Tualatin and Willamette
Rivers are located within the SFHA. Recent amendments to Statewide Planning Goal 7 require local
governments to participate in the NFIP. As a Participating Community, the City's current floodplain
standards reflect the federal regulations set forth in the Code of Federal Regulations—Title 44.
Discussion
The two projects described in the introduction section of this report share commonalities of purpose, yet
each is distinct in its respective scope of work. Commonalities include:
✓ Each share a common"driver"; that being the flood event of 1996.
✓ Each acknowledges that existing FIRM's do not account for new development patterns, zoning
and additional impervious area added to the basin since 1986.
✓ Each acknowledges that base flood elevations shown on the FIRM's do not reflect flood
elevations observed and recorded during the 1996 flood event.
✓ Each seeks as an end product, a set of updated, digital floodplain maps that reflect current
jurisdictional boundaries, the floodway elevation datum relative to the '96 flood and accurate
topographic features.
While the two projects currently underway share some common objectives, their respective goals exhibit
some differences. These differences include:
FEMA/CWS Restudy:
V The purpose of the Oswego Canal and Rivergrove Gap floodplain-mapping project is to
complete the engineering and surveying necessary to create a FIS submittal package for review
by FEMA. The updated FIS could be used by FEMA to generate updated FIRM's for the
Tualatin River Basin including the Oswego Canal and Rivergrove Gap.
✓ The FIS submittal package to FEMA would be science based and adhere to strict study
specifications enforced by FEMA.
✓ The maps produced from the study effort will be the property of FEMA, who will distribute and
regulate their use.
Floodplain Standards—Amendment Process:
✓ The purpose of the Floodplain Standards amendment process is to define a Flood Management
Area (FMA)that is subject to an amended Flood Management Area Ordinance. The City's
existing ordinance would be amended to be consistent with Statewide Planning Goal 7,Metro's
Title 3 requirements and CFR Title 44.
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Council Report
Page 3 of 4
✓ In contrast to the FEMA/CWS restudy, the FMA and related standards are being developed in a
collaborative public process involving citizen and agency stakeholders. No rigorous scientific or
hydraulic analysis is contained within the scope of work to develop the FMA. The FMA process
simply overlays the 1987 FEMA maps with the base flood boundary observed and recorded
during the 1996 flood.
Impact of Respective Study Efforts
Benefits for each effort include:
✓ Development of new digital maps with current topography,jurisdictional boundary's and flood a
elevation datum relative to the 1996 flood.
✓ Accurate flood maps can help reduce the risk to citizens and property by providing the necessary
tools to help cities make informed decisions about development.
✓ Floodplain maps assist local officials in determining where to locate critical facilities, evacuation
routes and natural resource management.
✓ LOC 50.44.035 requires a registered professional engineer or surveyor to submit a survey
documenting the 100-year flood boundary as part of the pre-application process for development
proposed within the floodplain. New, accurate maps may allow some property owners to avoid
the expense of a survey.
✓ New, accurate maps will confirm the need for certain property owners to purchase or maintain
flood insurance. It may also indicate that certain owners do not need flood insurance.
✓ This FEMA/CWS study and the associated maps will be valuable tools that are used on a daily
basis to provide guidance for community development and important decision-making
information to staff, current and potential homeowners,realtors, insurance companies, and
developers.
V Land use decisions based upon the 1987 FIRM's may increase the risk of exposure to legal
action as a result of post decision flood related property damage. Decisions based upon the use
of more accurate maps may reduce this risk.
Potential Liabilities for each effort include:
✓ The FEMA/CWS remapping effort will likely confirm that new, upstream development since
1986 has translated into an increase in the base flood elevation along the Tualatin River and
Oswego Canal. The increased flood elevations may mean more properties are subject to
floodplain regulations.
✓ Absent removal of existing non-conforming structures located within the floodplain,FEMA may
deny coverage to those properties or alternatively, increase flood insurance rates.
Conclusion
The FEMA/CWS remapping effort for the Tualatin River Basin is currently underway and will continue
with or without the inclusion of the Oswego Canal and Rivergrove Gap in the study area. The
similarities/differences and benefits/liabilities of each of the City's floodplain related projects have been
noted above. These efforts appear consistent with the current administration's goal of facilitating
mapping modernization efforts between local governments and FEMA and the National League of Cities
position in support of pre-disaster mitigation.
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Council Report
Page 4 of 4
Recommendation
Based upon the foregoing,it is staff's recommendation that the City Council support modernization of
floodplain maps and authorize the Mayor to sign an Intergovernmental Agreement between the City of
Lake Oswego (City) and Clean Water Services (CWS) for the Tualatin Basin Floodplain Restudy.
Alternatives
1.) Adopt Resolution 02-22 authorizing the Mayor to sign an Intergovernmental Agreement
between the City of Lake Oswego (City) and Clean Water Services (CWS) for the Tualatin
Basin Floodplain Restudy.
2.) Do not adopt Resolution 02-22 authorizing the Mayor to sign an Intergovernmental
Agreement between the City of Lake Oswego (City) and Clean Water Services (CWS) for
the Tualatin Basin Floodplain Restudy.
Glossary of Terms
Base flood elevation: -The base flood elevation(or 100-year flood) is the flood surface water elevation
from a flood event, which has a 1%chance of being equaled or exceeded in any given year.
Floodplain: -The elevation reached by floodwaters. In this community the term may be applied either
to base flood elevations as mapped by FEMA,or 1996 flood elevations, which are generally regarded as
considerably above the 100-year base flood elevation.
Floodway: -The portion of the floodplain where floodwaters move fastest and where risks to life or
property are the greatest. The floodway is the channel of a stream plus any adjacent floodplain areas that
must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial
increase in flood elevations.
Special Flood Hazard Area: -The area subject to flooding by the 1% annual chance flood.
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H\JOEL_K\CounclITema_remap_COUNCRI I doc
RESOLUTION 02-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT
BETWEEN CLEAN WATER SERVICES (CWS) AND THE CITY OF LAKE OSWEGO
(CITY)FOR THE TUALATIN BASIN FLOODPLAIN RESTUDY.
WHEREAS, the parties hereto have the authority to enter into this Agreement pursuant to their
respective principal acts and ORS 190.003 et seq.; and
WHEREAS; the City is a participating Community in the National Flood Insurance Program
(NFIP); and
WHEREAS; the City is responsible for flood management in the Tualatin River system within its
jurisdiction; and
WHEREAS; many of the properties under City jurisdiction, located in the Dogwood/Sycamore
Road(s) area and properties abutting the Oswego Canal are situated within the Federal
Emergency Management Agency (FEMA) designated floodplain; and
WHEREAS; many of said properties experienced flooding in February of 1996; and
WHEREAS; CWS is registered as a Cooperating Technical Partner(CTP) with FEMA for the
purpose of remodeling and remapping the floodway and floodplain of selected Tualatin Basin
streams and sections of the Tualatin River; and
WHEREAS; CWS has entered into Memorandum of Agreement with FEMA to complete
hydrologic and hydraulic analysis and floodplain mapping for the Tualatin River and major
tributary streams; and
WHEREAS; the results of this remapping effort will benefit the City in assessing community
safety as it relates to potential future flooding events; and
WHEREAS, the parties desire to enter into this Agreement, in the interest of furthering economy
and efficiency of local government and agree to reimburse CWS's payments for services
performed on behalf of the parties;
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Oswego
authorizes the Mayor to sign the attached Intergovernmental Agreement, confirming its intent to
join efforts with Clean Water Services for the Tualatin Basin Floodplain Restudy
Considered and enacted by the City Council of the City of Lake Oswego at a regular meeting
held on the day of April 2002.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Judie Hammerstad, Mayor
ATTEST: Robyn Christie, City Recorder
APPROVED AS TO FORM:
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City Attorney
Attachment: •
Intergovernmental Agreement
Attachments are available for review
in the City Recorder's Office.
Resolution 02-22
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