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TO:
TO: BOARD OF SUPERVISORS ...-
oT N J� County
FROM: TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Supervisor Gayle B. Uilkema, Chair
Supervisor Federal Glover
DATE: January 8, 2008
SUBJECT: REPORT ON WATER.AND FLOOD CONTROL LEGISLATION SIGNED BY THE
GOVERNOR IN 2007
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
ACCEPT Report on Water and Flood Control legislation signed by the Governor in 2007,
as recommended by the Transportation, Water & Infrastructure Committee.
FISCAL IMPACT
There is no fiscal impact to the County in acceptance of the informational report.
However, there will be some (as yet undetermined) impacts to the County from the
recently-passed legislation.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR x RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): -
Su rvisor ale B. Uilkema, Chair Supervisor Federal Glover
ACTION OF BOARD O U pIZCCO APPROVED AS RECOMMENDED / OTAER
7UNANIMOUS TE OF SUPERVISORS
,�{ I HEREBY CERTIFY THAT THIS IS A TRUE
(ABSENT � ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Roberta Goulart (925) 335-1226) ATTESTEIDJOLAU" Sj
cc: Community Development Department (CDD) JOHN CULLEN, CLERK OF
County Administrator Office (CAO) THE BOARD OF SUPERVISORS
Public Works Flood Control AND COUNTY ADMINISTRATOR
County Counsel ' / 1
BY Pte/ <6 , DEPUTY
BACKGROUND/ REASONS FOR RECOMMENDATION
Due to the precarious situation in the Delta today, the County has been actively monitoring
.legislation related to water, flood control, land use and the delta. In 2006, the County took
positions on a large number of these types of bills, most of which died late in the legislative
session. Many of these bills were reintroduced in early 2007 in the same or similar form,
along with some additional bills. The TWIC reviewed a number of these bills, recommended
positions to the Board and the Board approved same in April 2007. A number of these bills
were later signed into law by the Governor; three bills which could affect the County in some
way are noted below.
This is an informational item, as these bills will become effective in January 2008. A County
interdepartmental team has been meeting to discuss the legislation and its potential effects.
The team will continue to meet to determine how the legislation might affect the County in
general, and more specifically, the County's land use planning process. Additional detail will
be provided after the team engages in additional review and as additional information is
forthcoming from state agencies involved in aspects of the new laws.
SB 5 - This new law requires the Department of Water Resources (DWR) and Central
Valley Flood Protection Board (formerly State Reclamation Board) to prepare and
adopt a Central Valley Flood Protection Plan (CVFPP) by 2012, and establishes
certain flood protection requirements for local land use decision-making based on the
CVFPP. The law sets a higher standard for flood protection for the Sacramento-San
Joaquin Valley area, which covers all of the Delta region in the County and possibly
further inland depending on how one interprets the law. It sets an urban level of flood
protection necessary to withstand a 1 in 200 chance of occurring in any given year
(200 yr. flood) for an urbanizing area (developed or planned population of 10,000).
The new law directs DWR to prepare 100 yr. and 200 yr. floodplain maps by July 2008
as the basis for preparing the CVFPP. Upon adoption of the CVFPP, the County has
24 months to incorporate CVFPP measures into the General Plan, and 36 months to
incorporate CVFPP measures into the Zoning Code. On the effective date of those
amendments. the County would be prohibited from entering into a development
agreement within a flood hazard zone unless certain findings are made with
substantial evidence or to approve a subdivision map within a flood hazard area
unless certain findings are made with substantial evidence. Additionally, it requires the
California Building Standards Commission to update the uniform building code in
relation to structures built within flood hazard where levels are expected to exceed 3ft.
above a 200 yr. flood event. It also requires the County to collaborate with cities to
develop flood emergency response plans.
Comment: The legislative review team will examine and outline possible approaches
for the County during the interim period until CVFPP is adopted, and will consider
recommending interim policies or measures related to land use approvals within the
subject areas.
AB 70 - This new law establishes that the County could be required to contribute its
fair and reasonable share of the property damage caused by a flood if the County has
increased the state's exposure to liability from property damage by unreasonably
approving new development in a previously undeveloped area that is protected by a
state flood control project.
Comment: The team does not believe that this directly affects the County, because
there are no state flood control projects located within the County. The team also
notes that the law would shield a city or county from liability if it complies with the
CVFPP requirements per SB 5.
AB 162 - This new law requires the County to update certain General Plan elements in
conjunction with the next revision to the Housing Element (by 2009), including; an
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update to the Safety Element for the flood hazard information and maps (specifically
200 yr. floodplain map) in the Safety Element to the General Plan; update to
Conservation Element to identify rivers, creeks, streams, flood corridors, riparian
habitat, and land that may accommodate floodwater for purposes of groundwater
recharge and stormwater management; and, update to Land Use Element to identify
and annually review those areas that are subject to flooding as identified in floodplain
mapping by the Federal Emergency Management Act (FEMA) or DWR.
Comment: The new law means more maps or other figures for the General Plan. The
team will inventory existing maps and other data that would help County to meet
requirements of the law. The team believes that it would be reasonable to develop the
new mapping in conjunction with the Housing Element update, as there already exists
extensive base data at Flood Control or mapping through the Watershed Atlas (this
might be incorporated by reference for the Conservation Element). The team expects
that the state will be'preparing guidance for local jurisdictions in how to meet the
requirements of this new law.
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