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HomeMy WebLinkAboutAGENDA REPORT 2005 1005 CC REG ITEM 09GITS 9. G. CITY OF MOORPARK, CALIFORNIA Pity Council Meeting Of l0 -03 aon3 ACTION: MOORPARK CITY COUNCI • AGENDA REPORT TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works = DATE: September 23, 2005 (Council Meeting 10 -5 -05) SUBJECT: Consider Scheduling a Public Meeting to Review and Discuss the Proposed New Digital Flood Insurance Rate Map [ DFIRM] BACKGROUND For the past several years, the Ventura County Watershed Protection District [VCWPD] has been working with the U. S. Army Corp of Engineers [COE], the Federal Emergency Management Agency [FEMA] and their consultants, on a new Hydrology Study for the Calleguas Creek Watershed and on FEMA's development of a new Digital Flood Insurance Rate Map [ DFIRM] for all of Ventura County. That effort is nearing completion. DISCUSSION A. New Floodway Boundaries The recently completed Hydrology Study for the Calleguas Creek Watershed yielded data which indicates that peak storm flows will far exceed the capacity of the Arroyo Simi Channel through the City of Moorpark. As a result, the new DFIRM will show the boundaries of the Floodway to be far greater than those shown on the current 1986 Flood Insurance Rate Map [FIRM]. A representation of 1986 FIRM and the draft (to -be- adopted) DFIRM are attached as Exhibits 1 and 2. B. Public Review Period Staff has been advised that it is the intent of FEMA to publish notice in the local newspaper advising Moorpark residents that a new draft DFIRM has been completed for the City of Moorpark and that there will be a ninety (90) day review period to receive comments from interested parties. It is anticipated that this review period will start in early November. FIRM_0510 00i;�GI Flood Insurance Rate Map [FIRM] October 5, 2005 Page 2 C. Appeal Process Anyone can file an appeal with FEMA objecting to information set forth on the DFIRM. However, in order to be given any consideration, such an appeal must present facts which are contrary to the facts used by FEMA and its consultants to produce the FIRM. Should an individual or a public agency retain a consultant expert to analyze the data used by FEMA, and should that expert conclude that certain of the findings or assumptions are incorrect or in question, that individual or public agency could file a formal appeal which would be given serious consideration by FEMA. Staff is investigating the feasibility, cost and benefits of retaining a consultant to review and critique the data and assumptions used by the VCWPD and FEMA in determining the water surface elevations (WSE) which generated the floodway boundaries on the draft DFIRM. When more is known about this possible future effort by the City, a recommendation will be provided to the City Council. D. Flood Insurance The proposed floodway boundaries on the new DFIRM add a large number of properties to the Floodway. If the DFIRM is approved and adopted substantially unchanged, real estate lenders will require, as a prerequisite to maintaining existing and /or approving any new real estate loans, affected properties to obtain Flood Insurance. E. Public Meetin It is the recommendation of staff that a public meeting be convened to discuss the new DFIRM with affected property owners. If approved and scheduled by the City Council, a Notice of the meeting would be posted and published, and a copy of the Notice would be mailed to every property owner and resident in the City. F. Purpose of Meeting The primary purpose of the meeting would be to provide information to the public about the new DFIRM and options available to seek and obtain flood insurance. Representatives of both FEMA and the VCWPD would be in attendance to discuss how the new DFIRM was developed, the resultant revised floodway boundaries and the advisability and availability of Flood Insurance. FIRM_0510 00 0 �6+� Flood Insurance Rate Map [FIRM] October 5, 2005 Page 3 G. Mitigation Studies and Protects At the above mentioned meeting the VCFCD will also discuss their recent efforts to develop a number of projects designed to increase the capacity of the Arroyo Simi channel through Moorpark. To that end, the VCWPD has filed application with FEMA for funding for the design and construction of one or more projects of this nature, and continues to work with FEMA to seek approval of these grant sources. The goal of these efforts would be the design and construction of various channel improvement projects which would render the Arroyo Simi channel capable of containing one - hundred year storm flows through the City. If that were to be accomplished, a Conditional Letter of Map Revision [CLOMR] could be prepared and presented to FEMA, which would result in the removal all of the properties adjacent to the channel from the floodway. STAFF RECOW4ENDATION 1. Set November 9, 2005, as the date of a Public Meeting to discuss the new DFIRM. 2. Direct staff to publish a notice of this Public Meeting in the local newspaper. 3. Direct staff to mail said notice to all property owners and residents in the City. FIRM 0510 0 !, 0 + �} €��G3 '--------------'---- `--r-�—'- -/ � v �OzL�y� n n� C� Al n uz *° . '-- n� C� uz *° . '-- xf{f Federal Emergency Management Agency EXHIBIT 3 Washington, D.C. 20472 www.FEMA.gov FREQUENTLY ASKED QUESTIONS REGARDING THE EFFECT THAT REVISED FLOOD HAZARDS HAVE ON EXISTING STRUCTURES Whatfactors determine flood insurance premiums? A number of factors determine premiums for National Flood Insurance Prop-ram (NFIP) flood insurance coverage. Major factors include the amount of coverage purchased; the deductible; and the location, age, occupancy, and type of building. For newer buildings in floodplains, the elevation of the lowest floor relative to the elevation of the 1% annual chance flood can also be used to rate the policy. My house is not in a floodplain according to the current map, but the new map will show it as being in a floodplain. Will I have to purchase flood insurance when the new map officially takes effect? If you have Federal or federally related financing for the property in question and you do not already have flood insurance, your lender may contact you once the new map takes effect and require that you purchase flood insurance. If you do not purchase the insurance within 45 days after being informed that flood insurance is required, the lender can force place the insurance and charge you for the cost of it. If you dispute the lender's determination that your property is located in a floodplain, you and your lender can jointly request a Letter of Determination Review from the Federal Emergency Management Agency (FEMA) within 45 days of being informed by your lender that your property is located in a floodplain. If you have insurance before the new maps take effect, the basis for rating that policy remains unchanged (i.e., you can use the rate that was charged to you when your property was located outside the floodplain). I have flood insurance, and any house is in a floodplain according to the current map. The new map, however, will show my house as being outside the floodplain. Will I have to continue carrying flood insurance when the new map officially takes effect? If you have Federal or federally related financing for the property to question, you will no longer have a Federal requirement to purchase flood insurance when the new maps take effect; however, lenders retain the prerogative to require flood insurance, even for property that is not in a floodplain. if you wish to continue coverage once the new maps take effect, you may be eligible for preferred risk rates based on your property being outside the floodplain. you should have your policy re -rated using the new maps, which should lower your premium. Even if you are not required to purchase flood insurance, we encourage homeowners to continue coverage at the preferred risk rates, because you may be flooded by an event greater than the 1 % annual chance event. My house was built to the flood elevation shown on the current map (or a previous map). O» the new map, my house will remain in the floodplain, but the flood elevation will increase. What will happen to my insurance premium when the new map of icially takes effect? If you can show that your house was built in compliance with local floodp gin management regulations and the flood map in effect at the time of construction, the basis for rating your policy does not change and your premium will be the same. If you cannot show that your house was built in compliance at the time of construction, your policy will be re -rated using the new flood map, which may raise your premium. However, if you can show that your home has been continuously insured since before the map change, your premium will not be affected. If you do not have Federal or federally related financing, you are not required by Federal regulations to have flood insurance, although it is available to you. MT -TS -HS 06/13/01 0 00�GG My house was built to the flood elevation shown on the current map (or a previous map). On the new map, my house will remain in the floodplain, but the flood elevation will decrease. What will happen to my insurance premium when the new map officially takes effect? You should contact your insurance agent to ensure that the policy is re -rated when the new map officially takes effect. The lower flood elevation may result in a lower premium. My house is in a floodplain according to the current map. On the new map, my house w remain in the floodplain, but the flood elevation will be increased. Will my house considered to be in violation of NFIP regulations when the new map officially takes effect? Any house that can be shown to have been built in compliance with local floodplain management regulations and the flood map at the time of construction will continue to be considered compliant, even if the new maps will show an increase in flood elevation or a charge to a more restnctive zone designation. However, should your house be substantially damaged (damage is 50% or more of the pre - damage market value) and you wish to repair it, you will be required to bring the entire structure into compliance with the zone designation and flood elevations in effect at the time the repairs take place. If the structure is less than substantially damaged, you do not need to refer to the flood map when repairing damages. Please note, however, that there may be more stringent state or local requirements that take precedence over those stated here. Regardless of whether your building is substantially damaged, you will likely need a building permit to make repairs and need to contact your local building official. My house is in a floodplain. If'hat do I do if I want to build an addition or otherwise improve it? If the value of the addition or improvement to the house is less than 50% of the market value of the existing structure, you need only make sure that the improvement meets or exceeds the standards that were used in constructing the existing structure (assuming the existing structure was buuilt in compliance at the time it was constructed). Additions or other improvements valued at 50% or more of the market value of the existing structure are considered substantial improvements. In such cases, the entire structure must be brought into compliance with the elevations on the map in effect at the time the improvement begins. Under certain circumstances only the addition needs to be elevated to the flood elevations shown on that map. Please note, however, that there may be more stringent state or local requirements that take precedence over those stated here. Regardless of whether your building is substantially improved, you will likely need a building permit to make the improvement and need to contact your local building official. For Coastal Areas Only My house was built in Zone AE to the flood elevation in effect at the time of construction. On the new map, my house will remain in the floodplain, but the zone designation will be changed to Zone VE. What will happen to my insurance premium when the new map officially takes effect? If you can show that your house was built in compliance with local floodplain management regulations and the flood map in effect at the time of construction, the basis for rating your policy does not change and your premium will be the same when the new map officially takes effect. If you cannot show that your house was built in compliance at the time of construction, your policy will be re -rated when the new map takes effect using the new flood zone designation and flood elevations, which may raise your premium. However, if you can show that your home has been continuously insured since before the map change, your premium will not be affected. My house is shown as being in Zone VE on the current map. On the new map, my house will remain in the floodplain but the zone designation will be changed to Zone AE. What will happen to mt• insurance premium when the new inap officially takes effect? You should contact your insurance agent to ensure that the policy is re -rated when the new map officially takes effect. The change to a Zone AE designation will likely lower your premium. MT -TS -HS 06/13/01 0003G7