HomeMy WebLinkAboutRES NO 155-06
RESOLUTION NO. 1 5 5 - 0 6
A RESOLUTION OPPOSING ASSEMBLY BILL 1899
(WOLK) RELATING TO FLOOD PROTECTION
ASSESSMENTS FOR NEW DEVELOPMENTS.
WHEREAS, Assembly Bill 1899 ("AB 1899") will require certain California
Environmental Quality Act ("CEQA") reviews to include flood protection assessments as
a condition of project approval for subdivisions and parcel maps; and
WHEREAS, under AB 1899, any project to be constructed in the Sacramento or
San Joaquin River watersheds (which includes the Kern River) must undergo such flood
protection assessment as part of the governmental entity's review process; and
WHEREAS, if a project triggers environmental review, the governmental entity is
required to forward a copy of the tentative map to either the State Department of Water
Resources ("DWR") or the Reclamation Board (''the Board") for review; and
WHEREAS, the DWR or the Board will have ninety days to review the project
and determine if the project meets or will meet the 200-year flood protection standards
or will be able to meet them within five years of the final recordation of any map; and
WHEREAS, DWR, the Board and the Federal Emergency Management Agency
("FEMA") have not prepared 200-year flood plain maps for the Kern River through
Bakersfield; and
WHEREAS, according to a letter of concern prepared by the Regional Council of
Rural Counties, the California Chapter of the American Planning Association and the
California State Association of Counties and sent to the author of A.B. 1899, the U. S.
Army Corps of Engineers has a 200-year composite floodplain map, but it does not
address traditional design-event floodplains, so it mayor may not be representative of
what would likely occur in the event of a flood; and
WHEREAS, AB 1899 does not indicate what maps should be relied
making the determination; and
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WHEREAS, until all entities arrive at one consistent form of mapping, this
legislation is premature; and
WHEREAS, AB 1899 will increase the cost of processing subdivision maps and
will certainly slow the process down; and
WHEREAS, even though it is defined as a state-mandated local program, the
legislation requires cities and counties to raise fees to offset the cost of providing the
flood protection assessment; and
WHEREAS, as written, AB 1899 will do nothing to prevent levee failure, prevent
a catastrophic flood or add flood protection to existing developments; and
WHEREAS, the Legislature would be better suited to look for ways to improve
and strengthen the levees that are in place and concentrate on flood prevention.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
BAKERSFIELD AS FOLLOWS:
1 . The above recitals are true and correct;
2. The City of Bakersfield opposes adoption of Assembly Bill 1899 (Wolk) as
it is currently drafted and urges the Assembly to defeat the Bill if it ever
comes before them for a vote.
3. Staff is instructed to forward a copy of this Resolution to our local
Assemblypersons and any committee member before whom AB 1899 is
placed for a vote.
4. Staff is additionally authorized to draft letters in opposition and forward
them to the appropriate members of the Assembly or Senate, if the Bill is
forwarded to the Senate.
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I HEREBY CERTIFY that the foregoing Resolution was passed and 2j\mtedfro06
the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
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COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER: ""Vv\ ^ _ _ ~l
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CITY CLERK and Ex Offl 10 Clerk of the
Council of the City of Bakersfield
APPROVED
JUN 7 2006
By
HARVEY L. HALL
Mayor
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: c... . ¡{.t. c( '(l d x.4t..
JANICE SCANLAN
Assistant City Attorney
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