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County approves flood maps

By

Record Staff Writer

January 31, 2007 6:00 AM

STOCKTON - Flood-protection maps that will help developers build nearly 10,000 homes on flood plains outside Stockton were narrowly approved by San Joaquin County supervisors on Tuesday - on the condition that the county not be held responsible for flood damage.

The county Board of Supervisors also scheduled a hearing in mid-February to discuss whether it should continue to review such documents for developments that will be swallowed by Stockton and other cities. Some officials fear the county opens itself to financial liability in the event of a devastating flood by reviewing the plans and submitting them to the Federal Emergency Management Agency, known as FEMA, on behalf of cities that will annex the property.

The board voted 3-2 to approve flood-protection maps for a 7,000-home Grupe Co. development on Shima Tract west of Stockton and a 3,000-home project on the east Stockton site of the Stockton 99 Speedway and Oakmoore Golf Course. Officials included disclaimers they hope will minimize the county's liability in a flood, but Supervisor Larry Ruhstaller questioned whether FEMA would allow such fence-sitting.

"It seems like we're trying to waffle here and hope they won't catch us," said Ruhstaller, who voted against the proposal with fellow newcomer Ken Vogel.

Representatives from Grupe and the group of developers involved with the Oakmoore project lobbied the board to approve the maps on Tuesday, saying waiting for Stockton to annex the properties would delay construction for a year or longer. The city already tried to submit flood-protection plans for the Oakmoore project last year and was denied by FEMA because it is county property.

The county has approved such documents on the city's behalf for decades, said Steven Winkler, the county deputy public works director. The projects reviewed Tuesday are the first since widely publicized flood disasters such as the Jones Tract levee breaks and Hurricane Katrina, however.

They are also the first since state lawmakers sponsored legislation to place the financial burden of flood cleanup and damages on counties and other local governments. That bill died last year, but some fear it will be revived during the current session, said Public Works Director Tom Flinn.

It's not clear whether the county's disclaimer request will hold water with FEMA.

Contact reporter Greg Kane at (209) 546-8276 or gkane@recordnet.com.

Flood map liability worries

S.J. County fears approvals could leave it vulnerable

By

Record Staff Writer

January 30, 2007 6:00 AM

STOCKTON - San Joaquin County officials fear their role in approving flood-protection maps for housing developments destined to be swallowed by Stockton and other cities will leave the county liable for damages in the event of a catastrophic flood.

Local governments and the Federal Emergency Management Agency are required to sign off on drainage and flood-protection plans before developers can build on properties considered flood plains. These requirements, known as "remapping," are meant to ensure an area is safe from a levee break or other flood disaster before homes and businesses can be built, officials said.

Usually, the local government involved in remapping is the same that will have jurisdiction in the planned community. But the county sometimes is asked to act as a go-between when unincorporated areas scheduled for annexation have their flood reviews.

The county Board of Supervisors today will consider submitting remapping documents for two such projects: a proposed 7,000-home subdivision by The Grupe Co. on Shima Tract, west of Stockton; and a development along the Stockton Diverting Canal near Highway 99.

The board also is scheduled to discuss whether to continue signing off on remapping documents for projects that eventually will be annexed by cities. Officials fear the county's signature on those documents could leave it on the hook financially if the properties flood, County Administrator Manuel Lopez said.

"Something like Katrina or Jones Tract does make this more of a concern to the county," Lopez said, referring to the hurricane that destroyed levees in New Orleans in 2005 and to the Delta island that flooded after a levee broke in 2004.

Stockton can't conduct the local portion of the remapping process because it hasn't yet annexed the properties. City officials tried to do so last year with the smaller of the two projects going before the board today but were rejected by FEMA, county officials said.

That project, backed by such developers as Meritage Homes, Kimball Hill Homes and Legacy Development, unofficially proposes as many as 3,000 homes on the site of the Stockton 99 Speedway and the nine-hole Oakmoore Golf Course, east of Stockton, said David Stagnaro, a senior planner with the city. Developers have proposed improving flood protection on the site, which sits at the confluence of the canal and the Calaveras River, through a series of basins and drainage measures, he said.

The other project, on Shima Tract, is Grupe's proposed Sanctuary project. The developer has proposed building up levees around the development to the level of 300-year protection, county officials said.

When levees broke in the past, the state and federal governments typically paid for most of the cleanup and other repair costs, said Board of Supervisors Chairman Victor Mow, whose district includes much of the Delta.

In the past few years, however, state lawmakers have tried passing legislation that would shift financial responsibility for such disasters to local governments. If that happens, local governments will have to be more vigilant about which areas they are responsible for maintaining, Lopez said.

Contact reporter Greg Kane at (209) 546-8276 or gkane@recordnet.com.