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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/28/2014 - COMPLETE AGENDACity of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro-Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Steve Roy Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. City Council Adjourned Meeting January 28, 2014 6:00 PM  CALL MEETING TO ORDER  ROLL CALL 1. Council will consider a motion to adjourn into Executive Session.  OTHER BUSINESS  ADJOURNMENT CITY COUNCIL City of Fort Collins Page 1 Karen Weitkunat, Mayor Council Information Center (CIC) Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Darin Atteberry, City Manager Steve Roy City Attorney The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. City Council Work Session January 28, 2014 (after the City Council Adjourned Meeting) CALL TO ORDER. 1. 2013 Flood After Action Report. (staff: Ken Sampley, Jon Haukaas, Kevin Gertig, Mike Gavin; 20 minute discussion) The purpose of this item is to provide an early retrospective on the 2013 Fort Collins Flood while identifying programs and activities that worked well, areas needing improvement, and suggested improvement actions. The event demonstrated that flooding can and will occur along the Poudre River or in our other drainage basins such as Spring Creek, Old Town and Dry Creek if significant rainfall events occur. There were many reasons why the damages were not more severe along the Poudre River. Had this type of rainstorm occurred within the City limits instead of to the west, there would have been significant flooding damages and increased risk to life safety. The September 2013 flood in Fort Collins was caused by a convective rain storm over Fort Collins and the Poudre River watershed that delivered in certain locations up to nearly 12 inches of rain from September 9 through September 16, 2013. The High Park Fire burn area west of Fort Collins received the highest precipitation in the lower Poudre watershed, which contributed substantial amounts of debris and sediment to the Poudre River channel. Much of this debris washed into Fort Collins. This report has been categorized as follows: • Flood Event Overview; • Context of the Flood; • What Went Well; • Areas Needing Improvement; • Suggested Improvement Actions; and, • Support Needed. CITY COUNCIL City of Fort Collins Page 2 The formal “After Action Review” will be developed and presented to the State of Colorado Office of Emergency Management and the Federal Emergency Management Agency. It will be used as a tool to assist the City of Fort Collins in Emergency/Disaster Management and assist in the acquisition of state and federal mitigation funding. 2. Boxelder Basin Regional Stormwater Authority Update. (staff: Jon Haukaas, Ken Sampley; 30 minute discussion) Boxelder Basin Regional Stormwater Authority (BBRSA) was formed by Intergovernmental Agreement (IGA) in 2008 with the purpose of funding and implementing regional stormwater improvements. BBRSA Members include Fort Collins, Larimer County, and Wellington. Timnath is a financial partner by separate IGA with the BBRSA. There are three remaining projects scheduled for completion by July 2015 with an estimated total cost of $11.75 million: (1) Construction of a detention facility on the east side of I-25; (2) a flood control crossing of the Larimer & Weld Canal; and (3) improvements to CR52 to prevent road overtopping. The BBRSA has received low interest loans from the Colorado Water Conservation Board (CWCB) that can be used for property acquisition and regional stormwater project design and construction costs. A new IGA is required between Fort Collins, Larimer County and Timnath to fund a portion of the costs associated with improvements at County Road 52. The three parties have agreed to share equally in splitting the estimated ($1.04 Million). The updated Benefit/Cost Ratio for the BBRSA projects is 3.95. Such a high B/C ratio demonstrates the dramatic benefits of these regional improvements. 3. Water Shortage Management Action Plan Update. (staff: Laurie D'Audney, Lisa Rosintoski, Donnie Dustin; 45 minute discussion) The purpose of this work session is to provide Council with an update about the 2013 Water Shortage Management Action Plan (WSMAP). The WSMAP is a comprehensive planning document that was used to guide the key activities as water restrictions were implemented as outlined in the Water Supply Shortage Response Plan. The WSMAP combines water supply monitoring (which determines the water restriction level), violation management, communications and public engagement to provide a roadmap for successful implementation of the water restrictions. The work session discussion will include the outcomes of Fort Collins Utilities’ implementation of the 2013 WSMAP and next steps for updating the Water Supply Shortage Response Plan, and associated changes to the Municipal Code. OTHER BUSINESS. ADJOURNMENT. DATE: STAFF: January 28, 2014 Ken Sampley, Stormwater/Floodplain Program Mgr Jon Haukaas, Water Engr Field Operations Mgr Kevin Gertig, Water Resources/Treatment Operations Manager Mike Gavin, PFA Battalion Chief WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION 2013 Flood After Action Report. EXECUTIVE SUMMARY The purpose of this item is to provide an early retrospective on the 2013 Fort Collins Flood while identifying programs and activities that worked well, areas needing improvement, and suggested improvement actions. The event demonstrated that flooding can and will occur along the Poudre River or in our other drainage basins such as Spring Creek, Old Town and Dry Creek if significant rainfall events occur. There were many reasons why the damages were not more severe along the Poudre River. Had this type of rainstorm occurred within the City limits instead of to the west, there would have been significant flooding damages and increased risk to life safety. The September 2013 flood in Fort Collins was caused by a convective rain storm over Fort Collins and the Poudre River watershed that delivered in certain locations up to nearly 12 inches of rain from September 9 through September 16, 2013. The High Park Fire burn area west of Fort Collins received the highest precipitation in the lower Poudre watershed, which contributed substantial amounts of debris and sediment to the Poudre River channel. Much of this debris washed into Fort Collins. This report has been categorized as follows: • Flood Event Overview; • Context of the Flood; • What Went Well; • Areas Needing Improvement; • Suggested Improvement Actions; and, • Support Needed. The formal “After Action Review” will be developed and presented to the State of Colorado Office of Emergency Management and the Federal Emergency Management Agency. It will be used as a tool to assist the City of Fort Collins in Emergency/Disaster Management and assist in the acquisition of state and federal mitigation funding. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council have specific questions regarding Fort Collins floodplain management program or the 2013 Flood Response and Recovery? 2. Does Council concur with the proposed list of suggested improvement actions? BACKGROUND / DISCUSSION FLOOD EVENT OVERVIEW This was the largest flood event on the Poudre River through Fort Collins since 1930. It was very unusual for September. The storm runoff was caused by an unusual combination of gulf-sourced moisture and an upper level low from the southwest. The rain cells were of unusually long duration. The greatest intensity was above the foothills and west into the lower mountains east of the Continental Divide. Parts of the High Park Fire Burn area 1 Packet Pg. 3 January 28, 2014 Page 2 in the Poudre River Watershed received almost 12 inches of rain in a 7-day period. This equates to between a 200- and 500-year event. For several counties in Colorado, the event resulted in both Presidential and State of Colorado Disaster Declarations. The storm event triggered the activation of the City’s Emergency Operations Center at the Utility Service Center (USC) Training Room on Thursday afternoon, September 12, 2013. Fort Collins’ City Manager issued an Emergency Declaration on Friday morning, September 13, 2013. Staff from Stormwater, Poudre Fire Authority (PFA), Stormwater Maintenance, Police, Public Information Office, Utilities Customer Connections, Senior Staff, and many others provided 24/7 monitoring and operations over the next several days. The Recovery Phase of the event kicked off on September 16, 2014. The City has requested funding from the Federal Emergency Management Agency (FEMA) to help with the flood response and recovery costs. The highest stream gage reading on the Poudre River at the canyon mouth was approximately 10,400 cubic feet per second (cfs). The flood waters almost overtopped College Avenue near its intersection with Vine Drive. The discharge indicates the event was approximately a 50-year flood (2% chance storm). That means there is a 2% chance of a storm of that size happening any given year. For reference purposes, the 100-year discharge (1% storm) on the Poudre River is 13,300 cfs. CONTEXT OF THE FLOOD Over the last several years, the Fort Collins area as well as much of Colorado has been in a “Drought.” Early in 2013, Fort Collins implemented a watering restriction policy based on the reduced mountain snowpack available and potential limited water supply. While Fort Collins did receive a substantial amount of precipitation in the form of snows in March and April of 2013, followed by summer rainfall, the drought designation sometimes results in increased public complacency about flooding. It must be stressed, however, that even during periods of drought, the potential for flooding remains. Staff realized the challenges that could occur from a flooding and erosion standpoint after last year’s devastating High Park Fire. The fire burned large areas of the upstream Poudre River watershed. As a result, there is the potential for dramatically increased storm runoff along with substantial increases in sediment and debris transport in the Poudre River. Accordingly, staff prepared and implemented a May 2013 Table Top exercise focused on a large storm event in the Poudre Canyon. Staff from Stormwater, PFA, Police, Streets, Natural Areas, the Colorado Department of Transportation (CDOT) and others gathered together to improve coordination and prepare for the exact situation that ended up occurring. Over the last several years, the City considered potential revisions to the Poudre River Floodplain Regulations. On July 1, 2013, City Council adopted Emergency Response and Preparedness Plan (ERPP) requirements for new development, redevelopment, additions, change of occupancy of structures in the Poudre River 100-Year floodplain. On November 19, 2013, City Council adopted new floodplain regulation requirements from the Colorado Water Conservation Board (CWCB). WHAT WENT WELL Flood Attenuation in Halligan and Seaman Reservoirs The Halligan and Seaman Reservoirs are situated on-line in the North Fork of the Poudre River and provided detention of storm runoff that reduced the peak flow in the Poudre River during this event. Halligan Reservoir had 833 acre feet of water (capacity 6,400 acre feet) at storm onset while Seaman Reservoir (located downstream of Halligan Reservoir) was at approximately seventy-five percent (75%) capacity of 5,000 acre feet. The City was fortunate in that both reservoirs stored appreciable peak runoff generated from heavy rainfall in this area before reaching full pool and spilling. If these reservoirs had been fuller, storm runoff peak flows on the Poudre River would have been higher and flooding in Fort Collins would have been greater. Seaman Reservoir began discharging over its spillway at midnight September 12, 2013 and peaked at 4:45 AM on September 13, 2013. As a result, downstream flow in the North Fork of the Poudre River climbed from 780 cfs to over 7,500 cfs during that time period. By the time Halligan reached its peak discharge of 1,000 cfs midnight 1 Packet Pg. 4 January 28, 2014 Page 3 on Sunday, September 15, 2013, the North Fork of the Poudre River below Seaman had dropped to 2160 cfs. This situation is not something that Fort Collins can count on to reduce potential flood flows from the Poudre River Watershed in the future. A map showing the general location of the reservoirs and key hydrologic information is provided on Slide 15 in the accompanying PowerPoint presentation. Floodplain Management The City of Fort Collins has a comprehensive floodplain management program. It ranks as one of the top programs nationwide under FEMA’s Community Rating System, resulting in flood insurance discounts of up to 30%. Many tools are used in floodplain management including regulations, capital projects, acquisition programs, open space preservation, flood warning systems and drainage system maintenance. A more detailed description of these components and examples of their application to the 2013 Flood are included as Attachment 1. Floodplain Regulations For the 2013 Poudre River Flood, the minimal damages to structures and the reduced emergency response for life-safety issues were, in part, the result of strong floodplain regulations in the Poudre River Basin. Specific uses are regulated in the floodplain. For example, since 2000, no new residential structures or additions have been allowed in the 100-year floodplain. Furthermore, since 1995, life-safety, emergency response and hazardous material critical faculties have been prohibited in the 100-year floodplain. Life-safety and emergency response critical facilities are also prohibited in the 500-year floodplain. Prohibiting these critical uses in the floodplain reduces the burden on and risk to emergency responders during a flood. Another important floodplain regulation that helped to minimize damage is the requirement to elevate new structures and additions two feet above the 100-year floodplain. Structures that were elevated and protected from flood damage include the In-Situ building on Lincoln Ave. and the Neenan building and Orthopedic Center of the Rockies building in the Seven Lakes Business Park along Prospect Road (Photos 1 and 2 in Attachment 1). The debris line on the west side of the Orthopedic Center of the Rockies structure shows there was approximately 6 inches of freeboard left before flood waters would have entered the building. A floodplain regulation that is unique to the Poudre River is the requirement that no floatable materials are allowed in the 100-year floodplain. This regulation is triggered when an addition, substantial improvement or new structure is built on the property. Historically, there were several properties along Lincoln Avenue that stored large quantities of floatable materials including metal drums, plastic shipping containers, storage tanks, pallets, construction supplies, vehicles, etc. However, during the last 10 years these properties have come into compliance with the floatable materials requirement and have greatly reduced the amount of materials that were at risk of floating off-site and damaging other properties or public infrastructure downstream. Photos 3 and 4 in Attachment 1 show the “before clean-up” conditions at the Team Petroleum site along Lincoln Ave. As part of the clean-up, all storage tanks were anchored to prevent floatation and all pallets, shipping containers and drums were either removed or secured inside a building. City field crews reported both during and after the flood that very little of this type of floatable materials were moved downstream. This should be considered a true success and we greatly thank those businesses for their continued commitment to complying with the floatable materials regulation. Floodplain Regulation Review Processes The Poudre River floodplain regulations have been reviewed and revised several times since the 1997 flood. The first was in 2000 when the regulations became more restrictive. In 2007, the regulations were reviewed in coordination with Larimer County and some of the City regulations became less restrictive to match the County, while the County strengthened some of their regulations to better match the City. In 2013 after several years of review and public input, Council adopted a new regulation for the Poudre River that requires new structures, additions, substantial improvements, etc. within the 100-Year Floodplain prepare and submit an Emergency Response and Preparedness Plan (ERPP). In addition, on November 19, 2013, City Council adopted the statewide Colorado Water Conservation Board regulations. 1 Packet Pg. 5 January 28, 2014 Page 4 Property Acquisitions The City’s Natural Areas Program has proactively purchased property along the Poudre River Corridor, most of which is in the floodplain. In addition, the City’s Parks Department owns and maintains several parks that are in or near the City’s designated floodplain. Table 1 below compares the floodplain acreage in the City limits to the amount of open space preserved by the City of Fort Collins. Preserving this land as open space not only minimizes damages during a flood, but it also enhances the natural and beneficial functions of the floodplain including allowing floodwaters to spread out and slow down and providing beneficial habitat. Table 1. Amount of Open Space preserved in the Poudre River 100-year floodplain. Acreage of Parks in 100- year Floodplain Acreage of Natural Areas in 100-year Floodplain Total Acreage of Open Space Preserved 100-year Floodplain Acreage Inside City Limits This shows that 66% of the 100- year floodplain is preserved as Open 54.8 923.9 978.7 1484.6 Space In addition to preserving large tracts of open space, the City’s Stormwater Department, in coordination with the Natural Areas Department, has purchased several properties in the College Avenue and Vine Drive area as part of the “Willing Seller –Willing Buyer” program that was implemented by Council in 2000. The Willing Seller-Willing Buyer program is specifically for residential structures in the floodplain or floodway and commercial structures in the floodway. There have been two commercial structures on the west side of College removed and one residential structure just north of College and Vine removed. At the time of the flood, a second residential structure at 213 E. Vine Drive had been purchased and the building was being readied for demolition. That structure had 8-10 inches of water in the basement from the flood and is expected to be removed in the near future (Photos 6 and 7 of Attachment 1). Flood Table Top Exercise In May 2013, Fort Collins organized and conducted - in conjunction with Larimer County and the State of Colorado Office of Emergency Management - a table top exercise focused on debris management resulting from spring flooding on the Poudre River. The scenario included debris flow moving down the river and creating blockages at bridges and snag points as well as damages to roads and highways. Staff was asked to focus on communications, mutual aid agreements, resource management and Emergency Operations. Approximately 50 staff participated in the exercise. This increased knowledge and provided some training experience using the Incident Command System (ICS). As a result of the training, staff was better prepared when the actual flood event occurred in September. The exercise did find that improvements were needed with training and experience. Flood Warning System The City’s Flood Warning System (FWS) comprises a network of 75 gages that monitor rainfall and streamflow across the City and a large part of Larimer County. Data from this network is viewed via software situated in the City’s Emergency Operations Center (EOC), and is also copied to the National Weather Service for use by its forecasters and hydrologists. The FWS also includes an emergency action plan (On Call Manual) containing contact lists, maps of flood inundation risk, tables detailing infrastructure vulnerability, and gage alarm thresholds for rain intensity and flow depths associated with emergency actions. Stormwater on-call staff (office and field crew personnel) train and complete flood exercises annually, and have been empowered by the Poudre Fire Authority (PFA) Office of Emergency management to handle City flood emergencies. This includes emergency messaging to the public via the LETA-911 system, the Emergency Alert System (EAS), and through traditional and social media outlets with the support of Fort Collins Utilities’ Customer Connections and the City of Fort Collins’ Public Information Office (PIO) staff. 1 January 28, 2014 Page 5 All elements of the FWS were engaged during this event. The real-time data provided by the gage network was critical for dynamic monitoring of areas at flood risk, for both public safety and infrastructure protection. The rainfall and Poudre streamflow data was used to make informed decisions about emergency notifications to at-risk populations along the Poudre River, street and bridge closures, and evacuations. For the event, the vast majority of the 61 FWS alarms were generated by the Poudre River Mouth of the Canyon and Lincoln Avenue streamflow gages and by the network of FWS rain gages located in the mountains and foothills to the west of town. Recent enhancements made to the FWS network included new gages to assist in monitoring rainfall and runoff on the Poudre River and smaller watersheds subject to increased runoff from the High Park Fire burn area. Streamflow data from two newly-installed Larimer County gages enabled Utilities On- call staff located in the City’s EOC to monitor discharge in Rist Creek and Mill Creek. The City’s new streamflow gage placed on the Poudre River at the Town of Poudre Park enabled EOC staff to separate the relative contributions of storm runoff and timing of flow peaks between the Poudre’s main stem and its North Fork tributary. Other new City gages at Poudre Park, at Hewlett Gulch and at Gateway Park provided greater detail of rain intensity and distribution along the Poudre River. Emergency Operations The City Utility’s EOC was opened on September 12, 2013 at 2:00 PM in the Training Room at the Utilities Service Center (USC) located at 700 Wood Street in Fort Collins. The EOC was staffed and operated continuously through 12:00 AM on September 13, 2013 and then had two more operational periods on September 14, 2013 from 6:00 AM to 8:00 PM and again on September 15, 2013 from 6:00 AM to 8:00 PM. The Incident Command Structure (ICS) implemented during EOC operation was adjusted dynamically as personnel availability and operational periods changed. It comprised staff from City Utilities, City Police and the Poudre Fire Authority that provided support to Incident Command (IC) and provided personnel for all four General Staff (Operations, Planning, Logistics and Finance) positions. Additional support came from City Planning staff for evacuations (using Transfort), City GIS for mapping, cataloging and City website efforts, and City IT support for ongoing equipment and communications assistance. Included in the EOC operation were Utilities staff for Incident Safety and staff from the Public Information Office. Other departments and agencies participating in EOC activities include City Streets, who managed bridge closures both in the City and in the County, and Engineering, who advised regarding Bridge safety. A detailed description of the Key Actions, Regional Considerations, and Incident Management and Documentation is provided in Attachment 2. Flood Management Projects The 2001 Poudre River Master Drainageway Plan outlines several improvements along the River to prevent flood damage and bank erosion, as well as promoting habitat improvements between Lincoln and Linden near Old Town. The City has implemented select projects within this plan over the last 12 years. The Plan has also been used in conjunction with the City’s floodplain regulations to regulate development along the Poudre in such a way as to prevent property damage and loss of life. Critical areas identified in the plan were monitored closely by City staff both during and after the flood. Levees The Oxbow Levee was constructed by the City of Fort Collins in 2004 to protect the Buckingham and Andersonville neighborhoods from 100-year floods on the Poudre River. The levee is an earthen structure that runs from Linden Street south to Lincoln Avenue. The structure was designed and built in accordance with all FEMA and U.S. Army Corps of Engineers design standards and has been certified by FEMA as protecting the landside neighborhoods from the 100-year flood. The levee performed as designed during the September 2013 flood, preventing river flows from entering the neighborhoods to the east. The Timberline Road Levee was constructed in 1999 to prevent the Poudre river from overtopping upstream of Timberline Road and flooding the road and properties neat Prospect and Timberline. The levee functioned well during the event, although flows did not reach the toe of the embankment. 1 Packet Pg. 7 January 28, 2014 Page 6 LPath Spill Project This project is located along the east bank of the Poudre River between Timberline Road and Prospect Road and consists of two hardened spill locations where the river overflows in to the Riverbend Ponds Natural Area. The spills, which are made from concrete block mats, were constructed in 2006 as part of the Prospect Road widening project. The project also included the construction of a second bridge under East Prospect Road to convey the LPath flow southward back to the River within the Environmental Learning Center (ELC). Without these constructed spills, the river had the potential to overtop the old gravel pit embankment, erode the banks, and be captured and re-routed entirely into the lakes within the Riverbend Ponds Natural Area. The North LPath spill overtopped during the flood and performed as designed. The South spill did not overtop, although the water surface came within inches of starting to spill. Poudre Bank Protection The City has built several bank protection projects along the length of the river over the last twenty years. Many of these projects are in areas that were identified as erosion problem areas in the Poudre River Master Drainageway Plan. Some of the projects, such as the bank protection north of Wood Street protect critical infrastructure (27-inch sanitary sewer line at that location). Post flood inspections have shown that all of these bank protection projects withstood the forces of a 50-year flood event on the river. Other locations have been protected to prevent flood flows from leaving the river banks and being stored in adjacent gravel pits. Social Media – Public Communications In 2013, social media was utilized for the first time to share public information on flooding and flood risks. This started with the “10-5 Outreach” campaign in the spring and summer leading up to Flood Awareness Week in July. Messages from the High Park Fire flash floods and general information on flooding in Fort Collins were offered on a regular schedule. Immediate updates on weather and flood threats were broadcast as information was available. Twitter and Facebook were the primary communication platforms, and both were supplemented with YouTube videos. During the 2013 flood event updates were provided regularly on Facebook and Twitter to the public. Broadcasts continued throughout the operational periods of flood response. Facebook engagement during the flood event was highly successful, indicating nearly 179,000 direct views and nearly 265,000 shared views during the 4-day emergency operations period. The City directly engaged 68,470 people and added 1,875 new “likes” to its Facebook feed. Twitter feeds during the flood reached 12-times the normal number of people during the operational period through retweets, modified tweets and favorites. The City gained 1,503 new followers on Twitter during the 4-day flood event, bringing the total number of followers to 8,392 people. Content across social media was updated in real time, and corresponded to website updates posted during and after the flood event. The ability to update information as it happened proved valuable to the public based on feedback received by the Public Information Office staff. Stormwater Utility Website The City website dedicated to flood updates and ongoing information sharing is still active at www.fcgov.com/utilities/safety-and-security/2013-flood/. This website is the City’s main platform for accurate information including press releases, contacts for other agencies, how to find help, and interactive GIS maps. Interactive GIS Map The GIS map offered at http://goo.gl/Dhpa4S includes photographs acquired across the City that can be selected interactively by users. Also available is a summary of precipitation information available at multiple locations in and around Fort Collins. 1 Packet Pg. 8 January 28, 2014 Page 7 Debris Management Debris management was a large component of the post-flood recovery effort. Widespread debris deposition occurred within the flood inundation area throughout the City. Some of the most significant areas impacted by flood debris included the Prospect Road/Riverbend Ponds Area, Udall Natural Area/stormwater detention basins, McMurray Natural Area, and along the River corridor in the vicinity of the Mulberry Street and Lemay Avenue Bridge crossings. City equipment dedicated to the debris removal effort included nine dump trucks accompanied by various loading equipment. Debris monitors were stationed with equipment operators to collect documentation of the debris removal effort including photographs, load tickets, and DARS reports. An average of 230 cubic yards of mixed woody debris/vegetation, soil, and sediment was hauled per day. Overall 1,720 cubic yards of debris was removed. FEMA Category D (Water Control Facilities) will be used for the clean-up work on the Udall Natural Area and WQ ponds while FEMA Category G (Parks, Recreational, and Other) will be used for the clean-up work on the Poudre River (Prospect Road/Riverbend Ponds Area, Udall Natural Area/stormwater detention basins, McMurray Natural Area, and along the River corridor in the vicinity of the Mulberry Street and Lemay Avenue Bridge crossings). The total estimated costs and reimbursement breakdown for debris management is: Estimated Total Costs $ 190,000 Estimated FEMA Reimbursement $ 142,500 CWCB Share $ 23,750 Fort Collins Share $ 23,750 Flood Recovery Projects and Damage Assessments Post-flood damage assessments throughout the City and GMA began on September 17, 2013. Personnel involved in the damage assessment included City Utilities staff, as well as a group of private consultants from local engineering firms. Initial damaged areas were identified using video and photography from aerial flights during and after flooding. The use of the Damage Assessment Reporting System (DARS) application was implemented by City staff to perform damage assessments, tabulate data, and populate damage assessment forms. This application was chosen not only to assist in the flood damage assessment and recovery effort but to serve as a documentation and assessment tool for future infrastructure assessments in the City. Below is a summary of observed damages along the Poudre River corridor through the City limits and Growth Management Area (GMA): Structures and buildings Though some evidence of isolated minor flooding in and around structures was observed, no damage reports were received from citizens for structures and buildings within the City limits. Poudre River banks and channel High flows along the Poudre River resulted in erosion and bank sloughing at numerous locations within the GMA. Typical damage observed in the field included toe scour, and bank undercutting and sloughing which was significant in some areas. Overall, a large amount of the damage was considered minor and will not require repair. Bridges and roadways The City is responsible for five major bridge structures over the Poudre River. During the damage assessment process, State bridge inspectors completed detailed inspections of the five bridges and determined that no major structural damage had occurred as a result of the flood event. Minor repairs were recommended to five bridge crossings (Prospect Road, Linden Street, Lincoln Avenue, Rawhide Flats over Wire Draw Tributary, and CR84 near Rawhide Flats Road) to protect from future scour. The most significant repair identified during the 1 Packet Pg. 9 January 28, 2014 Page 8 inspections was at the Timberline Road Bridge where damage to riprap protecting the north Bridge abutment occurred. No major damage was reported to any of the City’s streets within flood impacted areas. Flood Recovery Projects A total of 18 Flood Recovery Projects have been identified and are listed below: 1. Riverbend Ponds NA Sewer Head cut 2. Poudre/Spring Creek Trail Bank Repair 3. Gibbens at Prospect Road Bank Repair 4. ELC Trail/Bank Repair 5. N. College/Lake Canal Pedestrian Bridge Repair 6. LPATH at Timberline Road North Spill Bank Repair 7. Kingfisher Point NA Bank Repair 8. Bank Repair at Railroad East of College 9. Lincoln Street Bank Repair 10. Arapahoe Bends NA Head cut Repair 11. Lincoln Bridge Revetment Repair 12. Prospect Road Bridge Sediment Removal 13. Trail Wall Repair West of Prospect 14. Timberline Road Bridge Revetment Repair 15. Poudre River Trail Slope Repair at Timberline Road 16. Right Bank Repair Upstream of Timberline Road 17. Lake Canal Siphon Headwall Repair 18. Gateway Park Footbridge Repair. Stormwater staff has visited the sites with FEMA personnel and have received favorable indications based on the damage and documentation from staff that the City will be eligible for FEMA reimbursement. The total estimated costs and reimbursement breakdown for debris management are: Estimated Total Costs $ 804,000 Estimated FEMA Reimbursement $ 421,000 FEMA will reimburse up to 75% of the costs to repair or replace infrastructure to match pre-flood conditions plus some small mitigation contribution. The reason FEMA’s reimbursement shown above is less than 75% of the costs is that additional work is needed in the damaged areas to protect areas to the 100-year flood event. AREAS NEEDING IMPROVEMENT Training – ICS and EOC Effective Incident Management requires that involved staff be knowledgeable and experienced on the ICS Structure. Many of the staff who were involved in the 2013 flood were unfamiliar or at least inexperienced with Emergency Operations Center (EOC) positions, roles and responsibilities. While Police and PFA staff use the ICS structure frequently, other staff rarely is in this situation. Without appropriate training and frequent exercises and reminders, staff is not as efficient and experienced when major incidents occur. With this lack of experience, many staff members involved were unfamiliar with the required ICS forms and documentation requirements. Finance and other administrative personnel were unfamiliar with their roles and how to implement prompt support functions. There is not a formal guide for recovery process (forms, declarations, cost recovery). Personnel in many departments were unfamiliar with recovery activities. EOC Environment and Equipment The primary Emergency Operations Center (EOC) is located in the PFA Training Center at 3400 West Vine Drive. Depending on the nature of the emergency and its location, this EOC may not be accessible. For the 2013 Flood, the EOC was established at the secondary site which is the Training Room of the Utility Services Center (USC) 1 Packet Pg. 10 January 28, 2014 Page 9 located at 700 Wood Street. There have been improvements and enhancements to the PFA Training Center to better prepare for emergency operations. Improvements are needed to the secondary location at the Utility Service Center. During the flood, accessibility by staff into the Utility Services Center EOC was at times an issue. Frequently staff had to phone others in the EOC to come open the USC Front door. In addition, the Training Room must be setup and arranged to function as an EOC each time there is an emergency event. There is no permanent capability in the USC Training Room to print from desk or lap tops. The internet capability and wireless service are limited. Participants were often unable to use cell phones or signals were very weak. The room setup has a lack of hardline phone ports. The room is not set up with TV monitors to use for local news, Incident Management, and weather monitoring. Mutual Aid Agreement / Operations Documents To increase effectiveness, Mutual Aid Agreements should be executed and in place before disasters or events occur. The “Larimer County Flood of 2013” severely affected several neighboring communities including Larimer County, Estes Park, Longmont and Loveland. These communities needed aid and assistance in the form of resources and services to respond and recover from the impacts of the flood. During critical phases of an emergency, it is important that neighboring communities work together to protect lives and property. City Council was asked to authorize emergency mutual aid agreements with other governmental entities for short term aid and assistance after the 2013 Flood occurred. Debris Management Plan The City’s Debris Management plan had not been updated to include amendments required by FEMA since the Hurricane Sandy natural disaster in October 2012. Expansion of Flood Warning System Three gage locations providing data to City EOC staff failed during the event. The CDWR sensor on the North Fork of the Poudre below Seaman Reservoir ceased reporting shortly after midnight September 12 through 3:00 PM September 13, 2013. The CDWR gage at the mouth of the canyon ceased reporting 10:15 PM September 12 until 6:15 PM September 13, 2013. However the City’s FWS streamflow gage co-located there operated continuously during the event, providing critical discharge data. The co-located USGS and City FWS streamflow sensors located upstream of the bridge at Lincoln Avenue were damaged during the flood event and reported erroneous between 3:30 AM September 13 and mid-day September 14, when the USGS began transmitting flow data from a new sensor located approximately 300 feet downstream. In these cases of equipment failure, gage data from upstream and downstream locations was evaluated to determine flow conditions along the Poudre during the event. Looking forward, new potential gage locations have been identified to enhance the data network. Decision-Making Aids for Infrastructure A dedicated effort is needed to improve and enhance the structure, content and availability of information on City infrastructure. With the height of the floodwaters and the fact the incident occurred through the night, it was difficult to evaluate the flooding impacts and safety considerations on both bridges and roadways. In some instances visual observation of flooded roadways (i.e. Prospect Road near the Orthopedic Center of the Rockies) were enough to confirm the decision to close access for vehicles and pedestrians. In other instances, there was insufficient information to confirm the structural integrity and potential risk of failure for bridges. As a result, the decision was made to close all bridges that cross the Poudre River within the City limits. This was the right decision given the situation, but better information in the future could result in select and/or localized closures based on enhanced decision-making aids. SUGGESTED IMPROVEMENT ACTIONS While Fort Collins has been proactive in preparing and planning for natural disasters and events, the 2013 Flood brought attention to items that should be improved or enhanced to better position the community to address 1 Packet Pg. 11 January 28, 2014 Page 10 emergency situations. Suggested improvement actions have been identified and categorized into High and Medium priorities. In addition, suggested responsible agencies have been identified to lead efforts to facilitate improvements for future emergency activities. The table below lists the High Priority suggested improvement actions: TRAINING LEAD Incident Command System (ICS) Roles and Responsibilities (Response Phase) OEM / FCU Roles and Responsibilities (Recovery Phase) OEM / FCU Forms and Documentation EOC / City DEPTS All Hazard Incident Management Teams PFA / OEM Recovery Manuals and Training OEM / FCU / FINANCE Mutual Aid Agreements and Training ATTY / OEM FLOOD-RELATED LEAD Flood Warning System Expansion SW Annual Table Top Exercises SW / PFA Flood Warning On-Call Manual Updates SW Infrastructure Decision-Making Aids SW / ENGR / STREETS (OEM=Office of Emergency Management; FCU=Fort Collins Utilities; EOC=Emergency Operations Center; PFA=Poudre Fire Authority; Atty=City Attorney; SW=Stormwater; Engr=Engineering) The table below lists the Medium Priority suggested improvement actions: TECHNOLOGY LEAD EOC Access Credentialing OEM / CITY OPS Access Cards PFA / CITY OPS EOC Facilities and Equipment OEM / CITY / FCU Cell phone signal boost IT EOC Software (i.e. WebEOC) OEM / IT Internet / Wireless services PFA / IT TV Monitors, printers, phones PFA / FCU / IT DEBRIS MANAGEMENT LEAD Update Debris Management Plan FCU (OEM=Office of Emergency Management; OPS=Operation Services; PFA=Poudre Fire Authority; FCU=Fort Collins Utilities; IT=Information Technology) SUPPORT NEEDED The suggested improvement actions cannot move forward and will not be completed unless they are a priority and value of Fort Collins. Key items that need the support of Council are: Maintaining a comprehensive floodplain management program that includes strong floodplain regulations, capital projects, land acquisition programs, open space preservation, flood warning systems and stormwater system maintenance; 1 Packet Pg. 12 January 28, 2014 Page 11  Enhanced comprehensive training to include Incident Management (Response, Recovery and Documentation) and Flood Warning Table Top Exercises;  Expansion of the Flood Warning System and creation of Infrastructure Decision-Making Aids to improve emergency operations and protect life safety;  Finalization of Mutual Aid Agreements with neighboring communities; and,  Funding for EOC Facilities, equipment and IT needs to include access cards and credentialing, Cell phone signal boosts, EOC software, improved Internet/Wireless services, TV monitors, printers, telecommunications. ATTACHMENTS 1. 2013 Flood -- Floodplain Management Summay (PDF) 2. 2013 Flood -- EOC Key Actions, Regional Considerations, Incident Management (PDF) 3. Powerpoint presentation (PDF) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Floodplain Management 1 of 10 INTRODUCTION The City of Fort Collins has a comprehensive floodplain management program. It ranks as one of the top programs nationwide under FEMA’s Community Rating System, resulting in flood insurance discounts of up to 30%. Many tools are used in floodplain management including regulations, capital projects, acquisition programs, open space preservation, flood warning systems and drainage system maintenance. Floodplain Regulations For the 2013 Poudre River Flood, the minimal damages to structures and the reduced emergency response for life-safety issues were, in part, the result of strong floodplain regulations in the Poudre River Basin. Specific uses are regulated in the floodplain. For example, since 2000, no new residential structures or additions have been allowed in the 100- year floodplain. Furthermore, since 1995, life-safety, emergency response and hazardous material critical faculties have been prohibited in the 100-year floodplain. Life-safety and emergency response critical facilities are also prohibited in the 500-year floodplain. Prohibiting these critical uses in the floodplain reduces the burden on and risk to emergency responders during a flood. Another important floodplain regulation that helped to minimize damage is the requirement to elevate new structures and additions two feet above the 100-year floodplain. Structures that were elevated and protected from flood damage include the In-Situ building on Lincoln Ave. and the Neenan building and Orthopedic Center of the Rockies building in the Seven Lakes Business Park along Prospect Road (Photos 1 and 2). Photo 1. Aerial view of the Seven Lakes Business Park looking east on the morning of Sept. 13, 2013 showing floodwater against the Orthopedic Center of the Rockies building (lower right) and the Neenan Building (center). These building did not have damage because they were elevated. Photo 2. – Debris line on west side of Orthopedic Center of the Rockies showing water level against the building. There was approximately six inches of freeboard left before water entered the building. This is a good example of the benefits of elevating structures to protect from flood damage. ATTACHMENT 1 1.1 Packet Pg. 14 Attachment1.1: 2013 Flood -- Floodplain Management Summay (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Floodplain Management 2 of 6 A floodplain regulation that is unique to the Poudre River is the requirement that no floatable materials are allowed in the 100-year floodplain. This regulation is triggered when an addition, substantial improvement or new structure is built on the property. Historically, there were several properties along Lincoln Avenue that stored large quantities of floatable materials including metal drums, plastic shipping containers, storage tanks, pallets, construction supplies, vehicles, etc. However, during the last 10 years these properties have come into compliance with the floatable materials requirement and have greatly reduced the amount of materials that were at risk of floating off-site and damaging other properties or public infrastructure downstream. Photos 3 and 4 show the “before clean-up” conditions at the Team Petroleum site along Lincoln Ave. As part of the clean-up, all storage tanks were anchored to prevent floatation and all pallets, shipping containers and drums were either removed or secured inside a building. City field crews reported both during and after the flood that very little of this type of floatable materials were moved downstream. This should be considered a true success and we greatly thank those businesses for their continued commitment to complying with the floatable materials regulation Photo 3 and 4. Team Petroleum site on E. Lincoln Avenue prior to clean-up of floatable materials. As part of the clean-up, all storage tanks were anchored to prevent floatation and all pallets, shipping containers and drums were either removed or secured inside a building. Floodplain Regulation Review Processes The Poudre River floodplain regulations have been reviewed and revised several times since the 1997 flood. The first was in 2000 when the regulations became more restrictive. In 2007, the regulations were reviewed in coordination with Larimer County and some of the City regulations became less restrictive to match the County, while the County strengthened some of their regulations to better match the city. There is not 100% agreement between the City and County’s regulations. In 2013 after several years of review and public input, Council adopted a new regulation for the Poudre River that requires new structures, additions, substantial improvement, etc. within the 100-Year Floodplain prepare and submit an Emergency Response and Preparedness Plan (ERPP). In addition, on November 19, 2013, City Council adopted the statewide Colorado Water Conservation Board regulations. 1.1 Packet Pg. 15 Attachment1.1: 2013 Flood -- Floodplain Management Summay (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Floodplain Management 3 of 6 Property Acquisitions The City’s Natural Areas Program has proactively purchased property along the Poudre River Corridor, most of which is in the floodplain. In addition, The City’s Parks Department owns and maintains several parks. Table 1 compares the floodplain acreage in the City limits to the amount of open space preserved by the City of Fort Collins. Preserving this land as open space not only minimizes damages during a flood, but it also enhances the natural and beneficial functions of the floodplain including allowing floodwaters to spread out and slow down and providing beneficial habitat (Photo 5). Table 1. Amount of Open Space preserved in the Poudre River 100-year floodplain. Acreage of Parks in 100- year Floodplain Acreage of Natural Areas in 100-year Floodplain Total Acreage of Open Space Preserved 100-year Floodplain Acreage Inside City Limits This shows that 66% of the 100- year floodplain is preserved as 54.8 923.9 978.7 1484.6 Open Space Photo 5. Open Space preserved in McMurray Natural Area and Legacy Park. Floodwaters were able to spread out and slow down and not cause any damages. In addition to preserving large tracts of open space, the City’s Stormwater Department in coordination with the Natural Areas Department has purchased several properties in the College Avenue and Vine Drive area as part of the “Willing Seller –Willing Buyer” program that was implemented by Council in 2000. The Willing Seller-Willing Buyer program is specifically for residential structures in the floodplain or floodway and commercial structures in the floodway. There have been two commercial structures on the west side of College removed and one residential structure just north of College and Vine removed. At the time of the flood, a second 1.1 Packet Pg. 16 Attachment1.1: 2013 Flood -- Floodplain Management Summay (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Floodplain Management 4 of 6 residential structure at 213 E. Vine Dr. had been purchased , but the building had not yet been demolished. That structure had 8-10 inches of water in the basement from the flood and is expected to be removed in the near future (Photos 6 and 7). Photo 6 and 7. 213 E. Vine Dr. is a structure purchased as part of the City’s Willing Seller- Willing Buyer program. At the time of the flood, the house had not yet been demolished. The basement of the house had 6-10 inches of water in the basement from the flood. Flood Table Top Exercise In May 2013, Fort Collins organized and conducted - in conjunction with Larimer County and the State of Colorado Office of Emergency Management - a table top exercise focused on debris management resulting from spring flooding on the Poudre River. The scenario included debris flow moving down the river and creating blockages at bridges and snag points as well as damages to roads and highways. Staff were asked to focus on communications, mutual aid agreements, resource management and EOC operations. Approximately 50 staff participated in the exercise. This increased knowledge and provided some training experience using the Incident Command System (ICS). As a result of the training, staff were better prepared when the actual flood event occurred in September. The exercise did find that improvements were needed with training and experience. Flood Warning System The City’s Flood Warning System (FWS) comprises a network of 75 gages that monitor rainfall and streamflow across the City and a large part of Larimer County. Data from this network is viewed via software situated in the City’s EOC, and is also copied to the NWS for use by its forecasters and hydrologists. The FWS also includes an emergency action plan (On Call Manual) containing contact lists, maps of flood inundation risk, tables detailing infrastructure vulnerability, and gage alarm thresholds for rain intensity and flow depths associated with emergency actions. 1.1 Packet Pg. 17 Attachment1.1: 2013 Flood -- Floodplain Management Summay (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Floodplain Management 5 of 6 Stormwater On Call staff (office and field crew personnel) train and complete flood exercises annually, and have been empowered by the Poudre Fire Authority (PFA) Office of Emergency management to handle City flood emergencies. This includes emergency messaging to the public via the LETA-911 system, the Emergency Alert System (EAS), and through traditional and social media outlets with the support of Fort Collins Utilities’ Customer Connections and the City of Fort Collins’ Public Information Office (PIO) staff. All elements of the FWS were engaged during this event. The real-time data provided by the gage network was critical for dynamic monitoring of areas at flood risk, for both public safety and infrastructure protection. The rainfall and Poudre streamflow data was used to inform decisions about emergency notifications to at-risk populations along the Poudre River, street and bridge closures, and evacuations. For the event, the vast majority of the 61 FWS alarms were generated by the Poudre River Mouth of the Canyon and Lincoln Avenue streamflow gages and by the network of FWS rain gages located in the mountains and foothills to the west of town. Recent enhancements made to the FWS network included new gages to assist in monitoring rainfall and runoff on the Poudre River and smaller watersheds subject to increased runoff from the High Park Fire burn area. Streamflow data from two newly-installed Larimer County gages enabled Utilities On Call staff located in the City’s EOC to monitor discharge in Rist Creek and Mill Creek. The City’s new streamflow gage placed on the Poudre River at the Town of Poudre Park enabled EOC staff to separate the relative contributions of storm runoff and timing of flow peaks between the Poudre’s main stem and its North Fork tributary. Other new City gages at Poudre Park, at Hewlett Gulch and at Gateway Park provided greater detail of rain intensity and distribution along the Poudre River. Flood Management Projects The 2001 Poudre River Master Drainageway Plan outlines several improvements along the river to prevent flood damage and bank erosion, as well as promoting habitat improvements between Lincoln and Linden near Old Town. The City has implemented select projects within this plan over the last 12 years. The Plan has also been used in conjunction with the City’s floodplain regulations to regulate development along the Poudre in such a way as to prevent property damage and loss of life. Critical areas identified in the plan were monitored closely by City staff both during and after the flood. Stormwater Flood Control CIP Program Several completed flood control projects outside of the Poudre River such as the Canal Importation Ponds and Outfall (CIPO), the Dry Creek Flood Control Project, the Locust Street Outfall, and the Oak Street Outfall system performed as designed during the flood event. It should be noted that these facilities did not see the same levels of rainfall or flows as occurred in the Poudre River Basin. City staff continue to work closely with CDOT to find solutions to overtopping flooding in the area of Harmony Road / I-25 / Kechter Road. Harmony Road has the potential to overtop in the 100-year flood event, and came close to overtopping during the 50-year flood event. 1.1 Packet Pg. 18 Attachment1.1: 2013 Flood -- Floodplain Management Summay (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Floodplain Management 6 of 6 Levees The Oxbow Levee was constructed by the City of Fort Collins in 2004 to protect the Buckingham and Andersonville neighborhoods from 100-year floods on the Poudre River. The levee is an earthen structure that runs from Linden Street south to Lincoln Avenue. The structure was designed and built in accordance with all FEMA and U.S. Army Corps of Engineers design standards and has been certified by FEMA as protecting the landside neighborhoods from the 100-year flood. The levee performed as designed during the September 2013 flood, preventing river flows from entering the neighborhoods to the east. Some of the neighborhoods did however experience localized flooding that was caused by local drainage and flows from the Coy Ditch. The Timberline Road Levee was constructed in 1999 to prevent the Poudre river from overtopping upstream of Timberline Road and flooding the road and properties neat Prospect and Timberline. The levee functioned well during the event, although flows did not reach the toe of the embankment. LPath Spill Project This project is located along the east bank of the Poudre River between Timberline Road and Prospect Road and consists of two hardened spill locations where the river overflows in to the Riverbend Ponds Natural Area. The first spill is located immediately downstream of Timberline Road, while the second spill is located approximately 1,000 feet upstream of Prospect Road. The spills, which are made from concrete block mats, were constructed in 2006 as part of the Prospect Road widening project. The project also included the construction of a second bridge under East Prospect Road to convey the LPath flow southward back to the River within the Environmental Learning Center (ELC). Without these constructed spills, the river had the potential to overtop the old gravel pit embankment, erode the banks, and be captured and re-routed entirely into the lakes within the Riverbend Ponds Natural Area. The North LPath spill overtopped during the flood and performed as designed. The embankment held in place, and the main flood flows stayed within the main channel banks. Post flood inspections showed no damage to the spill structure, and even the grass growing through the concrete blocks held in place. The South spill did not overtop, although the water surface came within inches of starting to spill. Poudre Bank Protection The City has built several bank protection projects along the length of the river over the last twenty years. Many of these projects area in areas that were identified as erosion problem areas in the Poudre River Master Drainageway Plan. Some of the projects, such as the bank protection north of Wood Street protect critical infrastructure (27-inch sanitary sewer line at that location). Post flood inspections have shown that all of these bank protection projects withstood the forces of a 50-year flood event on the river. Other locations have been protected to prevent the capture of the river by the erosion of gravel pit embankments, such as the 2012 bank repair at Sharp Point Drive. 1.1 Packet Pg. 19 Attachment1.1: 2013 Flood -- Floodplain Management Summay (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Emergency Operations Center 1 of 3 INTRODUCTION The City Utility’s EOC was opened on September 12,, 2013 at 2:00 PM in the Training Room at the Utilities Service Center (USC) located at 700 Wood Street in Fort Collins. The EOC was staffed and operated continuously through 12:00 PM February 13, 2013 and then had two more operational periods on September 14, 2013 from 6:00 AM to 8:00 PM and again on September 15, 2013 from 6:00 AM to 8:00 PM. The Incident Command Structure (ICS) implemented during EOC operation was adjusted dynamically as personnel availability and operational periods changed. It comprised staff from City Utilities, City Police and the Poudre Fire Authority that provided support to Incident Command (IC) and all four General Staff (Operations, Planning, Logistics and Finance) positions, with additional support from City Planning staff for evacuations transit operations, City GIS for mapping, cataloging and City website efforts, and City IT support for ongoing equipment and communications assistance. IC included Utilities staff as Incident Safety and Public Information Office. Other departments and agencies participating in EOC activities include City Streets, who managed bridge closures both in the City and in the County, and Engineering, who were consulted regarding Bridge safety. KEY ACTIONS During the event, contact was maintained using cellphones and desktop phones with field staff conducting operations in the field, and with associated emergency management personnel both under City jurisdiction and in Larimer County. The FWS data management software was used to collect and map rainfall and streamflow reports from gages, supplemented by website streamflow data available from the CDWR and the USGS. Storm behavior was monitored using licensed weather radar software as well as regular update phone briefings with National Weather Service forecasters. In addition, information flowed in from and was disseminated to the field from Utilities and Streets crews, Water and Wastewater Plant staff, Police, Fire/Emergency Responders, Larimer County Deputies, Poudre School district staff and other emergency response personnel. Based on the high flow conditions and potential for additional rainfall, EOC IC directed several Key Actions during the event:  9:00 PM September 12 – LETA-911 notification sent to commercial establishments (no residences present in flooding-threatened zone) along E. Vine and N College, along the south side of Mulberry Street east of Lemay Avenue, and to the Advanced Energy and Orthopedic Center of the Rockies area along East Prospect.  11:00 PM September 12 LETA-911 notification sent to residents in the Alta Vista, Buckingham and Andersonville neighborhoods requesting self-evacuation due the potential for inundation from the Poudre.  12:00 AM September 13 – EOC requests Streets Department On Call close traffic across all City bridges due to Poudre flow that continued to climb toward 10,000 cfs. Larimer County Dispatch was notified that this request included three County bridges: at ATTACHMENT 2 1.2 Packet Pg. 20 Attachment1.2: 2013 Flood -- EOC Key Actions, Regional Considerations, Incident Management (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Emergency Operations Center 2 of 3 Overland Trail, at Taft Hill road and at Shields Avenue. The Timberline Bridge remained open only for emergency vehicles and routed evacuation traffic.  3:00 AM September 13 evacuation request was issued via LETA-911 to residents in the Alta Vista, Buckingham and Andersonville neighborhoods, accompanied by messaging that transport was being arranged through TransFort, who delivered three buses to collect residents and carry them to the Red Cross Shelter at Timberline Church.  4:00 AM September 13 – EOC IC and Planning staff advise Darin Atteberry and PSD officials to close the Poudre School District schools for Friday, September 13.  4:30 AM - Since the City was effectively divided by bridge closures, Darin Atteberry requests PSD officials open a second shelter area at the Zavelli Elementary School to provide temporary support to citizens unable to mobilize to the Timberline Church.  8:00 AM - Poudre flow drops and determinations begin about the process to inspect and reopen bridges. PIO Staff continuously staffed the EOC in rotating shifts to maintain information flow and distribution to the public via the City Website, City media outlets and through social media (see Public Involvement Section, below). Planning Staff monitored weather information, rainfall and flow data, briefed Operations staff and other local, County, and State agency personnel with locations and magnitudes of expected flood impact and provided recommendations for closures of roads, bridges, schools, and other facilities. Staff contacted the Union Pacific Railroad to advise on removal of lodged debris on its Poudre trestles, and began planning recovery strategies and operations needs for post-flooding reconstruction and repair. GIS/Mapping staff provided updates to the public via the City website of road closures, and within the EOC coordinated documentation and archiving of flooding and flood damage photos. Operations Staff managed Utilities and other departmental field crew personnel for all phases of field operations, including road and bridge closures, protection of treatment facilities, excavation of a relief drainage channel on the New Mercer ditch, inspections of local utilities infrastructure for damage and debris monitoring during the event and debris removal post- high flow. Logistics Staff provided direct support to the EOC with food, materials, equipment and communications/IT service to maintain operations during the event, and coordinated communications along with EOC staff for County EOC operations and the anticipated involvement of FEMA in recovery operations. Finance Staff established preliminary charge accounts and billing numbers for Response, and Recovery activities (debris removal/management, damage estimating, repair/reconstruction of damaged infrastructure, equipment rental, storm evaluation data gathering that included groundwork and overflights). 1.2 Packet Pg. 21 Attachment1.2: 2013 Flood -- EOC Key Actions, Regional Considerations, Incident Management (1586 : 2013 Flood After Action Report) 2013 FORT COLLINS FLOOD AN EARLY RETROSPECTIVE Emergency Operations Center 3 of 3 REGIONAL CONSIDERATIONS Larimer County officials have upgraded their receipt of real-time rainfall and streamflow information via notifications from a private vendor and via website access to City FWS data. City EOC Planning and Operations assisted Larimer County emergency responders with reports of Poudre flow conditions on an as-requested basis during the event. PFA authorities established communication with FEMA via the Colorado Office of Emergency Management for formal request of response and recovery funds. A Presidential Disaster declaration was issued on Sunday, September 15. A 30-day extension application letter was submitted to FEMA by State OEM on October 6. Requests for Mutual Aid support were received by the EOC from the Towns of Estes Park, Evans, and Loveland, and from Larimer County during response operations. Mutual Aid was not rendered until the EOC was closed and recovery activities in Fort Collins commenced. All Mutual Aid requests were tracked by the Colorado OEM. INCIDENT MANAGEMENT AND DOCUMENTATION During and after the storm event all activities undertaken by the City were tracked recorded on FEMA Incident Command System (ICS) forms. For purposes of a unified command and communications system as well as for FEMA reimbursement purposes it was very important that the City use a common and reporting and documentation system. What is obvious from this last storm event is that the FEMA’s ICS command system has not been widely used throughout the City except for PFA, FCPD and the Utilities. Further training for all personnel involved in emergency operations should be pursued. A large amount of staff time was required to complete the tracking and documentation efforts. 1.2 Packet Pg. 22 Attachment1.2: 2013 Flood -- EOC Key Actions, Regional Considerations, Incident Management (1586 : 2013 Flood After Action Report) 1 City Council Work Session January 28, 2014 2013 Fort Collins Flood An Early Retrospective …… Insert photo here 1.3 Packet Pg. 23 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 2 2013 Fort Collins Flood STORMWATER MASTER PLANNING AND FLOODPLAIN ADMINISTRATION Chris Lochra Marsha Robinson Mark Kempton Brian Varrella Shane Boyle Ken Sampley Basil Hamdan Mark Taylor Beck Anderson 1.3 Packet Pg. 24 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 3 2013 Fort Collins Flood PRESENTATION OUTLINE • FLOOD EVENT OVERVIEW • CONTEXT OF THE FLOOD • WHAT WENT WELL • AREAS NEEDING IMPROVEMENT • SUGGESTED IMPROVEMENT ACTIONS • SUPPORT NEEDED 1.3 Packet Pg. 25 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 4 2013 Fort Collins Flood GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS 1. Does Council have specific questions regarding Fort Collins floodplain management program or the 2013 Flood Response and Recovery? 2. Does Council concur with the proposed list of suggested improvement actions? 1.3 Packet Pg. 26 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 5 LESSONS LEARNED - Flooding Happens !! - What went well / Areas for Improvement - Why were damages not as severe here? - Heaviest rainfall occurred to the west - Acquisition of properties in the Floodplain - Comprehensive Floodplain Management - Flood Warning System - Professional and Capable Staff - Increasing importance of Social Media 2013 Fort Collins Flood 1.3 Packet Pg. 27 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 6 2013 Fort Collins Flood Overview Poudre River at College Avenue -- September 13, 2013 1.3 Packet Pg. 28 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 7 Aerial photograph of College Avenue and Poudre River on Friday, Sept. 13, 2013 looking south toward Old Town. Stream gage at mouth of Poudre Canyon 2013 Fort Collins Flood Overview 1.3 Packet Pg. 29 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 8 Context of the Flood • Long-term drought • Complacency about flooding • New floodplain regulations • New Emergency Response and Preparedness Plan (ERPP) • TBL Analysis - Economic, social, and environmental considerations Planning Mitigation Preparedness Regulation 2012 High Park Fire, photo courtesy of Michael Menefee 2013 Fort Collins Flooding along the Poudre River 1.3 Packet Pg. 30 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 9 WHAT WENT WELL …. Floodplain Mitigation Natural & Beneficial Functions Parks in 100-year Floodplain (acres) Natural Areas in 100-year Floodplain (acres) Total Open Space Preserved (acres) 100-year Floodplain Inside City Limits (acres) 66% of the 100-year floodplain is preserved as Open Space 55 924 979 1,485 1.3 Packet Pg. 31 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 10 A top-ranked program nationally – Community Rating System (CRS) -- Class 4 Ranking – In the top 1% of SW/Floodplain Programs in U.S. – 30% Flood insurance Discounts Comprehensive activities – Capital improvements – Property buyouts – High floodplain standards – Flood warning system Poudre River looking downstream from the Mulberry St. Bridge 9/13/2013 WHAT WENT WELL …. Floodplain Mitigation Floodplain Management Program 1.3 Packet Pg. 32 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 11 Construction requirement = Elevate finish floor 2.0 ft above 100-Year Water Surface Elevation – Orthopedic Center of the Rockies – Neenan Construction – In-Situ High water mark Dry building entrance WHAT WENT WELL …. Floodplain Mitigation Minimal Structural Damage 1.3 Packet Pg. 33 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 12 Required for developed / redeveloped properties – Critical along the Lincoln Ave. corridor – In last 10 years, all properties in compliance – Reduced risks to properties and downstream neighbors WHAT WENT WELL …. Floodplain Mitigation Floatable Materials Standard 1.3 Packet Pg. 34 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 13 Removes properties at risk from the floodplain • Implemented in 2000 • For residential structures in floodway and flood fringe • For commercial structures in floodway • 4 Structures purchased to date • 2 Commercial (W of College) • 1 residence near College & Vine • 1 residence on Vine Dr WHAT WENT WELL …. Floodplain Mitigation Willing Seller, Willing Buyer Program 1.3 Packet Pg. 35 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 14 WHAT WENT WELL …. Flood Table Top Exercise MAY 2013 -- POUDRE RIVER FLOODING • Approx. 50 staff from Fort Collins, Poudre Fire Authority, Larimer County OEM, CO Emergency Management, CDOT • Scenario à Flooding on the Poudre River and Debris Management • Exercise considered -- High Park Fire Impacts Clogged Bridges Damaged Roads/Highways EOC Operations Mutual Aid Agreements Emergency Plans 1.3 Packet Pg. 36 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 15 WHAT WENT WELL …. Upstream Flood Attenuation Poudre River Peak Discharge of 10,400 cfs at the Mouth of Canyon Gage Sept 13, 3:45 AM 1.3 Packet Pg. 37 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 16 Rainfall totals: September 9-16 Source: City of Fort Collins and City of Loveland Gage Data capture by Water-and Earth Technologies, MWS Publication 11.92 inches over High Park Fire burn in 7 days WHAT WENT WELL …. Flood Warning System 1.3 Packet Pg. 38 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 17 48-hour Rainfall Totals as of Sept 13, 9:00AM WHAT WENT WELL …. Flood Warning System 1.3 Packet Pg. 39 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 18 Replace photo Emergency Operations Center (EOC) -- Utility Service Center WHAT WENT WELL …. Emergency Operations Center 1.3 Packet Pg. 40 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 19 Oxbow levee -- September 13, 2013 Oxbow Levee WHAT WENT WELL …. Flood Management Projects -- Levees 1.3 Packet Pg. 41 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 20 LPath North Spill -- September 13, 2013 Side-spill removes flow from the Poudre channel to safe locations WHAT WENT WELL …. Flood Management Projects – LPath Spill 1.3 Packet Pg. 42 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 21 New for 2013 – “10-5 Outreach” before Flood Awareness Week – High Park Fire flash flood messages through summer Multiple platforms – Facebook, Twitter, YouTube Facebook – Direct views = 178,872 people – Shared views = 264,967 people – 6,684 people “likes” – Gained 1,875 new page “likes” – Directly engaged 68,470 people Public “likes” on the City Facebook Page WHAT WENT WELL …. Social Media – Public Communications 1.3 Packet Pg. 43 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 22 Twitter – Gained 1,503 followers – Pre-flood = 6,889 followers – Post-flood = 8,392 followers – Posts reached 12-times the normal number of people – Retweets, modified tweets and favorites – 428 people mentioned the City in their posts YouTube – Videos posted as CityofFortCollins A “retweet” sends to all that person’s followers WHAT WENT WELL …. Social Media – Public Communications 1.3 Packet Pg. 44 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 23 Special website set up for storm info – http://www.fcgov.com/utilities/safety-and-security/2013- flood/ – Main platform for communication – Info updated regularly • Press releases • Help finding assistance • Other Agency contacts • Interactive maps (GIS) WHAT WENT WELL …. 2013 Flood Website 1.3 Packet Pg. 45 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 24 • Post-Flood Recovery • Debris deposition • Prospect Road / Riverbend • Udall Natural Area • McMurray Natural Area • Mulberry/Lemay Bridges • 1,720 tons of debris removed Est Total Costs à $ 190,000 Est FEMA Reimb à $ 142,500 CWCB Share à $ 23,750 Fort Collins à $ 23,750 Debris cleanup at Udall Natural Area WHAT WENT WELL …. Debris Management 1.3 Packet Pg. 46 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 25 Prospect Road west of the Poudre River Bridge WHAT WENT WELL …. Damage Assessments • Post-Flood Assessments began on Sept. 17th • Identification by • Field Observations • Photos/Videos • Aerial Photography • DARS Application • Documentation • Future Assessments 1.3 Packet Pg. 47 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 26 Bank sloughing near ELC Lincoln Avenue Bridge WHAT WENT WELL …. Damage Assessments 1.3 Packet Pg. 48 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 27 WHAT WENT WELL …. Flood Recovery Projects 18 FLOOD REPAIR PROJECTS Total Repair Costs = $ 804,000 FEMA / CO reimbursement = $ 421,000 NOTES: 1. Difference in costs due to mitigation measures necessary to protect against future floods 2. FEMA only pays to put back to pre-flood conditions plus small mitigation contribution 3. High flows in the river over winter have delayed some projects until fall 2014 1.3 Packet Pg. 49 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 28 AREAS NEEDING IMPROVEMENT…. Training -- ICS and EOC 1.3 Packet Pg. 50 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 29 AREAS NEEDING IMPROVEMENT…. EOC Environment and Equipment 1.3 Packet Pg. 51 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 30 AREAS NEEDING IMPROVEMENT…. Mutual Aid Agreement / Operations Documents Formal Recovery Guide • Declarations • Forms • Cost Recovery Mutual Aid Documents • In place before incidents Debris Management Plan • Hurricane Sandy Amendments 1.3 Packet Pg. 52 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 31 Damaged stream gage upstream of Lincoln Avenue on Sept. 13, 2013 AREAS NEEDING IMPROVEMENT…. Expansion of Flood Warning System 1.3 Packet Pg. 53 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 32 Introduction Lemay Avenue and Mulberry Street on Sept. 13, 2013 closed to all traffic. Shields Street Bridge over the Poudre River closed to traffic on Sept. 13, 2013. AREAS NEEDING IMPROVEMENT…. Decision-Making Aids for Infrastructure 1.3 Packet Pg. 54 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 33 TRAINING LEAD • Incident Command System (ICS) • Roles and Responsibilities (Response Phase) OEM / FCU • Roles and Responsibilities (Recovery Phase) OEM / FCU • Forms and Documentation EOC / DEPTS • All Hazard Incident Management Teams PFA / OEM • Recovery Manuals and Training OEM / FCU / FINANCE • Mutual Aid Agreements and Training ATTY / OEM FLOOD-RELATED LEAD • Flood Warning System Expansion SW • Annual Table Top Exercises SW / PFA • Flood Warning On-Call Manual Updates SW • Infrastructure Decision-Making Aids SW / ENGR / STREETS SUGGESTED IMPROVEMENT ACTIONS High Priority 1.3 Packet Pg. 55 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 34 TECHNOLOGY LEAD • EOC Access • Credentialing OEM / CITY OPS • Access Cards PFA / CITY OPS • EOC Facilities and Equipment OEM / CITY / FCU • Cell phone signal boost IT • EOC Software (i.e. WebEOC) OEM / IT • Internet / Wireless services PFA / IT • TV Monitors, printers, phones PFA / FCU / IT DEBRIS MANAGEMENT LEAD • Update Debris Management Plan FCU SUGGESTED IMPROVEMENT ACTIONS Medium Priority 1.3 Packet Pg. 56 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 35 Suggested improvement actions cannot move forward and will not be completed unless they are a priority and value of the City. SUPPORT NEEDED City Council KEY ITEMS 1) Strong Floodplain Regulations 2) Floodplain Land Acquisitions 3) Training – ($$ and Staff Time) a) ICS / EOC b) Table Top Exercises 4) Mutual Aid Agreements 5) EOC Facilities and Equipment 1.3 Packet Pg. 57 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) 36 2013 Fort Collins Flood GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS 1. Does Council have specific questions regarding Fort Collins floodplain management program or the 2013 Flood Response and Recovery? 2. Does Council concur with the proposed list of suggested improvement actions? 1.3 Packet Pg. 58 Attachment1.3: Powerpoint presentation (1586 : 2013 Flood After Action Report) DATE: STAFF: January 28, 2014 Ken Sampley, Stormwater/Floodplain Program Mgr Jon Haukaas, Water Engr Field Operations Mgr WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Boxelder Basin Regional Stormwater Authority Update. EXECUTIVE SUMMARY Boxelder Basin Regional Stormwater Authority (BBRSA) was formed by Intergovernmental Agreement (IGA) in 2008 with the purpose of funding and implementing regional stormwater improvements. BBRSA Members include Fort Collins, Larimer County, and Wellington. Timnath is a financial partner by separate IGA with the BBRSA. There are three remaining projects scheduled for completion by July 2015 with an estimated total cost of $11.75 million: (1) Construction of a detention facility on the east side of I-25; (2) a flood control crossing of the Larimer & Weld Canal; and (3) improvements to CR52 to prevent road overtopping. The BBRSA has received low interest loans from the Colorado Water Conservation Board (CWCB) that can be used for property acquisition and regional stormwater project design and construction costs. A new IGA is required between Fort Collins, Larimer County and Timnath to fund a portion of the costs associated with improvements at County Road 52. The three parties have agreed to share equally in splitting the estimated ($1.04 Million). The updated Benefit/Cost Ratio for the BBRSA projects is 3.95. Such a high B/C ratio demonstrates the dramatic benefits of these regional improvements. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED This item provides background information and the current status of the Boxelder Basin Regional Stormwater Authority (BBRSA). BACKGROUND / DISCUSSION There is a significant amount of background information applicable to this item. That information is provided in the paragraphs below as follows: 1. History of the originating Boxelder Alliance. 2. The initial Boxelder Creek Regional Stormwater Master Plan. 3. Formation of the Boxelder Basin Regional Stormwater Authority (BBRSA). 4. Progression of the Authority and Master Plan since 2008. 1. BOXELDER ALLIANCE Early in 2005, stormwater planners in northern Larimer County took a holistic approach to addressing flood hazard and stormwater drainage problems in the Boxelder Creek watershed. The current BBRSA members have been working together for over 8 years. This watershed or basin encompasses over 265 square miles and extends from just north of the Wyoming border to the Poudre River on the south. Attachment 1 shows the entire FEMA mapped Boxelder Creek floodplain from the Poudre River on the south to just below the existing NRCS dams to the north. Because the Boxelder Creek floodplain affects many property owners and several local 2 Packet Pg. 59 January 28, 2014 Page 2 governments, intensive efforts were made to develop a regional flood hazard mitigation plan. It should be noted that Coal Creek and Indian Creek both feed into Boxelder Creek near the Town of Wellington. The communities of Fort Collins, Wellington, Timnath, Windsor, and Larimer County all shared a common goal in mitigating the flood hazard posed by Boxelder Creek. The Alliance was formed in early 2005 to develop a “regional” solution that is more efficient, wide ranging and cost effective than the entities could develop independently. The Alliance members included: Colorado Dept of Transportation (CDOT) Larimer County City of Fort Collins Town of Wellington Town of Timnath Town of Windsor North Poudre Irrigation Company Boxelder Sanitation District New Cache La Poudre Irrigation Company A Private Property Owners’ Group Colorado Water Conservation Board (CWCB) 2. Boxelder Creek Regional Stormwater Master Plan Representatives of these entities met over a period of two years to consider ways to mitigate flood hazards within the area that is tributary to Boxelder Creek from County Road 70 north of Wellington south to where Boxelder Creek floodwaters join the Cache La Poudre River. The Boxelder Creek 100-Year floodplain impacts approximately 4,900 acres of land within the regional area. While average floodplain velocities and depths are low (depths less than 3 feet and velocities less than 2.5 feet per second), the hazard associated with the flooding is estimated to be high due to the numerous split flows and diversions which occur within the basin. Flow paths are not well defined and the existing channel system and cross culverts are not capable of conveying large quantities of runoff. Numerous roads would overtop during the 100-Year frequency flooding event. Due to the numerous split flows and diversions that occur, the potential for overtopping frequently used roads and the probability of the existing conveyance system to become blocked, there is the potential for loss of life and/or bodily injury during an extreme runoff event. Kevin Houck, Chief of Watershed and Flood Protection for the CWCB have stated that, “The Boxelder watershed remains on the Top 10 list of high risk watersheds for the State of Colorado…” Table ES-1 from the Master Plan summarizes the estimated damages during a 100-year frequency flooding event and is shown below: Boxelder Creek Regional Stormwater Master Plan Table ES-1 Estimated Existing Damages Summary (100-Year Flood) Reach/Entity Est. Present Worth Damages Structures Impacted No. of Roads Overtopped By Jurisdiction Larimer County/City of Fort Collins $76.9 Million 400 24 Town of Wellington $29.5 Million 220 4 Town of Timnath $3.4 Million 50 5 Total $109.8 Million 670 33 It was determined that the best approach to basin wide flood hazard mitigation would be to prepare a common plan for flood mitigation improvements within the Basin. Members of the Alliance pooled funding to prepare a storm water Master Plan for the Boxelder Basin. The resulting Boxelder Creek Regional Stormwater Master Plan (Master Plan) was completed in October 2006. The Master Plan recommended the formation of a Stormwater Authority to fund and implement the regional stormwater improvements. 2 Packet Pg. 60 January 28, 2014 Page 3 3. BOXELDER BASIN REGIONAL STORMWATER AUTHORITY (BBRSA) On August 20, 2008, the City of Fort Collins (Fort Collins), Larimer County (County) and the Town of Wellington (Wellington) entered into an intergovernmental agreement (IGA) to establish the Boxelder Basin Regional Stormwater Authority (BBRSA). The BBRSA was established to fund and implement the regional stormwater improvements outlined in the Boxelder Regional Stormwater Master Plan. It was anticipated that a CWCB low-interest loan would be obtained for construction of the facilities and would be paid back through monthly fees and charges as well as a system of development fees raised by the Authority from properties located within the Boxelder Creek Drainage Basin. Grants would also be pursued to offset some of the costs associated with the project. Attachment 2 provides a summary description (work to be completed, estimated construction costs, and resulting benefits) of the Boxelder Creek Regional Stormwater Master Plan Phase I regional stormwater projects listed below: Diversion of Coal Creek to Clark Reservoir Edson (East Side) Detention Reservoir Middle Boxelder Creek Stream Improvements Larimer and Weld Crossing Structure. The total funding requirement for the Master P l a n Phase I Regional Stormwater Improvements was $13.7 million (depending on the final design of the Edson Detention Reservoir and available storage). 4. PROGRESSION OF THE BBRSA SINCE 2008 Diversion of Coal Creek to Clark Reservoir The Diversion of Coal Creek to Clark Reservoir (later known as the Coal Creek Flood Mitigation Project) was completed by the BBRSA in cooperation with Larimer County in 2011. The project diverts stormwater flows from Coal Creek (which is tributary to Boxelder Creek) into the Clark Reservoir Inlet Canal and ultimately into Clark Reservoir. North Poudre Irrigation Company (NPIC) owns these facilities, which are north of the Town of Wellington. The Inlet Canal was enlarged to accommodate the 1,700 cfs from Coal Creek, Clark Reservoir was dredged and the emergency spillway was raised to accommodate the decreed storage of NPIC along with the diverted Coal Creek flows. During construction, 186,000 cubic yards of sediment was removed from Clark Reservoir. The dredging combined with raising the emergency spillway provides the 540 acre-feet of flood storage along with the 871 acre-feet of decreed storage for NPIC. This project was funded using a FEMA Pre- Disaster Mitigation Grant (PDM), matching local sponsor funds and BBRSA stormwater fees. Benefits of the Coal Creek project are: Storm flows are diverted from Coal Creek into Clark Reservoir which reduces flooding in Wellington; Over 103 Acres of land was removed from the 100-Year floodplain; There were 145 structures within the Wellington 100-Year Floodplain including a grade school and junior high: o 101 structures were removed from the floodplain with the approved LOMR including the two schools; o 31 structures were removed with approved LOMAs; o 13 structures remain in the floodplain because their lowest opening is below the revised BFE; and The FEMA Floodplain maps have already been revised to reflect this reduction in the 100-Year Floodplain. East Side Detention Facility (ESDF) The Boxelder Creek Regional Stormwater Master Plan refers to the East Side Detention Facility as the "Edson Reservoir" and conceptually located it just north of County Road 60. This location would reduce downstream flows by 40-60% as they crossed the east-west roads between County Road 48 and County Road 60. All of these crossings are currently subject to significant overtopping and flooding during a 100-year flood event. As a result, the 100-Year Floodplain would be reduced as well as the size and cost of bridge/culvert crossings at each of the County Roads. It should be noted the plan did not eliminate overtopping of the County Roads. The construction of bridge/culvert crossings to pass the 100-year flood were identified as local improvements in the 2 Packet Pg. 61 January 28, 2014 Page 4 Master Plan and were to be funded by Larimer County and private developers as development progressed north towards Wellington. As the site investigation continued it became apparent that the original proposed location could not provide the required detention and would result in the condemnation of homes. When the original site became no longer feasible, the BBRSA decided to move forward with an extensive Siting Study in 2010. The goal of this Siting Study was to identify the best location(s) for the proposed ESDF both from a flood reduction perspective and also from a cost and constructability perspective. At least 10 possible sites were evaluated and eliminated based on feasibility. Attachment 3 provides a map and a summary description of the site evaluation process. Once this analysis was completed the BBRSA confirmed the selection of the current site adjacent to the existing Gray Lakes Reservoirs as the best location from flood reduction, cost and constructability perspectives. Timnath Participation Representatives from the BBRSA and the Town of Timnath then began discussions on the possibility of increasing the size of the ESDF to reduce downstream flows. If the outflows from the ESDF can be reduced to approximately 2,500 cfs the City of Fort Collins and the Town of Timnath could consider unplugging two large box culverts at the crossing of Interstate 25 (I-25) and Boxelder Creek. Two of the four box culverts originally constructed at this location have been plugged since they were first built. When FEMA revised the floodplain mapping in this area, the resulting overflow from this blockage extended the floodplain south along the east side of I-25 flooding large sections of Timnath. Opening the two box culverts will eliminate this overflow path. When the BBRSA engineering consultant determined the potential exists to meet this goal, the Town of Timnath expressed interest in participating financially with the BBRSA to achieve this goal. County Roads between CR 48 and CR 60 The relocation of the ESDF downstream to its current proposed location just south of and adjacent to County Road 52 results in a significant reduction in the original benefits of a reduced (narrower) floodplain and shallower overtopping of County roads north of ESDF to County Road 60. In June 2013, an approach was identified to address Larimer County’s concerns with regard to County Road 52 which consisted of determining the relative benefits (primarily determined by cost, life safety improvements and transportation corridor access) to Larimer County from proposed stormwater improvements at County Road 52 to those that would have been obtained through implementation of the original Master Plan. The approach determined and compared: the estimated size and cost of improvements at County Road 52 required to convey flood flows under the roadway such that the road overtopping matches what would have occurred had Edson been built at the Master Plan location; the estimated size and cost of improvements needed to convey additional flood flows under County Road 52 in order to meet the County criteria of 6 inches of overtopping; the reduced future costs for Larimer County to address 100-year flood roadway overtopping at County Roads ,50 and 48 that would result from the construction of the proposed BBRSA improvements; and, the increased future costs to Larimer County to address 100-year flood roadway overtopping at County Roads 54, 56, 58 and 60 now that the 100-year flood flows are higher than they would have been after construction of a detention facility north of these roadways. On August 10, 2013 a meeting was held with Larimer County Commissioners and representatives of the City of Fort Collins, Town of Wellington, Town of Timnath, and Larimer County staff. The intent of the meeting was to gain consensus on a proposed compromise for addressing the additional costs required to address Larimer County’s concerns regarding County Road 52. A solution was reached that results in the need for an additional intergovernmental agreement (IGA) between the City of Fort Collins, Larimer County, and Timnath to share equally (one third each) in providing the approximately $1.04 Million of funds necessary to cover the estimated shortfall once the improvements to County Road 52 are included along with the construction of the ESDF and Larimer/Weld Crossing Structure. BBRSA Master Plan Modifications 2 Packet Pg. 62 January 28, 2014 Page 5 As a result of the above, the improvements as envisioned in the original Boxelder Creek Regional Stormwater Master Plan were modified based on design constraints, construction feasibility and impacts and costs. It is important to note that the original Master Plan was a conceptual document. As is the case with all such efforts, the final design frequently necessitates changes to the original concept as design efforts and site investigations become more refined. It is important to note that the current proposed regional stormwater improvements maintain the original focus of increasing life safety and reducing floodplain extents. The BBRSA Master plan now consists of the remaining regional stormwater projects: East Side Detention Facility (Located adjacent to Gray Lakes Reservoirs); Larimer and Weld Crossing Structure of Boxelder Creek; and, County Road 52 Improvements. FINANCIAL AND SOCIAL IMPACTS The BBRSA stormwater improvements benefit citizens and residents within our region. This section identifies the benefits that the City of Fort Collins will receive as a result of the construction of the remaining BBRSA regional stormwater projects (the East Side Detention Facility, Larimer/Weld Canal Crossing Structure, and County Road 52 Improvements). Updated Benefit / Cost Ratio In light of the BBRSA Master Plan revisions, an update of the estimated Benefit/Cost Ratio of the regional stormwater projects was completed to confirm the financial benefits. The table below uses information on damage losses from the 2006 Boxelder Creek Regional Stormwater Master Plan and compares the losses with the current estimated construction costs for the remaining BBRSA projects (ESDF, LWCCS, and CR52 Improvements). 10/30/2013 Boxelder Creek Reach Potential Damages at Existing Conditions Potential Damages after construction of ESDF and LWCCS Resulting Benefit (Damage Reduction) Middle Boxelder Creek (CR54 to I25) $ 9,990,993 $ 5,000,000 $ 4,990,993 Boxelder Overflow $ 9,007,028 $ - $ 9,007,028 Lower Boxelder Creek (I25 to Poudre) $ 2,015,535 $ 811,806 $ 1,203,729 Boxelder I 25 Split $ 10,224,807 $ - $ 10,224,807 Cooper Slough $ 27,344,409 $ 8,623,624 $ 18,720,785 Cache La Poudre Overflow $ 2,311,180 $ 220,493 $ 2,090,687 Totals $952 60,893,$923 14,655,$029 46,238, 2Current Construction Cost Estimate (ESDF, LWCCS& CR 52 Imprvmts) $000 11,700, Estimated Benefit/Cost Ratio 3.95 1 Source: Table C-3 Appendices BOXELDER CREEK REGIONAL STORMWATER MASTER PLAN October 2006 1Present Worth Damage Losses Estimated in 2006 Master Plan 2 Initial Total Costs to be offset by Authority Revenue & TDA contributions & Additional Funding from New IGA Review of the table shows an updated Benefit/Cost Ratio of 3.95. In most instances, a B/C ratio of 1.5 or 2 is considered very good. Such a high B/C ratio is very unusual and demonstrates the dramatic benefits that construction of the BBRSA projects has with regard to the reduction in damages from a 100-Year flood event. Summary – Fort Collins Benefits There are significant financial benefits and reductions in flood damage to properties located with the City of Fort Collins and its GMA as shown in the summary table below. 2 Packet Pg. 63 January 28, 2014 Page 6 Cooper Slough The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek overflow on that extends south along the east side of Interstate Highway 25. The Cooper Slough will benefit by a dramatic reduction in 100-Year flood flows that currently cross beneath Interstate Highway 25 (I-25) in the Larimer and Weld Irrigation Canal and spill down the Cooper Slough Drainageway. There are significant benefits to Fort Collins as outlined below: • Fort Collins saves $11.3 Million in reduced stormwater infrastructure costs on the Cooper Slough area alone; • Approx. 130 acres of land will be removed from the 100-year floodplain; • Reductions in flood damages for approximately 90 existing commercial and residential structures (northwest corner of Mulberry and I-25); • The commercial buildings at the southwest corner of Mulberry and I-25 will also see reductions in flood damage; • Significantly reduces the size and quantity of the proposed stormwater infrastructure in the area of Cooper Slough and Mulberry; and, • 100-Year flows in Cooper Slough will be reduced from approx. 2500 cfs to 780 cfs. Boxelder Creek The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek overflow that extends south along the east side of Interstate Highway 25. The ESDF facility will reduce the 100-Year Flood flows to approximately 2,500 cfs. With Fort Collins and Timnath agreeing to jointly fund and construct improvements near and upstream of the Boxelder Creek crossing of Prospect Road, the two large box culverts at the crossing of Interstate 25 (I-25) and Boxelder Creek can be unplugged. When FEMA revised the floodplain mapping in this area, the resulting overflow from this blockage extended the floodplain south along the east side of I-25 flooding large sections of Timnath. Opening the two box culverts will eliminate the current Boxelder Creek overflow floodplain that extends south along the east side of I-25 and floods large sections of Timnath. There are significant benefits to Fort Collins as outlined below: • A $6 million savings for roads within the Fort Collins GMA (County Roads 54, 52, 50, 48 and State Highway 14); • A $2.1 million savings for stormwater improvements at Boxelder Creek and Prospect Road. • Approx. 650 acres of land with the Fort Collins GMA will be removed from the 100-Year floodplain; • Approx. 1,630 acres of land for the reach of Boxelder Creek below County Road 52 will be removed from the 100-Year Floodplain. • Upon completion of all projects, the Boxelder overflow 100-Year floodplain through Timnath will be eliminated. • There is a reduction of flood damages for existing properties. 2 Packet Pg. 64 January 28, 2014 Page 7 Road Crossings of Boxelder Creek - County Road 52 Intergovernmental Agreement (IGA) The current estimated cost of the ESDF, LWCCS and CR 52 Improvements is $11,748,274. After subtracting loan origination fees, the total amount of available funding for the three CWCB loans is $8,910,000. The BBRSA and TDA will contribute revenue and participating funds, respectively, during the design and construction of ESDF and LWCCS in the amount of $1,800,000. That leaves an estimated shortfall of $1,038,274. Fort Collins, Larimer County and Timnath agreed to share equally in providing the necessary funds to the BBRSA to cover this estimated shortfall. The legal counsel for the BBRSA discussed the proposed County Road 52 IGA with attorneys from each of the member entities. The draft County Road 52 IGA has been distributed to the attorneys for review and final changes. Larimer County will need to adopt the ordinances for both the First Amendment to the IGA and this new cost sharing IGA while Fort Collins and Timnath will need to adopt the ordinance establishing the new cost sharing IGA. Approval of the new County Road 52 IGA is scheduled for the February 18, 2014 City Council Meeting. FUNDING STATUS Timnath and BBRSA Intergovernmental Agreement (IGA) Timnath has executed an intergovernmental agreement with the BBRSA to initially provide $500,000 and then fund 25% (approximately $2.5 Million) of the costs to design and construct the ESDF and LWCCS. First Amendment to Boxelder Basin Regional Stormwater Authority (BBRSA) IGA With an agreement in place with Timnath, the BBRSA moved forward with the First Amendment to the original IGA which formed BBRSA. According to Section 2.05 (f) of the IGA, all member entities must agree to the issuance of debt by the BBRSA. The Amendment approved the issuance of debt based on the CWCB loan applications for ESDF and LWCCS which were submitted on April 1, 2013. This amendment has been approved by the City of Fort Collins and the Town of Wellington and awaits approval by Larimer County. CWCB Loan Status The two original CWCB loan application and feasibility studies for ESDF and LWCCS were applied for on April 1, 2013. These loans were approved by the CWCB Board at its meeting on May 14, 2013. The final loan contracts were received on July 11, 2013. The review and execution of these contracts are currently on hold pending execution of the First IGA Amendment by Larimer County and the execution of the New IGA between the City of Fort Collins, Larimer County, the Timnath Development Authority and the BBRSA. The third CWCB loan application and feasibility study for a portion of the County Road 52 Improvements was submitted to CWCB on November 1, 2013. This package is scheduled to appear before the CWCB Board on January 27, 2014. Staff from the CWCB has confirmed that the CWCB funds are available for land acquisition but cannot be used for the legal costs associated with the condemnation process. Eminent Domain The power of eminent domain for the BBRSA stems from two independent sources: The BBRSA is created pursuant to C.R.S. § 29-1-203 and C.R.S. § 29-1-204.2, which allows any combination of municipalities, special districts and other political subdivisions of the states, which includes counties, to form a water resources or drainage authority through contract between the parties for the purpose of developing water resources or drainage facilities. The BBRSA Intergovernmental Agreement is also the type of agreement authorized by C.R.S. § 29-1-203. One of the powers granted by the signatories is the power to condemn property for public use (IGA Article III, Section 3.01(f). Since the power to condemn property for water and drainage purposes is common to all of 2 Packet Pg. 65 January 28, 2014 Page 8 the signatories to the IGA, the BBRSA may exercise the power to condemn any interest in property, including a fee interest. Real Estate (Land Acquisition) Status The BBRSA is in the process of negotiating the acquisition of land from impacted properties. Letters of Intent to Acquire have been issued to property owners. If negotiations fail, the BBRSA Board of Directors may need to exercise its condemnation powers. The BBRSA Board of Directors must vote in order to exercise the use of eminent domain. SCHEDULE The latest updated schedule for completion of the BBRSA regional stormwater improvements is: SPECIFIC ISSUES AND INQUIRIES Over the last couple of months, there have been specific inquiries pertaining to the purpose of the BBRSA and its ability and legal authority to proceed with the steps necessary to design and construct the regional stormwater improvements. Legal authorities and funding considerations of the BBRSA include: Article V of the IGA authorizes the BBRSA to establish rates and collect stormwater fees and charges on property within the BBRSA service area. Article V of the IGA specifically states that the BBRSA members have the option to pay the BBRSA directly in lieu of having the BBRSA collect stormwater fees. Fort Collins has properly budgeted for the payment of these fees as part of its normal budgeting cycle. The BBRSA has the legal authority to acquire real estate by eminent domain through the process of condemnation (C.R.S. § 29-1-203 and C.R.S. § 29-1-204.2). The BBRSA has received low interest loans from the Colorado Water Conservation Board (CWCB) that can be used for property acquisition and regional stormwater project design and construction costs. 2 Packet Pg. 66 January 28, 2014 Page 9  The BBRSA has received low interest loans from the Colorado Water Conservation Board (CWCB) that can be used for property acquisition and regional stormwater project design and construction costs. A detailed listing of the issues and responses is provided in Attachment 4. Previous sections of this report addressed issues regarding: • the purpose and benefits of the BBRSA; • the rationale for the East Side Detention Pond Siting; • Approval of CWCB Loans; • Legal authority to issue debt; and • BBRSA’s authority to use eminent domain. ATTACHMENTS 1. FEMA Mapped Boxelder Creek Floodplain (PDF) 2. Boxelder Creek Regional Stormwater Master Plan -- Phase I Project Summaries (PDF) 3. Boxelder Basin Regional Stormwater Authority -- ESDF Siting Study Summary (PDF) 4. BBRSA -- Specific Issues and Responses (PDF) 5. BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development Fees) (PDF) 6. 2013-14 City of Fort Collins Budget Excerpt (Boxelder Basin Regional Stormwater Authority Funding) (PDF) 7. Powerpoint presentation (PDF) FEMA Mapped Boxelder Floodplain ATTACHMENT 1 2.1 Packet Pg. 68 Attachment2.1: FEMA Mapped Boxelder Floodplain (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) Update) BOXELDER CREEK REGIONAL STORMWATER MASTER PLAN PHASE I REGIONAL PROJECTS Project Summaries 1 of 1 DIVERSION OF COAL CREEK TO CLARK RESERVOIR Description: Improvement of the North Poudre Canal to capture and convey Coal Creek flood flows easterly into Clark Reservoir, dredging of Clark Reservoir to provide for flood storage volume, agreement with North Poudre Irrigation Company to preserve flood storage capacity with the reservoir, spillway and outlet works improvements, and associated land acquisition. Estimated Construction Costs: $6.2 Million Benefits: Reduces peak discharges downstream (approximately 90% in n Coal Creek; 5-10% in Boxelder Creek) via attenuation in Clark Reservoir, reduces floodplain ex tents by approximately 150-215 acres; minimizes flooding potential and damages for approximately 180 structures (including 2 schools, community center, residential and commercial structures) EDSON (EAST SIDE) DETENTION RESERVOIR Description: Construction of an earthen embankment and un-gated outlet to impound 660 to 990 acre-feet of storage on Indian Creek just upstream of County Road 60; potential diversion of storm flows at the Boxelder/I-25 split flow location, and associated land acquisition. Estimated Construction Costs: $4.1 to $6.1 Million (Used $5.1 for cost estimates) Benefits: Significantly reduces peak discharges downstream (approximately 40-60%) via attenuation of flood flows in the new Edson Detention Reservoir, minimizes sizes of required downstream conveyance improvements, reduces floodplain extents and potential for downstream split flood flows, minimizes flooding potential and damages to approximately 165 existing structures within Larimer County and Fort Collins. MIDDLE BOXELDER CREEK STREAM IMPROVEMENTS Description: Improved stormwater conveyance and associated stream improvements to the Middle Boxelder Creek section from County Road 52 to County Road 52; construction of two storm drainage channels to direct flow to Boxelder Creek. Estimated Construction Costs: $1.1 Million Benefits: Reduces potential for overflow and split flood flows adjacent to I-25, reduces impacts to Cooper Slough, removes approximately 535 acres of the Boxelder Overflow flood plain (in conjunction with Edson Detention Reservoir); provides potential trail and recreational opportunities. LARIMER AND WELD CROSSING STRUCTURE Description: Construct a siphon or spill structure at the Boxelder Creek/Larimer and Weld crossing to protect the irrigation canal and allow flood flows to continue south in Boxelder Creek. Estimated Construction Costs: $1.3 Million Benefits: Reduces potential overtopping of the Larimer and Weld irrigation canal and diversion of flood flows west beneath I-25 to the Cooper Slough drainageway. The total funding requirement for the Master P l an Phase I Regional Stormwater Improvements was $13.7 million (depending on the final design of the Edson Detention Reservoir and available storage). ATTACHMENT 2 2.2 Packet Pg. 69 Attachment2.2: Boxelder Creek Regional Stormwater Master Plan -- Phase I Project Summaries (1582 : Boxelder Basin Regional Stormwater BOXELDER BASIN REGIONAL STORMWATER AUTHORITY EAST SIDE DETENTION FACILITY (ESDF) Siting Study Summary 1 of 3 BACKGROUND The Boxelder Creek Regional Stormwater Master Plan refers to the East Side Detention Facility as the "Edson Reservoir" and conceptually located it just north of County Road 60. This location would reduce downstream flows by 40-60% as they crossed the east-west roads between County Road 48 and County Road 60. All of these crossings are currently subject to significant overtopping and flooding during a 100-year flood event. As a result, the 100-Year Floodplain would be reduced as well as the size and cost of bridge/culvert crossings at each of the County Roads. It should be noted the plan did not eliminate overtopping of the County Roads. The construction of bridge/culvert crossings to pass the 100-year flood were identified as local improvements in the Master Plan and were to be funded by Larimer County and private developers as development progressed north towards Wellington. EAST SIDE DETENTION FACILITY – SITING STUDY As the site investigation continued, it became apparent that the original proposed “Edson Reservoir” location could not provide the required detention and would result in the condemnation of homes. When the original site became no longer feasible, the BBRSA decided to move forward with an extensive Siting Study in 2010. The goal of this Siting Study was to identify the best location(s) for the proposed ESDF both from a flood reduction perspective and also from a cost and constructability perspective. At least 10 possible sites shown on the attached map were evaluated and eliminated based on feasibility. A detailed description of the process and outcome is included in the BBRSA’s applications to the Colorado Water Conservation Board (CWCB) dated April 1, 2013 requesting loans to construct the regional stormwater improvements (ESDF and LWCCS). The relocation of the ESDF downstream to its current proposed location just south of and adjacent to County Road 52 results in a significant reduction in the original benefits of a reduced (narrower) floodplain and shallower overtopping of County roads north of ESDF. Each site was evaluated based on the available floodwater storage, hydrologic benefits to downstream flow rates, and impacts to existing homes/structures. A principal goal was to keep the 100 year flows within the main channel of Boxelder Creek which would eliminate the split flow or westerly floodplain of Boxelder Creek (shown on Exhibit A adjacent to I-25 between CR52 and Mulberry Street), which greatly reduces the flood damage risk to people and property. The main channel of Boxelder Creek can convey approximately 2,900 cfs. Using the 2,900 cfs as a target for downstream flows, six of the alternatives were eliminated from further consideration due to their inability to reduce flood flows to the target discharge within the Middle Basin (County Road 50 to Mulberry Street). Additional factors contributing to the elimination of these six alternatives included the inundation of homes, site constraints that limited potential storage volume, and/or the reservoirs location relative to Boxelder Creek. One alternative site was located on the existing CSU Agricultural Research and Development Center or ARDEC. After the publication of the 2010 Siting Study for Edson Reservoir, the Authority manager and Ayres engineers met with staff from ARDEC to determine their willingness to allow the construction of a flood mitigation dam just north of County Road 56 on their property. Ayres prepared a preliminary grading plan for the dam, along with several cross sections through the dam, so they could see the impact to their existing center pivot and grazing area for their cattle which they keep on-site. The proposed facility has significant impacts on ARDEC’s day to ATTACHMENT 3 2.3 Packet Pg. 70 Attachment2.3: Boxelder Basin Regional Stormwater Authority -- ESDF Siting Study Summary (1582 : Boxelder Basin Regional Stormwater BOXELDER BASIN REGIONAL STORMWATER AUTHORITY EAST SIDE DETENTION FACILITY (ESDF) Siting Study Summary 2 of 3 day operations both during construction of the dam and afterwards. A suggestion was made to investigate the site south of ARDEC between CR 54 and CR 56 which is currently owned by the City of Thornton. BBRSA representatives and Larimer County Staff met with the City of Thornton to investigate the potential siting of the ESDF on land it owns north of County Road 54. The BBRSA engineer prepared a preliminary grading plan and cross sections for a dam which achieved the downstream residual flow targets. The City of Thornton stated its objection to a proposed detention facility due to its plans to construct a water storage facility and/or potential pumping station on the site. The BBRSA then contacted the Larimer Canal Reservoir Company (the owners of the Gray Lakes Reservoirs) and looked again at using the Gray Lakes site for the proposed ESDF. The site design for this site was modified from the Siting Study alternative to provide a dam just north of CR 50 on the west side of the existing Gray Lakes dams. The difference between this alternative and a previous alternative is there would be no storage of water in the existing Gray Lakes on top of their normal pool elevation. Prior to beginning the final design for the current ESDF option, Ayres Associates, met with Michael-Baker (as representatives of FEMA) to confirm that the proposed portion of the dam which is located just south of CR 52 and runs parallel to CR 52 would not be considered a “levee” by FEMA. This was a significant cost savings to the project. As part of the preliminary design process Ayres has also completed a “fatal flaw” analysis of the proposed design. Once this analysis was completed the BBRSA confirmed that this site provided the best location from a flood reduction perspective and also from a cost and constructability perspective. 2.3 Packet Pg. 71 Attachment2.3: Boxelder Basin Regional Stormwater Authority -- ESDF Siting Study Summary (1582 : Boxelder Basin Regional Stormwater BOXELDER BASIN REGIONAL STORMWATER AUTHORITY EAST SIDE DETENTION FACILITY (ESDF) Siting Study Summary 3 of 3 2.3 Packet Pg. 72 Attachment2.3: Boxelder Basin Regional Stormwater Authority -- ESDF Siting Study Summary (1582 : Boxelder Basin Regional Stormwater BOXELDER BASIN REGIONAL STORMWATER AUTHORITY SPECIFIC ISSUES AND RESPONSES Summary Listing 1 of 3 Specific Issues and Responses Issue: The BBRSA was only established to allow more development in the region. Response: Flooding and stormwater drainage problems have long plagued the Boxelder Creek watershed, particularly the developing area from just north of the Town of Wellington, Colorado to just south of Timnath, Colorado. Major floods have occurred in 1909, 1922, 1930, 1937, 1947, 1963, 1967 and 1969. In 1947, the Fort Collins Coloradoan included a headline that read "Violent Rainstorm Floods Large Area; Crop Losses Heavy". As much as five (5) inches of rain fell northwest of Wellington, washing out bridges and flooding crops. Nearly 1,000 acres of grain, alfalfa and corn crops were damaged. Heavy rains caused Boxelder Creek to overflow its banks again in 1967 and resulted in the death of a mother and her three daughters. The woman and her daughters drove into the flooded creek where it passed over a county road southwest of Wellington. Floods that summer destroyed county bridges seven times. The BBRSA was established to protect life safety, reduce 100-Year floodplain extents, protect existing structures (including schools and critical facilities), protect existing residences and businesses, reduce flood overtopping of 33 roads and 4 irrigation canals, reduce the costs to construct new stormwater infrastructure, improve emergency response, and reduce flooding on currently undeveloped areas that will be developed in the future. Issue: The BBRSA does not have the legal authority to collect stormwater service and plant investment fund (PIF) fees. Response: Article V of the BBRSA Intergovernmental Agreement outlines the provisions by which the BBRSA is authorized and required to impose rates, fees and charges on property within the BBRSA Service Area to fund the regional stormwater improvements. Issue: The BBRSA does not have the legal authority to acquire real estate by eminent domain through the process of condemnation. Response: The power of eminent domain for the Authority stems from two independent sources. The Authority is created pursuant to C.R.S. § 29-1-203 and C.R.S. § 29-1- 204.2, which allows any combination of municipalities, special districts and other political subdivisions of the states, which includes counties, to form a water resources or drainage authority through contract between the parties for the purpose of developing water resources or drainage facilities. See C.R.S. § 29-1- 204.2(1). By entering into the Intergovernmental Agreement for Stormwater Cooperation and Management (“Agreement”), the City of Fort Collins, the Town of Wellington and Larimer County formed the Authority in conformance with C.R.S. § 29-1-204.2. It should also be noted that the Agreement is also the type of agreement authorized by C.R.S. § 29-1-203 for the formation of an intergovernmental authority. The Authority also has an independent power of condemnation as a result of its creation as an intergovernmental entity pursuant to C.R.S. § 29-1-203. C.R.S. § 29- 1-203 allows counties and municipalities to contract with one another to create governmental entities to carry out agreed- upon functions. As pointed out previously, the Agreement is the type of contract contemplated by C.R.S. § 29-1-203. One of ATTACHMENT 4 2.4 Packet Pg. 73 Attachment2.4: BBRSA -- Specific Issues and Responses [Revision 1] (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) Update) BOXELDER BASIN REGIONAL STORMWATER AUTHORITY SPECIFIC ISSUES AND RESPONSES Summary Listing 2 of 3 the powers granted by the signatories is the power to condemn property for public use. Agreement, Art. III, Section 3.01(f). This power includes the ability to acquire any interest in property, including a fee interest. As pointed out in Durango Transportation, Inc.v. City of Durango, 824 P.2d 48 (Colo. App. 1991), when an entity is created by governmental agreement, it has all of the powers authorized to each of the participants to the agreement. See Durango Transportation at p. 51. Each of the signatories to the Agreement has the power to condemn property for public purposes including drainage. Wellington is a statutory municipality with the power of condemnation granted by C.R.S. § 31-35-402(1)(a). Larimer County is granted the power to condemn for water and drainage facilities by C.R.S. § 30-11- 107(1)(w). The City of Fort Collins has the power to condemn for public use as granted by Art. IV, Sec. 14 of its Charter. Since the power to condemn property for water and drainage purposes is common to all of the signatories to the Agreement, the Authority may exercise the power to condemn any interest in property. Issue: The BBRSA Board of Directors does not vote to go into executive session. Response: The executive sessions are listed on the agenda for each Board meeting. The Board has voted whether or not to go into Executive Session every time. This is documented in the meeting minutes for every Board meeting. The BBRSA Manager reads the relevant CRS provisions to the Board of Directors prior to every Executive Session. The Executive Session is recorded in accordance with state law. Issue: The City of Fort Collins is violating its Home Rule Charter by paying the debts and liabilities (i.e. stormwater service and PIF fees) of private parties (property owners within the BBRSA Service Area). The City of Fort Collins has not contracted with the BBRSA. Response: Article V, Section 5.04 of the BBRSA Intergovernmental Agreement specifically outlines and states that the BBRSA members have the option to pay the BBRSA directly in lieu of having the BBRSA collect fees. The Intergovernmental Agreement does not deprive any Member of its inherent power to charge for stormwater services and facilities within its boundaries. Issue: The BBRSA Board of Directors never adopted or approved fee schedules. Response: The BBRSA Board of Directors adopted fee schedules for both stormwater service fees and stormwater system development fees by Resolution 2008-1 and Resolution 2008-2, respectively on December 8, 2008. Photocopies of the resolutions are provided as Attachment E. Issue: The City of Fort Collins has not properly budgeted for or audited the funding provided to pay the stormwater service and PIF fees to the BBRSA. Response: The City has budgeted for the payment of these fees to the BBRSA as part of its normal budgeting cycle. Please reference Attachment F which shows that the BBRSA funds were included in the City’s 2013-14 Budgeting for Outcomes process. 2.4 Packet Pg. 74 Attachment2.4: BBRSA -- Specific Issues and Responses [Revision 1] (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) Update) BOXELDER BASIN REGIONAL STORMWATER AUTHORITY SPECIFIC ISSUES AND RESPONSES Summary Listing 3 of 3 Issue: The BBRSA has not followed proper statutes because it has issued Letters of Intent to acquire and is proceeding with condemnation and it has not voted to proceed with condemnation. Response: The BBRSA Board has not started condemnation proceedings. It does not have to vote prior to sending the Notices of Intent to acquire. If negotiations fail, or if it appears that they will, the BBRSA Board would have to vote prior to proceeding with the use of eminent domain. Issue: The BBRSA regional stormwater improvement projects are taking a substantial amount of agricultural land out of production. Response: This is inaccurate. The only project that directly impacts agricultural land is the East Side Detention Facility (now known as the Gray Lakes Detention Facility). The existing “Day” parcel comprises 205 Acres, of which 192 acres are farmland. Approximately 149 Acres of the parcel is currently in the 100-Year floodplain. Construction of the detention reservoir requires the acquisition of 57 Acres which reduces the amount of land available for agricultural use to 135 Acres. All of the remaining agricultural land will have been removed from the 100-Year floodplain and will not be subject to flood damage during a storm event. It is also important to note that the same land could also be developed on in the future if the property owner so chooses. Issue: The CWCB will not approve the proposed loans to the BBRSA because the BBRSA must already own the property in fee simple. CWCB loans cannot be used for property acquisition. Response: This is inaccurate. The CWCB has confirmed that funds are available for land acquisition but cannot be used for the legal costs associated with the condemnation process. Further discussions are anticipated with CWCB in early January 2014 to clarify and finalize the loan funding approach and process. Issue: The BBRSA is no longer following the original Master Plan and therefore the proposed improvements are not in alignment with the original intent. Response: This is inaccurate. It is important to note that the Original Master Plan was a conceptual document. The potential use of the Gray Lakes site (upstream of County Road 50) is actually included in the original Boxelder Creek Master Plan as Alternative 5. The Selected Alternative (5A) from the Master Plan proposed the regional detention storage be located at the “Edson Reservoir” location upstream of County Road 60. During the course of design, it was determined that the improvements as originally envisioned in the original Master Plan would need to be modified based on design constraints, construction feasibility and impacts and costs. As is the case with all such efforts, the final design sometimes necessitates changes to the original concept as design efforts and site investigations become more refined. As a result, the final proposed use of the Gray Lakes site for construction of the regional detention facility both meets the physical constraints and is in keeping with the alternative solutions outlined in the original Master Plan. 2.4 Packet Pg. 75 Attachment2.4: BBRSA -- Specific Issues and Responses [Revision 1] (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) Update) ATTACHMENT 5 2.5 Packet Pg. 76 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development 2.5 Packet Pg. 77 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development 2.5 Packet Pg. 78 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development 2.5 Packet Pg. 79 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development 2.5 Packet Pg. 80 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development 2.5 Packet Pg. 81 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development 2.5 Packet Pg. 82 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development 2.5 Packet Pg. 83 Attachment2.5: BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development SAFE COMMUNITY Packages and Offers Budget Years: 2013 - 2014 182.1 2013 - $255,000 2014 - $265,000 Boxelder Basin Regional Stormwater Authority - Funded The Boxelder Basin Regional Stormwater Authority (BBRSA) was established in 2008 by an intergovernmental agreement (IGA) among the City of Fort Collins, Larimer County and the Town of Wellington. The BBRSA is managed by a 5-member Board of Directors. Each government appoints one director, and there are two jointly-appointed directors (Fort Collins/Larimer County and Wellington/Larimer County). Each government provides financial and staff support to the BBRSA, which includes annual stormwater fees. This offer provides funding for the City's 2013 and 2014 annual payment of stormwater service fees and plant investment fees to the BBRSA. The Boxelder Basin Regional Stormwater Master Plan was adopted and an IGA created to design and construct stormwater improvements to address flood mitigation and protection within the Boxelder and Cooper Slough stormwater drainage basins. 190.1 2013 - $857,551 2014 - $873,561 Police Administration - Funded This offer funds the salary, benefits and associated costs for the seven positions housed in Police Administration, including the Chief of Police, Assistant Chief, and the department's administrative staff. Note: The Northern Colorado Drug Task Force pays 25% of a finance position because Fort Collins Police is the fiscal manager for the Task Force. 190.2 2013 - $213,135 2014 - $215,559 Police Logistics - Funded This offer funds the shared department logistical expenses for Police Services. Such expenses include: copy machine rental, postage, tuition reimbursement, dry cleaning services, summons forms, and office supplies, which allow Police to provide high-quality, efficient community service. 192.1 2013 - $843,091 2014 - $861,349 Police Hiring and Ongoing Training - Funded This offer funds personnel and functions of the Training Unit, which includes one sergeant, three officers, a police supply technician, an administrative assistant and a part-time hourly position that is responsible for the maintenance of the indoor firearms range. Associated non-personnel operational costs include: Training Unit, Firearms, Indoor Firearms Range, Defensive Tactics, and Hiring/Promotional. The Training Unit and Internal Affairs (Offer 192.2) comprise the Professional Standards unit that reports to the Professional Standards Lieutenant. This unit coordinates all sworn and non-sworn training, recruitment, selection and hiring, promotional processes, and certification maintenance, and serves as the custodian for all agency training records. The indoor shooting range budget includes the cost of ammunition for the entire agency. 296 ATTACHMENT 6 2.6 Packet Pg. 84 Attachment2.6: 2013-14 City of Fort Collins Budget Excerpt (Boxelder Basin Regional Stormwater 1 Boxelder Basin Regional Stormwater Authority (BBRSA) City Council Work Session January 28, 2014 UPDATE 2.7 Packet Pg. 85 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 2 Boxelder Basin Regional Stormwater Authority • 2008 Intergovernmental Agreement (IGA) • Members à Fort Collins, Larimer County, and Wellington. • Timnath is a financial partner (Separate IGA with the BBRSA) Three remaining projects à $11.75 Million 1. East Side Detention Facility (ESDF) 2. Larimer & Weld Canal Crossing Structure (LWCCS) 3. County Road 52 Improvements (CR 52) • Colorado Water Conservation Board (CWCB) loans • CR 52 IGA – Fort Collins/Larimer/Timnath to share equally in splitting additional costs ($1.04 Million) • Very high Benefit/Cost Ratio à 3.95 BBRSA Executive Summary Three remaining projects à $11.75 Million 1. East Side Detention Facility (ESDF) 2. Larimer & Weld Canal Crossing Structure (LWCCS) 3. County Road 52 Improvements (CR 52) 2.7 Packet Pg. 86 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 3 Boxelder Creek Existing 100-Year Floodplain 2.7 Packet Pg. 87 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 4 à Since 2005 (8 years) à Potential Loss of life à Roads overtop à Floodplain impacts 4,900 Acres à Split flows & diversions à “Boxelder Creek Regional Stormwater Master Plan” Boxelder Alliance “The Boxelder watershed remains on the Top 10 list of high risk watersheds in the State of Colorado …” Kevin Houck, CWCB Chief of Watershed and Flood Protection 2.7 Packet Pg. 88 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 5 Boxelder Creek Regional Stormwater Master Plan (October 2006) Boxelder Creek Regional Stormwater Master Plan Table ES-1 Estimated Existing Damages Summary (100-Year Flood) Reach/Entity Est. Present Worth Damages Structures Impacted No. of Roads Overtopped By Jurisdiction Larimer County/City of Fort Collins $76.9 Million 400 24 Town of Wellington $29.5 Million 220 4 Town of Timnath $3.4 Million 50 5 Total $109.8 Million 670 33 2.7 Packet Pg. 89 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 6 Boxelder Creek Regional Stormwater Master Plan (October 2006) REGIONAL STORMWATER PROJECTS -- PHASE 1 • Diversion of Coal Creek to Clark Reservoir • Edson (East Side) Detention Reservoir • Middle Boxelder Creek Stream Improvements • Larimer and Weld Crossing Structure 2.7 Packet Pg. 90 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 7 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) v August 20, 2008 (Fort Collins, Larimer County and Wellington) v Purpose à fund and implement the regional stormwater improvements. v SW improvements benefit the citizens of Fort Collins 2.7 Packet Pg. 91 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 8 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) 2.7 Packet Pg. 92 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 9 BENEFITS • 103 Acres of land (shown in red) removed from the 100-Year Floodplain • 101 structures were removed from the 100-Year Floodplain (includes 2 schools) by Letters of Map Revision (LOMRs) • Another 31 structures were removed from the 100-Year Floodplain by approved Letters of Map Amendments (LOMAs) COAL CREEK FLOOD MITIGATION PROJECT 2.7 Packet Pg. 93 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 10 Jan 17, 2013 BBRSA Government Partners Joint Meeting Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) 2.7 Packet Pg. 94 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 11 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) Master Plan Revisions Updated Master Plan and Key Considerations include: Ø East Side Detention Facility (ESDF) Ø Introduction Ø Feasibility Studies and Siting of the ESDF Ø Timnath Financial Participation, Related Projects, CWCB Loan, IGA's Ø County Roads between CR48 and CR60 Ø New IGA Between Fort Collins, Larimer County and Timnath (TDA) 2.7 Packet Pg. 95 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 12 BBRSA – Benefits/Costs 2.7 Packet Pg. 96 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 13 Sources * City of Fort Collins Selected Plan for Boxelder creek/Cooper Slough, ACE, April 2004 ** Boxelder Creek Regional Stormwater Master Plan, PBS&J, October 2006 *** Boxelder Creek Regional Stormwater Master Plan, PBS&J, October 2006 for County Roads 54, 52, 50, 48 and SH 14 (All are with the GMA) **** Construction cost estimate by Garney, December 2013 City of Fort Collins Benefits Location City of Fort Collins Master Plan Project Costs – without ESDF City of Fort Collins Master Plan Project Costs – with ESDF Savings with ESDF in place Cooper Slough at Mulberry $15,300,000* $4,000,000** $11,300,000 Boxelder Creek at Prospect Road $6,100,000** $4,000,000**** $2,100,000 Road Crossing Improvements on Boxelder creek $6,000,000*** $0 $6,000,000 Total $27,400,000 $8,000,000 $19,400,000 2.7 Packet Pg. 97 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 14 Fort Collins Benefits -- Cooper Slough BENEFITS • $11.3 Million Savings • Removes approx. 130 Acres from floodplain • Reduces floodplain damages • 90 structures N. of Mulberry • Properties S. of Mulberry 2.7 Packet Pg. 98 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 15 Fort Collins Benefits – Boxelder Creek BENEFITS • $6 Million Savings (CR 54, 52, 50, 48 and S.H. 14) • $2.1 Million savings -- Boxelder Creek/Prospect Rd • Removes from Floodplain • 650 Acres (GMA) • 1630 Acres (Boxelder) • Eliminates Boxelder Overflow Floodplain 2.7 Packet Pg. 99 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 16 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) EAST SIDE DETENTION • "Edson Reservoir" site • Reduction of downstream flows at County Roads • Original site à insufficient detention volume and would require condemnation of homes • East Side Detention Facility (ESDF) 2.7 Packet Pg. 100 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 17 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) EAST SIDE DETENTION • 2010 Siting Study • Over 10 sites – See Map • AIS -- Detailed description • Current location is best site 2.7 Packet Pg. 101 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 18 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) Timnath Participation • Existing Blockage of culverts under I-25 • Goal à Reduce flows such that culverts can be unplugged by increasing size of ESDF • Opening the culverts = eliminates Boxelder overflow floodplain through Timnath • Timnath IGA with BBRSA à $500,000 plus fund 25% (approximately $2.5 Million) of the costs to design and construct the larger ESDF and LWCCS 2.7 Packet Pg. 102 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 19 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) Boxelder / Prospect Road Improvements • Amendment to Fort Collins / Timnath IGA • Fort Collins saves approximately $4.1 Million: • $2.1 Million savings in total estimated project costs (from $6.1 Million to $4 Million). • $2.0 Million savings as a result of 50/50 cost share of project costs • $1.75 Million of City’s share will be freed-up escrow funds 2.7 Packet Pg. 103 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 20 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) County Roads Between CR 48 and CR 60 • June 2013 – Approach • Relative benefits and costs between the two pond sites • Exhibit shows a deficit of approximately $800,000 • County Road 52 IGA 2.7 Packet Pg. 104 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 21 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) CWCB Loan Status • 2 original CWCB loans approved by the CWCB Board on May 14, 2013. • The third CWCB loan approval is scheduled for January 27, 2014. • CWCB Staff confirmation that funds will be available after acquiring necessary real estate 2.7 Packet Pg. 105 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 22 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) Issuance of Debt First Amendment to original Boxelder IGA • Section 2.05 (f) -- All member entities must agree to the issuance of debt by the BBRSA. • Approved issuance of debt based on the CWCB loan applications for ESDF and LWCCS • Executed by Fort Collins and Wellington • Scheduled for approval by Larimer County 2.7 Packet Pg. 106 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 23 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) Real Estate (Land) Acquisition - Status • Negotiations in progress • The BBRSA is in the process of negotiating the acquisition of land from impacted properties. • Letters of intent to acquire distributed. • Eminent Domain only if negotiations fail • BBRSA Board of Directors 2.7 Packet Pg. 107 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 24 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) Eminent Domain The AIS describes in detail that the power of eminent domain for the BBRSA stems from two independent sources: 1. BBRSA is authorized to condemn (C.R.S. § 29-1-204.2) 2. Boxelder IGA Provision (C.R.S. § 29-1-203) 2.7 Packet Pg. 108 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 25 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) SCHEDULE 2.7 Packet Pg. 109 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 26 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) RESPONSES TO SPECIFIC INQUIRIES Attachment D of the AIS Memo provides detailed responses to specific inquiries regarding the BBRSA. Previous slides addressed many of the issues including: • Purpose and benefits • East Side Detention Pond Siting • CWCB Loan Approvals • Legal authority to issue debt • Authority to use eminent domain 2.7 Packet Pg. 110 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 27 Boxelder Basin Regional Stormwater Stormwater Authority (BBRSA) RESPONSES TO SPECIFIC INQUIRIES • Article V -- BBRSA is authorized and required to impose stormwater rates, fees and charges • BBRSA Board of Directors Executive Sessions • Article V -- Members have the option to pay the stormwater fees directly to BBRSA • Fort Collins budgets for these payments • BBRSA Stormwater Fee Schedules 2.7 Packet Pg. 111 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 28 DAY PROPERTY PRE-PROJECT 2.7 Packet Pg. 112 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 29 DAY PROPERTY FLOODPLAIN REMOVED 2.7 Packet Pg. 113 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 30 DAY PROPERTY FARMLAND REMAINING 2.7 Packet Pg. 114 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) 31 Boxelder Basin Regional Stormwater Authority (BBRSA) SUMMARY 2.7 Packet Pg. 115 Attachment2.7: Powerpoint presentation (1582 : Boxelder Basin Regional Stormwater Authority (BBRSA) DATE: STAFF: January 28, 2014 Laurie D'Audney, Water Conservation Specialist Lisa Rosintoski, Utility Customer Connections Manager Donnie Dustin, Water Resources Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Water Shortage Management Action Plan Update. EXECUTIVE SUMMARY The purpose of this work session is to provide Council with an update about the 2013 Water Shortage Management Action Plan (WSMAP). The WSMAP is a comprehensive planning document that was used to guide the key activities as water restrictions were implemented as outlined in the Water Supply Shortage Response Plan. The WSMAP combines water supply monitoring (which determines the water restriction level), violation management, communications and public engagement to provide a roadmap for successful implementation of the water restrictions. The work session discussion will include the outcomes of Fort Collins Utilities’ implementation of the 2013 WSMAP and next steps for updating the Water Supply Shortage Response Plan, and associated changes to the Municipal Code. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council have any comments regarding the actions and results of the 2013 Water Shortage Management Action Plan? 2. Is there any feedback on the recommended updates to the Water Supply Shortage Response Plan or changes to the Municipal Code that will be brought for Council consideration? BACKGROUND / DISCUSSION The City’s Water Supply Shortage Response Plan (Plan), Ordinance No. 048, 2003, as amended by Ordinance No. 047, 2013, outlines a series of measures to be enacted, including water restrictions, for four levels of water shortage. In November 2012, staff began meeting to discuss the water supply situation and the need for restrictions. The Cache la Poudre River had water quality concerns due to the High Park Fire and low snowpack. The Colorado-Big Thompson Project continued to be affected by persistent drought and low snowpack. Uncertain how much water supply would be available for use in 2013, on March 6 City Manager Darin Atteberry declared Response Level 1 restrictions to be effective on April 1. Even when citizens are aware of water restrictions, have an understanding of why the restrictions are in effect, and share the attitude that restricting water use is the right thing to do, they may not know what to do. Fort Collins Utilities offered free help in re-programming sprinkler controllers to the right day and right hours to comply with the restrictions. A bill insert and other materials were available to customers about how to maintain a landscape (trees, shrubs, grass) during restrictions. Utilities’ free sprinkler audit program continued to help customers learn about their sprinkler system and how to operate it efficiently. Xeriscape educational programs and tours were offered for those who wanted to consider removing some grass and putting in lower water using plantings. In anticipation of possibly declaring Response Level 2 or higher, Council approved Ordinance No. 047, 2013, adjusting the water rates as recommended in the Plan and making a few revisions to the Plan itself. By May, the weather made a drastic turnaround with abundant snow and precipitation. With an increase in the water supply that no longer indicated a shortage, restrictions were lifted effective June 1. 3 Packet Pg. 116 January 28, 2014 Page 2 Violation Management Violation management included issuing permits and responding to complaints of wasting water and violations of the restrictions. There were 179 permits issued and 53 complaints investigated. No citations were issued. All these were tracked in the City’s Wasting Water Database. To help customers comply with the restrictions, staff offered to visit homes and help reprogram their sprinkler controller with the correct day and time, but the service was not used. Communication and Public Engagement Heading into restrictions, the decision was made to take an educational approach to encourage the participation by customers. The goal was not to issue citations. Both communications and public engagement plans were prepared, with key messages and targeted outreach to businesses and organizations with a particular interest in water issues. The communications plan included using the slogan, Reduce Our Use, as a call to action. Bill inserts, bus benches, bus shelters, newspaper and magazine articles and ads, social media and the Utilities website reflected the need for water restrictions and ways to conserve. A speaker’s bureau was established to educate the public about the City’s need for restrictions, how to comply with them and other actions citizens could take to use less water. About 75% of City staff was reached through presentations so staff would understand the need for restrictions and share a consistent message in their contacts with the public. Externally, 54 presentations were given to various businesses, community groups and at events. In total, 1,400 people were reached within two months. Business sectors largely impacted by the water restrictions, such as landscapers, power washers, breweries, and HOAs, received targeted outreach. Key account managers kept in constant communication with businesses to ensure they knew the current status of the water supply and restrictions; especially around the rate increases for Response Level 2 and higher. In April, the City joined the National Mayor’s Challenge for Water Conservation. Citizens pledged online to take conservation actions and Fort Collins was a second place winner. In addition, a Water Catchers award program was created to recognize businesses and community members who implemented innovative water conservation techniques. Two businesses and a resident received awards for their actions to reduce their water use indoors and outdoors. Lifting Restrictions Due to a dramatic increase in mountain snowpack in the spring, the City was fortunate to have significant additional Horsetooth Reservoir water supply. This additional supply allowed the City to meet remaining 2013 demands and achieve its carryover goal of 7,500 acre-feet. City Manager Darin Atteberry declared the termination of the water restrictions as of June 1. Water Use For the restriction period of April 1 to May 31, water use was 22% below average and 18% below expected considering the actual weather conditions. Policies to Update As the water restrictions were implemented, it became clear that the Water Supply Shortage Response Plan needed to be updated. A list was kept of the identified issues. In August, the Water Restrictions Team reconvened to begin working on the revisions. Currently, the team is collaborating with the City Attorney’s Office to finalize revisions. Recommendations under consideration include: Add a section asking citizens to implement Response Level 1 measures voluntarily when the need for water restrictions is being considered, but has not been established 3 Packet Pg. 117 January 28, 2014 Page 3  Add rate increases associated with the water restrictions to the Municipal Code in the section with the other water rates  Define food production and vegetable gardens as different from flowers, shrubs and trees  Define splash parks as interactive structures that are intended for public use and play  Define swimming pools and associated restrictions  Define when, where and how commercial power washing is acceptable  Decriminalize violations, from a misdemeanor to a civil infraction  Other small revisions, such as how the City Manager lifts the restrictions, how many days the restrictions notice must be published, including permits for golf courses as part of parks and playing fields, watering of ball fields for dust control and safety, and minor tweaks to the restrictions per Response Level. In addition, sections of the Municipal Code were identified as needing to be revised or no longer needed. The recommendations under consideration include:  Sec. 26-166: Prohibition of waste Clearer definition of “waste of water” Extend beyond irrigation waste to indoor leaks Allow seven days for repairs from notification of problem  Sec. 26-167: Sprinkling restrictions Delete, the first paragraph will be covered in the revised Sec. 26-166 and the second paragraph in the revised Sec. 26-168  Sec. 26-168: Water rationing, emergency restrictions Reference the Water Supply Shortage Response Plan  Sec. 26-169: Conversion to raw water irrigation Delete, intent when adopted in 1990 was to decrease peak day use at the water treatment facility due to capacity limitations, now there is excess capacity  Section 12-122: Promotion of conservation Clarify that when Water Supply Shortage Response Plan is activated, it takes precedence over HOA covenants. Next Steps 1. Draft an ordinance updating the Water Supply Shortage Response Plan - February 2014 2. Draft an ordinance with recommended changes to the Municipal Code - February 2014 3. Present the ordinances to Water Board for its review and support - March 20, 2014 4. Present the ordinances to City Council for consideration - April 15, 2014. ATTACHMENTS 1. Water Supply Shortage Response Plan (PDF) 2. Municipal Code Sections to Update (PDF) 3. PowerPoint presentation (PDF) ATTACHMENT 1 Water Supply Shortage Response Plan Ordinance No. 048, 2003, as modified per Ordinance No. 047, 2013 ORDINANCE NO. 048, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPERCEDING EMERGENCY ORDINANCE NO. 112, 2002, TO PRESCRIBE TEMPORARY RESTRICTIONS ON AND REQUIREMENTS FOR THE USE OF CITY TREATED WATER PURSUANT TO A WATER SUPPLY SHORTAGE RESPONSE PLAN TO BE EFFECTIVE APRIL 11, 2003 WHEREAS, on July 16, 2002, the City Council adopted Emergency Ordinance No. 112, 2002, which prescribed certain restrictions on the use of City-treated water for lawn watering, in view of the current conditions and projections for future municipal water supplies in Fort Collins; and WHEREAS, on September 3, 2002, the Council adopted on second reading Ordinance No. 118, 2002, amending Emergency Ordinance No. 112 to increase the time allowable for watering of new sod and seeded areas, and to make other clarifying changes; and WHEREAS, on September 17, 2002, the continued drought conditions in the region had resulted in increased concerns regarding future municipal water supplies for Fort Collins and, as a result, the Council adopted on second reading Ordinance No. 135, 2002, which limited lawn watering with City-treated water to one day per week, as of September 27, 2002; and WHEREAS, Ordinance No. 112, 2002, as amended by Ordinance No. 118 and Ordinance No. 135, continues in effect as of the time of this Ordinance; and WHEREAS, in light of the continued threat of drought conditions in Fort Collins, and the evolving condition of the City’s municipal water supply and the information related thereto, the City Council desires to establish a system by which water use restrictions shall be determined administratively; and WHEREAS, the City Manager has recommended that the City Council adopt a four-tier Water Supply Shortage Response Plan, attached hereto as Exhibit “A” and incorporated herein by this reference (the “Response Plan”), which upon adoption by the Council will provide a system of water supply shortage response levels and corresponding water restrictions and conservation measures to be implemented administratively based on the projected water supply shortage; and WHEREAS, the City Council has determined that the adoption of the Response Plan will enable the City Manager to respond appropriately to changing water supply conditions based on the Council’s directions set forth therein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 3.1 Packet Pg. 119 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan Update) 2 Section 1. As of April 11, 2003, Ordinance No. 112, 2002, as amended, shall be superceded by the terms of this Ordinance. Section 2. The City Manager is hereby authorized to determine, based upon the most current available estimated water supplies available to the City, water consumption data, and climatological forecasts, the projected water supply shortage for Fort Collins. The City Manager is further authorized and directed to declare, based on that determination, the appropriate Water Supply Shortage Response Level, as set forth in the Response Plan attached hereto as Exhibit “A”. Upon such determination and declaration, the City Manager shall cause to be published in the local newspaper of record a notice of the restrictions and requirements corresponding to that Water Supply Shortage Response Level, as set forth herein, and the effective date of said restrictions and requirements, which shall be no more than fourteen (14) days and no fewer than ten (10) days after the date of such declaration. The City Manager shall inform the City Council promptly of any such determination and declaration. Section 3. The following terms shall be defined as set forth herein for the purposes of this Ordinance: A. “Lawn watering” shall mean the use of treated or potable water obtained from the City to irrigate or water any lawn, grass or turf areas, but shall not include: i. irrigation or watering of flowers, flower beds, trees, shrubs, or vegetable gardens; or ii. irrigation or watering of lawn, grass or turf areas with privately owned well water or raw water, provided that the user of any such well or raw water for irrigation or watering within the service area of the city water utility has posted a public notice of the same in the watering location in a manner visible from the street. B. “Dealership vehicle” shall mean any unregistered vehicle on display or awaiting sale by a vehicle dealer or other person holding or selling vehicles in the normal course of business. C. “Designated landing area” shall mean that area of any golf course hole that is determined by the Utilities General Manager, in consultation with such other officials and experts as he or she deems appropriate, to constitute the portion of said golf course hole in which golf balls hit by the average golfer on said hole will land. D. “Health and safety reasons” shall mean as reasonably necessary to remedy an accidental or unavoidable unsanitary or dangerous condition that poses an immediate health risk or danger to the public or to the occupants of a 3.1 Packet Pg. 120 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan Update) 3 particular property. The spraying of impervious surfaces for health and safety reasons shall only be permitted in the event that the unsanitary or dangerous condition may only reasonably be remedied by the use of sprayed water. E. “Landscape watering” shall mean the use of treated or potable water obtained from the City to irrigate or water any flowers, flower beds, trees, shrubs, vegetable gardens, or other landscaped plantings or plants, but shall exclude lawn watering, as defined herein. F. “Low-volume efficient irrigation” shall mean an irrigation system that includes only bubblers, drip emitters, soaker hoses and subsurface irrigation such as deep probe irrigation, as well as micro-spray irrigation. G. “Medical hardship” shall mean an exceptional hardship imposed upon an individual residential customer by the restrictions set forth in this Ordinance. H. “Private” shall mean not public. I. “Public” shall mean operated for use by the general public or publicly owned and operated. J. “Religious objection” shall mean an objection to the specific application of the requirements of this Ordinance due to a conflicting religious belief that precludes watering on an assigned day. K. “Residential” shall mean a single-family or duplex residential property or account. L. “Spraying impervious surfaces” shall mean rinsing, washing or spraying with a hose impervious interior or exterior surfaces, including but not limited to surfaces such as garage floors, siding, windows, sidewalks, driveways, or patios. The term spraying impervious surfaces shall not mean powerspraying of painted surfaces to remove paint. M. “Sprinkler system maintenance” shall mean the operation of an automatic watering system to the extent reasonably necessary for repair or maintenance. N. “Water feature” shall mean a water feature that either causes water to be sprayed into the air, or is a waterfall or fountain. The term water feature shall not mean a water feature of a pond or basin that performs a function essential to the support of fish life in that pond or basin, or a water feature in a swimming pool. Section 4. When the City Manager has declared the City to be in a specified Water Supply Shortage Response Level condition, it shall be unlawful, and a violation of the terms and conditions upon which the City shall provide treated water to its customers, for any person to 3.1 Packet Pg. 121 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan Update) 4 undertake or permit activities or use of City-treated water in a violation of the water restrictions and requirements associated with that particular Response Level, as set forth in Exhibit “A”. Section 5. Each person, including any natural person, entity, organization, partnership, association or joint venture, with legal or actual control of any property, business or other establishment, water account, or water system serving any of the same, shall have an affirmative duty to cause said property, business or other establishment, water account, or water system to operate and act in a manner consistent with the restrictions and requirements of this Ordinance. Section 6. In the event that the Utilities General Manager determines that a permit application meets the applicable eligibility requirements, then he or she shall issue a permit for lawn watering containing such terms and conditions as he or she determines, in his or her reasonable discretion, will allow the minimum watering necessary to carry out the intent of the permit. The Utilities General Manager may, in determining said permit terms and conditions, consider the impacts of the permitted lawn watering on the City's water supply or water system operations. Any determination of the Utilities General Manager hereunder shall be issued within five (5) business days of the submission of a complete application, shall be provided in writing to the applicant, and shall include an explanation of the basis for any determination of denial. Section 7. A written determination by the Utilities General Manager under Section 6 may be appealed to City Manager, provided that notice of any such appeal shall be filed in writing within five (5) days of issuance of the same and shall include an explanation of the basis for the appeal. The City Manager may conduct such investigations as he or she determines appropriate or necessary to determine whether the decision appealed was arbitrary or capricious or otherwise inconsistent with the terms of this Ordinance, and shall issue a written explanation of his or her decision on any appeal within ten (10) days of the submission of a sufficient notice of appeal. Section 8. Use of City treated water in violation of this Ordinance or in violation of a permit issued hereunder shall constitute a violation of City Code Section 26-51, which authorizes the discontinuation of water service in the event of use of water for purposes not authorized. Section 9. Violation of the terms of this Ordinance in the city or violation of the terms of a permit issued hereunder shall be deemed to constitute a violation of the City Code pursuant to City Code Section 1-15(a), and shall be punishable as set forth therein, except that notwithstanding the provisions of Section 1-15(a), fines for violations of this Ordinance shall be as follows: A. Residential Violations i. Violation of any provision of this Ordinance or permit issued hereunder on or for a residential property or use shall be punishable by a minimum fine of fifty dollars ($50) per violation up to a maximum fine of one thousand dollars ($1,000) per violation, if the violation occurs during a Response Level 1 or Response Level 2 condition. 3.1 Packet Pg. 122 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan Update) 5 ii. Violation of any provision of this Ordinance or permit issued hereunder on or for a residential property or use shall be punishable by a minimum fine of one hundred dollars ($100) per violation up to a maximum fine of one thousand dollars ($1,000) per violation, if the violation occurs during a Response Level 3 or Response Level 4 condition. B. Non-Residential Violations i. Violation of any provision of this Ordinance or permit issued hereunder on or for any property or use other than a residential property or use shall be punishable by a minimum fine of two hundred and fifty dollars ($250) per violation up to a maximum fine of one thousand dollars ($1,000) per violation, if the violation occurs during a Response Level 1 or Response Level 2 condition. ii. Violation of any provision of this Ordinance or permit issued hereunder on or for any property or use other than a residential property or use shall be punishable by a minimum fine of five hundred dollars ($500) per violation up to a maximum fine of one thousand dollars ($1,000) per violation, if the violation occurs during a Response Level 3 or Response Level 4 condition. C. Each day during which a violation of any provision of this Ordinance or permit issued hereunder occurs or continues shall constitute a separate misdemeanor offense under this Ordinance. Section 10. The City Manager is hereby directed to present to the Council for consideration a revised water rate structure to reflect revised consumption and revenue projections as soon as reasonably practicable after a change in the Water Supply Shortage Response Level. Section 11. The City Manager shall conduct the business of the City in a manner consistent with applicable provisions of the Water Supply Shortage Response Plan. Section 12. This Ordinance shall remain in effect until such time as the City Council determines that municipal water supply conditions no longer justify the continued implementation of the Water Supply Shortage Response Plan. Introduced, considered favorably on first reading, and ordered published this 25th day of March, A.D. 2003, and to be presented for final passage on the 1st day of April, A.D. 2003. 3.1 Packet Pg. 123 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan Update) 6 ATTEST: Passed and adopted on final reading this 1 day of April, A.D. 2003. ATTEST: 3.1 Packet Pg. 124 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan Update) 7 Water Supply Shortage Response Plan Response Level 1 Response Level 2 Response Level 3 Response Level 4 Water Supply Projected water supply shortage as determined by the City Manager 1-10% 11-20% 21-30% Greater than 30% Regulated Water Use Activities 1. Lawn & turf watering a. Non-watering hours No lawn watering between 10 a.m. to 6 p.m. No lawn watering between 10 a.m. to 6 p.m. No lawn watering between 10 a.m. to 6 p.m. No lawn watering between 10 a.m. to 6 p.m. b. Number of watering days per week (Note: even and odd refers to the street address) Residential (even) - Th & Sun Residential (odd) - Wed & Sat Multi-family & Commercial - Tue & Fri No watering on Monday. Residential (even) - Sun Residential (odd) - Sat Multi-family & Commercial - Fri No watering Monday thru Thursday. Residential (even) - Sun Residential (odd) - Sat Multi-family & Commercial - Fri No watering Monday thru Thursday. No watering from 6/1 thru 8/31. Use Level 3 restrictions from 9/1 thru 5/31. c. Time limit per day Unrestricted during watering hours Unrestricted during watering hours 2 hours during designated watering day No watering from 6/1 thru 8/31. Use Level 3 restrictions from 9/1 thru 5/31. 8 Response Level 1 Response Level 2 Response Level 3 Response Level 4 b. Medical hardship Permit required for a special watering schedule to accommodate medical hardship. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule to accommodate medical hardship. No watering on Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule to accommodate medical hardship. No watering on Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Must comply with 2 hr/week restriction. No exceptions c. Religious objection Permit required to accommodate a different two-day schedule. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required to accommodate a different watering day. No watering Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Permit required to accommodate a different watering day. No watering Monday thru Thursday and between the hours of 10 a.m. and 6 p.m. Must comply with 2 hr/week restriction. No exceptions d. 4 acres or more Permit required for a special watering schedule to accommodate areas of 4 acres or more. Max of 1.00" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule to accommodate areas of 4 acres or more. Max of 0.75" per week. No watering on Monday and 9 Response Level 1 Response Level 2 Response Level 3 Response Level 4 5. Washing City fleet vehicles Once per week or as approved by the City Manager for health or safety reasons. Once per month or as approved by the City Manager for health or safety reasons. Not allowed unless approved by the City Manager for health or safety reasons. Not allowed unless approved by the City Manager for health or safety reasons. 6. Dealership vehicle washing Once per week Once per week Upon sale Upon sale 7. Spraying impervious surfaces (siding, garages, sidewalks, driveways, patios) except as necessary for health and safety reasons Not allowed Not allowed Not allowed Not allowed 8. Hydrant flushing & testing Unrestricted Limited to critical situations as approved by the Utilities General Manager. Limited to critical situations as approved by the Utilities General Manager. Limited to critical situations as approved by the Utilities General Manager. 9. Water features Unrestricted Unrestricted No use allowed No use allowed Enforcement Residential fines per violation $50 to $1,000 $50 to $1,000 $100 to $1,000 $100 to $1,000 Business fines per violation $250 to $1,000 $250 to $1,000 $500 to $1,000 $500 to $1,000 Water Rate Adjustments Adjust water rates to encourage additional conservation No adjustment Recommend adjustment that reflects a 15% reduction in water demand. Recommend adjustment that reflects a 25% reduction in water demand. Recommend adjustment that reflects a 35% reduction in water ATTACHMENT 2 Municipal Code Sections to Update Division 6 Water Conservation Sec. 26-166. Prohibition of waste; irrigation. (a) It is unlawful to waste City water in any manner. No person shall permit City water to flow, run or be discharged in the streets or sidewalks in a wasteful manner or flood any part of the premises of another. (b) City water shall not be used for irrigation or sprinkling, except for watering lawns, ornamental trees, shrubs, vines, flowers and domestic gardens. Lawn sprinkling systems shall be properly designed, installed, maintained and operated to prevent wasting of water. (Code 1972, § 112-22; Ord. No. 165, 1986, § 1(112-61(A)), 11-4-86) Sec. 26-167. Sprinkling restrictions. (a) Except in the case of a programmed automatic sprinkler system, City water shall not be used for sprinkling or watering any yard, grounds, premises or vegetation between the hours of 12:00 midnight and 4:00 a.m. Sprinklers or hose nozzles shall not be placed and set so as to interfere with traffic on sidewalks. (b) Upon recommendation of the Water Board, the use of City water for sprinkling purposes may be further restricted or prohibited by order of the City Council. The sprinkling restrictions or prohibitions prescribed shall be effective upon publication of notice of the City Council's order once in a daily newspaper published in the City. (Code 1972, §§ 112-22, 112-23; Ord. No. 165, 1986, § 1(112-61(B)), 11-4-86; Ord. No. 117, 1996, § 7, 9-17-96; Ord. No. 28, 1998, § 6, 3-17-98) Sec. 26-168. Water rationing; emergency restrictions. (a) Drought or water shortage. In the event of drought or water shortage, the City Council may place restrictions on all uses of City water and even prohibit, if necessary, all nondomestic uses of the City water if the Water Board so recommends. The City Council's order prescribing use restrictions shall be effective upon publication once in a daily newspaper published in the City and shall continue in full force and effect until the City Council finds the water shortage has ended. (b) Emergencies. In the event of a major fire or any other emergency that requires the immediate curtailment of the use of City water, the City Manager is authorized to order any restrictions on use of City water as necessary for the protection of the public. (Code 1972, § 112-25; Ord. No. 165, 1986, § 1(112-62), 11-4-86; Ord. No. 117, 1996, § 8, 9- 17-96; Ord. No. 28, 1998, § 7, 3-17-98) Sec. 26-169. Conversion to raw water irrigation. Any existing customer of the water utility who is provided service used exclusively for botanical irrigation shall be eligible to apply for a rebate from the water utility upon conversion of said water service to a raw water irrigation system. The amount of any such rebate shall be equal to the value of the water treatment plant capacity which is made available because of the conversion of such irrigation water service to a raw water irrigation system. The value of the water treatment plant capacity shall be based upon the most current 3.2 Packet Pg. 128 Attachment3.2: Municipal Code Sections to Update (1645 : Water Shortage Management Action Plan Update) ATTACHMENT 2 net book value of the City's water treatment plant facilities (as said net book value is maintained by the Finance Department) at the time of application for the rebate, in proportion to the peak day capacity of the City's treatment facilities existing at the time of the application for the rebate. Botanical irrigation shall be deemed to consume one-quarter (0.25) inch of water per day over the entire area irrigated. The rebate shall be calculated in accordance with the following formula: .25 (inches) x Irrigated Area (sq. ft.) x 7.48 (gal./cu. ft.) x Net Book Value ($) = Rebate ($) 12 (inches/ft.) Peak Day Capacity (gal.) The rebate shall not exceed the current cost of plant investment fees based upon the size of irrigation service or services to be inactivated by the applicant. The City may pay fifty (50) percent of the rebate when such irrigation service is inactivated and physically separated from the new raw water irrigation system, but the City shall not pay the remaining portion of the rebate until the raw water irrigation system is fully installed and capable of operation. No rebate, or any portion thereof, shall be made until the irrigation system has been disconnected from the water utility. Upon disconnection, such irrigation system shall not be reconnected to the water utility until such time that the utility has received payment of all plant investment fees and tap fees required under this Code for new customers. (Ord. No. 29, 1990, 4-3-90) Sec. 12-122. Promotion of conservation. No person shall create, cause to be created, enforce or seek to enforce any provision contained in any restrictive covenant which has the effect of prohibiting or limiting the installation or use of Xeriscape landscaping, solar/ photo-voltaic collectors (if mounted flush upon any established roof line), clothes lines (if located in back yards), or odor-controlled compost bins, or which has the effect of requiring that a portion of any individual lot be planted in turf grass. 3.2 Packet Pg. 129 Attachment3.2: Municipal Code Sections to Update (1645 : Water Shortage Management Action Plan Update) Water Shortage Management Action Plan City Council January 28, 2014 3.3 Packet Pg. 130 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 2 Key Topics • Water Shortage Management Action Plan • 2013 Water Restrictions • Recommended Updates • Next Actions 3.3 Packet Pg. 131 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 3 Water Shortage Management Action Plan • Water Supply Conditions • Water Supply Shortage Response Plan • Water Restrictions Violations Management • Communications • Public Engagement • Water Policies 3.3 Packet Pg. 132 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 4 2013 Water Restrictions • Violation Management – 53 complaints received – 179 permits issued • Communication – Bill inserts, social media • Public Engagement – 1,400 people in 2 months • Water Savings – 18% below expected use Response Level 1: April 1 – May 31 3.3 Packet Pg. 133 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 5 Policies to Update • Water Supply Shortage Response Plan – Ordinance 048, 2003, as amended by Ordinance 047, 2013 • Municipal Code – Sec. 26, Division 6: Water Conservation – Sec. 12-122: Promotion of Conservation 3.3 Packet Pg. 134 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 6 Recommended Updates Water Supply Shortage Response Plan • Add voluntary actions • Establish rate increases in the Municipal Code • Separate food production from watering of flowers, trees and shrubs • Define splash parks and swimming pools • Clarify commercial power washing • Decriminalize violations • Other small revisions 3.3 Packet Pg. 135 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 7 Recommended Updates Municipal Code – Sec. 26 • Sec. 26-166: Prohibition of waste; irrigation – Clearer definition of “waste of water” • Sec. 26-167: Sprinkling restrictions – Delete, address in Sec. 26-166 & 168 • Sec. 26-168: Water rationing, emergency restrictions – Reference Water Supply Shortage Response Plan • Sec. 26-169: Conversion to raw water irrigation – Delete, intent to reduce treatment peak day use 3.3 Packet Pg. 136 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 8 Recommended Updates Municipal Code – Sec. 12 • Sec. 12-122: Promotion of conservation – Response Plan takes precedence over HOA covenants when restrictions are declared 3.3 Packet Pg. 137 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 9 Next Actions • Feb. 2014: City Attorney’s Office drafts two ordinances – Water Supply Shortage Response Plan update – Municipal Code changes • March 20, 2014: Water Board meeting • April 15, 2014: City Council first reading 3.3 Packet Pg. 138 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) 10 Requested Feedback • Does Council have any comments regarding the activities and results of the 2013 Water Shortage Management Action Plan? • Is there any feedback on the recommended updates to the Water Supply Shortage Response Plan or changes to the Municipal Code that will be brought before Council as ordinances? 3.3 Packet Pg. 139 Attachment3.3: PowerPoint presentation (1645 : Water Shortage Management Action Plan Update) demand. Adjust Excess Water Use Surcharge Adjustment Adjustment Adjustment Adjustment 3.1 Packet Pg. 127 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan between the hours of 10 a.m. and 6 p.m. No exceptions No exceptions e. City parks & public athletic/playing fields using treated water Permit required for a special watering schedule. Max of 1.25" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule. Max of 1.00" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. Permit required for a special watering schedule for only select fields. Max of 0.75" per week. No watering on Monday and between the hours of 10 a.m. and 6 p.m. No exceptions f. Golf courses using treated water Permit required for special watering schedule- No watering rough. No watering between the hours of 10 a.m. and 6 p.m. Permit required for special watering schedule- No watering rough. No watering between the hours of 10 a.m. and 6 p.m. Permit required for special watering schedule. Max of 0.75" per week for tees, greens & designated landing areas. No watering between the hours of 10 a.m. and 6 p.m. Permit required for special watering schedule. Max of 0.75" per week for tees and greens. No watering between the hours of 10 a.m. and 6 p.m. g. Well or raw water Registration recommended - unrestricted use Registration recommended - unrestricted use Registration recommended - unrestricted use Registration recommended - unrestricted use 3. Landscape watering (trees, shrubs, gardens) Unrestricted Water by hose with shutoff nozzle or low-volume efficient irrigation. Water by hose with shutoff nozzle or low-volume efficient irrigation. Water by hose with shutoff nozzle or low-volume efficient irrigation. 4. Non-automated car washing Shutoff nozzle and bucket required. Shutoff nozzle and bucket required. Not allowed from 6/1 thru 8/31. Shutoff nozzle and bucket required 9/1 thru 5/31. Not allowed 3.1 Packet Pg. 126 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan d. Sprinkler system maintenance Allowed any time. Minimize water used. Allowed any time. Minimize water used. Allowed any time. Minimize water used. Allowed only from 9/1 thru 5/31. Minimize water used. 2. Lawn & turf watering exceptions by permit (Note: All permits must be displayed so they are visible from the street or sidewalk.) a. Sod and seed for new lawns Permit required to water other than normal watering days for a period not to exceed 3 weeks for sod and 4 weeks for seed. Permit required to water other than normal watering day for a period not to exceed 3 weeks for sod and 4 weeks for seed. No exceptions from 5/15 thru 8/15. Permit required to water other than normal watering day for a period not to exceed 3 weeks for sod and 4 weeks for seed that is installed from 8/16 thru 5/14. No exceptions 3.1 Packet Pg. 125 Attachment3.1: Water Supply Shortage Response Plan (1645 : Water Shortage Management Action Plan Packet Pg. 6