HomeMy WebLinkAboutResolution 2024-37 CITY OF SPRINGFIELD, OREGON RESOLUTION NO. 2024-37 A RESOLUTION TO SELECT ADOPTION OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) MODEL FLOODPLAIN MANAGEMENT ORDINANCE AS THE CITY OF SPRINGFIELD'S PRE-IMPLEMENTATION COMPLIANCE MEASURE PATHWAY WHEREAS, in 2009, lawsuits brought by environmental advocacy organizations alleged that FEMA violated the Endangered Species Act by not consulting with National Marine Fisheries Services (NMFS) about how the National Flood Insurance Program (NFIP) could jeopardize threatened species; WHEREAS, to resolve the lawsuits, FEMA consulted with NMFS to review the impact of NFIP; WHEREAS, as a result of the consultation, NMFS issued a Biological Opinion concluding that the NFIP in Oregon jeopardizes the survival of several threatened species, including salmon, sturgeon, eulachon, and orcas; WHEREAS, in October 2021, FEMA issued a draft implementation plan on how to reduce the negative impacts of the NFIP on threatened species; WHEREAS, in 2023, FEMA started reviewing the draft implementation plan using a National Environmental Policy Act (NEPA) process which continues today; WHEREAS, in September 2023, environmental advocacy organizations filed a lawsuit alleging that FEMA has been too slow to implement the NMFS Biological Opinion; WHEREAS, in July 2024, FEMA sent letters to cities and counties in Oregon, including the City of Springfield (the City), instructing them to make short-term changes to how they regulate development in flood hazard areas; WHEREAS, the short-term changes that FEMA requires the City to make are also referred to as pre- implementation compliance measures or PICM; WHEREAS, the required changes are referred to as"short-term" and "pre-implementation" because the changes are necessary in the interim period and until FEMA fully implements long-term changes to the NFIP to comply with the Endangered Species Act; and WHEREAS, on November 12, 2024, the City Council held a work session on the three PICM pathways and City Council directed staff to return with a resolution to document the Council's choice to adopt FEMA's model floodplain management ordinance, attached as Exhibit A, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The City of Springfield hereby selects implementation of FEMA's model floodplain management ordinance as the City's pre-implementation compliance measure pathway. Section 2: The City Manager or designee will: A. Provide a copy of this Resolution to FEMA; B. Stay in regular contact with FEMA on the City's progress toward adoption and implementation of the model ordinance on or before July 31, 2025; C. Provide regular reporting to FEMA on development in the City's special flood hazard area, as specified by FEMA; D. Continue to stay abreast of any updates or changes in direction from FEMA; E. Coordinate with the City's partnership jurisdictions; and F. Report back to the Council for direction, as needed. Section 3: This Resolution will take effect upon adoption by the Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 2nd day of December , 2024, by a vote of_6 _ for and _0_ against. ATTEST: 40LED City Recorder Resolution No.2024-37