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APPROVE A MOTION ACCEPTING THE 2024 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA
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RECOMMENDATION
It is recommended that City Council:
1. Approve a motion accepting the 2024 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area; and
2. Authorize the City Manager or designee to take necessary and appropriate actions to carry out the purpose and the intent of this motion.
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Summary
Reclamation District 2042 is located on the north end of the City of Stockton just west of Interstate 5 and north and south of Eight Mile Road (Attachment A - RD 2042 Map). Reclamation District (RD) 2042 is a local flood management agency that operates and maintains the flood levee system that protects properties within Bishop Tract to the Flood Emergency Management Agency (FEMA) required 100-year level of protection requirements. The RD 2042 area includes approximately 800 acres of undeveloped land that is within the City limits and approved for residential development. Residential development is presently underway in the Westlake Villages Master Development Plan area south of Eight Mile Road and west of Regatta Drive.
In accordance with State regulation commonly known as Senate Bill 5 (Central Valley Flood Protection Act of 2008, Chap. 364, Stats. 2007), Stockton Municipal Code (SMC) Section 16.90 requires that the City shall not approve new development unless findings can be made that the new development will be protected to the 200-year flood event level. On October 17, 2017, City Council approved a 200-year urban level of flood protection “adequate progress” finding for the RD 2042 boundary area. This finding was based on substantial evidence, including an engineer’s report, a scope of work, cost, and schedule, demonstrating that 200-year levee improvements would be completed by the year 2025. Council’s approval allowed for subsequent discretionary planning applications and building permits for the construction of residential units to continue to occur within the RD 2042 boundary.
To maintain an “adequate progress” status, a progress report on the efforts to complete the flood protection system improvements must be submitted to the Central Valley Flood Protection Board (CVFPB) annually. RD 2042 prepared a 2024 progress report that indicates levee improvements are progressing and on schedule for completion in 2025. Staff recommends that Council approve a motion accepting the 2024 Annual Progress Report for the RD 2042 boundary area to allow for submitting a progress report to the CVFPB.
DISCUSSION
Background
RD 2042’s levees are currently accredited to 100-year Flood Emergency Management Agency (FEMA) standards, which correlates with the National Flood Insurance Program. Approximately one-third of the District area is currently within the Stockton City limits and consists of existing commercial and residential developed properties, along with undeveloped properties that are approved and entitled for planned development. Notable entitled developments include the Westlake Villages Master Development Plan, consisting of 2,630 single-family units on 680 acres (871 units have issued building permits), and Crystal Bay, consisting of 951 single-family units on 156 acres (0 units have issued building permits).
On May 24, 2016, the City Council approved an amendment to the Stockton Municipal Code to comply with a State mandate for new development to have 200-year flood protection (Central Valley Flood Protection Act of 2008, Chap. 364, Stats. 2007). This regulation is commonly referred to as Senate Bill (SB) 5 (see Attachment B for an overview of SB 5 and the City’s process for complying with the regulation).
Based on the 200-year floodplain map prepared by the State, RD 2042 is located within the deeper floodplain area, with portions exceeding 10 feet of flood depth (Attachment C - 200-Year Floodplain Map). RD 2042 requires a plan to complete flood protection system improvements consistent with SB 5. Absent adequate progress toward 200-year flood protection, discretionary planning applications and building permits for new residential units cannot be approved.
In 2017, RD 2042 assembled a qualified team of engineers and conducted an evaluation of levees to identify any deficiencies and countermeasures needed to achieve 200-year protection. The District funded an independent panel of experts (IPE), consisting of engineers from various firms with different expertise in hydrology, hydraulics, and levee facility design and construction, to conduct a review and provide comments on the RD’s engineering report in accordance with SB 5.
The final engineering report concluded the RD 2042 levee system requires improvements to address deteriorated pipe penetrations in the levees to meet the 200-year flood protection requirements. The improvements consist of removal and replacement of pipes and installation of gate valves. The total cost of the improvements is approximately $2.9 million (2017 dollars). The City’s IPE concurred with the final engineering report.
On October 17, 2017, City Council approved a 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area (Resolution 2017-10-17-1105). This finding was based on RD 2042’s Adequate Progress Engineer’s report. Council’s approval allowed for subsequent discretionary planning applications and building permits to be submitted for construction of residential units to occur within the RD 2042 boundary while progress is occurring on the levee protection improvements.
According to the State’s Urban Level of Flood Protection Criteria, a finding based on adequate progress has an effective period of 10 years from the date it was approved. To maintain adequate progress status, progress reports must be prepared annually to demonstrate progress on the construction of the flood improvements. Annual progress reports for the years 2018, 2019, 2020, 2021, 2022, and 2023 demonstrated adequate progress occurring on the improvements and were accepted by Council (Motions 2018-12-04-1103, 2019-12-17-1105, 2020-12-01-1101, 2021-12-07-1203 and 2022-12-06-1203, 2023-12-05-1204).
Present Situation
RD 2042 prepared the 2024 Annual Progress Report for submission to the CVFPB (Attachment D - 2024 Annual Progress Report). The report identifies the District will expend approximately $161,755 for the year 2024 on the levee protection system at three locations identified as stations N177+38, and N195+72 to address construction of the pipes. The overall levee improvement project remains on schedule, and the RD 2042 continues to budget for the remainder of the improvements to be completed in 2026.
This annual progress report provides an update on the 200-year flood protection improvements; Council action is required to validate the Adequate Progress Finding. Though the State’s criteria does not specify whether the original approving authority of the Adequate Progress Finding needs to accept the report, this has been an established practice by other local agencies maintaining Adequate Progress Findings to ensure compliance. Staff recommends that the Council approve a motion to accept the 2024 progress report, which confirms the Council’s Adequate Progress Finding determination that RD 2042 is making adequate progress on the construction of flood protection improvements that will result in flood protection equal or greater to the 200-year level of flood protection for the District area. This area-wide finding can be relied upon for any subsequent applications that are submitted requiring discretionary planning approvals or ministerial building permits for new construction of residential units within the RD 2042 boundary. This is most critical for the Westlake Villages Development, which is actively constructing single-family residential units.
FINANCIAL SUMMARY
There will be no financial impact to the City of Stockton as a result of the recommended action.
Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map
Attachment D - 2024 Annual Progress Report