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APPROVE A MOTION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH RECLAMATION DISTRICT 17, CITIES OF LATHROP AND MANTECA, AND SAN JOAQUIN COUNTY TO ACHIEVE 200-YEAR LEVEL OF FLOOD PROTECTION FOR THE RECLAMATION DISTRICT 17 AREA
recommended action
RECOMMENDATION
It is recommended that the City Council approve a motion authorizing the City Manager to execute a Memorandum of Understanding between Reclamation District 17, San Joaquin County, and the Cities of Lathrop and Manteca to achieve 200-year level of flood protection for the Reclamation District 17 area.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the motion.
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Summary
A Memorandum of Understanding (MOU) is being proposed as an initial step in formalizing a relationship among the local land use agencies within the Reclamation District (RD) 17 basin and RD 17 to work cooperatively toward a goal of achieving 200-level flood protection for the area. Entering into the MOU would demonstrate Stockton’s commitment to conduct initial planning activities and develop a framework to finance the improvement of existing levees to meet the increased flood protection requirements. However, this MOU does not commit Stockton to a particular financial model or final approach at this time. If a consensus develops among the local agencies in the RD 17 basin as a result of this effort, a final proposal and further implementation measures such as a development impact fee program for flood control would be presented to Council for approval as necessary. California Senate Bill 5 (SB5) requires cities and counties in California’s Central Valley, including Stockton, San Joaquin County and the Cities of Lathrop and Manteca, to make “findings” on certain land use decisions relating to 200-year flood protection. The Cities of Lathrop and Manteca are particularly affected by SB5 as much of their planned development is in the RD 17 basin area, which is identified as deep floodplain having projected flood depths of 20 feet in a 200-year storm event. Portions of the City of Stockton and unincorporated San Joaquin County are also located within RD 17. Since RD 17 contains multiple land use agencies, San Joaquin County and the Cities of Lathrop, Manteca, and Stockton have engaged in discussions and participated in feasibility studies to determine the necessary improvements and costs to improve the RD 17 levee protection system to the SB5 200-year standard (See Attachment A - RD 17 Vicinity Map).
DISCUSSION
Background
On May 24, 2016, the City Council approved an amendment to Stockton Municipal Code, Titles 15 and 16, to comply with California Senate Bill 5 (SB5), which became effective on July 2, 2016 (Ordinance No. 2016-05-24-1605). SB5 requires that Central Valley cities and counties make a “finding” related to a 200-year level of flood protection, defined in the law as the “urban level of flood protection” for certain land-use decisions including the approvals of development agreements, tentative maps, discretionary permits, and building permits for construction of a new residence.
The SB5 required findings are generally summarized as the following:
1. The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection; or
2. The city has imposed conditions on the development agreement that will protect the property to the urban level of flood protection; or
3. The local flood management agency has made adequate progress (as defined in California Government Code section 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection; or
4. The property in an undetermined risk area has met the urban level of flood protection; or
5. The property is located in an area of potential flooding of three (3) feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage; or
6. The property is located within a watershed with a contributing area of 10 or fewer square miles.
The City of Stockton is predominantly protected to the FEMA 100-year standard, with the exception of a few locations including the Country Club area and southeast Stockton area near Arch-Airport Road. Currently, the City does not have 200-year flood protection in place, as defined by SB5. Based on this, it is anticipated that the City will rely upon making SB5 “findings” 2 and 5 above, which require development projects to either be within three feet or less of flood levels or conditioning projects to elevate or floodproof to this level. It becomes a greater challenge to make these findings for areas in the deeper floodplains like the RD 17 basin, where 200-year flood depths are projected to be as much as 20 feet. RD 17 is one of a dozen reclamation districts with jurisdictional boundaries in the City of Stockton limits. Reclamation districts are local government agencies with a taxing authority that are responsible for maintaining levee systems in the Central Valley with funding derived from property tax assessments. Reclamation districts do not have land use authority and are unable to impose an impact fee for flood purpose on new development.
San Joaquin County and the Cities of Lathrop, Manteca, and Stockton all have areas within their jurisdictions that are located within the RD 17 basin, with each jurisdiction having independent land use authority. The Cities of Lathrop and Manteca are experiencing the greatest development interests within their respective jurisdictional areas of RD 17, while San Joaquin County and City of Stockton do not presently have active private land development proposals in the area. However, all of the jurisdictions share a common interest to enhance the flood protection system to provide increased public safety for the current residents of the RD 17 basin. For Stockton, this predominantly consists of the Weston Ranch Development area which has an estimated population of approximately 19,000.
The RD 17 basin currently meets the FEMA 100-year flood protection standard, but does not have 200-year flood protection as defined by SB5. As a result, the Cities, County, and RD 17 have been engaged in preparing feasibility studies to qualify for State and Federal funding for design and construction of 200-year levee system improvements, which could take several years to secure and begin construction. The San Joaquin Area Flood Control Agency (SJAFCA) has been leading the preparation of a U.S. Army Corps of Engineers feasibility study to improve flood control along the San Joaquin River. SJAFCA is a Joint Powers Authority that was created in May 1995 between the City of Stockton, San Joaquin County, and the San Joaquin Flood Control and Water Conservation District for the purpose of addressing flood protection for Stockton and the surrounding unincorporated County area. Lathrop and Manteca are not currently members of SJAFCA.
Present Situation
The RD 17 basin agencies are interested in jointly exploring the establishment of local funding mechanisms, such as an assessment district and impact fee, that could finance the required local share of levee system improvements for 200-year protection. The desire is for the levee system improvements to protect the entire RD 17 basin area. Based on a preliminary review, the most cost effective approach is to improve the levee system that is currently in place (“fix-in-place”). Alternatives to this approach, including the construction of new cross levee systems, are considered to be less cost effective and some areas of RD 17 would remain unprotected. The MOU is proposed to provide for local agency collaboration (Attachment B - RD 17 MOU) regarding the planning and design work and implementation of the 200-year flood protection project, which may result in some modification to the fix-in-place project. Stockton and San Joaquin County should participate in this process as the RD 17 levee system improvements would benefit all of the agencies within the RD 17 basin. Provided funds become available and construction of levee improvements is initiated, the Cities and County could make an SB5 “finding” of adequate progress (finding 3 above) and approve development applications.
By entering into this MOU, the City agrees to work in cooperation with the other local agencies:
1. On the planning, design and development of the “fix-in-place project” flood protection improvements.
2. To develop a framework for the evaluation of funding mechanisms for implementing the improvements.
3. To outline a process and schedule that identifies milestones for implementing identified funding mechanisms.
4. To evaluate a governance structure involving the establishment of a new or expanded existing joint powers authority to implement the project.
5. To collaborate with RD 17 to pursue State and Federal funding for the improvements.
This MOU contemplates that the agencies will ultimately enter into a new or amended Joint Exercise of Powers Agreement to formalize the principles set forth in it.
FINANCIAL SUMMARY
The MOU does not establish or require any financial commitment by the City at this time, other than staff time for participation in meetings.
Attachment A - RD 17 Vicinity Map
Attachment B - RD 17 MOU