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2018 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 approve a motion accepting the 2018 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area.
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Summary
Reclamation District 2042 is located on the north end of the City of Stockton and just west of Interstate 5 and north and south of Eight Mile Road (See 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. RD 2042 area includes approximately 800 acres of undeveloped land that is in the City limits and was approved for residential development but was never built due to the slowed economy.
In accordance with State regulation commonly known as Senate Bill 5 (Central Valley Flood Protection Act of 2008, Chp. 364, Stats. 2007), the 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. 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 construction of residential units 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 2018 progress report that indicates levee improvements are progressing and on schedule for completion by the year 2024 and submitted the report to the CVFPB. Staff recommends that Council approve a motion accepting the 2018 Annual Progress Report which validates the Council’s adequate progress finding for the RD 2042 boundary area.
DISCUSSION
Background
RD 2042’s levees are currently accredited to 100-year Flood Emergency Management Agency (FEMA) standards, which correlates to 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 (12% of units built) and Crystal Bay, consisting of 951 single family units on 156 acres (0% of units built).
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, Chp. 364, Stats. 2007). This regulation is commonly referred to as Senate Bill (SB) 5. Attachment B contains an overview of SB 5 and the City’s process for complying with the regulation.
Based on the 200-year floodplain map, RD 2042 is located within the deeper floodplain area, with portions exceeding 10’ of flood depth. (Attachment C - 200-Year Flood Map). RD 2042 is out of compliance with SB 5, and absent a plan to complete flood protection system improvements 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 their levees in accordance with the SB 5 urban levee design criteria standards to identify any deficiencies and countermeasures needed to achieve 200-year protection. The District funded the City’s commissioning of an independent panel of experts (IPE) 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 relatively minor improvements to address deteriorated pipe penetrations in the levees to meet the 200-year flood protection requirements. The total cost of the improvements is approximately $2.9 million. 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.
Present Situation
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. The state’s Criteria also specifies that to maintain an approved flood finding of adequate progress during the effective 10-year period, a report on the efforts to complete the flood protection system must be submitted to the CVFPB annually. The report should include specifics on improvements constructed on the overall project including funds expended thus far and a schedule, budget and work scope for the remaining improvements to be constructed.
RD 2042 prepared the first (2018) annual progress report and provided this report (Attachment D - 2018 Annual Progress Report). The report identifies that the District expended approximately $90,627 in the year 2017 and will expend approximately $498,200 by the end of year 2018 in making progress on improvements to address the pipe penetrations in the levee protection system. The overall levee improvement project remains on schedule and the RD continues to budget for the remainder of the improvements to be completed by 2024.
This annual progress report is being provided to inform Council of progress being made on implementation of the 200-year flood protection improvements and for Council to confirm its Adequate Progress Finding remains valid. 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 insure compliance. Staff recommends that the Council approve a motion to accept the 2018 annual report, which validates the Council’s 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 areawide 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 RD 2042 boundary.
FINANCIAL SUMMARY
There is no anticipated financial impact to the City of Stockton as a result of the proposed Council action to accept the 2018 annual report an SB 5 finding for the RD 2042 boundary area.
Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Flood Map
Attachment D - 2018 Annual Progress Report