title
ADOPT A RESOLUTION APPROVING THE 2020 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD PROTECTION ADEQUATE PROGRESS FINDING FOR THE MOSSDALE TRACT
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a Resolution approving the 2020 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Mossdale Tract.
body
Summary
The Mossdale Tract is located on the south end of the City of Stockton, west of Interstate 5, and extends south to include significant portions of the Cities of Lathrop and Manteca and San Joaquin County (Attachment A - Mossdale Tract Boundary Map). The Tract is protected by a levee system along the San Joaquin River, which is maintained by Reclamation District 17 (RD 17) and certified by the Flood Emergency Management Agency (FEMA) for the 100-year level of protection. According to the State’s 200-year flood protection program, commonly known as SB 5 (Central Valley Flood Protection Act of 2008, Chp 364, Stats 2007), some lands within Mossdale Tract are in deeper floodplain where floodwaters could exceed 10 feet in depth. SB 5 requires that certain types of new development not be approved unless local planning agencies make findings that new development will have 200-year protection.
On September 18, 2018, City Council approved a 200-year adequate progress finding for the Mossdale Tract Area, based on an engineer’s report that was prepared by the San Joaquin Area Flood Control Agency (SJAFCA). To maintain adequate progress status, a report on the efforts to complete the flood protection system improvements must be submitted to the Central Valley Flood Protection Board (CVFPB) annually. On September 17, 2019, City Council approved a 2019 annual progress report to confirm the 200-year adequate progress finding. SJAFCA prepared a 2020 report that indicates progress continues to be made on securing local, state, and federal funding and preparing engineering plans to construct the levee protection system improvements. Potential local funding sources being analyzed include the formation of a property tax assessment district and establishing an enhanced infrastructure financing district to allocate some property tax increment toward levee protection improvements in the Mossdale Tract area. Adoption of the proposed Resolution will enable new residential construction and new commercial construction that is subject to discretionary approvals within the Mossdale Tract to occur, inclusive of the Weston Ranch area, in compliance with State flood regulation.
DISCUSSION
Background
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 and became effective on July 2, 2016. Attachment B contains an overview of SB 5 and the City’s process for complying with the regulation, including the various findings that can be made before approving development projects.
The Mossdale Tract is located west of Interstate 5 and south of the French Camp Slough and includes portions of the Cities of Stockton, Lathrop, and Manteca and the County of San Joaquin. A system of levees is operated and maintained by Reclamation District 17 and currently protects the tract area to the 100-year level of protection according to FEMA standards, which correlates to standards in the National Flood Insurance Program. Based on the 200-year floodplain map, the Mossdale Tract may be subject to flood depths of 10 feet or greater (Attachment C - 200-Year Floodplain Map).
The City of Stockton portion of the tract is predominantly developed, and consists of approximately 6,500 homes and a neighborhood commercial shopping center within the Weston Ranch planned development. Approximately 190 acres in the City limits remain undeveloped. Some of this area has City approval to develop but has been postponed due to the 200-year flood protection requirements.
The Cities of Lathrop and Manteca have substantially more active development occurring in Mossdale Tract that was inhibited by the 200-year flood regulation when it became effective on July 2, 2016. The two cities and concerned developers jointly funded studies (in excess of $3 million) to determine the necessary improvements to the Mossdale Tract levee system to achieve 200-year flood protection. A financial analysis was prepared to identify how the improvements could be financed through a combination of federal, state, and local funds. Local funds would be derived from implementation of a regional flood impact fee and formation of an assessment district. Both Lathrop and Manteca each relied on the engineering report and other activities as substantial evidence to make SB 5 findings for adequate progress beginning in 2016. An annual report was submitted to the State of California Central Valley Flood Protection Board to document progress. Since then, Lathrop and Manteca approved additional development in Mossdale Tract based on adequate progress findings. Since Stockton and San Joaquin County did not have active development occurring in Mossdale Tract in 2016, neither agency contributed a cost-share to financing the preparation of the engineering report. Therefore, neither agency could use the engineering report to make an adequate progress finding if it became necessary.
The SJAFCA, Stockton, Lathrop, Manteca, and San Joaquin County are collectively working to advance preliminary designs for the 200-year improvements to the Mossdale Tract levee system for submittal to the necessary state and federal agencies to secure funding and permit approvals. To better develop a regional voice when interacting with these agencies, the local cities and county agreed to expand SJAFCA’s joint powers board and responsibilities to include Mossdale Tract (effective January 1, 2018). As a result, SJAFCA is now the lead agency in pursuing financing and preliminary design approvals. SJAFCA also assumed responsibility to prepare the annual adequate progress report on behalf of its member agencies.
On June 28, 2018, SJAFCA prepared and submitted an annual adequate progress report entitled “Mossdale Tract Program: 2018 Annual Adequate Progress Report Update for Urban Level of Flood Protection Final Report” to the State’s Central Valley Flood Protection Board. The report provides status updates on the engineering design and financing program, which relies on a combination of federal, state, and local funding that may be derived from the implementation of a regional flood impact fee, assessment district, and other programs. This report serves as the substantial evidence in the record for Stockton and other agencies with land use authority to make a finding for approving development applications. On September 18, 2018, City Council approved a 200-year adequate progress finding for the Mossdale Tract, inclusive of the Weston Ranch area, based on the engineering report prepared by SJAFCA (Resolution No. 2018-09-18-1105). This regional finding can be relied upon to approve subsequent discretionary planning applications for new commercial construction and ministerial building permits for new residential construction within the Stockton portion of Mossdale Tract, including Weston Ranch.
Present Situation
On September 17, 2019, City Council approved a 2019 Annual Adequate Progress Report for Urban Level of Flood Project for the Mossdale Tract that confirmed progress was occurring on achieving 200-year flood protection for the Mossdale Tract. Since that time, progress has continued with establishing local funding sources to combine with State and Federal funding programs to fund the approximate $210 million dollar levee improvement project. This work included preparation of a feasibility analysis on the formation of a levee improvement assessment district and feasibility analysis on the formation of an enhanced infrastructure financing district that considers allocation of some property tax increment toward levee protection for the Mossdale Tract area. Also, SJAFCA issued a request for proposals to initiate preliminary design for a dryland levee improvement project in the City of Manteca south of State Highway Route 120, which will be a component to the overall levee system upgrades to achieve 200-year flood protection.
SJAFCA prepared a 2020 Progress Report that demonstrates the continued progress on the eventual construction of the 200-year flood protection improvements. Staff recommends that the Council adopt the proposed Resolution to approve the 2020 Progress Report to confirm that adequate progress is being made to construct flood protection improvements to the Mossdale Tract levee system. This regional finding can be relied upon to approve subsequent discretionary planning applications for new commercial construction and ministerial building permits for new residential construction within that portion of the City of Stockton.
FINANCIAL SUMMARY
There is no immediate financial impact to the City as a result of the proposed Council action to approve the adequate progress finding for Mossdale Tract. Based on the approved Financing Plan, there also is no anticipated cost or loss of revenues in the long-term. SB 5 prevents new development in this Tract area absent flood improvements, and therefore future tax growth in this area is limited. Dedication of future tax increments related to new development that would not exist absent 200-year flood protection is not estimated to reduce revenues currently forecasted in the Long-Range Financial Plan.
Attachment A - Mossdale Tract Boundary Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map