City Council Agenda
Memo to: Manteca City Council
From: Kevin Jorgensen II, Director of Engineering/City Engineer
Prepared by: Greg Showerman, Deputy Director of Engineering
Mike Selling, Deputy Director of Engineering
Date: October 21, 2024
Subject: Validation of Findings of Adequate Progress Towards 200-Year Flood Protection in the Mossdale Tract Area
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Adopt a resolution, as a land use agency, relying on the 2023 Annual Adequate Progress Report Update provided by the San Joaquin Area Flood Control Agency (SJAFCA), validating the July 5, 2016, Finding of Adequate Progress in the Mossdale Tract Area.
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Background:
In 2007, the Legislature passed California Senate Bill 5 (SB5), which was later amended by various other bills. SB5 required the State to develop and adopt a comprehensive Central Valley Flood Protection Plan (CVFPP), which was approved by the Central Valley Flood Protection Board (CVFPB) in June 2012. As amended, SB5 also required all cities and counties in the Central Valley to incorporate the CVFPP into their respective General Plans by July 2, 2015, and into their zoning ordinances by July 2, 2016. SB5 restricts development beyond July 2, 2016, unless a permitting agency can make a finding of “Adequate Progress” toward providing an Urban Level of Flood Protection (ULOP), which includes protection from a 200-year flood.
The existing Reclamation District 17 (RD 17) Mossdale Tract levees currently do not meet the updated Department of Water Resources (DWR) urban levee design criteria (ULDC) standards adopted in May 2012, and the existing levees are not currently certified to provide 200-year flood protection. Accordingly, the affected land use agencies, in coordination with RD 17, are jointly pursuing efforts to achieve ULOP.
On July 5, 2016, the City of Manteca (Manteca) adopted findings of Adequate Progress toward providing a 200-year ULOP in the Mossdale Tract Area (Area). The approved “Adequate Progress Findings Pursuant to Government Code Sections 65865.5, 65962 and 66474.5” relied upon technical documents of ULDC analysis, including an Engineer’s Report, an Independent Panel of Experts (IPE) Report, the response to the IPE Report, and the Adequate Progress Final Report, to represent the substantial evidence on the record in support of the finding of Adequate Progress. The Adequate Progress Final Report also identified several funding sources that would fund the ULOP effort. The CVFPB was subsequently notified of the status of progress toward completion of the flood protection system.
On January 16, 2018, Manteca and the City of Lathrop joined the San Joaquin Area Flood Control Agency (SJAFCA) in an effort to provide a more regional approach through an Amended and Restated Joint Exercise of Powers Agreement for SJAFCA. This allowed SJAFCA to take the lead in furthering a plan for 200-year ULOP for the Area and provide a stronger more unified regional voice in advocating for state and federal funding.
With this expansion, SJAFCA has also taken over the role of Local Flood Management Agency (LFMA) for the Area and has the responsibility to provide the Annual Adequate Progress Report (AAPR) toward achieving a 200-year ULOP and submit it to the CVFPB. With SJAFCA’s preparation and submission of the AAPR, Manteca can continue issuing, within the Area, discretionary permits for commercial and industrial uses, and ministerial permits for new residential homes while SJAFCA continues to make progress toward establishing a 200-year ULOP.
SJAFCA recently prepared and issued the 2023 AAPR (Report). This Report notes, “Critical Features of the Flood Protection System are Under Construction and Each Critical Feature is Progressing.” The Report elaborates in detail the accomplishments to date satisfying the requirements of Adequate Progress, as defined by the 2007 California Flood Legislation. Specifically, RD 17 has nearly completed the Phase 3 Levee Seepage Repair Project (LSRP), which has been funded by bonds secured by assessment revenues and a funding agreement with DWR. Additionally, the 2023 Report presents an update on three key aspects of the program:
1. The program timeline now reflects the extension of the deadline to achieve 200-year level of flood protection to 2040 as a result of the Governor signing Senate Bill (SB) 586 into law in April 2024.
2. The status of the Agency and the State’s partnership in advancing the Lathrop and Manteca Feasibility Study (Federal Feasibility Study) with the U.S. Army Corps of Engineers (USACE).
3. The significant advancement of early actions to reduce risk through the Agency’s partnership with the State through the DWR’s Urban Flood Risk Reduction Program (UFRR).
As detailed in the Report, the following schedule of milestone completion dates provides the LFMA’s updated current plan to implement the levee improvements:
• Phase 3: RD 17 LSRP (12/31/2024)
• Phase 4: SJAFCA Project
o Environmental Documentation (6/30/2025)
o Right-of-Way Acquisition (12/31/2026)
o Engineering Design (12/31/2026)
o Permitting & Compliance (12/31/2027)
o Construction (10/31/2029)
Approval of the 2023 Annual Adequate Progress Report Update by SJAFCA for the Area, and submission of the Report by SJAFCA to the CVFPB, allows the City of Manteca, as a land use agency, to rely on prior findings of Adequate Progress. This would then allow the City of Manteca to continue issuing, within the Area, discretionary permits for commercial and industrial uses, and ministerial permits (building permits) for residential development, while SJAFCA continues to make progress toward establishing ULOP for the Area.
Fiscal Impact:
There is no fiscal impact associated with this item.
Documents Attached:
1. Attachment 1 - Resolution
2. Attachment 2 - Exhibit “A” to Resolution: 2023 Annual Adequate Progress Report Update