October 14, 2024 – Regular Meeting Agenda – 7:00 p.m.
Printed on Recycled Paper See Reverse
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October 14, 2024 – City Council Regular Meeting – 7:00 p.m.
City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Minnie Diallo, Vice Mayor
Paul Akinjo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Thomas Hedegard, Deputy City Manager
Stephen Sealy, Chief of Police
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Juliana Burns, Human Resources Director
Rick Caguiat, Community Development
Director
Todd Sebastian, Parks and Recreation
Director
General Order of Business
1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest
2. Presentations
3. Citizen’s Forum
4. Consent Calendar
5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions
6. Council Communications
7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.
Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 1
IMPORTANT NOTICE REGARDING THIS MEETING
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/j/1613950092?pwd=blIF76Pk3k11hyfUaKfSha latABt0b.1
During the meeting, those joining ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter. Please ensure your computer speaker and microphone are fully functional.
For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.
Meeting Webinar ID: 161 395 0092/ Passcode: 894414
If you are not able to attend the meeting in person or virtually - Public comment / questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230. Please reference the Agenda Item or Public Comment Matter, and the date of the City Council Meeting, in your written communication.
Questions or comments submitted by email must be submitted by 4:00 p.m., on the day of the meeting.
To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.
Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address the City Council, a card must be submitted to the City Clerk indicating the name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council.
State your name and address. In order to ensure all persons, have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest in speaking, prior to the conclusion of Citizen’s Forum will be called upon to speak.
Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.
Please note, the Council Chamber has limited occupancy due to social distancing.
To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the agenda may be referred to:
Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 3
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 14, 2024
7:00 P.M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be a Closed Session commencing at 6:15 p.m. The Regular Meeting will reconvene at 7:00 p.m., or immediately following the Closed Session, whichever is later.
1. PRELIMINARY
1.1 CALL TO ORDER
1.2 CLOSED SESSION
1.2.1 LIABILITY CLAIM - Pursuant to Government Code Section 54956.95
Claimant: Fernando Flores
Agency Claimed Against: City of Lathrop
1.2.2 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) and 54956.9(e)(1)
• 1 Potential Case(s)
RECONVENE
1.2.3 REPORT FROM CLOSED SESSION
1.3 ROLL CALL
1.4 INVOCATION
1.5 PLEDGE OF ALLEGIANCE
1.6 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER
1.7 INFORMATIONAL ITEM(S) - None
1.8 DECLARATION OF CONFLICT(S) OF INTEREST
4 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 4
2. PRESENTATIONS
2.1 PRESENTATION OF LIFETIME ACHIEVEMENT AWARD PRESENTED TO
BENNIE GATTO
2.2 INTRODUCTION OF NEW EMPLOYEES
Public Works Department
• Alberto Navarro, Building Inspector
• Emmanuel Mondragon, Maintenance Worker
Police Department
• Alejandra Maldonado, Police Officer
2.3 PRESENTATION REGARDING LOCAL GOVERNMENT EDUCATIONAL
FORUM PRESENTATION BY PG&E
2.4 ECONOMIC DEVELOPMENT QUARTERLY UPDATE & PRESENTATION REGARDING “A CITY'S ROLE IN ATTRACTING NEW BUSINESS:
BALANCING COMMUNITY WANTS AND RETAILER NEEDS”
3. CITIZEN’S FORUM
Any person desiring to speak on a matter which is not scheduled on this agenda may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest in speaking, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. (See California Government Code Section 54954.2(a)). Unless directed otherwise by City Council majority, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST
BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!
4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.
5 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 5
4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember
4.2 APPROVAL OF MINUTES
Approve Minutes for the Regular City Council Meeting of September 9, 2024
4.3 CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER DUE TO HOLIDAY Set Special Meeting Date for November 18, 2024, in Lieu of the Regular Meeting Scheduled for November 11, 2024, due to the Veteran’s Day Holiday
4.4 TABLE SPONSORSHIP AT THE POLICE CHIEF’S BLACK-TIE BALL, A
NIGHT AMONG HEROES
Approve City Participation and Table Sponsorship at the Police Chief’s Black-Tie Ball, A Night Among Heroes by Manteca Police Chief’s Foundation on November 2, 2024, in Manteca, California
4.5 ANNUAL REVIEW AND ADOPTION OF THE CITY’S INVESTMENT POLICY Adopt Resolution Approving the Annual Investment Policy for Fiscal Year 2024-25
4.6 VALIDATION OF THE 2023 FINDING OF ADEQUATE PROGRESS IN THE
MOSSDALE TRACT AREA
Adopt Resolution Validating the 2023 Urban Level of Flood Protection (ULOP) Finding of Adequate Progress in the Mossdale Tract Area, Acting as the Land Use Agency
4.7 APPROVE PLANNING FEE WAIVER REQUEST BY GLOBAL SEVA
FOUNDATION (TUP-24-131)
Adopt Resolution Waiving the Temporary Use Permit Application Processing and Document Retention Fees for the Global Seva Foundation, in the Combined Amount of $392
4.8 APPROVE PLANNING FEE WAIVER REQUEST BY HOME CHURCH (TUP24-138) Adopt Resolution Waiving the Temporary Use Permit Application Processing and Document Retention Fees for Home Church, in the Combined Amount of $392
4.9 APPROVE PARTICIPATION IN THE SAN JOAQUIN REGIONAL HOUSING FUND
Adopt Resolution Approving Participation in the San Joaquin Regional Housing Fund Administered by the San Joaquin Council of Governments Board of Directors
6 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 6
4.10 APPROVE PURCHASE OF PROJECT MANAGEMENT SOFTWARE AND SUPPORT SERVICES FROM EC AMERICA, INC., AND APPROVE BUDGET
AMENDMENT
Adopt Resolution to Approve the Purchase of Project Management Software and Support Services from EC America, Inc., and Approve Budget Amendment
4.11 APPROVE TASK ORDER NO. 12 WITH CRANE TRANSPORTATION GROUP FOR THE PREPARATION OF THE 2024 TRAFFIC MONITORING PROGRAM
AND ANALYSIS AND RELATED BUDGET AMENDMENT
Adopt Resolution Approving Task Order No. 12 with Crane Transportation Group for the Preparation of the 2024 Traffic Monitoring Program and Analysis, Pursuant to Master Consulting Agreement dated June 11, 2018, and Related Budget Amendment
4.12 APPROVE REIMBURSEMENT AGREEMENT FOR THE MURPHY PARKWAY
EXTENSION IMPROVEMENTS WITHIN THE CROSSROADS AREA AND
ADJUSTMENT TO THE GASB 34 REPORT ASSOCIATED WITH EP NO. 2020-41
Adopt Resolution Approving a Reimbursement Agreement for Design and Construction of the Murphy Parkway Extension within the Crossroads Area with Prologis, Inc. and an Adjustment to the GASB 34 Report Associated with Encroachment Permit No. 2020-41
4.13 APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH O’DELL ENGINEERING, INC., FOR THE HISTORIC LATHROP BEAUTIFICATION PROJECT, CIP GG 24-23 AND
APPROVE BUDGET AMENDMENT
Adopt Resolution to Approve Amendment No. 2 to the Professional Engineering Services Agreement with O’Dell Engineering, Inc., for the Historic Lathrop Beautification Project, CIP GG 24-23, and Approve Budget Amendment
4.14 APPROVE PURCHASE OF SWARCO MCCAIN, INC., AND ITERIS, INC.,
PRODUCTS FOR CITY-WIDE TRAFFIC SYSTEMS AND SAFETY UPGRADES PROJECT, CIP PS 23-01 AND APPROVE BUDGET AMENDMENT
Adopt Resolution Approving the Purchase of Swarco McCain Inc., and Iteris, Inc., Products for the City-Wide Traffic Systems and Safety Upgrades Project, CIP PS 23-01 and Approve Budget Amendment
4.15 APPROVE CONTRACT CHANGE ORDER NO. 2 WITH DSS COMPANY DBA
KNIFE RIVER CONSTRUCTION FOR YOSEMITE AVENUE PAVEMENT
REHABILITATION, CIP PS 24-31 AND APPROVE BUDGET AMENDMENT Adopt Resolution to Approve Contract Change Order No. 2 with DSS Company, dba Knife River Construction, for Yosemite Avenue Pavement Rehabilitation, CIP PS 24-31 and Approve Budget Amendment 7 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 7
4.16 APPROVE AMENDMENT NO. 3 WITH CAROLLO ENGINEERS, INC., FOR AQUIFER STORAGE AND RECOVERY, CIP PW 22-36
Adopt Resolution Approving Amendment No. 3 with Carollo Engineers, Inc., for Aquifer and Storage Recovery, CIP PW 22-36
4.17 APPROVE AMENDMENT NO. 4 WITH PACE, INC., AND BUDGET AMENDMENT FOR CTF PHASE 3 EXPANSION, CIP WW 22-38
Adopt Resolution to Approve Amendment No. 4 with Pacific Advanced Civil Engineering, Inc., and Approve Budget Amendment for CTF Phase 3 Expansion, CIP WW 22-38
4.18 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 21-02, FROM YOSEMITE LATHROP 2, LLC., LOCATED WITHIN THE LATHROP GATEWAY BUSINESS PARK
Adopt Resolution Accepting Public Improvements Associated with the Subdivision Improvement Agreement for Parcel Map 21-02, from Yosemite Lathrop 2, LLC., Located within the Lathrop Gateway Business Park
4.19 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH EP NO. 2022-98, LOCATED AT 1700 E LOUISE AVENUE FROM CBC STEEL BUILDINGS, LLC Adopt Resolution Accepting Public Improvements Associated with Encroachment Permit No. 2022-98, Located at 1700 E Louise Avenue from CBC Steel Buildings, LLC
4.20 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY STOCKBRIDGE GENERAL CONTRACTING INC., FOR CIP PK 20-02, MILESTONE PARK
IMPROVEMENTS
Adopt Resolution to Accept Public Improvements Constructed by Stockbridge General Contracting, Inc., for CIP PK 20-02, Milestone Park Improvements and Authorize the Filing of a Notice of Completion, Release of Contract Retention, and Release of Performance and Payment Bonds
4.21 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXINS PACIFIC EXCAVATION, INC., FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23-01, APPROVE CONTRACT CHANGE ORDER NO. 2, AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Accept Public Improvements Constructed by Tim Paxin’s Pacific Excavation, Inc., for the Installation of Traffic Signal Network Cabinets, CIP PS 23-01, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance, Payment Bonds, Approve Contract Change Order No. 2, and Approve Budget Amendment
8 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 8
4.22 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY MG AND JC CONCRETE, INC., FOR RECONSTRUCTION OF MOSSDALE ELEMENTARY SCHOOL CURB RAMPS, CIP PS 24-07, RATIFY CONTRACT CHANGE ORDER NO. 1, AND APPROVE BUDGET AMENDMENT
Adopt Resolution to Accept Public Improvements Constructed by MG and JC Concrete, Inc., for Reconstruction of Mossdale Elementary School Curb Ramps, CIP PS 24-07, to Ratify City Manager’s Action to Execute Contract Change Order No. 1, and to Approve Budget Amendment
4.23 CREATE CIP PK 25-13 SANGALANG PARK SHADE SHELTER, AWARD CONSTRUCTION CONTRACT TO B&M BUILDERS, INC., AND APPROVE
BUDGET AMENDMENT
Adopt Resolution to Create CIP PK 25-13 Sangalang Park Shade Shelter, Award Construction Contract to B&M Builders, Inc., and Approve Budget Amendment
4.24 CREATE CIP PS 25-04 FOR ROTH ROAD PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC., APPROVE
BUDGET AMENDMENT, APPROVE PROGRAM SUPPLEMENT AGREEMENT
WITH CALTRANS, AND AUTHORIZE CITY MANAGER TO EXECUTE THE
AGREEMENT
Adopt Resolution to Create Capital Improvement Project PS 25-04 for Roth Road Pavement Rehabilitation, to Award a Construction Contract to George Reed, Inc., to Approve a Budget Amendment, to Approve a Program Supplement Agreement with Caltrans, and to Authorize the City Manager to Execute the Agreement
4.25 CREATE CIP PS 25-12 RIVER ISLANDS PARKWAY AND OBERLIN AVENUE
TRAFFIC SIGNAL AND APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HEXAGON TRANSPORTATION CONSULTANTS, INC., AND
APPROVE BUDGET AMENDMENT
Adopt Resolution Approving the Creation of CIP PS 25-12 River Islands Parkway and Oberlin Avenue Traffic Signal and Approving a Professional Services Agreement with Hexagon Transportation Consultants, Inc., and Approve Budget Amendment
4.26 CREATE CIP PW 25-10 EAST LATHROP WATER DISTRIBUTION SYSTEM
IMPROVEMENTS AND APPROVE PROFESSIONAL SERVICES AGREEMENT
WITH BLACK WATER CONSULTING ENGINEERS
Adopt Resolution to Approve the Creation of CIP PW 25-10 East Lathrop Water Distribution System Improvements, Approve Associated Budget Amendment and Approve a Professional Services Agreement with Black Water Consulting Engineers
9 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 9
RIVER ISLANDS DEVELOPMENT CONSENT ITEM(S)
4.27 APPROVE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 31 LOTS IN TRACT 4180 VILLAGE 1 UNIT 2 WITHIN WEST VILLAGE
DISTRICT OF RIVER ISLANDS
Adopt Resolution to Approve Final Map for Tract 4180 Village 1 Unit 2 within the West Village District, Totaling 31 Single Family Lots and a Subdivision Improvement Agreement with River Islands Development Area 2, LLC
4.28 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 33 LOTS IN TRACT 4231 VILLAGE 26 UNIT 1 WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4231 Village 26 Unit 1 within the West Village District, Totaling 33 Single Family Lots, Annexation into CFD 2023-1, and a Subdivision Improvement Agreement with River Islands Development Area 1, LLC
4.29 APPROVE FINAL MAP, CFD ANNEXATION, AND SUBDIVISION IMPROVEMENT AGREEMENT FOR 77 LOTS IN TRACT 4237 VILLAGE 25
WITHIN WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopt Resolution Approving Final Map for Tract 4237 Village 25 within the West Village District, Totaling 77 Single Family Lots, Annexation into CFD 2023-1, and a Subdivision Improvement Agreement with River Islands Development Area 1, LLC
5. SCHEDULED ITEMS
5.1 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER THE 2025
SJMSCP DEVELOPMENT FEE ANNUAL ADJUSTMENT
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Approving an Annual Adjustment to the San Joaquin County Multi-Species Habitat Conservation
and Open Space Plan (SJMSCP) Development Fee for 2025
5.2 PUBLIC HEARING (PUBLISHED NOTICE) APPROVING AN AMENDMENT TO THE ASHLEY FURNITURE PROJECT CONDITIONAL USE PERMIT NO.
CUP-23-08
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution Approving an Amendment to the Ashley Furniture Project Conditional Use Permit No. CUP-23-08
Regarding Allowable Land Uses, Modification to the
Conditions of Approval, and Extension of the Project
Expiration Date
10 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 10
5.3 PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER ADOPTION OF THE CITY OF LATHROP 2024 CAPITAL FACILITY FEE STUDY UPDATE AND
THE FEES RECOMMENDED THEREIN
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. Adopt Resolution to Approve the City of Lathrop 2024 Capital Facility Fee Study Update and the Fees
Recommended Therein
5.4 PUBLIC HEARING (PUBLISHED NOTICE) ORDINANCE TO ADOPT
AMENDMENTS TO THE LATHROP MUNICIPAL CODE (LMC) TO UPDATE CHAPTER 13.04 WATER SERVICE SYSTEM, CHAPTER 13.16 SEWER SERVICE SYSTEM AND CHAPTER 13.20 UTILITY RATES AND CHARGES IN TITLE 13, PUBLIC SERVICES
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to Adopt Amendments to the Lathrop Municipal Code (LMC) to
Update Chapter 13.04 Water Service System, Chapter
13.16 Sewer Service System and Chapter 13.20 Utility
Rates and Charges in Title 13, Public Services, Including:
• Chapter 13.04 (Water Service System): Add (D) To
13.04.155 To Read “A Water Service Customer Who
Presents A Current Military Identification Card Or
Veterans Identification Card Shall Receive A 10%
Reduction In Their Monthly Service Charge By Meter
Size. The Commodity Rate Shall Not Be Reduced.”
• Chapter 13.16 (Sewer Service System): Add (D) To
13.16.255 To Read “A Sewer Service Customer Who
Presents A Current Military Identification Card Or
Veterans Identification Card Shall Receive A 10%
Reduction In Their Flat Monthly Service Charge.”
• Chapter 13.20 (Utility Rates and Charges): Revise
13.20.020 (E) To Read “A Fee [of] Thirty-Five and
No/100ths ($35.00) Dollars Shall Be Charged For
Restoring Water Service To The Same User When It Is
Discontinued For Failure To Pay A Delinquent Account.”
• Chapter 13.20 (Utility Rates and Charges): Add (F) To
13.20.020 To Read “In The Event It Is Necessary To
Lock A Water Meter Because Of A Delinquency And The
Lock Is Subsequently Found Damaged Or Cut, A Fee Of
Fifty And no/100ths ($50.00) Dollars Shall Be Charged
In Addition To The Fee Set Forth In Subsection (E) Of
This Section.”
5.5 REVIEW AND PROVIDE DIRECTION ON CONCEPTUAL PLAN FOR CIP PK 24-04 MOSSDALE LANDING COMMUNITY PARK IMPROVEMENTS
Council to Review and Provide Direction on Conceptual Plan for CIP PK 24-04 Mossdale Landing Community Park Improvements
11 October 14, 2024 Lathrop City Council Regular Meeting Agenda Page 11
5.6 REVIEW AND PROVIDE DIRECTION ON DESIGN CONCEPT OPTIONS FOR
STONEBRIDGE COMMUNITY SIDEWALK AND LANDSCAPE PROJECT,
CREATE CIP PS 25-14 AND APPROVE BUDGET AMENDMENT
Provide Direction on a Design Option for Stonebridge Community Sidewalk and Landscape Project, Create CIP PS 25-14 and Approve Budget Amendment
5.7 REVIEW SURVEY RESULTS AND PROVIDE DIRECTION ON
TRANSPORTATION FOR LATHROP HIGH SCHOOL
Council to Review Survey Results and Provide Direction on Transportation for Lathrop High School
5.8 CITY COUNCIL DISCUSSION REGARDING BOAT PARKING ON
RESIDENTIAL DRIVEWAYS ON A CASE-BY-CASE BASIS
City Council to Discuss and Provide Staff Direction Regarding Boat Parking on Residential Driveways On A Case-By-Case Basis
6. COUNCIL COMMUNICATIONS
6.1 MAYOR DHALIWAL REFERRAL – Appoint One (1) Member to the San Joaquin County Mosquito & Vector Control District Board of Trustees, with Term Ending December 31, 2024, Plus Full Term of Four (4) Years, Ending December 31, 2028, due to Unexpired Term Vacancy • One (1) Application Received
6.2 COUNCILMEMBER TORRES-O’CALLAGHAN REFERRAL – Use of Measure D Funds for Family Entertainment in East Lathrop
6.3 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Ava Community Energy (Diallo/Torres-O’Callaghan)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Dhaliwal/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/Torres-O’Callaghan) • Local Agency Formation Commission (LAFCo) (Diallo)
• Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Vacancy)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo/Lazard/Torres-O’Callaghan)
6.4 MAYOR & COUNCILMEMBER COMMENT(S)
7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director, City Clerk
12 ITEM 4. 2
CITY OF LATHROP
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 9, 2024
7: 00 P. M.
COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 6: 30 a. m. The Regular Meeting reconvened at 7: 04 n. m.
1. CALL TO ORDER - Mayor Dhaliwal called the meeting to order at 6: 30 p. m.
1. 2 CLOSED SESSION
1. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS: Pursuant to Government Code Section: 54956. 8
Address: APN 190- 020- 27, 700 Dos Reis Road, Lathrop, CA Agency Negotiator: Stephen J. Salvatore, City Manager
Negotiating Parties: Debbie Rock
Under Negotiation: Terms of Lease and Settlement Agreements
1.2. LIABILITY CLAIM - Pursuant to Government Code Section 54956. 95
Claimant: Aspire General Insurance Company as Subrogee of Michael Ovando
Agency Claimed Against: City of Lathrop
RECONVENE - Mayor Dhaliwal reconvened the meeting at 7: 04 p. m.
1. 2.3 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided pursuant to all matters under 1.2; the City Council approved the terms of real property acquisition under 1. 2. (4-0 vote), which included a purchase in the amount of $ 1, 350, 000; and denied the claim under Item
1. 2. (4-0 vote); no other reportable action.
1. 3 ROLL CALL Present: Mayor Dhaliwal; Vice Mayor Diallo Councilmembers: Akinjo and Torres -
O' Callaghan
Absent: Councilmember Lazard
1. 4 INVOCATION - Pastor Troy Stein, New Life Church, provided the invocation.
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 1 13 1. 5 PLEDGE OF ALLEGIANCE - Pastor Troy Stein led the pledge of allegiance.
1. 6 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Engineer Brad Taylor reported a grant award in the amount of 480, 00, from the Federal Highway Administration Safe Streets and Roads for All ( SS4A) Program, which will be used to develop a Comprehensive Roadway Safety Action Plan. A question and answer period ensued regarding various traffic related topics.
1. 7 INFORMATIONAL ITEM( S) - None
1. 8 DECLARATION OF CONFLICT( S) OF INTEREST
Vice Mayor Diallo declared a conflict of interest with Item 4. 23 and Item
4. 24, due to an agreement with the River Islands Development.
2. PRESENTATIONS
2. 1 CERTIFICATE OF RECOGNITION TO THE LATHROP SUNRISE ROTARY
FOR THEIR COMMUNITY VOLUNTEER WORK INSTALLING AMERICAN
FLAGS THROUGHOUT THE CITY OF LATHROP DURING THE HOLIDAYS Councilmember Akinjo, on behalf of the City Council, presented a Certificate of Recognition to members to the Lathrop Sunrise Rotary Club for their community volunteer work in installing American Flags throughout the city during the holidays.
2. PROCLAMATION DECLARING SEPTEMBER 2024 AS FIRST RESPONDER
APPRECIATION MONTH
Mayor Dhaliwal, on behalf of the City Council, presented proclamations to Members of the Lathrop -Manteca Fire District and the Lathrop Police Department declaring September 2024 as First Responder Appreciation Month.
2. 3 PROCLAMATION DECLARING HISPANIC HERITAGE MONTH FROM SEPTEMBER 15, 2024 - OCTOBER 15, 2024
Councilmember Torres -O' Callaghan, on behalf of the City Council, presented a proclamation declaring September 15, 2024, through October 15, 2024, as Hispanic Heritage Month.
2. 4 INTRODUCTION OF NEW EMPLOYEES
Assistant City Manager Michael King introduced new Public Works Department employees: Project Manager Zachary Karver, Project Manager Leisser Mazariego, and Electrician Instrument Technician Rodolfo Rodriguez.
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 2 14 City Employees not available for introduction: Building Inspector Alberto Navarro, and Police Officer Alejandra Maldonado. Introductions will be rescheduled to a future meeting.
2. 5 PRESENTATION REGARDING BROADBAND INFRASTRUCTURE MASTER PLAN PROJECT, CIP GG 24-4
City Manager Stephen Salvatore provided a brief project introduction.
Information Systems Director Tony Fernandes and City Consultant Will Morat, Senior Broadband Consultant with Entrust provided the presentation, which included various topics such as the project background, project goals, scope of work, assessment of assets, market analysis, conceptual network design, and project costs, amongst other matters. A question and answer period followed.
3. CITIZEN' SFORUM
Gavin Cline ( in person speaker), Legislative Representative for Congress Member John Duarte provided an overview of various legislative updates and activities for California' s 13th District. Ramandeep Singh ( in person speaker) provided information regarding Mech Finix Labs, a research institute specializing in electronics and robotics for STEM Education.
Mansoor Faze! ( in person speaker) expressed concern regarding pedestrian access to Champions Park.
4. CONSENT CALENDAR
On a motion by Mayor Dhaliwal, seconded by Councilmember Torres - O' Callaghan, the City Council approved the Consent Calendar, except Items
4. 23 and 4. 24, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Diallo, Torres -O' Callaghan and Dhaliwal Noes: None
Absent: Lazard
Abstain: None
Items 4. 23 and 4. 24 were voted on separately from the regular Consent Calendar.
4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember
4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular City Council Meeting of June 10, 2024.
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 3 15 4. 3 APPROVAL OF MINUTES
Approved Minutes for the Regular City Council Meeting of July 8, 2024.
4. APPROVAL OF MINUTES
Approved Minutes for the Regular City Council Meeting of August 12, 2024.
4. 5 APPROVAL OF MINUTES
Approved Minutes for the Special City Council Meeting of August 19, 2024.
4. 6 2024 CONFLICT OF INTEREST CODE BIENNIAL AMENDMENT
Adopted Resolution 24- 5621 adopting an Amended Conflict of Interest Code.
4. 7 APPROVE CONTRACT AMENDMENTS FOR THE CITY MANAGER, CITY
ATTORNEY & POLICE CHIEF
Adopted Resolution 24- 5622 approving Amendment Number Six to the City Manager Employment Agreement, Amendment Number Four to the City Attorney Employment Agreement, and Amendment Number One to the Police Chief Employment Agreement.
4. 8 TREASURER' S REPORT FOR JUNE 2024
Approve Quarterly Treasurer' sReport for June 2024.
4. 9 TABLE SPONSORSHIP AT THE 22ND ANNUAL MEMORIAL DINNER & FUNDRAISER TO COMMEMORATE SEPTEMBER 11, 2001
Adopted Resolution 24- 5623 ratifying participation and table sponsorship at the 22nd Annual Memorial Dinner and Fundraiser by Jass Sangha at the Lake Front Resort, commemorating September 11, 2001, held on September 8, 2024, in Tracy, California.
4. 10 APPROVE OUT OF STATE TRAVEL FOR TWO ( 2) LATHROP POLICE
DEPARTMENT STAFF TO DROP- OFF AND PICK- UP THE SWAT VEHICLE
FOR UPFITTING
Pulled by Vice Mayor Diallo. A question and answer period ensued. Police Chief Stephen Sealy provided additional information.
Adopted Resolution 24- 5624 approving out of state travel for two ( 2) Lathrop Police Department staff members to drop- off and pick- up the Lathrop Police Department' sSWAT Vehicle for upfitting in Reno, NV.
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 4 16 4. 11 RATIFY THE PURCHASE OF ( 9) NINE VEHICLES WITH PHIL LONG FORD OF DENVER, LLC., FOR THE LATHROP POLICE DEPARTMENT
Adopted Resolution 24- 5625 ratifying the purchase of nine ( 9) vehicles from Phil Long Ford of Denver, LLC. for the Lathrop Police Department.
4. 12 APPROVE EMERGENCY SERVICE CONTRACTS WITH NEXTGEN ALPHA
UPFITTING AND MANTECA COLLISION PROS FOR POLICE VEHICLE
UPFITTING AND PAINT SERVICES
1. Adopted Resolution 24- 5626 approving an Emergency
Service Contract with NextGen Alpha upfitting for the
purchase and installation of police vehicle equipment; and
2. Adopted Resolution 24- 5627 approving an Emergency
Service Contract with Manteca Collision Pros for autobody paint and decal services for police vehicles.
4. 13 APPROVE AMENDMENT NO. 5 TO PROFESSIONAL SERVICES
AGREEMENT WITH WSP USA, INC. FOR THE MANTHEY ROAD BRIDGE REPLACEMENT PROJECT, CIP PS 12- 04 AND APPROVE BUDGET
AMENDMENT
Adopted Resolution 24- 5628 approving Amendment No. 5 to the Professional Services Agreement with WSP USA, Inc. for the Manthey Road Bridge Replacement Project, CIP PS 12- 04, and approving related budget amendment.
4. 14 AUTHORIZE ACCEPTANCE OF THE SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM ( STEP) GRANT FUND AWARD FROM THE STATE OF
CALIFORNIA OFFICE OF THE TRAFFIC SAFETY ( OTS)
Pulled by Councilmember Akinjo. A question and answer period ensued.
Police Captain Tracie Shea provided additional information.
Adopted Resolution 24- 5629 authorizing the Chief of Police to accept the Selective Traffic Enforcement Program ( STEP) Grant Fund Award, in the amount of $ 81, 500 from the State of California Office of Traffic Safety ( OTS).
4. 15 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY GEORGE REED, INC. FOR THE CLASS II BIKEWAYS TO ACE STATION, CIP PS 22- 18 Adopted Resolution 24- 5630 accepting public improvements constructed by George Reed, Inc. for the Class II Bikeways to Ace Station, CIP PS 22- 18, authorizing the filing of a Notice of Completion, release of contract retention, and release of Performance and Payment Bonds.
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 5 17 4. 16 ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY DIRT DYNASTY, INC. FOR THE SIDEWALK INFILL AT " J" STREET AND 5TH STREET INTERSECTION, CIP P5 23- 09
Adopted Resolution 24- 5631 accepting public improvements constructed by Dirt Dynasty, Inc. for sidewalk infill at " J" Street and 5th Street intersection, CIP PS 23- 09, authorizing the filing of a Notice of Completion, the release of contract retention, and the release of Performance and Payment Bonds.
4. 17 AWARD CONSTRUCTION CONTRACT TO AUTOMATIC DOOR SYSTEMS ADS) INC. FOR THE LATHROP POLICE DEPARTMENT ADA
IMPROVEMENTS, CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT Adopted Resolution 24- 5632 awarding a Construction Contract to Automatic Door Systems ( ADS) Inc. for the Lathrop Police Department ADA Improvements Project, CIP GG 23- 14 and approving a budget amendment.
4. 18 AWARD CONSTRUCTION CONTRACT TO BOCKMON & WOODY, INC. FOR CONSTRUCTION OF CIP GG 23- 19 SOUTH LATHROP SURVEILLANCE
SYSTEM AND APPROVE BUDGET AMENDMENT
Adopted Resolution 24- 5633 awarding a Construction Contract to Bockmon & Woody, Inc. for construction of the South Lathrop Surveillance System Project, CIP GG 23- 19, and approving a budget amendment.
4. 19 AWARD CONSTRUCTION CONTRACT TO FRONTLINE GENERAL
ENGINEERING CONSTRUCTION, INC. FOR CONSTRUCTION OF LATHROP GATEWAY ARCHES, CIP GG 24-3 AND APPROVE BUDGET AMENDMENT Adopted Resolution 24- 5634 awarding a Construction Contract to Frontline General Engineering Construction, Inc. for construction of the Lathrop Gateway Arches Project, CIP GG 24-3, and approving a budget amendment.
4. 20 AWARD CONSTRUCTION CONTRACT TO MG & JC CONCRETE, INC. FOR
CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK
PROJECT, CIP P5 24- 07
Pulled by Councilmember Akinjo. A question and answer period ensued.
City Engineer Brad Taylor provided additional information.
Adopted Resolution 24- 5635 awarding a Construction Contract to MG JC Concrete, Inc. for the construction of the Towne Centre Drive Raised Crosswalk Project, CIP PS 24- 07.
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 6 18 4. 21 CREATE MOSSDALE LANDSCAPE REHABILITATION, CIP GG 25- 06,
APPROVE BUDGET AMENDMENT AND APPROVE CONSTRUCTION
CONTRACTS WITH MG & JC CONCRETE INC. AND JOHN D. WAIT
MASONRY, INC.
Adopted Resolution 24- 5636 creating the Mossdale Landscape Rehabilitation Project, CIP GG 25- 06, approving budget amendment and construction contracts.
4. 22 CREATE CIP PS 25- 07 FOR JONQUIL DRIVE AND POPPY COURT
PAVEMENT REHABILITATION, AWARD CONSTRUCTION CONTRACT TO
DSS COMPANY DBA KNIFE RIVER CONSTRUCTION, AND APPROVE
BUDGET AMENDMENT
Adopted Resolution 24- 5637 creating the Jonquil Drive and Poppy Court Pavement Rehabilitation Project, CIP PS 25- 07, awarding a Construction Contract to DSS Company, dba Knife River Construction, and approving budget amendment.
RIVER ISLANDS DEVELOPMENT CONSENT ITEM( S)
Vice Mayor Diallo recused herself at 8: 20 p. m., following the vote of the Consent Calendar, prior to the vote on Items 4. 23 and 4. 24, due to declared conflict of interest as noted on Item 1. 8.
On a motion by Mayor Dhaliwal, seconded by Councilmember Torres - O' Callaghan, the City Council approved Items 4. 23 and 4. 24, by the following roll call vote, unless otherwise indicated:
Ayes: Akinjo, Torres -O' Callaghan and Dhaliwal
Noes: None
Absent: Lazard
Abstain: Diallo
4. 23 APPROVE PARCEL MAP, CFD ANNEXATION, AND OFFSITE
IMPROVEMENT AGREEMENT WITH CALIFIA, LLC FOR 3 LOTS WITHIN
WEST VILLAGE DISTRICT OF RIVER ISLANDS
Adopted Resolution 24- 5638 approving Parcel Map 24- 05 within the West Village District of the River Islands Development, totaling 3 Tots, approving Annexation into Community Facilities District ( CFD) 2023- 1, and Offsite Improvement Agreement with Califia, LLC.
4. 24 APPROVE QUITCLAIM DEEDS TO TRANSFER OPEN SPACE PARCELS TO
RIVER ISLANDS PUBLIC FINANCING AUTHORITY
Pulled by Councilmember Akinjo. A question and answer period ensued.
City Engineer Brad Taylor provided additional information.
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 7 19 Adopted Resolution 24- 5639 approving Quitclaim Deeds to transfer open space parcels to River Islands Public Financing Authority.
5. SCHEDULED ITEMS
5. 1 FISCAL YEAR ( FY) 2023-4 YEAR- END BUDGET REPORT AND RELATED AMENDMENTS AND AMENDMENTS TO THE FISCAL YEAR 2024-5
BUDGET
Deputy City Manager Thomas Hedegard and Finance Director Cari James provided the presentation, which included a General Fund year- end review of the City' sbudgets for Fiscal Year 2023-024, and adjustments to the current budget for Fiscal Year 2024-025.
On a motion by Councilmember Akinjo, seconded by Councilmember Torres -O' Callaghan, the City Council discussed and adopted Resolution 24- 5640 approving the FY 2023-4 Year -End Report, Related Budget Amendments, and Amending the FY 2024-5 Budget
Ayes: Akinjo, Diallo, Torres - O' Callaghan and Dhaliwal Noes: None
Absent: Lazard
Abstain: None
6. COUNCIL COMMUNICATIONS
6. 1 MAYOR DHALIWAL REFERRAL - Update the Delegate/ Alternate to the Lathrop - Manteca Fire Department and City of Lathrop 2x2 Committee Members
Mayor Dhaliwal updated the 2024 Delegate/ Alternate assignment for the Lathrop - Manteca Fire Department 2x2 Term Expires
Vice Mayor Diallo, Delegate December 31, 2024
Councilmember Akinjo, Delegate December 31, 2024
6. 2 VICE MAYOR DIALLO REFERRAL - Discussion on Late Fees for Utility Bills, and Discounts for Veterans
Vice Mayor Diallo provided a summary of the referral, which included setting a fixed penalty rate for late utility payment to replace the current 10% penalty charge. A question and answer period ensued. Deputy City Manager Thomas Hedegard provided additional information. Council consensus accepted the referral. The item will be agendized during a future meeting.
6. 3 VICE MAYOR DIALLO REFERRAL - Discussion on the City' s Social Media Policy
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 8 20 Vice Mayor Diallo provided a summary of the referral, which included setting the use of the city' ssocial media, updates to the City' s website, and additional staffing for public outreach / communication services.
Council consensus accepted the referral. The item will be agendized during a future meeting.
6. 4 STAFF REFERRAL - Discussion to Consider Renovation of Mossdale Community Park
City Manager Stephen Salvatore provided a summary of the referral, which included the renovation of playground equipment and park facilities. Council consensus accepted the referral. The item will be agendized during a future meeting. Paul Camarena ( in person speaker) spoke in support of the referral and expressed interest in the installation of security cameras.
6. 5 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Councilmember Akinjo reported on recent legislative activities of the San Joaquin Area Flood Control Agency. Vice Mayor Diallo announced an upcoming Local Agency Formation Commission ( LAFCo) Meeting, in which the City of Lathrop is requesting approval of a Sphere of Influence Amendment to incorporate the Singh Petroleum Project.
6. MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Akinjo expressed appreciation to staff for their dedication and effort in providing sustainable projects that have allowed for the growth of the city. Councilmember Torres -O' Callaghan commented on the success of the Touch - A -Truck and Animal Center Adoption events, held on September 7, 2024. Vice Mayor Diallo thanked those in attendance and expressed appreciation to staff for the Towne Centre Drive raised crosswalk project. Vice Mayor Diallo expressed interest in an Economic Development discussion at an upcoming public meeting. Mayor Dhaliwal commented on additional traffic calming improvements in the River Islands Development, particularly within the intersections of River Islands Parkway, Oberlin Avenue, Bosch Avenue and Sidwell Drive. A question and answer period ensued. Council consensus directed staff to agendize the approval of the installation of a four- way stop within the subject area.
7. ADJOURNMENT - There being no further business, Mayor Dhaliwal adjourned the meeting at 9: 01 p. m.
resa Vargas, MMC
Government Services Director, City Clerk
September 9, 2024 Lathrop City Council Regular Meeting Minutes Page 9 21 PAGE LEFT
INTENTIONALLY
BLANK
22 ITEM 4. 3
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER
DUE TO HOLIDAY
RECOMMENDATION: Set Special Meeting Date for November 18, 2024, in Lieu of the Regular Meeting Scheduled for November
11, 2024, due to the Veteran' sDay Holiday
BACKGROUND:
Chapter II, Section A of the City Council Handbook of Rules and Procedures provides:
Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting shall be held at the same hour on the next succeeding Monday not a holiday."
Therefore, due to the November 11, 2024, Veteran' sDay holiday, the Regular City Council Meeting, also on November 11th, will be rescheduled to be held as a Special Meeting on November 18, 2024, at 7: 00 p. m. Closed Session start time may be scheduled prior to the Special Meeting. The proposed schedule is as follows:
November 11, 2024 - Cancellation of Regular City Council Meeting due to the Veteran' sDay Holiday. City Hall Closed.
November 18, 2024 - Special City Council Meeting at 7: 00 p. m. If required, Closed Session will take place prior to the open meeting.
The agenda for the Special Meeting is expected to be posted on November 13, 2024.
The Regular Meeting in December remains unchanged, and will take place at its regular scheduled time of December 9, 2024, at 7: 00 p. m.
FISCAL IMPACT:
None.
ATTACHMENTS:
None.
23 CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER DUE TO HOLIDAY APPROVALS:
eresa Vargas
Government Services Director
City Clerk
0/
Date
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
24 ITEM 4.
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: TABLE SPONSORSHIP AT THE POLICE CHIEF' S
BLACK -TIE BALL, A NIGHT AMONG HEROES
RECOMMENDATION: Approval of City Participation and Table Sponsorship at the Police Chief' sBlack -Tie Ball, A Night Among
Heroes by Manteca Police Chief' s Foundation on
November 2, 2024 in Manteca, California
BACKGROUND:
The Manteca Police Chief' s Foundation ( Foundation) hosts an annual black -tie ball to help raise funding for their at -risk youth programs. The Foundation is staffed by Manteca police officers, police department staff, and community members who volunteer their time so that 100% of all funds raised go directly to programs that benefit the at -risk youth of the community. Through mentorship, intervention, education, vocational training, artistic expression, and athletic pursuits, the Foundation' s mission is to guide the youth of the community in making positive choices, setting aspirational goals, and providing support to help them achieve those goals.
The Lathrop Police Department believes in the mission of the Foundation because helping the at -risk youth in our neighboring City benefits the Lathrop community by reducing crime and gang related activities. When the youth are engaged in positive activities, the ripple effect leads to safer streets across all communities. Additionally, these types of collaborations strengthen the regional public safety networks and reinforces shared values of mutual support and cooperation among the law enforcement agencies.
Staff reserved a table sponsorship that includes eight ( 8) dinner tickets. The cost for the table sponsorship is $ 1, 000. There are sufficient funds in the Lathrop Police Department' sadopted FY 24-5 budget to cover the cost of the table sponsorship.
Staff recommends that the City Council approve the table sponsorship at the Police Chief' s Black -Tie Ball, A Night Among Heroes by Manteca Police Chief' s Foundation on November 2, 2024 in Manteca, California.
REASON FOR RECOMMENDATION:
Helping the at -risk youth in our neighboring City benefits the Lathrop community by reducing crime and gang related activities, and the ripple effect leads to safer streets across all communities. Additionally, these types of collaborations strengthen the regional public safety networks and reinforces shared values of mutual support and cooperation among the law enforcement agencies.
25 CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
TABLE SPONSORSHIP AT THE POLICE CHIEF' SBLACK - TIE BALL, A NIGHT
AMONG HEROES
FISCAL IMPACT:
The cost to sponsor a table at the Police Chief' sBlack -Tie Ball, A Night Among Heroes event
adopted
is $
FY
1, 000.
24-5 budget
There are
to cover
sufficient
the cost
funds
of the
in
table
the Lathrop
sponsorship.
Police Department' s
ATTACHMENTS:
A. Resolution Approving City Participation and Table Sponsorship at the Police Chief' s Black -Tie Ball, A Night Among Heroes by Manteca Police Chief' s Foundation on November 2, 2024 in Manteca, California
B. Event Flyer - Police Chief' s Black Tie Ball, A Night Among Heroes 26 CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
TABLE SPONSORSHIP AT THE POLICE CHIEF' S BLACK —TIE BALL, A NIGHT
AMONG HEROES
APPROVALS:
Sealy
Chief of Police
6 7Z7V---
Date
So /• / 1ol )
Thomas Hedegard Date
Deputy City Manager
Cari Jam
Finance D lTector
Date
Salvador Navarrete Date
City Attorney
o•- r•Ze.1-
Step n J. Salvatore Date
City Manager
27 RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING CITY PARTICIPATION AND TABLE SPONSORSHIP AT THE
POLICE CHIEF' SBLACK -TIE BALL, A NIGHT AMONG HEROES BY MANTECA POLICE CHIEF' S FOUNDATION ON NOVEMBER 2, 2024 IN MANTECA,
CALIFORNIA
WHEREAS, the Manteca Police Chief' s Foundation ( Foundation) hosts an annual black -tie ball to help raise funding for their at -risk youth programs; and WHEREAS, the Foundation is staffed by Manteca police officers, police department staff, and community members who volunteer their time so that 100% of all funds raised go directly to programs that benefit the at -risk youth of the community; and
WHEREAS, through mentorship, intervention, education, vocational training, artistic expression, and athletic pursuits, the Foundation' s mission is to guide the youth of the community in making positive choices, setting aspirational goals, and providing support to help them achieve those goals; and WHEREAS, the Lathrop Police Department believes in the mission of the Foundation because helping the at -risk youth in our neighboring City benefits the Lathrop community by reducing crime and gang related activities; and WHEREAS, when the youth are engaged in positive activities, the ripple effect leads to safer streets across all communities; and
WHEREAS, these types of collaborations strengthen the regional public safety networks and reinforces shared values of mutual support and cooperation among the law enforcement agencies; and
WHEREAS, staff reserved a table sponsorship that includes eight ( 8) dinner tickets. The cost for the table sponsorship is $ 1, 000; and
WHEREAS,
adopted FY 24-5 budget
there
to
are
cover
sufficient
the cost
funds
of the
in
table
the Lathrop
sponsorship.
Police Department' s
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the City participation and table sponsorship at the Police Chief' s Black -Tie Ball, A Night Among Heroes by Manteca Police Chief' s Foundation on November 2, 2024 in Manteca, California.
28 The foregoing resolution was passed and adopted this 14th day of October 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 29 1500. 0 RESERVED TABLE, EIGHT TICKETS, RECOGNITION AT EVEN
AND TWO BOTTLES OF WINE
FOR TICKETS EMAIL SSCHLUER@MANTECA: GOV
OR CALL (209) 456- 8210
30 CITY MANAGER' S REPORT ITEM 4. 5
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ANNUAL REVIEW AND ADOPTION OF THE CITY' S
INVESTMENT POLICY
RECOMMENDATION: Adopt a Resolution Approving the Annual Investment Policy for Fiscal Year 2024/5
SUMMARY:
PFM Asset Management, LLC ( PFM), the City' s investment portfolio manager, has conducted its annual review of the City' sInvestment Policy to ensure compliance with investment regulatory agencies and the California Government Code. PFM has found that the City' s Investment Policy for Fiscal Year 2024/5is comprehensive and consistent with the City' s objectives and risk tolerances and is in compliance with the California Government Code and has no recommended changes to the policy at this time. The proposed FY 2024/5 Investment Policy is attached ( Attachment B).
Staff recommends the approval of the Investment Policy as presented by PFM to be in compliance with current investment regulations adopted by the California Government Code.
BACKGROUND:
PFM manages over $ 118 billion for public entities nationwide and has a strong history of providing professionals dedicated to actively managing and supporting the administration of fixed -income operating funds, capital funds and reserves, and bond proceeds.
PFM has actively managed the City' s investment portfolio since the initial Council approved contract in 2015. PFM is nationally recognized as one of the leading investment advisory organizations, specializing in providing services to the public sector. Some of the services PFM provides are:
Review of the City' s Investment Policy
Cash flow analysis to determine current and future liquidity needs Develop and implement investment strategy
The investment policy serves as the foundation of the City' s investment goals and priorities. An annual review assures that it continues to meet the City' s goals and priorities for its portfolio. It contributes to the protection of the assets of the City.
The approved investment policy demonstrates that the City Council is fiducially responsible, thereby; promoting trust and confidence from the public that it serves.
PFM has performed its annual review of the City' s Investment Policy along with current state laws governing investment activities of local governments. PFM has found that the City' sInvestment Policy for Fiscal Year 2024/5is comprehensive, is consistent with the City' s objectives and risk tolerances, and is in compliance with 31 CITY MANAGER' S REPORT Page 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY FOR FY 2024/5
the California Government Code and has no recommended changes to the policy at this time. The proposed FY 2024/5Investment Policy is attached ( Attachment B).
REASON FOR RECOMMENDATION:
The City' s investment policy provides the Finance Department with direction as to the investment objectives of the governing body ( in order of priority):
1. Safety - Preservation of the principal of invested funds
2. Liquidity - Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return - Attainment of a market rate of return
It also establishes standards approved by Council; concerning the prudent care of City invested funds, the ethics of the investment officer, and internal controls/ reporting procedures.
In addition, the Government Finance Officers Association' s (GFOA) Committee on Cash Management advocates the adoption of a municipal resolution that consists of; a legal list of allowable securities, a prudent investor clause and the mandatory enactment of written investment policies. An adopted investment policy, prudently followed by the investment officer, is favorably viewed by municipal credit rating agencies. The submitted resolution meets GFOA standards.
FISCAL IMPACT:
Review of the City' sInvestment Policy is a service provided within the scope of PFM' s annual contract.
ATTACHMENTS:
A. Resolution Approving the Annual Investment Policy for Fiscal Year 2024/5 B. Investment Policy for Fiscal Year 2024/5
C. Memorandum Confirming Review of the Investment Policy from PFM Asset Management, LLC.
32 CITY MANAGER' SREPORT Page 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ANNUAL REVIEW AND ADOPTION OF THE INVESTMENT POLICY FOR FY 2024/5
APPROVALS:
Cari James
Director of Fi ance
Date
9, 451, 2a- zy
9/ 2et/ Zoe 'I
Thomas Hedegard Date
Deputy City Manager
Salvador Navarrete Date
City Attorney
G, Z • Z`
Stephen J. Salvatore Date
City Manager
33 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING THE ANNUAL INVESTMENT POLICY FOR FISCAL YEAR
2024/5
WHEREAS, Government Code § 53646( a) (1) of the State of California was amended to offer the suggestion, rather than the requirement, that local agencies file an annual investment policy; and WHEREAS, the California Debt and Investment Advisory Commission highly recommends local agencies' legislative bodies adopt an annual investment policy to increase the policy' s authority and legitimacy; and WHEREAS, Staff recommends and the City Council desires to adopt the Fiscal Year 2024/5Investment Policy; and
WHEREAS, the City' s Investment Policy provides the Finance Department with direction as to the investment objectives of the governing body ( in order of priority):
1. Safety - Preservation of the principal of invested funds
2. Liquidity - Ability to liquidate one or more of the City' s investments if unexpected expenditures arise
3. Return - Attainment of a market rate of return; and
WHEREAS, the Investment Policy for the City of Lathrop for Fiscal Year 2024/5is attached to the City Manager' s Report as " Attachment B".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, does hereby approve the Investment Policy for the City of Lathrop for Fiscal Year 2024/5.
Resolution No. 24- Page 1 of 2
34 The foregoing resolution was passed and adopted this 14th day of October, 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24- Page 2 of 2
35 ATTACHMENT" "
City of Lathrop
Investment Policy
Fiscal Year 2024-5
Attachment " B"
36 City of Lathrop
Investment Policy
Table of Contents
1. 0 Policy 1
2. 0 Scope 1
3. 0 Prudence 1
4. 0 Objectives 2
5. 0 Delegation of Authority 2
6. 0 Ethics and Conflict of Interest 2
7. 0 Authorized Broker/ Dealers 3
8. 0 Authorized and Suitable Investments 3
9. 0 Competitive Transactions 6
10. 0 Selection of Depositories 6
11. 0 Safekeeping and Custody 7
12. 0 Diversification 7
13. 0 Maximum Maturities 7
14. 0 Performance Standards 7
15. 0 Reporting 8
16. 0 Investment Policy Adoption 8
Glossaries 9
Attachment " B"
37 1. 0 POLICY
The City Council of the City of Lathrop, California (the City) has adopted this Investment Policy in order to establish the investment scope, objectives, delegation of authority, standards of prudence, reporting requirements, internal controls, eligible investments and transactions, diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the funds of the City. All City funds will be invested in accordance with this Investment Policy and with applicable sections of the California Government Code.
This Investment Policy was endorsed and adopted by the City Council of the City of Lathrop on November 13, 2023. It replaces any previous investment policy or investment procedures of the City.
2. 0 SCOPE
This Investment Policy shall apply to all investment activities and financial assets of the City, as accounted for in the City' s Comprehensive Annual Financial Report and which include the following:
General Fund
Special Revenue Funds
Debt Service Funds
Capital Project Funds
Enterprise Funds
Trust and Agency Funds
The provisions of this Investment Policy do not apply to those cash assets governed by bond indentures, bond resolutions, employee' sretirement and deferred compensation funds, as those are administered separately.
3. 0 PRUDENCE
The standard of prudence to be used for managing the City' sinvestments shall be California Government Code Section 53600. 3, the prudent investor standard, which states that " when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency."
The City' s
overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that no investment is totally without risk and that the investment activities of the City are a matter of public record.
Accordingly, the City recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the overall portfolio' sreturn, provided that adequate diversification has been implemented and that the sale of a security is in the best longterm interest ofthe City.
Individuals having investment responsibilities who act in accordance with written procedures and this Investment Policy and who exercise due diligence in performing their duties shall be relieved 1-
38 ofpersonal responsibility for an individual security' scredit risk or market price changes, provided that deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
4. 0 OBJECTIVES
The City' sfunds shall be invested in accordance with all applicable City municipal codes and applicable resolutions, California statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order:
1. Preservation of capital and protection of investment principal.
2. Maintenance of sufficient liquidity to meet anticipated cash flows.
3. Attainment of a market value rate of return.
4. Diversification to avoid incurring unreasonable market risks.
5. 0 DELEGATION OF AUTHORITY
Authority to manage the City' s
investment program is derived from the City of Lathrop Municipal Code, Title 2, Chapter 2. 08, Section 2. 08.10. F.2. and from California Government Code Section 53607. In exercise of that authority, the City Council has delegated responsibility for the investment program to the Treasurer. The City Manager, who serves as Treasurer, shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The City Manager may delegate investment decision making and execution authority to the City' s
Director of Finance and to other specifically authorized officers and employees. The Director of Finance shall maintain a list of persons authorized to transact securities business for the City.
No person may engage in an investment transaction except as expressly provided under the terms of this Investment Policy.
The Director of Finance shall develop written administrative procedures and internal controls, consistent with this Investment Policy, for the operation of the City' sinvestment program. Such procedures shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees of the City.
The Director of Finance shall establish a process for annual independent review of the City' s investment program by an external auditor. This review will provide internal control by assuring compliance with policies and procedures.
The City may engage the support services of outside investment advisors in regard to its investment program, so long as it can be clearly demonstrated that these services produce a net financial advantage or necessary financial protection ofthe City' sfinancial resources.
6. 0 ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the City' sinvestment program, or that could impair their ability to make impartial decisions. Investment officials shall disclose any material interest in financial institutions that conduct business with the City. They shall further disclose any personal financial/ investment positions that could be related to the performance of the City' s investment portfolio. Employees and officers handling investment transactions shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City.
2-
39 7. 0 AUTHORIZED BROKER/ DEALERS
The Director of Finance shall maintain a list of authorized broker/ dealers approved for investment purposes, and it shall be the policy of the City to purchase securities only from those brokers and the firms they represent. Each approved broker/ dealer must possess an authorizing certificate from the California Commissioner of Corporations as required by Section 25210 of the California Corporations Code.
The firms they represent must:
1. be recognized as a Primary Dealer by the Federal Reserve Bank ofNew York or have a primary dealer within their holding company structure, or
2. report voluntarily to the Federal Reserve Bank of New York, or
3. qualify under Securities and Exchange Commission ( SEC) Rule 15c3- (Uniform Net Capital Rule).
Broker/ dealers will be selected by the Director of Finance on the basis of their expertise in public cash management and their ability to provide services for the City' s account.
Annually, each authorized broker/ dealer shall submit a City approved Broker/ Dealer Information Request form and the firm' s most recent financial statements. The Director of Finance shall maintain a list of approved broker/ dealers, along with each firm' s most recent Broker/ Dealer Information Request form.
The City may purchase commercial paper from direct issuers even though they are not on the approved broker/ dealer list as long as they meet the criteria outlined in Item 8. 6 ofthe Authorized and Suitable Investments section of this Investment Policy.
Broker/ dealers or municipal securities dealers, that have made political contributions to any member of the City Council or to any candidate for that office, in amounts exceeding the limits set forth in Rule G- 37 of the Municipal Securities Rulemaking Board, are prohibited from serving as a City approved broker/ dealer for a period of two years following such contributions.
If the City engages the support services of an outside investment advisor, the adviser is authorized to transact with its broker/ dealer relationships on behalf of the City.
8. 0 AUTHORIZED AND SUITABLE INVESTMENTS
All investments and deposits of the City shall be made in accordance with California Government Code Sections 16429., 53600-3609 and 53630-3686, except that reserve funds from the proceeds of debt issues may be invested in permitted investments specified in the indenture of the debt issue.
For purposes of compliance with this section, an investment' sterm or remaining maturity shall be measured from the settlement date to final maturity. A security purchased in accordance with this section shall not have a forward settlement date exceeding 45 days from the time of investment.
The City has further restricted authorized investments to the following:
8. 1 Government Obligations
3 -
40 As authorized in Government Code Sections 53601( a) through ( e), this category includes a wide variety of government securities. There are no portfolio limitations on the amount; however, the maturity term of these investment vehicles may not exceed five years from the date of trade settlement unless approved by the City Council. These securities include the following:
8. 1.a. United States Treasury bills, notes, bonds, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest with a final maturity not exceeding five years from the date of trade settlement.
8. 1.b. Federal Agency mortgage backed securities and debentures with a final maturity not exceeding five years from the date of trade settlement.
8. 1. c. Federal agency or United States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises with a final maturity not exceeding five years from the date oftrade settlement.
8. 2 State and Local Agency Obligations
8. 2. a. Obligations of the State ofCalifornia and any local agency within California, including bonds payable solely out of the revenues from a revenue - producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency or of the state with a final maturity not exceeding five years from the date of trade settlement, and rated in a rating
category of " A" or the equivalent or better by a Nationally Recognized Statistical Rating Organization ( NRSRO) at the time of purchase. The aggregate investment in state and local agency obligations shall not exceed 30% of the City' s
total portfolio.
8. 2. b. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue - producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California with a final maturity not exceeding five years from the date of trade settlement, and rated in a rating category of " A" or the equivalent or better by a Nationally Recognized Statistical Rating Organization ( NRSRO) at the time of purchase. The aggregate investment in state and local agency obligations shall not exceed 30% ofthe City' stotal portfolio.
8. 3 Medium -Term Notes
Medium - Term Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a final maturity not exceeding five years from the date of trade settlement, and rated in a rating category of "A" or the equivalent or better by a NRSRO at the time of purchase. No more than 10% of the City' stotal portfolio shall be invested in medium -term notes and the commercial paper of any one issuer, and the aggregate investment in medium -term notes shall not exceed 30% of the City' s total portfolio. In addition, AAA rated FDIC - guaranteed corporate bonds are herein authorized, within the aforementioned diversification and maturity requirements.
8. 4 Negotiable Certificates ofDeposit
Negotiable Certificates of Deposit with a maturity not exceeding five years from the date of trade settlement, issued by a nationally or state - chartered bank, a savings association or a federal association ( as defined by Section 5102 of the Financial Code), a state or federal credit union, or 4-
41 by a federally licensed or state -licensed branch of a foreign bank. Certificates of Deposits may be
purchased only from financial institutions that meet the criteria set forth in the section of this Investment Policy, " Selection of Depositories." Investment in negotiable Certificates of Deposit shall not exceed 30% ofthe City' stotal portfolio.
8. 5 Non- negotiable Certificates of Deposit
Non- negotiable Certificates of Deposit with a maturity not exceeding five years from the date of trade settlement, in FDIC insured state or nationally chartered banks or savings banks, subject to the limitations of California Government Code Section 53638. Amounts in excess of FDIC insurance coverage shall be secured in accordance with California Government Code Section 53652. Certificates of Deposits may be purchased only from financial institutions that meet the criteria set forth in the section of this Investment Policy, "Selection of Depositories." Investment in non- negotiable Certificates of Deposit shall not exceed 30% of the City' stotal portfolio.
8. 6 Commercial Paper
Prime Commercial Paper with a maturity not exceeding 270 days from the date oftrade settlement with the highest ranking or of the highest letter and number rating as provided for by a NRSRO.
The entity that issues the commercial paper shall meet all of the following conditions in either subparagraph A. or sub -paragraph B. below:
A. The entity shall ( 1) be organized and operating in the United States as a general corporation, (2) have total assets in excess of $500, 00,0and (3) have debt other than commercial paper, if any, that is rated in a
rating category of "A" or the
equivalent or higher by a NRSRO.
B. The entity shall ( 1) be organized within the United States as a special purpose corporation, trust, or limited liability company, (2) have program - wide credit enhancements, including, but not limited to, over collateralization, letters of credit or surety bond and ( 3) have commercial paper that is rated " A- 1" or higher, or the equivalent, by a NRSRO.
No more than 10% of the City' stotal portfolio shall be invested in the commercial paper and corporate notes of any one issuer, and the aggregate investment in commercial paper shall not exceed 25% of the City' stotal portfolio.
8. 7 Banker' sAcceptances
Eligible Banker' sAcceptances with a maturity not exceeding 180 days from the date of trade settlement, drawn on or accepted by a FDIC insured commercial bank with combined capital and surplus of at least $ 250 million, whose senior long- term debt is rated in a rating category of "A" or
the equivalent or better by a NRSRO at the time of trade settlement. No more than 30% of the City' stotal portfolio shall be invested in banker' s
acceptances of any one issuer, and the aggregate
investment in banker' s
acceptances shall not exceed 40% of the City' stotal portfolio.
8. Repurchase Agreements
Repurchase Agreements with a final termination date not exceeding 30 days collateralized by U. S.
Treasury obligations, Federal Agency securities, or Federal Instrumentality securities listed in Section 8. 1 above with the maturity of the collateral not exceeding five years. For the purpose of 5-
42 this section, the term collateral shall mean purchased securities under the terms of the City' s approved Master Repurchase Agreement. The purchased securities shall have a minimum market value including accrued interest of 102% ofthe dollar value ofthe funds borrowed. Collateral shall be held in the City' scustodian bank, as safekeeping agent, and the market value of the collateral securities shall be marked - to -the -market daily.
Repurchase Agreements shall be entered into only with broker/ dealers who are recognized as Primary Dealers with the Federal Reserve Bank of New York, or with firms that have a Primary Dealer within their holding company structure. Primary Dealers approved as Repurchase Agreement counterparties shall have a short- tem credit rating of at least A- 1 or the equivalent and a
long- term credit rating in a
rating category of "A" or the equivalent or better. Repurchase agreement counterparties shall execute a City approved Master Repurchase Agreement with the City. The Director of Finance shall maintain a copy of the City' s approved Master Repurchase Agreement along with a list of the broker/ dealers who have executed same. There are non portfolio limits for repurchase agreements.
8. 9 Money Market Funds
Money Market Funds registered under the Investment Company Act of 1940 that ( 1) are " no- load" meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant net asset value per share of $1. 00; (3) invest only in the securities and obligations authorized in the applicable California statutes and ( 4) have a
rating of AAAm or the equivalent by not less than two
NRSROs. The combined investment in money market funds and mutual funds shall not exceed 20% of the City' stotal portfolio.
8. 10 Mutual Funds
Mutual Funds registered under the Investment Company Act of 1940 which ( 1) are " no- load" meaning no commission or fee shall be charged on purchases or sales of shares); (2) invest in the securities and obligations authorized in the applicable California statutes and ( 3) have a rating of
AAAm or the equivalent by not less than two NRSROs. No more than 10% of the City' stotal portfolio may be invested in mutual funds of any one issuer, and the combined investment in mutual funds and money market funds shall not exceed 20% of the City' stotal portfolio.
8. 11 Local Agency Investment Fund
State of California' s Local Agency Investment Fund ( LAIF), pursuant to California Government Code Section 16429..
8. 12 Shares of beneficial interest issued by a
joint powers authority
Shares of beneficial interest issued by a
joint powers authority organized pursuant to Section 6509. 7 that invests in the securities and obligations authorized in California Government Code Section 53601 subdivisions ( a) to ( r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
6-
43 2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions ( a) to (q), inclusive. 3) The adviser has assets under management in excess of five hundred million dollars 500, 00,00).
8. 13 Supranational Debt
United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States.
Investments under this subdivision shall be rated in a
rating category of "AA" or the equivalent or
better by an NRSRO and shall not exceed 30% of the City' s total portfolio.
8. 14 Allowable Investment Vehicles
It is the intent of the City that the foregoing list of authorized securities and transactions is strictly interpreted. Any deviation from this list must be approved in advance by the City Council.
The City may, from time to time issue bonds, the proceeds of which must be invested to meet specific cash flow requirements. In such circumstances the reinvestment of debt issuance or related reserve funds will be governed by the bond documents and may deviate from the provisions of this Investment Policy.
9. 0 COMPETITIVE TRANSACTIONS
Each investment transaction shall be competitively transacted with authorized broker/ dealers. At least three broker/ dealers shall be contacted for each transaction and their bid and offering prices shall be recorded.
If the City is offered a security for which there is no other readily available competitive offering, then the Director ofFinance will document quotations for comparable or alternative securities.
10. 0 SELECTION OF DEPOSITORIES
To be eligible for designation to provide depository and other banking services or for an institution' s certificates of deposit to be eligible for purchase, a bank or savings bank must be a member of the Federal Deposit Insurance Corporation and shall qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630. 7-
44 11. 0 SAFEKEEPING AND CUSTODY
The Director of Finance shall select one or more banks to provide third party safekeeping and custodial services for the City, in accordance with the provisions of Section 53608 of the California Government Code. A Safekeeping Agreement approved by the City shall be executed with each custodian bank prior to utilizing that bank' s safekeeping services. Custodian banks will be selected on the basis of their ability to provide services for the City' s account and the competitive pricing of their safekeeping related services.
The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Title to all securities shall be perfected in the name of the City.
Sufficient evidence to title shall be consistent with modern investment, banking and commercial practices.
All investment securities, except Non- negotiable Certificates of Deposit, Money Market Funds, Mutual Funds, shares ofbeneficial interest issued by a
joint powers authority, and LAIF, purchased
by the City will be delivered by either book entry or physical delivery and will be held in third - party safekeeping by a City approved custodian bank, its correspondent bank or its Depository Trust Company ( DTC) participant account.
All Fed wireable book entry securities owned by the City shall be held in the Federal Reserve System in a customer account for the custodian bank which will name the City as " customer." All DTC eligible securities shall be held in the custodian bank' sDTC participant account and the custodian bank shall provide evidence that the securities are held for the City as " customer." All non -book entry ( physical delivery) securities shall be held by the custodian bank or its correspondent bank and the custodian bank shall provide evidence that the securities are held by the bank for the City as " customer."
12. 0 DIVERSIFICATION
The City will diversify its investments by security type and institution. With the exception of Government Obligations set forth in Section 8.1, Repurchase Agreements and LAIF, and notwithstanding the individual limitations set forth herein, no more than 50% of the City' s total
investment portfolio will be invested in a single security type or with a single financial institution.
13. 0 MAXIMUM MATURITIES
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. With the exception of reserve funds, the City will not invest in securities maturing more than five years from the date of trade settlement, unless the City Council has by resolution granted authority to make such an investment at least three months prior to the date of investment.
Reserve funds may be invested in securities exceeding five years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. 8-
45 14. 0 PERFORMANCE STANDARDS
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. The performance of the City' s investments shall be
compared to the average yield on the U. S. Treasury security that most closely corresponds to the portfolio' sweighted average effective maturity. When comparing the performance of the City' s portfolio, its rate of return will be computed net of all fees and expenses.
15. 0 REPORTING
The Director of Finance shall provide the City Council quarterly Investment Reports. The reports shall include the following on all invested monies:
1. Issuer name
2. Type of investment instrument
3. Purchase date
4. Maturity date
5. Weighted average maturity
6. Ending balances
7. Yield on cost
8. Weighted average yield
9. Benchmark suitable for weighted average maturity
10. Purchase Price
11. Market value
12. Percent of portfolio of each investment
13. Investments under the management of contracted parties
14. Statement of compliance with the investment policy
15. Statement of ability to meet obligations of next six months
16. 0 INVESTMENT POLICY ADOPTION
This Investment Policy shall be adopted by resolution of the City Council. The policy will be reviewed by the City Council annually, and any modifications made thereto must be approved by the City Council.
9-
46 GLOSSARY OF SELECTED TERMS
Benchmark
A passive index used to compare the performance, relative to risk and return, of an investor' s portfolio.
Cash Flow
A comparison of cash receipts ( revenues) to required payments ( debt service, operating expenses, etc.).
Credit Risk
The chance that an issuer will be unable to make scheduled payments of interest and principal on an outstanding obligation. Another concern for investors is that the market' sperception of a corporation' scredit will cause the market value of a security to fall, even if default is not expected.
Credit Rating
Various alphabetical and numerical designations used by institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness. Standard & Poor' s and Fitch Ratings use the same system, starting with their highest rating, of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody' sInvestors Service uses Aaa, Aa, A, Baa, Ba, B, Caa, Ca, C, and D. Each ofthe services use pluses (+), minuses or numerical modifiers to indicate steps within each category. The top four letter categories are considered investment grade ratings.
Duration
A measure of the timing of cash flows to be received from a security that provides the foundation for a measure of the interest rate sensitivity of a bond. Duration is an elasticity measure and represents the percentage change in price divided by the percentage change in interest rates. A high duration measure indicates that for a given level of movement in interest rates, prices of securities will vary considerably.
Fiduciary
An individual who holds something in trust for another and bears liability for its safekeeping.
Investment Oversight Committee
A committee of three to eleven members formed under Government Code Section 27131 to monitor and review a county' s
investment policy by causing an annual audit and discussing its finding at an open meeting. Although cities and other local agencies are not required to compose an investment oversight committee, the State Legislature has declared that all local agencies " should participate in reviewing the policies that guide the investment of those funds." Liquidity
The ease with which an investment may be converted to cash, either by selling it in the secondary market or by demanding its repurchase pursuant to a put or other prearranged agreement with the issuer or another party.
10 -
47 Liquidity Risk
The chance that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be as critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs.
Market Risk
The chance that the value of a security will decline as interest rates rise. In general, as interest rates fall, prices of fixed income securities rise. Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk or risk that affects all securities within an asset class similarly.
Maturity
The stated date on which all or a stated portion of the principal amount of a security becomes due and payable.
Net Present Value
An amount that equates future cash flows with their value in present terms.
Par Amount or Par Value
The principal amount of a note or bond which must be paid at maturity. Par, also referred to as the face amount" of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100 percent of its principal amount.
Pooled Investment
A market institution authorized under various sections of state law that represents the combined deposits of more than one local agency and pays returns based upon each local agency' sshare of investment in the pool.
Portfolio
The combined holdings of all investment assets held by an investor.
Principal Amount
The face amount or par amount of a bond or issue of bonds payable on stated dates of maturity.
Put
The ability of a holder of an investment security to sell at a specified time and for a specified price the security back to the issuer or prior holder.
Return
The principal plus interest on an investment or portfolio of investments. In certain unfavorable market environments or due to risk factors, income derived from principal and interest may be less than the original amount invested.
Risk
The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors.
Yield
For the purposes of this publication, return and yield are synonymous. 11 -
48 GLOSSARY OF INVESTMENT INSTRUMENTS
Asset -Backed Securities
Securities that are supported by pools of assets, such as installment loans or leases, or by pools of revolving lines of credits. Asset -backed securities are structured as trusts in order to perfect a security interest in the underlying assets.
Bank Note
A senior, unsecured, direct obligation of a bank or U. S. branch of aforeign bank.
Banker' sAcceptance
Normally, a short- tem bill of exchange that is accepted as payment by banks engaged in financing trade of physical assets or merchandise.
Bond
A debt obligation of a firm or public entity. A bond represents the agreement to repay the debt in principal and, typically, in interest on the principal.
Callable Security
An investment security that contains an option allowing the issuer to retire the security prior to its final maturity date.
Certificate of Deposit
A short- tem, secured deposit in a financial institution that usually returns principal and interest to the lender at the end of the loan period. Certificates of Deposit ( CDs) differ in terms of collateralization and marketability. Those appropriate to public agency investing include:
Negotiable Certificates of Deposit — Generally, short term debt instruments that usually pay interest and are issued by a bank, savings or federal association, state or federal credit union, or state - licensed branch of a foreign bank. The majority of negotiable CDs mature within six months while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor ( investor).
Non -Negotiable Certificates of Deposit — CDs that carry a penalty if redeemed prior to maturity. A secondary market does exist for these non- negotiable CDs, but include a transaction cost that reduces returns to the investor. Non- negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250, 00, including principal and interest. Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.
Commercial Paper
A short- tem, unsecured promissory note issued by a
large corporation.
Corporate Notes and Bonds
Debt instruments, typically unsecured, issued by corporations, with original maturities in most cases greater than one year and less than ten years.
Federal Agency and Instrumentality Obligations
12 -
49 Obligations issued by a government -sponsored entity or a federally regulated institution.
Mortgage Pass -Through Obligations
Securities that are created when residential mortgages ( or other mortgages) are pooled together and undivided interests or participations in the stream of revenues associated with the mortgages are sold.
Municipal Notes, Bonds, and Other Obligations
Obligations issued by state and local governments to finance capital and operating expenses.
Notes
Debt obligations of a firm or public entity, usually maturing in less than ten years.
Repurchase Agreements
From the perspective of a local agency, the short term, often overnight, purchase of securities with an agreement to resell the securities at an agreed upon price.
Reverse Repurchase Agreements
Differs from a
repurchase agreement in the sense that a reverse repurchase agreement is an agreement to sell securities in return for cash with an agreement to repurchase the securities at an agreed upon price.
State and Local Investment Pools
The combined deposits of state and local agencies organized and operated by a state treasurer or a local official. These pools operate much like a mutual fund, with local agencies investing money together in order to increase efficiency and reduce costs.
State Noted, Bonds, and Warrants
Obligations ofthe State of California or another state government with different maturity lengths.
Zero -Interest Bond
A bond on which interest is not payable until maturity ( or earlier redemption), but compounds periodically to accumulate to a stated maturity amount. Zero -interest bonds are typically issued at a discount and repaid at par upon maturity.
Excerptedfrom Understanding Public Investment Reporting - A Handbook For Local Elected Officials, California Debt and Investment Advisory Commission, 2003. 13 -
50 ATTACHMENT" L, "
October 2, 2024
pfml asset
management
Memorandum
To: Cari James, Finance Director
Thomas Hedegard, Deputy City Manager
City of Lathrop
From: Monique Spyke, Managing Director
Allison Kaune, Senior Analyst
PFM Asset Management LLC
Re: 2024 Investment Policy Review
We have completed our review of the City of Lathrop' s (the "City") Investment Policy (the "Policy").
This year we are recommending no changes to the Policy. The City' s Policy is well written and in compliance with applicable sections of California Government Code ( the " Code"). Furthermore, we are not aware of any upcoming changes to the Code that would impact the Investment Policy.
Please let us know if you have any questions. Thank you.
A division of U. S. Bancorp Asset Management, Inc.
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
51 PAGE LEFT
INTENTIONALLY
BLANK
52 ITEM 4. 6
CITY MANAGER' SREPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
VALIDATION OF THE 2023 FINDING OF
ADEQUATE PROGRESS IN THE MOSSDALE
TRACT AREA
Adopt Resolution Validating the 2023 Urban
Level of Flood Protection ( ULOP) Finding of
Adequate Progress in the Mossdale Tract Area,
Acting as the Land Use Agency
SUMMARY:
Senate Bill 5 ( SB5) and related companion bills created a new requirement for certain land use decisions made by cities and counties in the California Central Valley. Prior to approving discretionary land use decisions for non- residential projects, and prior to approving ministerial land use decisions ( building permits) for new residential buildings, land use agencies are required to make findings related to the provision of 200 -Year or Urban Level of Flood Protection ( ULOP).
On June 20, 2016, June 5, 2017, July 9, 2018, July 8, 2019, July 13, 2020, July 12, 2021, and February 13, 2023, City Council approved an Adequate Progressing Finding Report ( APR) toward provision of 200 -Year ULOP in Reclamation District 17 Basin hereinafter referred to as the " Mossdale Tract Area").
The 2023 APR is included as Attachment " B" for a 200 -Year Urban Level of Flood Protection in the Mossdale Tract Area by the Year 2040. Staff requests that the City Council adopt a Resolution, included as Attachment " A", validating the 2023 ULOP Finding of Adequate Progress in the Mossdale Tract Area that will allow the City of Lathrop to continue to issue discretionary permits to commercial and industrial uses, and ministerial permits for new residential homes for a limited period subject to ongoing validation of that finding.
BACKGROUND:
The California Department of Water Resources ( DWR) developed certain guidance and ULOP criteria in response to requirements outlined in the Central Valley Flood Protection Act of 2008, enacted by SB5 in 2007 and amended by subsequent legislation ( 2007 California Flood Legislation). DWR developed the ULOP criteria to assist affected cities and counties within the Sacramento -San Joaquin Valley, in making the findings related to an ULOP before approving certain land use entitlements in accordance with the 2007 California Flood Legislation.
The existing Mossdale Tract Area levees currently do not meet the updated DWR Urban Levee Design Criteria ( ULDC) standards adopted by DWR in May 2012, and the existing levees are not currently certified to provide 200 -year protection.
Accordingly, the land use agencies within the Mossdale Tract Area, in coordination with RD 17, have been jointly pursuing efforts to achieve ULOP by 2025. AB 838, signed into law on September 28, 2020, extended the ULOP deadline from 2025 to 53 CITY MANAGER' S REPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
VALIDATION OF THE 2023 FINDING OF ADEQUATE PROGRESS IN THE
MOSSDALE TRACT AREA
2028. SB 586, signed into law on April 30, 2024, extended the ULOP deadline from 2028 to 2040. According to the Project implementation schedule, ULOP will be completed by 2040.
In June 2016, Larsen Wurzel & Associates, Inc. (LWA) prepared the " RD 17 Area:
Adequate Progress Report for Urban Level of Protection" (APR). The APR served as a strategic plan describing and outlining the steps that the Local Flood Management Agency ( LFMA) and the land use agencies in the Mossdale Tract Area are taking to generate the local funding necessary to advance and ultimately implement 200 -year levee improvements in accordance with the requirements of 2007 Senate Bill 5 ( SB5).
On June 2017, July 2018, July 2019, July 2020, July 2021, and February 2023, City Council approved an APR toward provision of the 200 -Year ULOP in the Mossdale Tract Area as one of the ongoing requirements is to annually report to the Central Valley Flood Protection Board ( CVFPB) on the efforts in working toward completion of the flood protection system. This 2023 Annual Adequate Progress Report Update 2023 APR) included as Attachment " B", in combination with other documentation submitted by San Joaquin Area Flood Control Agency ( SJAFCA) as the LFMA, is intended to continue to support the requirements of Government Code Section 65007 a)( 5) that " the local flood management agency shall annually report to the CVFPB on the efforts in working toward completion of the flood protection system." As noted above, it is also intended that this report may be referenced by all of the Land Use Agencies in the Mossdale Tract Area ( specifically the Cities of Lathrop, Manteca, and Stockton, as well as San Joaquin County) in making new or validating findings related to approval of development projects that rely on the Adequate Progress Findings where such a finding is applicable.
The 2023 APR described several aspects including:
The requirements set forth by SB5 and ULOP;
The requirements of Land Use Agencies in making findings related to Adequate Progress toward ULOP, and, more specifically;
The approach the LFMA in the Mossdale Tract Area is taking with respect to compliance with the guidance provided by the California Department of Water Resource in support of the Land Use Agencies' maintenance of findings of Adequate Progress.
In addition, the 2007 California Flood Control Legislation required the LFMA to:
Report annually to the Central Valley Flood Protection Board on the status of the progress toward completion of the flood protection system, and Validate that the adequate progress finding is still effective.
The 2023 APR was prepared to satisfy the above requirements so that the City of Lathrop, as a Land Use Agency, may rely on the prior findings of Adequate Progress. 54 CITY MANAGER' S REPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
VALIDATION OF THE 2023 FINDING OF ADEQUATE PROGRESS IN THE
MOSSDALE TRACT AREA
Based as part of the implementation of SJAFCA' sadopted Climate Adaptation Policy and efforts to advance a Feasibility Study with DWR under the Urban Flood Risk Reduction ( UFRR) program, SJAFCA identified and analyzed the requisite improvements needed to meet the appropriate standard of protection when considering the uncertain impacts of climate change. SJAFCA' sefforts to address climate change resulted in the preparation of a December 12, 2019 technical memorandum by Kjeldsen Sinnock & Neudeck, Inc. (KSN) detailing the additional costs of complying with the adopted climate adaptation policy as well as the materials to support all of the requisite evidentiary requirements of ULOP including the 2022 update to the 2016 Engineer' sReport and associated IPE review/ Engineer' sresponse.
A comprehensive update of SJAFCA' s Project was prepared in 2021 to consolidate and present a single budget for to address ULDC deficiencies and address Climate Adaptation. The updated cost estimate in present day 2021 dollars, is approximately 230 million.
Previously, the Cities of Lathrop and Manteca, as well as Reclamation District 17, comprised the LFMA, and these agencies have been reporting the status of ULOP for the Mossdale Tract Area to the CVFPB. With the modification of SJAFCA' smembership in 2018, SJAFCA has taken over the role of LFMA for the Mossdale Tract Area, and this report is now being submitted to support all land use agencies within the Mossdale Tract Area.
On April 18, 2024, the SJAFCA Board of Directors adopted a resolution of intention to form an assessment district to provide the local cost share for the $ 473M levee improvement project to provide an ULOP to the Mossdale Tract Area. The SJAFCA Board officially adopted the assessment in July 2024 after it was approved by property owners.
REASON FOR RECOMMENDATION:
Approval by SJAFCA of the 2023 Annual Adequate Progress Report Update for a 200 -Year ULOP for the Mossdale Tract Area, and submission by SJAFCA of this report to the CVFPB included as Attachment " C", allows the City of Lathrop, as a Land Use Agency, to rely on the prior findings of Adequate Progress. This will then allow the City of Lathrop to continue to issue, within the Mossdale Tract Area, discretionary permits to commercial and industrial uses, and ministerial permits ( building permits) for new residential homes while the City continues to make progress toward establishing ULOP 200 -year flood protection by the year 2040.
FISCAL IMPACT:
Initially, all technical reports have been funded by the Cities of Lathrop and Manteca and our development community. Recently, these funds have been supplemented by advanced funds from Stockton, the County of San Joaquin, and the State of California via an Urban Flood Risk Reduction grant. The future cost will be provided by outside funding sources identified in the 2023 Annual Adequate Progress Report Update. 55 CITY MANAGER' S REPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
VALIDATION OF THE 2023 FINDING OF ADEQUATE PROGRESS IN THE
MOSSDALE TRACT AREA
ATTACHMENTS:
A. Resolution of the City Council of the City of Lathrop, Acting as the Land Use Agency, Validating the 2023 Urban Level of Flood Protection ( ULOP) Finding of Adequate Progress in the Mossdale Tract Area
B. 2023 Annual Adequate Progress Report Update for Urban Level of Protection Final Report, dated September 3, 2024
C. SJAFCA Letter dated, September 26, 2024 to CVFPB transmitting the 2023 Annual Adequate Progress Report Update for Urban Level of Protection 56 CITY MANAGER' SREPORT PAGE 5
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
VALIDATION OF THE 2023 FINDING OF ADEQUATE PROGRESS IN THE
MOSSDALE TRACT AREA
APPROVALS:
Brad lfylor
City Engineer
Cari Jam
Finance Di ec or
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Date
9, 60/ A): 2„4: 7z
Date
30 • zozy
Michael King Date
Assistant City Manager
zSalvador Navarrete Date
wzW
City Attorney
Stephen J. Salvatore Date
l0. 9•?- 6
City Manager
57 RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP VALIDATING THE 2023 URBAN LEVEL OF FLOOD PROTECTION ( ULOP)
FINDING OF ADEQUATE PROGRESS IN THE MOSSDALE TRACT AREA, ACTING
AS THE LAND USE AGENCY
WHEREAS, Senate Bill 5 ( SB5), and related companion bills, created a new requirement for certain land use decisions made by cities and counties in the California Central Valley; and
WHEREAS, prior to approving discretionary land use decisions for non- residential projects, and prior to approving ministerial land use decisions building permits) for new residential buildings, land use agencies are required to make findings related to the provision of 200 -year Urban Level of Flood Protection ULOP); and
WHEREAS, effective January 1, 2018, San Joaquin Area Flood Control Agency SJAFCA) has taken over the role of Local Flood Management Agency ( LFMA) for the Reclamation District 17 Basin ( hereinafter referred to as the " Mossdale Tract Area") and this report is now being submitted to support all land use agencies within the Mossdale Tract Area; and
WHEREAS, AB 838, signed into law on September 28, 2020, extended the ULOP deadline from 2025 to 2028. SB 586, signed into law on April 30, 2024, extended the ULOP deadline from 2028 to 2040. According to the Project implementation schedule, ULOP will be completed by 2040; and WHEREAS, on June 2017, July 2018, July 2019, July 2020, July 2021, and February 2023, City Council approved an Adequate Progressing Finding Report (APR) toward provision of 200 -year ULOP in the Mossdale Tract Area; and WHEREAS, based as part of the implementation of SJAFCA' sadopted Climate Adaptation Policy and efforts to advance a Feasibility Study with DWR under the Urban Flood Risk Reduction ( UFRR) program, SJAFCA identified and analyzed the requisite improvements needed to meet the appropriate standard of protection when considering the uncertain impacts of climate change. SJAFCA' s efforts to address climate change resulted in the preparation of a December 12, 2019 technical memorandum by Kjeldsen Sinnock & Neudeck, Inc. (KSN) detailing the additional costs of complying with the adopted climate adaptation policy as well as the materials to support all of the requisite evidentiary requirements of ULOP including the 2021 update to the 2016 Engineer' sReport and associated IPE review/ Engineer' sresponse; and
WHEREAS, a comprehensive update of Project was prepared in 2021 to consolidate and present a single budget for to address ULDC deficiencies and address Climate Adaptation. The updated cost estimate in present day 2021 dollars is approximately $ 230 million; and
58 WHEREAS, based on SJAFCA' sapproval of the Mossdale Tract Program: 2023 Annual Adequate Progress Report Update for Urban Level of Flood Protection dated September 3, 2024, included as Attachment B to the City Manager' s Report, and its transmittal to the Central Valley Flood Protection Board, included as Attachment C to the City Manager' s Report, staff requests that the City Council adopt a resolution validating prior findings of Adequate Progress made by the City on June 20, 2016; and
WHEREAS, on April 18, 2024, the SJAFCA Board of Directors adopted a resolution of intention to form an assessment district to provide the local cost share for the $ 473M levee improvement project to provide an ULOP to the Mossdale Tract Area. The SJAFCA Board officially adopted the assessment in July 2024 after it was approved by property owners.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop, acting as the land use agency, hereby validates and reaffirms the June 20, 2016 Finding of Adequate Progress toward providing a 200 -Year Urban Level of Flood Protection in the Mossdale Tract Area by the year 2040, based upon the 2023 Annual Adequate Progress Report Update included as Attachment B to the October 14, 2024 City Manager' sReport that accompanied this resolution; and BE IT FURTHER RESOLVED, based upon the hereby referenced and incorporated substantial evidence in the record, that the City Council of the City of Lathrop hereby validates and affirms that the Adequate Progress Finding adopted, pursuant to SB5 and its companion legislation, shall serve as the Adequate Progress Finding for the City of Lathrop' s approval of any and all discretionary permits and approvals issued pursuant to State Planning and Zoning Law, the California Subdivision Map Act, and Development Agreement Law to any commercial and industrial uses, and any and all ministerial permits ( building permits) for new residential homes for a period of 10 years' subject to ongoing validation of that finding, as applied to urban development in the Mossdale Tract Area which urban development is approved in accordance with local and State laws; and BE IT FURTHER RESOLVED, based upon the hereby referenced and incorporated substantial evidence in the record, hereby and above referenced reports and all documents comprising the record of proceedings, affected land use decisions for development in Mossdale Tract Area are expected to have 200 -year flood protection by 2040.
59 PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of October 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 60 LWA
LARSEN WURZEL
Associates, Inc.
2450 Venture Oaks Way, Suite 240
Sacramento, CA 95833
Mossda
ATTACHMENT
PUBLIC FINANCE
MANAGEMENT
RESOLVED
e Tract Proc ram:
2023 Annual
Adequate Progress
Report Update
FOR UBB N LE- /EL OF PROTECTION
Prepared for: The San Joaquin Area F
Septernoer 3, 2024
cod Contra Agency ( SJA CAI
61 www. Iarsenwurzel. com
San Joaquin Area Flood Control Agency
2023 Annual Adequate Progress Report Update
September 3, 2024
TABLE OF CONTENTS
Overview & Context 1
Land Use and LFMA Requirements for Maintaining Findings of Adequate Progress toward ULOP 2 Mossdale Tract Area Approach to ULOP 2
Adequate Progress toward ULOP 6
Critical Features of the Flood Protection System are Under Construction and Each Critical Feature is Progressing 6
RD 17 Levee Seepage Repair Project 6
SJAFCA ULOP Project 7
Summary of Scope, Schedule & Cost 7
Schedule 8
Total Program Costs 9
Applicable Geographic Area Reliant on Adequate Progress Report 11 Project Funding and Financing Approach 13
Governance Approach to Funding & Implementation 14
Project Funding and Financing Plan 15
Remaining Project Costs 15
LSRP Project 15
Sources & Uses 15
Detailed Cash Flow Analysis and Schedule of Expenses and Revenues 16 Government Code § 65007( a) ( 2) (A) Compliance 16
Evaluation of Identified Revenues 25
Mossdale Tract Overlay Assessment District 26
Enhanced Infrastructure Financing District 26
Status and Schedule for Local Funding & Financing Implementation 29
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LIST OF TABLES
Table 1: Program Cost Summary 10
Table 2: RD 17 LSRP Remaining Capital Cost Estimate & Cost Share 18 Table 3: ULDC Project Engineer' sOpinion of Probable Cost 19 Table 4: ULOP Adequate Progress Sources & Uses Statement (through 2026) 20 Table 5: ULOP Levee Program Cash Flow and Financing Analysis 21 Table 6: Government Code 65007 ( a) Analysis 23
Table 7: Expenditure Schedule for SJAFCA' s ULOP Project 24
LIST OF FIGURES
Figure 1: 200 -Year Floodplain Depths for Areas Protected by Levees 12 Figure 2: Assessment Revenue & EIFD Tax Increment Financing Approach 28
APPENDICES
Appendix A: San Joaquin Area Flood Control Agency Resolution No. 19- 06: Resolution to Adopt Policy on Adapting Design Standards for the Mossdale Tract Area of SJAFCA in Light of Climate Change February 24, 2023, Technical Memorandum prepared by Kjeldsen Sinnock Neudeck, Inc. re:
San Joaquin Area Flood Control Agency Mossdale Tract Area Urban Flood Risk Reduction Project: 2023 Cost Estimate Update
Appendix B: San Joaquin Area Flood Control Agency Resolution No. 22- 07: Resolution Directing Staff to Work with the Member Land Use Agencies to Finalize the Mossdale Tract Urban Level of Flood Protection Development Impact Fee Update and Authorizing the Executive Director to Execute an Amended Collection Agreement (excluding the final Nexus Study Update) 1 Amended Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Protection Development Impact Fee ( Partial Execution) 1 A full copy of the referenced Final Nexus Study can be found here:
https:// stockton. granicus. com/ MetaViewer. php? view id= 70& clip id= 7899& meta id= 698228
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Development Impact Fee Program Supporting Tables
Appendix C: San Joaquin Area Flood Control Agency Resolution No. 24-2: Resolution of the Board of Directors of the San Joaquin Area Flood Control Agency Approving Final Engineer' s Report, Forming the Mossdale Tract Overlay Assessment District and Ordering the Levy of Assessment beginning in Fiscal Year 2024-5
Appendix D: RD 17 LSRP Project Supporting Tables
Appendix E: Mossdale Tract Enhanced Infrastructure Financing District — Infrastructure Financing Plan Final Report dated June 2, 20222
Memorandum of Understanding between the San Joaquin Area Flood Control Agency and the Mossdale Tract Enhanced Infrastructure Financing District Public Financing Authority dated June 15, 2023
Supporting Financing Plan Tables
2 A full copy of the referenced IFP Final Report can be found here:
https:// www. siafca. org/ home/ showpublisheddocument/ 1275/ 637902252871700000
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LIST OF ABBREVIATIONS
APR Adequate Progress Repot
2016 APR RD 17: Area Adequate Progress Report for Urban Level of Protection ( June 2016) Area Mossdale Tract Area
CEQA California Environmental Quality Act
Climate Adaptation Policy SJAFCA adopted Policy on Adapting Design Standards for the Mossdale Tract Area of SAJFCA in Light of Climate Change CVFPB Central Valley Flood Protection Board
DIF Development Impact Fee
DWR California Department of Water Resource
EIFD Enhanced Infrastructure Financing District
EIP Early Implementation Program
Engineer' s Report PBI' s March 22, 2016, ULDC Evaluation of the RD 17 Levee Project Levee Improvements to meet ULDC 200 -year requirements IPE Independent Panel of Experts
JEPA Joint Exercise of Powers Agreement
JPA Joint Powers Authority
KSN Kjeldsen, Sinnock & Neudeck Inc.
Land Use Agencies San Joaquin County and the Cities of Lathrop, Manteca, and Stockton LFMA Local Flood Management Agency (previously RD 17,
Lathrop, and Manteca, now SJAFCA)
LSRP Levee Seepage Repair Project
LWA Larsen Wurzel & Associates, Inc.
Mossdale Tract Area The area serviced by Reclamation District No. 17 O&M Operations and maintenance
OAD Special Benefit Overlay Assessment District
PBI Peterson Brustad, Inc.
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Associates Inc
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San Joaquin Area Flood Control Agency
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RD 17 Reclamation District 17
RFP Request for Proposal
SBS Senate Bill 5 ( 2007)
SJAFCA San Joaquin Flood Control Agency
SJCFCWCD San Joaquin County Flood Control and Water Conservation District IFP / the Plan Infrastructure Financing Plan
UFRR Urban Flood Risk Reduction
ULDC Urban Levee Design Criteria
ULOP Urban Level of Flood Protection
USACE U. S. Army Corps of Engineers
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Overview & Context
Larsen Wurzel & Associates, Inc. (LWA) has been engaged by the San Joaquin Flood Control Agency ( SJAFCA), the Local Flood Management Agency ( LFMA) for the Mossdale Tract Area ( the Area), to prepare the Annual Adequate Progress Report Update ( Annual APR Update) toward the achievement of an Urban Level of Flood Protection ( ULOP) within the Mossdale Tract Area (Area) for calendar year 2023. In 2016 and 2017, the Cities of Lathrop and Manteca, as well as Reclamation District 17 ( RD 17) comprised the LFMA and these agencies reported the status of Adequate Progress for the Area to the Central Valley Flood Protection Board ( CVFPB).
In January 2018, SJAFCA took over the role of LFMA for the Area and assumed responsibility for Annual Reporting pursuant to Government Code § 65007 ( a)( 5). This Annual APR Update is being submitted by SJAFCA to support all land use agencies within the Area. This is the eighth Annual Report on Adequate Progress for the Area; the sixth prepared by SJAFCA.
As noted in the 2018 Annual APR Update, prior to January 2018, SJAFCA' s membership consisted of the City of Stockton, San Joaquin County, and the San Joaquin County Flood Control and Water Conservation District SJCFCWCD). Effective January 1, 2018, the Joint Exercise of Powers Agreement ( JEPA) establishing SJAFCA was amended to include the Cities of Lathrop and Manteca. This action was taken by all members of the new SJAFCA organization as part of the plan ( described further within this report') to achieve ULOP. Herein, San Joaquin County and the Cities of Lathrop, Manteca, and Stockton are jointly referred to as the Land Use Agencies.
In June 2016, LWA prepared the " RD 17 Area: Adequate Progress Report for Urban Level of Protection" 2016 APR). The 2016 APR served as a strategic plan describing and outlining the steps that the LFMA and the Land Use Agencies in the RD 17 basin ( hereinafter referred to as the Mossdale Tract Area) are taking to generate the local funding necessary to advance and ultimately implement 200 -year levee improvements in accordance with the requirements of Senate Bill 5 ( 2007) (SB5). The 2016 APR described several aspects including:
The requirements set forth by SB5 and ULOP;
The requirements of the Land Use Agencies in making findings related to Adequate Progress toward ULOP, and, more specifically;
The approach the LFMAs in the Mossdale Tract Area were taking with respect to compliance with the guidance provided by the California Department of Water Resource ( DWR) in support of the Land Use Agencies' maintenance of findings of Adequate Progress. 3 Reference the Governance Approach to Funding & Implementation section ( page 12) of this report.
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Land Use and LFMA Requirements for Maintaining Findings of Adequate Progress toward ULOP
Adequate Progress has been defined by the 2007 California Flood Legislation ( see Government Code 65007( a)) as:
The development of the scope, schedule, and cost to complete flood protection facilities; Documentation that revenues have been identified to support implementation of the flood protection facilities;
Evidence that critical features of the flood protection facilities are under construction and progressing; The city or county has not been responsible for a significant delay in the completion of the system; and
The LFMA has provided DWR and the CVFPB information to determine substantial completion of the required flood protection.
Regarding the last bullet, the LFMA must annually document:
That the total project scope, schedule, and cost of the completed flood protection system have been developed to meet the appropriate standard of protection; That 90% of the required revenue scheduled to be received by that year have been appropriated and are being expended;
Critical features of the flood protection system are under construction and each critical feature is progressing as indicated by the actual expenditures of the construction budget; and, The city or county has not been responsible for a significant delay in the completion of the system.
In addition, the 2007 California Flood Control Legislation requires the LFMA to report annually to the CVFPB on the status of progress toward completion of the flood protection system.
This 2023 Annual Adequate Progress Report Update is intended to satisfy the annual reporting requirements for 2023 by the LFMA for reference by the Land Use Agencies in the Mossdale Tract Area in their ULOP findings.
Mossdale Tract Area Approach to ULOP
The 2016 APR was prepared by the Cities of Lathrop and Manteca and RD 17 to provide information for the Cities and County located within the Mossdale Tract Area, for their reference in support of their respective ULOP findings for land use decisions within the Mossdale Tract Area. The following describes the evidentiary conclusions from the 2016 APR, based on DWR' s ULOP criteria ( collectively the ULOP EVD- 34):
A report prepared by the LFMA demonstrating Adequate Progress as defined in California Government Code Section 65007( a).
o The 2016 APR, in combination with other documentation prepared by the Land Use Agencies demonstrated adequate progress.
Reference page 2- 10 within the ULOP Criteria, November 2013.
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A report prepared by a Professional Civil Engineer registered in California to document the data and analyses for demonstrating the property, development project, or subdivision will have ULOP at the time when the flood protection system is completed.
o The LFMA requested that a team of Professional Engineers led by Peterson Brustad, Inc. (P81) in coordination with their subconsultants, Kjeldsen, Sinnock & Neudeck Inc. (KSN) and ENGEO prepare the required report. Their report, dated March 22, 2016, compiled under a Cover Memorandum titled " Urban Levee Design Criteria ( ULDC) Evaluation of the RD17 Levee" met the requirement at that time.
A report by an Independent Panel of Experts ( IPE) on the review of the report prepared by the Professional Civil Engineer.
o An 1PE consisting of Robert Pyke, Edwin Hultgren, and Thomas Plummer was engaged to review the Engineer' s Report. The panel' sreport dated May 24, 2016, titled " Independent Review of Urban Levee Design Criteria Evaluation, March 2016" fulfilled this requirement.
A response by the Professional Civil Engineer to the comments from the IPE. o P81, author of the documents reviewed by the IPE, responded in a letter addressed to Mr. Glenn Gebhardt with the City of Lathrop and Mr. Kevin Jorgensen with the City of Manteca, dated June 3, 2016. Mr. Dave Peterson, P. E. of P81 prepared the response. This letter fulfilled this requirement.
An annual report prepared by the LFMA, submitted to the CVFPB documenting the efforts in working toward completion of the flood protection system.
o The 2016 APR, in combination with other documentation prepared by the acting LFMA, supported the evidentiary requirements of Adequate Progress. The 2016 APR addressed how the flood protection system that will provide ULOP will be funded and financed. The 2016 APR described the proposed funding mechanisms, the approach and schedule for their implementation, and the projected revenues identified to support implementation of the flood protection system.
The CVFPB, on October 25, 2016, acknowledged receipt of the evidentiary documentation including the 2016 APR and indicated that the " submittal sufficiently complies with the statutory requirements of California Government Code Section 65007( a)". The CVFPB indicated that their compliance letter was valid through September 30, 2017 and that future year' s evaluations would be based upon review of annually submitted documents.
On August 10, 2017, the City of Lathrop, acting as the LFMA and on behalf of the Cities of Lathrop and Manteca, transmitted the first Annual APR Update, the 2017 Adequate Progress Report Update, dated June 13, 2017. In response to the submission of that report, CVFPB staff requested that the City of Lathrop prepare an Adequate Progress Submittal Form which was completed and submitted to CVFPB staff on Thursday November 2, 2017.
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Subsequent Annual reports have been submitted by SJAFCA, acting as the LFMA and on behalf of the Mossdale Tract Area, to the CVFPB as follows:
On June 28, 2018, SJAFCA transmitted the 2018 Annual Adequate Progress Report Update.
On June 28, 2019, SJAFCA transmitted the 2019 Annual Adequate Progress Report Update.
On June 30, 2020, SJAFCA transmitted the 2020 Annual Adequate Progress Report Update.
On June 29, 2021, SJAFCA transmitted the 2021 Annual Adequate Progress Report Update.
On January 31, 2023, SJAFCA transmitted the 2022 Annual Adequate Progress Report Update.
To address the uncertain nature of climate change and the resulting impacts to hydraulics and hydrology, in February 2019 SJAFCA adopted a Policy on Adapting Design Standards for the Mossdale Tract Area of SAJFCA in Light of Climate Change ( Climate Adaptation Policy, SJAFCA Resolution No. 19- 06, included as Appendix A).
This policy identifies seven specific elements that are to be incorporated into both the design and implementation of the Mossdale Tract 200 -year improvements to address climate change uncertainties.
Further, SJAFCA engaged a task order with PBI to update the scope and cost of the 200 -year improvements to address the adopted Climate Adaptation Policy. This effort resulted in the preparation of a detailed cost estimate prepared by Kjeldsen Sinnock & Neudeck, Inc. (KSN) addressing the costs of complying with policy.
The 2020 Annual Report Update and subsequent reports have reflected the costs of compliance with the adopted Climate Adaptation Policy as part of the financing plans presented within them. Further, an evaluation and analysis of the proposed Climate Adaptation Policy improvements determining that the improvements meet the appropriate standard of protection has been completed consistent with the evidentiary requirements of DWR' s ULOP criteria. The 2021 Annual Report Update and subsequent reports include reference to the additional evidentiary materials. Those materials include:
A report prepared by a Professional Civil Engineer registered in California to document the data and analyses for demonstrating the property, development project, or subdivision will have ULOP at the time when the flood protection system is completed.
o A team of Professional Engineers led by Peterson Brustad, Inc. (P81) in coordination with their subconsultants, Kjeldsen, Sinnock & Neudeck Inc. ( KSN) and ENGEO prepare a report dated
June 18, 2021, compiled under a Cover Memorandum titled " 2021 Climate Change Update to the Mossdale Engineer' sReport." The materials included within the report were presented to the IPE in April 2021 for their review and comment.
A report by an Independent Panel of Experts ( IPE) on the review of the report prepared by the Professional Civil Engineer.
o An IPE consisting of Robert Pyke, Robert Lokteff, and Thomas Plummer was engaged to review the 2021 Climate Change Update to the Mossdale Engineer' s Report. In response, the IPE prepared a
report dated June 1, 2021, titled " Independent Panel of Experts for RD 17200 -Year Level of Protection Project Climate Change Update."
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A response by the Professional Civil Engineer to the comments from the IPE. o P81, author of the documents reviewed by the IPE, responded in a letter addressed to Mr. Chris Elias, dated June 18, 2021. Mr. Michael Rossiter, P. E. of P81 prepared the response. This letter fulfilled the response requirement.
An annual report prepared by the LFMA, submitted to the CVFPB documenting the efforts in working toward completion of the flood protection system.
o This 2023 APR, in combination with the documentation prepared by the LFMA, supports the evidentiary requirements of Adequate Progress. This 2023 APR addresses how the flood protection system, as described within the 2016 and 2021 Climate Change Update Engineer' s reports, will provide ULOP will be funded and financed. This 2023 APR describes the proposed funding mechanisms, the approach and schedule for their implementation, and the projected revenues identified to support implementation of the flood protection system. Further, this 2023 Annual Adequate Progress Report Update is intended to continue to address the requirements of Government Code Section 65007 (a)( 5). " The local flood management agency shall annually report to the CVFPB on the efforts in working toward completion of the flood protection system."
Finally, it is intended that this report, in combination with any other required documentation pursuant to SB5 and DWR' s associated ULOP Guidance, may be referenced by the Land Use Agencies in the Mossdale Tract Area ( specifically the Cities of Lathrop, Manteca, and Stockton, as well as San Joaquin County) in making new or validating findings related to approval of development projects that rely on the Adequate Progress Findings where such a finding is applicable.
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Adequate Progress toward ULOP
The existing RD 17 levees protecting the Mossdale Tract Area do not meet the updated DWR ULDC standards adopted in May 2012, and the existing levees are not currently certified to provide 200 -year protection.
Accordingly, SJAFCA is pursuing efforts to achieve ULOP by the required deadline. The required deadline for achieving ULOP for the Mossdale Tract Area, as of the date of this report, is 2040. 5 The LFMA' s plan for flood protection through the year 2040 consists of two components: (1) RD 17' s ongoing Phase 3 Levee Seepage Repair Project ( LSRP) and ( 2) SJAFCA Levee Improvements to achieve ULDC 200 -year requirements ( the Project or SJAFCA ULOP Project).
The SJAFCA ULOP Project, as described previously in the 2016 APR, consists of a Fix -In -Place Levee Improvement Project and an extension of the existing dryland levee in Manteca. A review of the ( i) Project scope, (ii) Project schedule, and ( iii) the cost of the completed flood protection system, all as proposed in 2016, demonstrates that they were developed to meet the appropriate standard of protection based on information known at that time. As noted above, as part of the implementation of SJAFCA' s adopted Climate Adaptation Policy and efforts to advance a Feasibility Study with DWR under the Urban Flood Risk Reduction UFRR) program, SJAFCA identified and analyzed the requisite improvements needed to meet the appropriate standard of protection when considering the uncertain impacts of climate change. SJAFCA' sefforts to address climate change resulted in the preparation of materials to support all of the requisite evidentiary requirements of ULOP including the 2021 Update to the 2016 Engineer' s Report and associated IPE review/ Engineer' sresponse.
Critical Features of the Flood Protection System are Under Construction and Each Critical Feature is Progressing
RD 17 Levee Seepage Repair Project
RD 17, with funding from the issuances of multiple series of bonds secured by assessment revenues and a funding agreement with DWR, has constructed nearly all of the Phase 3 LSRP improvements. The remaining component of the Phase 3 LSRP improvements include:
1. A 400' long SB/CB jet -grout cutoff wall under the River Islands Parkway bridge ( Element VI -a.1); and,
Based on information obtained from RD 17 and estimates made by LWA given information provided, a cumulative total of approximately $ 80. 1 million of LSRP improvements ( an estimated additional $ 12. 386 million since December 2022) have been completed. The RD 17 Levee Area Public Financing Authority, a Joint Powers Authority ( JPA) set up by agencies in the Mossdale Tract Area, issued $ 20. 85 million of bonds in 2017 to both refinance a prior financing from 2009 and to generate additional net new proceeds for flood control SB 586, signed into law on April 30, 2024, extended the ULOP deadline for the Mossdale Tract to 2040.
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improvements of $6. 531 million. These funds, along with grant funding from DWR and annual assessment revenues from RD 17, have been utilized to continue to advance the LSRP toward completion.
Any remaining components not completed by RD 17 will be completed as part of SJAFCA' s ULOP Project to ensure the levee system meets the requirements of ULOP.
SJAFCA ULOP Project
In June 2016, the City of Lathrop secured 50% funding for $ 10 million of work ( total of $ 5. 0 million of grant funding) from DWR under the UFRR Program and executed a funding agreement with DWR to fund a feasibility
analysis of a focused array of alternatives which address State estimates of climate change through 2040. In January of 2019, the grant funding agreement transitioned to SJAFCA. The Mossdale Tract Area Urban Flood Risk Reduction Study ( UFRR Study) was completed in September 2021. The UFRR Study cost approximately
1. 83 million. The early engineering evaluations and ULDC deficiency analyses cost approximately $ 2. 83 million. DWR provided cost sharing for both the early work and the UFRR Study, approximately $ 2. 3 million.
The remaining funds from DWR, approximately, $ 2. 0 million have been used to advance environmental review California Environmental Quality Act [ CEQA] Analysis) and preliminary design of the initial phase of the preferred alternative.
In September 2022, SJAFCA executed a Feasibility Study Cost Share Agreement ( FCSA) with the USACE to evaluate the Federal Interest in an array of alternatives to provide enhanced flood protection to the Lathrop and Manteca Area. This study will result in the preparation of the Lower San Joaquin River Lathrop and Manteca Feasibility Study, CA. While Federal interest in the Mossdale Program is being evaluated, SJAFCA has continued to advance the design and permitting of certain common features of the UFRR feasibility study preferred alternatives that overlap with the features of the ULOP Project.
By May of 2023, SJAFCA had fully expended the approximately $ 2. 0 million of remaining UFRR funding available for CEQA Analysis and preliminary design effort. SJAFCA is now advancing preliminary design and CEQA independently utilizing local funds. In addition to the $ 5. 0 Million of State funding made available from the State to prepare the UFRR Feasibility Study and advance Preliminary Design and CEQA, the State has committed an additional $ 75 million of funding which will be provided to SJAFCA through an amendment to the UFRR funding agreement. This funding will advance implementation of improvements ahead of Federal authorization of the Project. This funding, coupled with local funding from SJAFCA, will ultimately finalize the design of the improvements and advance construction of the Dryland Levee improvements.
Summary of Scope, Schedule & Cost
The 2016 Engineer' sReport and 2021 Update identify two projects. These projects are listed below and, when fully implemented, will meet the objective of 200 -year ULOP for the Mossdale Tract Area. These projects include:
1. RD 17 LSRP is being implemented in three phases:
a. Phase 1 ( Completed 2008- 09)
b. Phase 2 ( Completed 2009- 11)
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c. Phase 3 ( Construction Commenced 2016 - Completion scheduled end of 2024)
2. SJAFCA ULOP Project6 is being pursued as Phase 4 and includes the following outlined steps:
a. ULDC engineering analysis and identification of deficiencies ( completed March 22, 2016) b. Additional Climate Change related analyses and update to the ULDC engineering analysis to consider SJAFCA' sAdopted Climate Adaptation Policy ( completed June 18, 2022) c. Design and environmental evaluation of levee improvements to cure ULDC deficiencies Commenced July 2022, Administrative Draft EIR completed in January 2023. A Final EIR to be completed in mid -2025.)
d. Implement levee improvements to cure ULDC deficiencies. i. Early advancement of improvements through a State/ Local Urban Flood Risk Reduction Program Project
ii. USACE Implementation of a
federally authorized Lower San Joaquin River Lathrop and Manteca, CA Project
Schedule
On September 28, 2020, the Governor signed into law AB 838 which modified the year in which ULOP must be in place for the Mossdale Tract. Further, on April 30, 2024, the Governor signed into law SB 586 which again modified the timeline requirement for ULOP for the Mossdale Tract. Current effective law extends the deadline to 2040. The following schedule of milestones provides the LFMA' s updated current plan to implement the levee improvements by 2040. The updated plan reflects a combined Local/ State and USACE implementation plan where SJAFCA, with funding support from the State constructs a portion of the project, and the USACE constructs the balance. The Project Funding and Financing Approach outlines key milestones for implementation of the various funding mechanisms identified to support the revenue and financing requirements for the Project implementation.
Activity Completion
Phase 3: RD 17 LSRP 12/ 31/ 2023
Phase 4: SJAFCA Project
State/ Local Implementation
Environmental Documentation 6/ 30/ 225
Right of Way Acquisition' 12/ 31/ 2026
Engineering Design' 12/ 31/ 2026
Construction 10/ 31/ 2029
Permitting & Compliance9 12/ 31/ 2027
6 Throughout this report the Phase 4 Project was formerly known as the " Fix -In -Place" Project with the inclusion the extension of the dryland levee in Manteca.
Completion is reflective of possession of the necessary rights to complete the improvements, not necessarily compensation. 8 It is expected that the project would be phased and the first package of engineering plans and specific would be completed in time to commence construction in 2026.
9 Reflects required permitting and ongoing mitigation and monitoring requirements.
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September 3, 2024
Activity Completion
USACE Implementation
Environmental Documentation 12/ 31/ 2028
Right of Way Acquisition' 6/ 30/ 230
Engineering Design 6/ 30/ 232
Construction 10/ 31/ 2034
Permitting & Compliance9 12/ 31/ 2034
Total Program Costs
Since the 2016 APR, updated cost estimates consolidating all components of the project into a single estimate have been prepared. Table 1 summarizes the total costs for the LSRP and SJAFCA Projects. The total design, permitting, and construction project costs of the LSRP in actual dollars to complete construction is estimated to be $ 80. 96 million. An updated cost estimate of SJAFCA' sProject has been prepared to reflect a single budget addressing ULDC deficiencies and SJAFCA' sClimate Adaptation policy through a combination of locally led and USACE led improvements. The cost estimate for the flood risk management components of the project was updated in early 2023 to reflect design updates to the project based upon the completion of UFRR Study and subsequent 35% preliminary design. More specifically, the cost estimate prepared in 2023 has been refined to reflect expected increased costs of mitigation as well as the requirements to incorporate multi - benefit eco- system restoration requirements needed to secure State cost sharing. The updated cost estimate, in 2023 dollars, is approximately $ 337. million.'°
1° Reference Appendix A - February 24, 2023, Technical Memorandum prepared by Kjeldsen Sinnock Neudeck, Inc. re: San Joaquin Area Flood Control Agency Mossdale Tract Area Urban Flood Risk Reduction Project: 2023 Cost Estimate Update.
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Mossdale Tract: 2023 Financing Plan
Program Cost Summary
Project Phase
Actual Costs to
Complete
Updated Project
Costs Including
Climate Adaptation &
Eco- System
Restoration ( 2023$)
LSRP Phase 1 $ 2, 795,61
LSRP Phase 2 (including Parks) $ 13, 068, 589
LSRP Phase 3 $ 65, 095, 249
SJAFCA ULOP Project 337,03, 900
Total Cost 80, 959, 600 $ 337,03, 900
Source: Kjeldsen Sinnock & Neudeck and Larsen Wurzel & Associates, inc.
Prepared by LWA
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2023 Annual Adequate Progress Report Update
September 3, 2024
Applicable Geographic Area Reliant on Adequate Progress Report As noted in the 2016 APR and in the Annual Updates, the Adequate Progress Report applies to development afforded ULOP within the Mossdale Tract Area once the Project is complete. Figure 1 shows the results of PBI' s hydraulics analysis included as part of the Engineer' s Report.' 1 The overall area removed from the floodplain as a result of completion of the LSRP and SJAFCA Project is shown as the combined red and blue areas in Figure 1. More specifically, the area with greater than three- footflood depths that would be subject to SB5 development restrictions without the completion of the LSRP and SJAFCA Project is shown in red. is This figure has been updated to reflect updated hydraulics associated with climate change. Future versions of this annual report will reflect the increased area to the East as a result of climate change.
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Associates Inc
11 77 1801014 Mossdale APR 2023 Update 2024 0903. docx
PETERSON .
GilIE[ RNG. GONSULTING
BRUBTAo . INC 11,
1160 Iron Point RO., Suite 260 Phone. ( 916) 608- 2212
Fo6om, CA 95630 Fax ( 916) 608- 2232
i,1r,_, c1- 110
0 1
Miles
1 inch = 1 tulle
MAY 6, 2016
Flood Depth
0-3ft
3ft
Limits of Floodplain Modeling
i2] City Spheres of Influence
Stream Centerline
Levee Breach Location
RD 17 Levee
Other Levee/ Embankment
RD 17 Dryland Levee
RD 17 AREA LOCAL FLOOD MANAGEMENT AGENCY
200 -YEAR FLOODPLAIN DEPTHS FOR
AREAS PROTECTED BY RD -17 LEVEES
FIGURE
1 78
San Joaquin Area Flood Control Agency
2023 Annual Adequate Progress Report Update
September 3, 2024
Project Funding and Financing Approach
In accordance with SB5, the 2016 APR provided documentation that revenues were identified to support implementation of the flood protection facilities. The following discussion restates and, where applicable, updates the revenue sources identified for the projects.
RD 17 began advancing the LSRP in 2008 with the formation of the RD 17 assessment and funding from the DWR' sEarly Implementation Projects ( EIP) and Urban Flood Risk Reduction ( UFRR) Programs. These revenues sources were utilized to complete the LSRP.
To fund SJAFCA' s ULOP Project, the LFMA has identified the following local sources for the design, environmental review, permitting, and construction of ULOP improvements:
SJAFCA 200 -Year Development Impact Fee
o A Regional SJAFCA 200 -Year Development Impact Fee ( Regional DIF) paid by property owners developing within the 200 -year floodplain was adopted by SJAFCA in November 2018.
Property already entitled and planned for development within the basin that benefits from the Project that has (or will in the future) advanced funds can apply that prior funding as credit towards the Project' sfee obligation via a fee crediting arrangement. In March 2018, SJAFCA Adopted Resolution 19-5 formalizing a crediting program ( Appendix B).
A new Special Benefit Assessment District — the Mossdale Tract Overlay Assessment District o In July 2024, SJAFCA adopted a Resolution of Formation forming the Mossdale Tract Overlay Assessment District ( OAD) (Appendix C). The OAD will commence levying assessment on properties ( parcels) directly receiving flood damage reduction benefit from the construction and long- term O&M of the Project in Fiscal Year 2024/5.
An Enhanced Infrastructure Financing District
o An Enhanced Infrastructure Financing District ( EIFD) captures a portion of the growth in general property taxes and dedicates the revenue toward the construction of the Project. In May 2019, SJAFCA commenced the formation effort of an EIFD in May 2019 and in July 2022 the Mossdale Tract Enhanced Infrastructure Financing District Public Financing Authority PFA) approved the formation of the Mossdale Tract Enhanced Infrastructure Financing District. With EIFD' sformation in July 2022, it started generating tax increment revenues in in FY 2022/023. In May 2023, SJAFCA and the PFA formalized the process for transferring funds generated by the EIFD to SJAFCA for the Project through the execution of a Memorandum of Understanding ( Appendix E).
The above local funding sources, including bond proceeds secured by annual OAD revenues, will be utilized by SJAFCA to match State Grant revenues and fund SJAFCA' sshare of the local sponsor obligations of a future USACE Project.
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Associates Inc
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September 3, 2024
Governance Approach to Funding & Implementation
Prior to 2016, to facilitate the funding and implementation of the Project, the Cities of Lathrop and Manteca commissioned a governance evaluation. The 2016 APR outlined the governance structure that existed at the time in the Mossdale Tract Area for implementing the LSRP and outlined the entities that would be needed to support the implementation of the Phase 4 Project. The governance evaluation was completed in late 2017 and ultimately resulted in the reorganization of SJAFCA. SJAFCA is now the LFMA and Funding Entity, for the Mossdale Tract Area. SJAFCA now fulfills several distinct governance structures that were previously identified and evaluated to support the implementation, funding, and financing of the Project.
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September 3, 2024
Project Funding and Financing Plan
In accordance with Government Code § 65007( a), this portion of the 2023 Annual APR Update provides documentation that revenues have been identified to support implementation of the flood protection facilities and further, that sufficient revenues to fund each year of the project schedule have been identified.
The 2016 APR presented a Funding and Financing Plan that has been refined and updated based on the actual progression of the Project' simplementation and additional information obtained subsequent to that report.
Further this section addresses the requirement to demonstrate that in any given year, and consistent with that schedule of identified revenues, at least 90 percent of the revenues scheduled to be received by that year have been appropriated and are currently being expended.
Remaining Project Costs
LSRP Project
This document has been updated since the preparation of the 2016 APR to reflect progress since May 2016 based on the completion of the RD 17' s LRSP. Table 2 has been updated to show the remaining costs of the RD 17 project. It is estimated that there is approximately $ 895, 000 of remaining project costs related to the remaining components of the LSRP as of August 2024.
Phase 4 Project Costs
Table 3 presents the Opinion of Probable Costs prepared by KSN for the Phase 4 Project as of February 2023 which are reflective of the Climate Adaptation update, the completed UFRR Study, and progress made on advancing the preliminary design of the project to a 35% design level. The cost estimates for the flood risk management components of the project were prepared by KSN and updated / augmented by LWA to incorporate the ecosystem and multibenefit improvements and other required non -flood risk management components identified in the UFRR Study required to secured State cost sharing. The costs presented in Table 3 are presented in 2023$' s.
Sources & Uses
An updated financing plan for the implementation of the required levee improvements has been prepared.
Table 4 presents a sources and uses statement based on the updated financing plan and a cash flow model reflective of the progress of the work over the past year and projected completion of the Project by 2040.
Additionally, Table 4 shows the identified revenues that provide the basis for the financing plan. The financing plan is governed by the following assumptions:
The RD 17 Mossdale Tract Assessment and the associated bond issuances in combination with committed State funding from DWR' s EIP / UFRR program will continue to fund seepage remediation work until full completion which is now scheduled for the end of 2024. This financing plan has been updated to reflect the change in the State cost sharing memorialized through a funding agreement amendment between DWR and RD 17. The State cost sharing split for the LSRP Project is now 60%/ 40% State versus Local Funding.
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September 3, 2024
The following SJAFCA established funding mechanisms provide sufficient funding to match State Grant revenues to both implement the State/ Local Urban Flood Risk Reduction Project then cost share in an authorized Lower San Joaquin Ricer Lathrop and Manteca, CA Project:
o A Regional DIF program collecting revenues in 2018 and updated in 2022. 1 o The Mossdale Tract OAD established in July 2024 collecting annual revenues starting in FY 2024/025.
o The Mossdale Tract EIFD, covering the properties directly benefiting from the project, with a base of FY 2021/022, receiving allocated property tax revenues in FY 2022/023. o A bond authorization and issuance secured by Mossdale Tract OAD revenues in FY 2026/7 with proceeds used to fund construction costs of the State / Local Urban Flood Risk Reduction Project.
Congress authorizes the Lathrop and Manteca Project in 2028, SJAFCA, the Central Valley Flood Protection Board and the USACE enter into a Project Partnership Agreement whereby USACE constructs the remaining improvements needed after SJAFCA' s Urban Flood Risk Reduction project.
The Federal Share of costs of SJAFCA' s Urban Flood Risk Reduction project implemented by SJAFCA are creditable toward SJAFCA and the State' sshare of the remaining Lathrop and Manteca Project improvements constructed by the USACE.
Detailed Cash Flow Analysis and Schedule of Expenses and Revenues To support the Adequate Progress Findings, as described in the 2016 APR, the LFMA must document that 90% of the required revenue scheduled to be received have been appropriated and are being expended. Table 5 presents an updated detailed cash flow analysis showing how the planned expenditures are funded over time.
This schedule is intended to be used by the LFMA to report annually to the CVFPB on the progress of the flood protection system. Table 5 is supported by a series of tables ( reflected in various appendices) that provide details regarding the expenditure and revenues schedule for the LSRP and SJAFCA' s Phase 4 Project.
Government Code § 65007( a) ( 2)(A) Compliance
It is important to note that because ULOP for the Mossdale Tract Area is being implemented in multiple stages, by multiple agencies, the financing plan identified for ULOP takes into consideration multiple funding sources.
This approach was outlined in the 2016 APR and continues here. The following discussion breaks the funding sources apart by project and discusses compliance with Government Code § 65007( a).
Within the 2020 Annual APR Update, the analysis associated with Government Code § 65007( a)( 2)( A) was updated. As noted above, Table 5 presents the updated schedule of revenue and expense projections to demonstrate progress of the project as it relates to the requirements of Government Code § 65007( a)( 2)( A).
Because of permitting and funding delays related to the LSRP, the estimates, including the overall costs and timing of expenses, as well as the schedule of revenues, have been updated relative to the 2022 Annual APR Update.
12 This action has been completed.
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2023 Annual Adequate Progress Report Update
September 3, 2024
Consistent with Government Code § 65007( a)( 2)( A), all of the revenues for the LSRP have been identified.
These revenues included 1) State Funding from the EIP/ UFRR Program and 2) RD 17 Mossdale Tract Assessment Revenues and Bond Proceeds. Further, consistent with the revised schedule, 90% of the revenues that are scheduled to be received by this year have either been appropriated by a granting agency ( in this case the State) or have been set aside by RD 17 ( reference Table 6). State funding for the RD 17 Project was included within prior State Budget Appropriations and the entirety of RD 17' s grant agreement has been appropriated. As it relates to the local share of the funding, while RD 17 is not required to adopt an appropriated budget by law, 13they have set aside the funds for the Project and entered into contracts and/ or are required by law based on the source of the revenues to expend those funds for the specific purpose of implementing the LSRP ( this is consistent with the intent of a budgetary appropriation). More specifically, those contracts include the EIP Funding Agreement that RD 17 has entered into with DWR as well as the Indenture of Trust Agreements between the District and its Bond Trustee. Finally, as a matter of law, RD 17' s Assessment Revenues must be utilized consistent with its Assessment Engineer' sReport and annual resolution approving the levy of the assessment.
Finally, the last requirement of Government Code § 65007( a)( 2)( A) is that the revenues scheduled to be received by that year are currently being expended. As noted previously, RD 17 has expended an additional approximately $ 12. 386 million on the LSRP since 2022. RD 17 is currently working to construct the remaining improvements which are expected to be completed by December 2024 at a remaining cost of approximately 890, 00.
For the SJAFCA ULOP Project, funding for SJAFCA' sshare of expenses is to come from a combination of State Funding and Local Funding. 100% of the State funding sources for the Urban Flood Risk Reduction Project have been identified and all funding that has been scheduled to be received has been appropriated by the State. Further, 100% of the revenues scheduled to be received have been expended. The remaining local funding for the program has been identified and there are no requirements of appropriations from local sources. Table 6 shows the cumulative scheduled revenues through 2023, provides an explanation of the authority for the revenues and the associated compliance check with Government Code § 65007( a)( 2)( A).
Table 7 provides the assumed expenditure schedule for the Phase 4 Project. It is expected that these tables will continue to be refined over time as the planning and development of the Projects progresses. 13 Reference Reclamation District No. 17 Financial Statements and Independent Auditor' sReport, June 30, 2017, Note A — Summary of Significant Accounting Policies ( Page 13) — "Budgetary accounting: The District does not adopt an appropriated budget and is not required to adopt such a budget by law. However, the District does adopt a non - appropriated budget annually, which is approved by the Board of Trustees."
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83 Table 2
Mossdale Tract: 2023 Financing Plan
RD 17 LSRP Remaining Capital Cost Estimate & Cost Share Item Remaining Costs [ 1] Local 40% [ 2] State 60% [ 2] LSRP - Project Remaining Costs
Phase 1 ROW Remaining Costs 0 0 0
Phase 2 Remaining Costs 5, 000 2, 000 3, 000
Phase 3 Remaining Costs 890, 452 356, 181 534, 271
Total Remaining Cost $ 895, 42 $ 358, 11 $ 537, 21
Remaining Costs as of APR (December 2022) $ 5, 310, 000 Reduction in Remaining Costs [ 3] $ 12, 385, 655
of December 2023 Remaining Project Complete 233%
Source: Kjeldsen Sinnock & Neudeck ( Updated by LWA)
1] Estimated remaining Costs as of December 2022.
2] Amounts are approximate and net of retention withheld by the State on prior incurred Cost by RD 17. 3] Reduction is reflective of work completed inclusive of the change in costs to complete the project. As of December 2022, the total costs to complete were $72, 988, 499. As of the date of this report, the total costs to complete are $ 80, 959, 600, a difference of $ 7, 971, 108.
Prepared by LWA 18
1801000 Mossdale Tract Financing Plan 2024 0827. xlsx
84 Table 3
Mossdale Tract: 2023 Financing Plan
ULDC Project Engineer' sOpinion of Probable Cost
Base Project
Item Total Costs ( 2023$)
Soft Costs
Admin / Planning 9, 803, 000
Environmental / Permitting 6, 126, 600
Surveying / Engineering 14, 703, 600
Construction Management 14, 703, 100
Mitigation 18, 382, 000
Subtotal: Soft Costs 63, 718, 300
Construction 122, 50, 400
Right -of -Way Acquisition 76, 213, 000
Contingency 38, 435, 300
Subtotal ULOP Project Costs 300, 887, 000
Multibenefit Improvements 36, 416, 900
Total Cost $ 337,03, 900
Source: Kjeldsen Sinnock & Neudeck February 24, 2023 Technical Memorandum re: San Joaquin Area Flood Control Agency Mossdale Tract Area Urban Flood Risk Reduction Project: 2023 Cost Estimate Update and Larsen Wurzel & Associates, Inc.
Prepared by LWA
19 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 85 Table 4
Mossdale Tract: 2023 Financing Plan
ULOP Adequate Progress Sources & Uses Statement (through 2035) Item Total
2010 to 2035
Notes
Project Uses
LSRP Expenditures
LSRP - Phase I
LSRP - Phase 11 ( including Parks)
LSRP - Phase I I I [ 2]
Subtotal: LSRP Expenditures
ULOP Program Planning & Implementation
Pre -Project Expenditures ( PBI/ LWA/ ETC)
Funding Program Implementation Costs
Feasibility Study & Planning Efforts
Subtotal: ULOP Program Planning & Implementation
2, 665, 761
10, 405, 033
67, 888, 905
80, 959, 700
3, 229, 308
5, 165,58
3, 222, 928
11, 617, 394
SJAFCA Total Protect Expenditures
Soft Costs $ 90, 592, 914
Construction Costs $ 184, 009,13
Right -of -Way $ 120, 862, 516
Contingency $ 56, 627, 076
Multi -Benefit Improvements $ 45, 055, 415
Subtotal: SJAFCA Total Project Expenditures $ 497, 146, 936 less) USACE Implemented Improvements ($ 264, 166, 251) [1] Total Project Uses $ 325, 57, 779
Project Sources
State Funding for LSRP ( EIP Program)
State UFRR Funding ( Preliminary Design Only)
State Funding ( BCP - 0000743)
State Funding ( Future Share of NFS)
Subtotal Non -Local Funding
Local Funding Sources
LSRP Funding
LSRP - RD 17 Mossdale Tract Assessments ( Net Revenues) LSRP - RD 17 Mossdale Tract (Bond Revenues)
LSRP - RD 17 Mossdale Tract ( Debt Service)
SJAFCA Project Funding
Developer Advances / City Funding
SJAFCA Overlay Assessment - ULDC
Development Fee Program
EIFD Revenues net of Refunding
Future Mossdale Tract OAD Financing ( Bond Proceeds)
Future Mossdale Tract OAD Financing ( Debt Service Carry) Subtotal Local Funding
Total Project Sources
39, 585,78 [ 2]
3, 833, 330 [ 3]
75, 000,00
25, 327, 047
143, 745, 956
23, 449, 180 [ 4]
35, 603,85 [ 5]
17, 678, 744) [6]
3, 559, 691 [ 7]
25, 978, 182 [ 8]
67,88, 118 [ 9]
34, 986, 058 [ 10]
27, 174, 000 [ 11]
17, 658, 960) [12]
183,01, 211
326, 847, 166
Total Project Sources Tess Uses $ 1, 289, 388
Source: LWA
1) Portion of estimated project costs expected to be constructed by the USAGE. 2] Assumed State Share of Funding for RD 17 LSRP
3] Balance of UFRR Study Funding Agreement for Pre Design and Environmental Review. 4) Assumed share of RD 17 Assessment Revenues that are used to fund Project Costs and Debt Service for the LSRP during the time frame of the Analysis 5] Bond Proceeds assumed to be availble to fund Project Costs as calculated per the Cash Flow Analysis ( Table 5) 6] Debt service for RD 17 PFA Financing during period of analysis. 7] Funding advanced by Cities and Developers from 2010 to 2016 for ULDC Analysis & Implementation of the Funding Program. 8] New overlay assessment revenues during period of implementation. 9] Development Impact fee revenues collected during period of implementation. 10) EIFD revenues collected during period of implementation net of any fee revenues allocated back to Participating Entities during the project' simplementation. 11] Assumed financing secured by OAD Revenues.
12] Debt service for OAD Financing during period of analysis.
Prepared by LWA
20 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 86 Moss.. Tram , 023 , 1411
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4.99, 039 5. 36,15 2, 611.64 016, 610 1, 52. 919 1, 956. 190 074311 1.4, 734 754, 260 1. 652. 015 11) 08, 991 3, 265, 34. 0 16. 944, 006 5, 901,04 664, 79 p32, w61 1143 x381 3 615131 3316 39, 4 4, 830 137 1,60, 330 1, 711, 570 261,63 1111, 6361 2, 651, 04. 6,5 , 616 8, 051, 623 16, 666, 1111 14,30, 71 1', 485,641 101 101 161 lol 101 130 101 28, 117, 445 /
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Prepared by LINA Page 1 of 2 180x000 Moss,. Tract Ferenc, Plan 2024 0822. 8 87 11./.. v.n rave Cre, 211 2010 1011 2012 1913 iota 2913 2016 2017 3013 1019 2919 01111 1012 1012 2024 2025 2026 2027 2029 2029 1039 2011 1032 2033 1034 1032 119379 1, 069154 1350, 469 9, 0429611 10, 294 7n 20, 616, 403 12,91,2 17, 906, 029 x3, 036, 655 1363276 8, 374, 430 ( 10.56,91 16, 2435151 970, 495 6550, 301 30563, 537 36, 071, 359 22129121 319. 211, 1•1112. 3 2.994/ 1. twes
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Prepared by LWA 22 Page 1 of 2 1801000 Moss., Tract r,ar o,' Plan 2020 OS, xis 88 Table 6
Mossdale Tract: 2023 Financing Plan
Government Code 65007 (a) Analysis
Item
Total Revenues Scheduled to be
Appropriated by December 2023
for each Identified Revenue
Per 2023 APR
Appropriation
Applicable
Y, Nor N/ A)
Note
9 y- Details
65007 ( a) Check
Appropriated if
Required
Project Revenues - LSRP
State Funding for LSRP ( EIP Program)
Local Funding Sources
15111, - RD 17 Mossdale Tract Assessments ( Net Revenues) LSRP - RD 17 Mossdale Tract ( Bond Revenues/ Cash Balance) LSRP - RD 17 Mossdale Tract ( Debt Service)
Project Revenues • SJAFCA Project
38, 920, 786
23, 449, 180
26, 641, 981
1$ 8, 547, 160)
State UFRR Funding ( PED Only) $ 3, 833, 330
State UFRR Funding ( Implementation)
State Funding ( Future Share of NFS)
SJAFCA Overlay Assessment
Lathrop/ Manteca/ Developer Advance Funding
Development Fee Program
EIFD Revenues
Member Agency Advance Funding
Future EIFD / Assessment Overlay Financing ( Bond Proceeds) Future EIFD / Assessment Overlay Financing ( Debt Service Carry) o
0 0
3, 559, 691
14, 645, 570
925, 309
0 0
0 N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
Part of ProplE Allocation 5096. 821
Project 3860- P1E- 203.
Annual RD 17 Budget
Annual RD 17 Budget
Annual RD 17 Budget
Part of Prop 1E Allocation 5096. 821,
Agreement No. 4600011771
FY 2023/4 State Budget - General
Fund ( Approved Budget Change
Proposal 3860- 031- COBCP- 02023- 5B -
Capital Outlay ID 0000743)
Future Source
SJAFCA Resolution 24-2, SJAFCA
Annual Budget
Agreement / City Council Actions
City Council Actions ( Fee Programs) /
SJAFCA Collection Agreement
EIFD PFA / SJAFCA - PFA MOU,
SJAFCA Annual Budget
Future Source
Future Source
Future Source
N/ A ( 1)
N/ A [ 2]
N/ A ( 3]
N/ A
100% [ 4]
100%
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
N/ A
5]
6]
71 Source'. LWA, Reclamation District No 17, EMMA, the City of Lathrop. 111 Based on information provided from RD 17 See Table D5 for RD 17 Annual Budgets / Financial Statement Information 121 Reference Table 115 for supporting information on RD 17' s budgets. 131 Based on RD17 Financing Authority' s December 2016 Bond Issuance Official Statement and information from RD 17, represents use of Bond Proceeds and or cash available to fund Capital Outlays. 101 Based on the approved Agreement Amendment and updated budget per Amendment No. 1. 5] Neu/ Assessment to commence levying assessment in FY 2024/5. 171 Bated on actual collected data and funds received by 1.07 CA 161 As reported by SJAFCA based on actual collections and budgeted revenues Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 0827. 20sx 89 Table 7
Mossdale Tract 2021 Adequate Progress Report
Future Expenditure Schedule for SJAFCA' sUIOP Project
Year 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Total Soft Costs
Admin / Planning $ 0 $ 0 $ 1, 361, 784 $ 1, 429, 873 $ 0 $ 3, 152, 870 $ 3, 448,51 $ 3, 620, 874 $ 304, 153 $ 0 $ 0 13, 318, 005 Environmental / Permitting $ 0 $ 405, 275 $ 1, 063, 846 $ 893, 60 $ 469, 156 $ 1, 231, 534 $ 1, 724, 148 $ 1, 810, 356 $ 570, 262 $ 0 $ 0 8, 168, 207 Surveying/ Engineering $ 0 $ 1, 945, 286 $ 2, 042, 551 $ 0 $ 0 $ 4, 729, 015 $ 5, 172, 360 $ 5, 430, 978 $ 456, 202 $ 0 $ 0 19, 776, 393 Construction Management $ 0 $ 486, 305 $ 2, 042, 481 $ 2, 144, 605 $ 0 $ 0 $ 0 $ 0 $ 7, 983, 267 $ 8, 382, 430 $ 754, 419 21, 793, 507 Mitigation $ 0 $ 0 $ 2, 553,36 $ 2, 681, 212 $ 0 $ 0 $ 0 $ 0 $ 9,80, 780 $ 11, 378, 090 $ 943, 184 27, 536, 802 Subtotal Soft Costs - 2, 836,66 9, 064, 197 7, 149, 321 469, 156 9, 113, 420 10, 344, 960 10, 862, 208 19, 294, 665 19, 760, 820 1, 697,02 90, 592, 914 Construction $ 0 $ 0 $ 4, 254, 980 $ 19, 360, 161 $ 15, 637, 053 $ 0 $ 0 $ 0 $ 66, 524, 274 $ 69, 850, 487 $ 8, 382, 058 184, 009,13 Real Estate ( Wise Use) $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 95, 048, 689 95, 048, 689 Real Estate ( New) $ 1, 083, 600 $ 6, 371, 568 $ 6, 451, 213 $ 0 $ 0 $ 0 $ 5, 808, 511 $ 6, 098, 936 $ 0 $ 0 $ 0 25, 813,27 Contingency $ 0 $ 0 $ 5, 339, 240 $ 5, 606, 202 $ 3, 433, 799 $ 0 $ 0 $ 0 $ 20,72, 760 $ 20, 660, 328 $ 1, 314, 748 56, 627, 076 Multi - Benefit Improvements $ 0 $ 0 $ 6, 323, 567 $ 15, 492, 739 $ 23,39, 109 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 45, 055, 415 Total Expenses
Source . KIN / Pei / LW n
1, 083, 600 9, 208, 434 31, 433, 197 47, 608, 422 42, 779, 116 9, 113, 420 16,53, 471 16, 961, 144 106, 091, 699 110, 271, 335 106, 443, 098 497, 146, 936 Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 0827. xlsx 90 San Joaquin Area Flood Control Agency
2023 Annual Adequate Progress Report Update
September 3, 2024
Evaluation of Identified Revenues
This section identifies, describes, and presents the updated evaluation of the funding sources for the remaining levee improvement work previously identified in the 2016 APR. The combined use of these sources is dependent on several factors including implementation timing. A discussion of the implementation timing of the planned funding mechanisms follows this section.
RD 17 LSRP Project — RD 17 Assessment Revenues/ State EIP Funding Appendix D provides an updated expenditure schedule for the LSRP as well as the supporting analysis of the identified revenues for implementation with funds from the RD 17 Mossdale Tract Assessment and DWR' s EIP program. This analysis supports the net revenues identified in Table 5 that are available to support the implementation of the Phase 4 Project after completion of the LSRP.
Development Fees & Advance Funding
Currently, SJAFCA, through an amended collection agreement with the Cities of Lathrop, Manteca, Stockton, and San Joaquin County is collecting fees as a condition of development within the Project' s benefit area. On July 12, 2022, SJAFCA adopted Resolution R- 22- 135 approving an Update to the Mossdale Tract Area Regional Urban Level of Flood Protection Nexus Study ( Nexus Study Update) and a related collection agreement amendment ( reference Appendix B). Subsequently, the Cities of Lathrop, Manteca, Stockton, and San Joaquin County adopted the Nexus Study Update and authorized the collection of the new fee between September and November 2022. As such, the portions of the Mossdale Tract Area that include planned development projects that lie within the 200 -year Floodplain ( the Phase 4 Project benefit area) will need to mitigate the impact of development in the floodplain and pay the Regional DIF. This funding will ensure that improvements can be made to flood control infrastructure to mitigate increases in expected annual damages.
To ensure that sufficient revenues are made available from this mechanism to meet the near -term cash flow demands of the project, the Land Use Agencies entered into agreements with landowners to advance some of the fee obligation and utilize this advanced funding as credit toward payment of the fee. An analysis showing an allocation of the costs to planned development is documented in the " Mossdale Tract Area:
Regional Urban Level of Flood Protection Levee Impact Fee Final Nexus Study Update" dated November 16, 2022. The current financing plan reflected within this APR reflects the updated fee rate effective as of December 2022. Appendix B shows the actual revenues received through July 2024 and projections of the revenues to come from the Updated Regional Fee Program overtime. In addition, the analysis considers the escalation of the fee rates over time based on the approved indexed escalation rate incorporated into the approved updated Fee.
To continue to advance the Phase 4 Project the Land Use Agencies have utilized Agency and developer advance funding and fee revenue collections. This funding has been utilized to support ongoing efforts including the formation of the EIFD and the planning and implementation of an Overlay Assessment expected in 2024. Early funding is expected to be reimbursed to the Agencies ( in the future) or, in the case of developer advanced funding, creditable toward the DIF Program as described above.
LWA LARSEN WURZEL
Associates Inc
25 1801014 Mossdale APR 2023 Update 2024 0903. docx
91 San Joaquin Area Flood Control Agency
2023 Annual Adequate Progress Report Update
September 3, 2024
Mossdale Tract Overlay Assessment District
Given the fact that a significant portion of the beneficiaries of the SJAFCA ULOP Project are already developed properties within the Mossdale Tract Area, the 2016 APR described a plan to move forward with the formation of a new special benefit assessment district that would overlay the existing RD 17 Mossdale Tract Assessment the previously described OAD). RD 17' s existing Mossdale Tract Assessment currently generates more than
3. 2 million per year with an average residential assessment of approximately $ 96 per year. To test the feasibility of a new OAD, a detailed analysis of the apportionment of special benefits for the Phase 4 Project was completed as part of the financial analyses associated with the Governance Analysis completed in late 2017. In July 2024, after a successful Proposition 218 property owner ballot proceeding, SJAFCA formed the Mossdale Tract Overlay Assessment District with the adoption of a SJAFCA Resolution No. 24-2 (Appendix C). The new OAD will levy approximately $2.4 million across all parcels within the Assessment District with an average residential per parcel assessment of approximately $ 70 in addition to the existing assessment. The revenues reflected in Table 5 reflect the approved assessment and a conservative increase of 2% per year in annual revenues to support the project.
Enhanced Infrastructure Financing District
In July 2022 SJAFCA' s Member Land Use Agencies formed the Mossdale Tract Enhanced Infrastructure Financing District. The EIFD allows for the use of Tax Increment Financing for the regional flood control improvements. The entities initiated the process by forming a new Public Financing Authority that includes members of the legislative bodies of the public agencies as well as two public members. The Mossdale Tract Enhanced Infrastructure Financing District Public Financing Authority ( EUIFD PFA) prepared an Infrastructure Financing Plan ( IFP) that describes the funding for the construction of regional flood control improvements that provide benefit to the Mossdale Tract Area. The IFP identifies the participating taxing entities within the EIFD and the share of Property Tax Increment each participating entity in the EIFD would allocate to the Project over time.
EIFD / Special Benefit District Financing
Appendix E provides reference to the location of IFP on SJAFCA' swebsite. This document includes an analysis of the projected revenues to come from the proposed EIFD. The revenues projected within the IFP, which are reflected within the financing plan presented in this APR, have been updated to reflect actual revenues for the first 3 years of the EIFD. Tax Increment revenues will flow to the Mossdale Tract Enhanced Infrastrcutrue Financing District Public Financing Authority which is the governance entity established pursuant to EIFD Law tasked with implementing the improvements identified within the IFP. The PFA and SJAFCA have entered into an MOU to allow for the transfer of Tax Increment funds from the PFA to SJAFCA.
To ensure sufficient revenues are available to finance the improvements, SJAFCA plans to issue debt secured by Overlay Assessment District revenues and utilize Tax Increment Revenues on a pay as you go basis to meet the local cost share obligation of the project. An updated analysis of the financing capacity of the proposed OAD has been prepared and is included within Appendix E. Figure 2 below illustrates the revenues, proposed bond issuance, and debt service associated with the planned financing.
LWA LARSEN WURZEL
Associates Inc
26 1801014 Mossdale APR 2023 Update 2024 0903. docx
92 San Joaquin Area Flood Control Agency
2023 Annual Adequate Progress Report Update
September 3, 2024
The updated Financing Plan assumes the following borrowing take place:
One borrowing in 2027 yielding approximately $ 27. 17 million in proceeds ( estimated $ 30. 16 Million Par) takes place. The borrowings would be secured by the proposed assessment district with 3 years of collection history and rate covenant of 1. 2x Maximum Annual Debt Service. The current financing plan assumes a 30 -year issue with 3.6% interest rates and level debt service. The issue is with an estimated 100% of Maximum Annual Debt Service reserve fund.
The Financing Plan presented with this 2023 Annual APR Update has refined the Overlay and EIFD Revenue Analyses previously presented. As shown in the IFP referenced in Appendix E, the EIFD revenue analysis has been prepared to present the following property tax revenue allocation rate scenarios as follows:
EIFD Contribution Rate
Initial Years
Affected Taxing Entity ( 2021- 2029) 2030 - 2032 2033 - 2043 2044 - 2061 Maximum Tax Rate Scenario
City of Lathrop
City of Manteca
City of Stockton
San Joaquin County
10. 0%
5.0%
1.0%
47. 3%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
20. 0%
Variable Tax Rate Scenario
City of Lathrop
City of Manteca
City of Stockton
San Joaquin County
10. 0%
5.0%
1.0%
47. 3%
13. 0%
13. 0%
13. 0%
13. 0%
9.5%
9.5%
9.5%
9.5%
4.5%
4.5%
4.5%
4.5%
The Variable Tax Rate Scenario has been modeled and created additional capacity to provide the necessary revenues to cover project needs on a pay- as- you- go basis over time. Need is shown in Table F1 and demonstrated in the chart presented in Figure 2.
LWA LARSEN WURZEL
Associates. Inc
27 1801014 Mossdale APR 2023 Update 2024 0903. docx
93 San Joaquin Area Flood Control Agency
2023 Annual Adequate Progress Report Update
September 3, 2024
Figure 2: Assessment Revenue & EIFD Tax Increment Financing Approach SJAFCA Mossdale Tract ULOP Project
Combined Assessment Revenue, EIFD Tax Increment & OAD Financing OAD & EIFD based on Approved IFP Formations)
s 10, 000,o0
9, 000,00
58, 000,00
7, 000,00
6, 000,00
5, 000,00
4, 000,00
3, 000,00
S2, 000,00
S1, wo, 000
LWA
So
New Development
2020-057
EIFD Notes:
Variable allocation rate until 2029 shifting to 13% in 2030 and further down overtime. Limit of aooroximately S5. 0to 55. 7 annually for combined debt service EIFD Establishment ( 2022/3)
OAD Formation (2023/4)
2025 AR Bond Issuance ($)
Level Debt Service, Senior/ Subordinate Issue
19' 1, 9 1,9 19
4'
19 19, 71 1.9 1919 19 19 19 19 19 19 ,
SO , 11o, 54' L• So, ryoti,i-19- 1n1h1bry1' 0- 19- 91. 19 19y~ 19y319 19 ti4019 Net Assessment Revenue ( Paygo, Debt Service & Coverage) aaae , of. Tax Increment Revenue for Paygo and Coverage
LARSEN WURZEL
Associates, Inc
28 mom*, Tax Increment Revenue for Debt Service
AD Debt Service
1801014 Mossdale APR 2023 Update 2024 0903. docx
94 San Joaquin Area Flood Control Agency
2023 Annual Adequate Progress Report Update
September 3, 2024
The OAD provides revenues sufficient for the required debt service and, in addition, the revenues needed to provide coverage for the bonds would be available and are authorized to provide ongoing operations and maintenance for the improved levee system.
Status and Schedule for Local Funding & Financing Implementation The following matrix outlines a conceptual schedule and details the status for the implementation of the contemplated funding mechanisms and associated financing of the improvements.
Activity Start End Duration ( 1) Status
MOU Principles June 1, 2016 N/ A Completed
Prepare and Review ULOP
Adequate Progress Report
June 1, 2016 N/ A Completed
Enter into MOU June 30, 2016 N/ A Completed
Adopt ULOP Adequate Progress
Findings
July 2, 2016 N/ A Completed
Develop Funding/ Governance
Evaluation Framework
March 2016 N/ A Completed
Prepare Financial & Governance
Analysis Supporting Governance
Entity & Financial Plan
September
2017
N/ A Completed
Implement Governance Entity
Enter into JPA & ( SJAFCA
Reorganization)
December
2017
N/ A Completed
Implement Funding Mechanisms
Interim Impact Fee April
2017
N/ A Completed
Regional Impact Fee
Adoption
January
2018
December
2018
N/ A Completed
Regional Impact Fee
Update
June
2021
November
2022
N/ A Completed
Overlay Assessment
District Formation
June
2018
July
2024
N/ A Completed
EIFD Adoption and EIFD
Formation
September
2018
August
2022
N/ A Completed
Administration
Ongoing
Implement Financing Entity/
Mechanism
Issue Debt 2027 N/ A
The above information will continue to be updated annually as progress is made. The information above coincides with the cash flow model assumptions presented within Table 5 and the supporting analysis appendices.
LWA LARSEN WURZEL
Associates. Inc
29 1801014 Mossdale APR 2023 Update 2024 0903. docx
95 San Joaquin Area Flood Control Agency
2022 Annual Adequate Progress Report Update
January 24, 2023
APPENDIX A:
SAN JOAQUIN AREA FLOOD CONTROL AGENCY RESOLUTION NO. 19- 06:
RESOLUTION TO ADOPT POLICY ON ADAPTING DESIGN STANDARDS FOR THE
MOSSDALE TRACT AREA OF SJAFCA IN LIGHT OF CLIMATE CHANGE FEBRUARY 24, 2023, TECHNICAL MEMORANDUM PREPARED BY KJELDSEN SINNOCK NEUDECK, INC. RE: SAN JOAQUIN AREA FLOOD CONTROL AGENCY MOSSDALE TRACT AREA URBAN FLOOD RISK REDUCTION PROJECT: 2023 COST
ESTIMATE UPDATE
Reso 19- 06 SJAFCA Resolution Adopting Policy re: Climate Change Al Tech Memo Technical Memo Detailing Updated Cost Estimate A7 LWA
LARSEN WURZE[
Associates. Inc
1801014 Adequate Progress Report Appendix Covers 2024 0903. docx 96 RESOLUTION NO. SJAFCA 19- 06
SAN JOAQUIN AREA
FLOOD CONTROL AGENCY
RESOLUTION TO ADOPT POLICY ON ADAPTING DESIGN
STANDARDS FOR THE MOSSDALE TRACT AREA OF SJAFCA IN
LIGHT OF CLIMATE CHANGE
WHEREAS, the overwhelming consensus of the international scientific community, as established by the Intergovernmental Panel on Climate Change and confirmed by the National Academy of Sciences, is that climate change is a real and increasingly urgent threat that demands action at every level of government; and WHEREAS, the Sacramento -San Joaquin Delta ( hereinafter Delta) is a unique natural and geographic feature of the State of California, and is the largest estuary on the Pacific Coast of the United States encompassing an area of over 730, 00 acres with islands and tracts of rich fertile soil surrounded by miles of sloughs and winding channels protected by levees; and
WHEREAS, climate change is directly impacting San Joaquin County citizens through sea level rise, flooding, increased wildfires, drought, and air pollution harming the public health; and
WHEREAS, further climate change is expected to impact the region' stemperatures, precipitation and sea level with consequences for the area population, agriculture, environment and infrastructure; and
WHEREAS, to protect these critical resources, the San Joaquin Area Flood Control Agency must continually evaluate the risks and impacts from climate changer uncertainties and identify appropriate adaptation and mitigation strategies utilizing the best available science in conjunction with stakeholders for adapting design standards for the Mossdale Tract Area of SJAFCA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN JOAQUIN AREA FLOOD CONTROL AGENCY, AS FOLLOWS:
That the Policy on Climate Change is hereby approved and adopted, a copy of which is attached as Exhibit "A" and incorporated by this reference.
SJAFCA Resolution 19- 06
A- 1
97 PASSED, APPROVED AND ADOPTED this 7th day of February, 2019.
ATTEST:
HRIS ELIAS, Secretary
of the San Joaquin Area
Flood Control Agency
APPROVED AS TO FORM:
L. SHA` IRI, Legal Counsel
f .r a San Joaquin rea
Flood Control • - ncy
DRA IE, Chair
n Joaquin Area
ontrol Agency
SJAFCA Resolution 19- 06
A- 2
98 EXHIBIT "A"
San Joaquin Area Flood Control Agency
Policy for Adapting Design Standards
for the Mossdale Tract Area of SJAFCA
in Light of Climate Change Uncertainties
February 7, 2019
Introduction
The San Joaquin Area Flood Control Agency ( SJAFCA) is advancing a program for increasing the level of flood protection provided by the Mossdale Tract levees through ( i) development of locally -funded improvements, (ii) partnering with the State on potential State funding of improvements, and/ or (iii) the pursuit of a Federally -authorized set of improvements. In the development of locally -funded improvements and other improvements which may be cost -shared with the State and Federal governments, it is necessary to select the appropriate future hydrology, considering climate change estimates, to inform design -level work. Unfortunately, the uncertainties ( magnitude, timing, and nature of frequency) associated with accurately predicting that future hydrology requires that the agency balance the flood risk associated with understating that hydrology with the financial costs associated with overstating that hydrology. The purpose of this document is to provide a Board -adopted policy for managing that risk specifically for the Mossdale Tract levees.
In addition, the passage of SB5 has imposed on communities in the Central Valley an obligation to ensure that future development will be subject to at least 200 -year flood protection. The Department of Water Resources ( DWR) has developed guidance for the Urban Level Of [ Flood] Protection ( ULOP) including findings that must be made Available Data on Climate Change Through Hydrologic Studies Climate change, as it applies to Mossdale Tract levees, is comprised of both tailwater conditions as well as watershed hydrology. Tailwater conditions are important because water surface profiles are calculated from downstream to upstream, and tailwater elevation ( also known as " stage") is an input to the model. In the case of the San Joaquin River, the downstream limit of the hydraulic model is roughly the Deep Water Ship Channel near the Smith Canal Gate project. The stage at that location is affected by sea level, tide cycles, hydraulics of the Delta, physical configuration of the Delta in a given event, storm surge, flood flows from the various tributary rivers and streams entering the Delta, and to some extent, wind setup ( if all or part of the Delta were to become a large body of open water in the future, for instance). Sea level rise is an essential component of tailwater conditions to consider.
Although sea level rise at the Golden Gate Bridge has been studied extensively, the science and engineering of predicting San Joaquin River tailwater conditions and watershed hydrology is new. The only study to date to address both aspects of climate 1 A- 3
99 EXHIBIT "A"
change for the San Joaquin River is the work by the State associated with the 2017 Update of the Central Valley Flood Protection Plan ( CVFPP). That study concludes that significant changes are likely for both tailwater conditions and San Joaquin River flows as a result of climate change. For example, the 200 -year event in the year 2067 is estimated by the 2017 CVFPP as a tailwater stage of 12. 6', a stage which would overtop numerous Delta islands and overwhelm many existing and proposed facilities. In terms of watershed hydrology, the CVFPP also predicts a tripling of 200 -year flood flows by the year 2067.
Additional Relevant Information
Until the development of the 2017 CVFPP Update, communities developing programs of improvements were required, under the ULOP guidelines, to address the risk of climate change without DWR generated estimates of tailwater conditions coupled with watershed hydrology. For example, in preparing adequate progress reports under ULOP for the River Islands Community of Lathrop, the City of Lathrop designed to the current hydrology, incorporated information from consensus sea level rise, and then added a further foot to the stage to address the uncertainty of changes to watershed hydrology as a result of climate change. Similarly, projects designed on the Sacramento River system have also incorporated additional stage or freeboard to address the uncertainty of changes to watershed hydrology as a result of climate change.
During the development of the 2017 CVFPP Update, commentators provided written comments to DWR regarding the significant changes projected by the Update and whether investment decisions should be made based on the Update. In response, DWR provided the following:
The 2017 CVFPP Update climate change analysis was used for system -scale planning and development of State policy in accordance with the directives and guidance of AB 2800, Executive Order B 30- 15, Executive Order S- 13- 08, Public Resources Code 71155, and the California Natural Resources Agency publication, Safeguarding California: Reducing Climate Risk ( 2014)" at a programmatic level. It has not been used to make investment - level decisions, project design, and implementation. While the 2017 CVFPP Update refines the overall near and long- term investment needs established in the 2017 CVFPP, it is not a decision document. Given the current state of climate change science and its uncertainties, application of the climate change projections for design purposes would not be appropriate at this time.
A more detailed programmatic account of the climate change analyses and summary of the findings is presented in the supporting document " 2017 CVFPP Update — Climate Change Analysis Technical Memorandum." The document also recommends further study:
Addressing uncertainty by evaluating a broader set of future climate scenarios, or sensitivity analyses.
2 A- 4
100
EXHIBIT "A"
Additional study to gain insight about reservoir climate vulnerability and potential adaptation needs.
The use of levee fragility and flood frequency curves is incorporated into the probabilistic methodology used for the CVFPP flood risk and potential life loss evaluations of the urban levee improvements and systemwide actions. Levee fragility data was developed based on the Nonurban/ Uran Levee Evaluations program undertaken by the State. Further details on the methods and sources of data can be found in the " 2017 CVFPP Update — Scenario Technical Analyses Summary Report" which supports the 2017 CVFPP Update.
Agency Policy
Based on the statement from DWR, it is not expected that SJAFCA use the 2017 CVFPP Update as a basis for design- and investment - level decisions. However, the trend of the 2017 CVFPP Update demonstrates that climate change will increase both the flows projected to flow down the San Joaquin River and increase the tailwater stages. DWR' s climate change estimates are for 50 years in the future only, and those estimates show the trends are still worsening at the end of that period with no eventual " leveling out" of the effects.
SJAFCA' spolicy for design- and investment - level decisions must address this trend and the risk associated with uncertainty without using the DWR estimates which were not prepared for this purpose. The Board of Directors of the San Joaquin Area Flood Control Agency acknowledges that this policy may result in a future finding by a land use agency that the designed ( or potentially constructed) project will not be able to provide 200 -year flood protection in light of changing conditions caused by climate change or other factors, and that achieving and maintaining a particular level of flood protection often requires a community to recommit itself to implement further measures.
Therefore, it is the policy of the Board of Directors of the San Joaquin Area Flood Control Agency that design- and investment -level decisions shall incorporate the following elements ( which are considered to be no, low, or medium regret to address the uncertainty of climate change) until such time as that uncertainty is reduced.
Incorporation of additional stage at the downstream boundary of the San Joaquin River hydraulic model to cover " intermediate" estimates of sea level rise per U. S. Army Corps of Engineers guidance, plus an additional factor for uncertainty; The inclusion of some additional measure of stage in levee design. This additional stage will differ in different reaches to be determined by SJAFCA staff based upon input from consultants and partner agencies, but is expected to be in the zero to three- foot range;
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EXHIBIT "A"
Where real estate is being acquired for project improvements ( and where land use coordination as described below is not adequate), SJAFCA will acquire the necessary real estate to support potential future levee raises and/ or extensions based on the 2017 CVFPP climate change hydrology;
Coordination with relevant land -use agencies in and around current and future levee alignments to ensure approved development can accommodate expanded levee footprints and extended levee alignments;
At least every three years, and more often when the state of the science demands, staff shall review available studies and models and make recommendations to the Board whether this policy needs to be updated.
SJAFCA will request that each land use agency within the Mossdale Tract annually provide to SJAFCA a summary of any findings made toward adequate progress;
SJAFCA will develop cost estimates to provide SJAFCA with necessary resources to further study and evaluate this issue through and after project completion.
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KrJELDSEN 9 INNOCK
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InC. mc. ENr rve¢ asENGINEERS & e urvo LAND SURVEYORS wavcra+ s
TECHNICAL MEMORANDUM
February 24, 2023
Project: San Joaquin Area Flood Control Agency
Mossdale Tract Area
Urban Flood Risk Reduction Project
Subject: 2023 Cost Estimate Update
Prepared by: Erik E. Almaas, PE
Reviewed by: Christopher H. Neudeck, PE
Stephen K. Sinnock, P. E.
Christopher H. Neudeck, P. E.
Neal T. Colwell, P. E.
Barry O' Regan, P. E.
2255- 0060
08- 300- 010
1. Introduction
Detailed analyses have previously been performed on the existing levee system conditions of Reclamation District No. 17 ( RD17) in order to determine the extent of Urban Levee Design Criteria ULDC) compliance. Documentation of the analyses in the form of a ULDC Engineer' sReport in 2016 was performed by a team consisting of Peterson, Brustad, Inc. (PBI), Kjeldsen, Sinnock and Neudeck, Inc. (KSN), and ENGEO, Inc. The results of the analyses indicated that substantial improvements were needed to the RD17 levees, including a proposed eastward extension of the RD17 Dryland Levee. The overall estimated cost of these improvements amounted to nearly $ 137 million, based on 2015 dollars.
In 2019, a new climate change evaluation including hydrological and hydraulic analyses was performed by PBI to refine potential climate change impacts in accordance with San Joaquin Area Flood Control Agency ( SJAFCA) policy. The results of this new evaluation indicated substantial elevated levels to the 200 -year Design Water Surface Elevation ( DWSE) along the RD17 levee, especially at the upstream end of the RD17 boundary. Additional improvements were identified based on the updated climate change evaluation, including the need to extend the proposed RD17 Dryland Levee extension even further to the east. The overall estimated cost of these incremental improvements amounted to nearly 57 million, based on 2015 dollars.
In 2021, the cost estimates from the 2016 ULDC Engineer' sReport and the 2019 climate change evaluation were consolidated into a single cost estimate and updated to 2021 dollars. As a result, the overall consolidated, estimated cost of all the improvements increased from $ 194 million ( 2015 dollars) to approximately $230 million ( 2021 dollars).
In 2023, project drawings were prepared by KSN at a 35% design level which included refinements to the proposed RD17 Dryland Levee extension alignment and other minor adjustments. Material quantities were also calculated as part of the 35% design and compared to previous assumptions.
The purpose of this technical memorandum is to update the 2021 cost estimate to 2023 dollars and incorporate the 35% design and material refinements.
Corporate Office 711 N Pershing Avenue I Stockton CA 95203 1209- 946. 0268 I www ksninc corn 1';' est Sacramento 1550 Harbor Boulevard Suite 212 I V,' est Sacramento, CA 95691 1916- 403- 5900 A- 7
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2. Summary of 2021 Cost Estimate
The updated, consolidated cost estimate from 2021 was based on 14. 47 miles fix -in -place levee improvements and 2. 75 miles of new levee, and the overall project cost amounted to approximately 230 million in 2021 dollars. As stated earlier, this cost estimate was based on assumptions developed in the 2016 ULDC Engineer' s Report and the 2019 climate change evaluation. A breakdown of the 2021 cost estimate is shown below in Table 1. A detailed breakdown of the improvement costs on a project -by -project basis for the 2021 cost estimate is included in EXHIBIT 1 Table 1 — Summary of 2021 Cost Estimate
Project Station Station
ID From To Project Na
1 119+ 50 148+ 00 Cutoff Wall 9, 354, 000
2 172+ 45 192+ 00 Cutoff Wall
3 190+ 50 247+ 00 Seepage Berm
4 255+ 50 259+ 50 Seepage Berm
5 270+ 00 297+ 75 Seepage Berm
6 311+ 00 362+ 50 Cutoff Wall
7 388+ 00 518+0 Cutoff Wall
8 570+ 0 822+0 Levee Raise @ San Joaquin River
9 703+ 00 741+ 30 Cutoff Wall
10 781+ 00 799+ 50 Cutoff Wall
11 822+0 853+ 50 Levee Raise @ Walthall Slough
12 853+ 50 959+ 00 Levee Raise & Seepage Berm @ Dryland Levee 13 0+0 959+ 00 Erosion Repairs
14 0+0 959+ 00 Right -of -Way (existing)
15 959+ 00 1104+ 20 Dryland Levee Extension
5, 331, 000
17, 002,00
1,38, 000
7, 389, 000
12, 337, 000
30, 954, 000
17, 390, 000
7, 673, 000
3, 716, 000
1, 941, 000
38,74, 000
10, 851, 000
14, 284, 000
52, 275, 000
Total: $ 230, 09,00
3. Data Sources
Existing data sources that were utilized in the levee assessment are as follows:
Kjeldsen, Sinnock & Neudeck, Inc. Urban Levee Design Criteria ( ULDC) Evaluation — Identify Necessary Improvements and Cost Estimate. March 3, 2016.
Kjeldsen, Sinnock & Neudeck, Inc. Mossdale Tract Area ULDC Adjustments for Climate Change Cost Estimate. December 12, 2019.
Kjeldsen, Sinnock & Neudeck, Inc. Mossdale Tract Area ULDC Climate Change Adjustment — Consolidated Cost Estimate. January 2021.
4. Levee Assessment
This levee assessment covers the RD17 levee from Station 0+0 to Station 908+ 60. It also covers a proposed Dryland Levee Extension that is required to extend the existing Dryland Levee eastward in order to meet ULDC compliance. A summary of the levee segments that were analyzed is shown below in Table 2.
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Table 2 - Summary of Analyzed Levee Segments
2021 Cost, Estinaie 2022 irpst
Levee Segment
French Camp Slough
San Joaquin River
Walthall Slough
Dryland Levee
Dryland Levee
Extension
Totals: 20. 91
Notes:
1) The end station of the proposed Dryland Levee Extension was previously represented in the 2021 cost estimate as Station 1104+ 20. However, the actual assumed improvements used in the development of the cost estimate were based on an end station of Station 1052+ 00 pursuant to SJAFCA climate change policies.
StattpFrom StationFrom To
a on
lies) From To
1. 91
13. 67
0. 58
2. 00
0+0 101+ 00
101+ 00 822+0
822+0 853+ 50
853+ 50 959+ 00
959+ 00 1052+ 00( 1)1. 76
0+0 101+ 00
101+ 00 822+0
822+0 853+ 50
853+ 50 908+ 60
908+ 60 1030+ 53
1. 91 Existing
13. 67 Existing
0. 58 Existing
1. 04 Existing
2. 31 Proposed
19. 51
5. Refinements from 35% Design
The existing RD 17 Dryland Levee begins at Station 853+ 50 at Woodward Avenue and meanders 2. 51 miles to the east to Station 985+5 at nearly Airport Way. The recommendations described in the original 2016 ULDC Engineer' sReport proposed to construct a new Dryland Levee Extension beginning at Station 972+ 25 and extending 3. 29 miles to the east beyond Airport Way along an arbitrary alignment.
Since the original 2016 ULDC Engineer' sReport, the alignment of the Dryland Levee Extension has continuously been refined with newer evaluations and analyses resulting in the updated cost estimates in 2021 and 2023. A summary of the various Dryland Levee Extension alignments is shown below in Table 3. A map of the two Dryland Levee Extension alignments is included in EXHIBIT 2.
Table 3 - Refinements to the New Dryland Levee Extension 2021 Cost Estimate.
Description
Fix -in -Place Repairs to
RD 17 Dryland Levee
Dryland Levee Extension 959+ 00 1052+ 00( 1) 1. 76 908+ 60 1030+ 53 2023. Cost
Station Station Length Station iti
From To ( miles) From To
853+ 50 959+ 00 2. 00 853+ 50 908+ 60
miles)
1. 04
2. 31
Notes:
1) The end station of the proposed Dryland Levee Extension was previously represented in the 2021 cost estimate as Station 1104+ 20. However, the actual assumed improvements used in the development of the cost estimate were based on an end station of Station 1052+ 00 pursuant to SJAFCA climate change policies
As the 35% design was being developed, quantities of construction materials were calculated. These quantities were compared to preliminary assumptions, and the 2023 cost estimate was updated with the new quantities accordingly. A map of the project sites pursuant to the 35% design is shown below in Figure 1.
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1 in = 2 miles
0 Stockton
2 3
4 Howard Road
5 Lathrop Road
81Lathrop
9 10
1 12, y
15 Q
Summary of Project Sites
Project Station Station
Begin End Description
1. 119+ 50 148+ 00 Cutoff Wall
2. 172+ 45 192+ 00 Cutoff Wa ll
3. 190+ 5 247+ 00 Seepage Berm
4. 255+ 50 259+ 50 Seepage Berm
5. 270+ 0 297+ 75 Seepage Berm
6. 311- 1- 00 362+ 50 Cutoff Wall
7. 388+ 00 518+0 Cutoff Wall
Levee Raise
8. 570+ 0 822+0 @ San Joaquin River
9. 703+ 00 741+ 30 Cutoff Wall
10. 781+ 00 799+ 50 Cutoff Wall
11. 822+0 853+ 50
Levee Raise
@ Walthall Slough
Levee Raise & Seepage Berm
@ Dryland Levee
Erosion Repairs
Right -of -Way ( existing)
Dryland Levee Extension
12. 853+ 50 908+ 60
13. 0+0 908+ 60
14. 0+0 908+ 60
15. 908+ 60 1030+ 53
Manteca
Union
Road
Main
Street
Legend
w—-- RD 17 Levee Centerline
Project Type
gin• mmis Cutoff Wall
Extension
Levee Raise
Seepage Berm
Note:
Erosion Repairs ( Project ID 13) and
Existing Right -of -Way (Project ID 14)
projects are not shown for clarity.
F1p
K KJELDSEN
N
S
S SINNOCK
NEUDECK
inc. Ir1C CIVILeH weensaaHowmemas ENGINEERS & LAND SURVEYORS 711 N. Pershing Avenue
Stockton, CA95203
209- 946- 0268
1550 Harbor Blvd, Suite 212
West Sacramento, CA95691
916- 403- 5900
www. ksninc. com
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
PROJECT SITES
Figure 1 — 35% Design Project Sites
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6. Update of Cost Estimate to 2023 Dollars
The update of the cost estimate from 2021 dollars to 2023 dollars was accomplished utilizing the Construction Cost Index (CCI) published monthly by Engineering News -Record ( ENR). The CCI is an indicator of general construction costs and includes labor and materials components. ENR uses the CCI to measure how much it costs to purchase a hypothetical package of goods and services and compare it to what it was in a prior year. The CCIs that were used in this assessment are shown below in Table 4.
Table 4 - ENR CCIs and Escalation Factor
Description
ENR CCI ( January 2021)
ENR CCI ( February 2023)
Escalation Factor
Value
11627. 94
13175. 93
1.331
The unit costs of the consolidated cost estimate were then adjusted by multiplying them by the above - described Escalation Factor. Afterwards, the adjusted unit costs were compared to bids from recent comparable projects in the area. All but four of the adjusted unit costs were determined to be reasonable, and a manual adjustment was made to the remaining four. A summary of the unit cost adjustments for these four items is shown below in.
st Es'.
Description Unit Unit Cost
Class 2 Aggregate Base ton
Drain Rock Material ton
Imported Engineered Fill ton
Sand Filter Material ton
29 35
18 29
Cell
with ERR CI
33 40
20 33
ent'
45 45
25 45
7. Cost Estimate Conclusions
Overall, the project cost estimate increased by $ 606, 000 from 2021 to 2023. A breakdown of the general cost estimate adjustments is shown below in Table 5.
Table 5 - General Cost Estimate Adjustments
Description Amount
2021 Cost Estimate
ENR CCI Adjustment from Jan 2021 to Feb 2023
Reconfiguration and Material Quantity Refinements at the Dryland Levee Extension in 35% Design
Other Material Quantity Refinements in 35% Design
2023 Cost Estimate
230, 09,00
61, 296, 000
50, 746, 000
9,44, 000
230, 615, 000
The updated 2023 cost estimate for the project is summarized below in Table 6. A detailed breakdown of the improvement costs on a project -by -project basis for the 2023 cost estimate is included in EXHIBIT 3.
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Table 6 - Summary of 2023 Cost Estimate
Project Station Station
ID From To Project Name Cost
1 119+ 50 148+ 00 Cutoff Wall $ 9, 775, 000
2 172+ 45 192+ 00 Cutoff Wall $ 4,59, 000
3 190+ 5 247+ 00 Seepage Berm $ 20,55, 000
4 255+ 50 259+ 50 Seepage Berm $ 1, 545, 000
5 270+ 0 297+ 75 Seepage Berm $ 9, 131, 000
6 311+ 00 362+ 50 Cutoff Wall $ 15, 753, 000
7 388+ 00 518+0 Cutoff Wall $ 36, 056,00
8 570+ 0 822+0 Levee Raise @ San Joaquin River $ 23, 115, 000 9 703+ 00 741+ 30 Cutoff Wall $ 7, 126, 000
10 781+ 00 799+ 50 Cutoff Wall $ 3,07, 000
11 822+0 853+ 96 Levee Raise @ Walthall Slough $ 1, 273, 000 12 853+ 96 908+ 60 Levee Raise & Seepage Berm @ Dryland Levee $ 15, 800, 000 13 0+0 908+ 60 Erosion Repairs $ 12, 310, 000
14 0+0 908+ 60 Right -of -Way ( existing) $ 16,72, 000
15 908+ 60 1030+ 53 Dryland Levee Extension $ 54,38, 000 Total: $ 230, 615, 000
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San Joaquin Area Flood Control Agency
Mossdale Tract Area
Urban Flood Risk Reduction Project
2023 Cost Estimate Update
EXHIBIT 1
2021 Cost Estimate Breakdown
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 1
CUTOFF WALL
STA 119+ 50 TO STA 148+ 00
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
5. Deep Mix Method ( DMM) Cutoff Wall
6. Tracer Wire
7. Imported Engineered Fill
8. Class 2 Aggregate Base
9. Reconstruct Existing 8" Pipe
10. Reconstruct Existing 42" Pipe
11. Air Release Valve
12. 8" Valve
13. 42" Valve
14. Encroachment Removal
15. Encroachment Modification
16. Hydroseedin9
Mangement / Environmental / Engineering
5. 4
83, 300
2, 900
23, 900
2, 100
2 6
8 2
6 3
1 128, 300
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac • uisition
Project Totals
AC
SF
LF
TN
TN
EA
EA
EA
EA
EA
EA
EA
SF
0. AC
0 EA
10%
3%
2, 000
20 2
15 25
45, 000
250, 00
2, 000
2, 500
70, 000
10, 000
20, 000
0. 10
5%
3%
5%
2%
10%
12%
3%
25, 000
50, 000
4, 732, 000
418, 800
125, 700
10, 800
1, 666, 000
5, 800
358, 500
52,00
90, 000
1, 500, 000
16, 000
5, 000
420, 00
30, 000
20, 000
12, 900
1, 893, 000
236, 600
142, 000
236, 600
94, 700
473, 200
567, 900
142, 000
0 0
0 10%
3%
2, 400
24 3
18 29
51, 900
288, 100
2, 400
2, 900
80, 700
11, 600
23, 100
0. 12
5%
3%
5%
2%
10%
12%
3%
28, 900
57, 700
5,67,00
492, 700
147, 900
13, 000
1, 999, 200
8, 700
430, 20
60, 900
103, 800
1, 728, 600
19, 200
5, 800
484, 200
34, 800
23, 100
15, 400
2,27, 300
278, 400
167,00
278, 400
111, 400
556, 800
668, 100
167,00
0 0
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 2
CUTOFF WALL
STA 175+ 45 TO STA 192+ 00
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
5. Deep Mix Method ( DMM) Cutoff Wall
6. Tracer Wire
7. Imported Engineered Fill
8. Class 2 Aggregate Base
9. Reconstruct Existing 8" Pipe
10. Reconstruct Existing 12" Pipe
11. Reconstruct Existing 16" Pipe
12. Air Release Valve
13. 8" Valve
14. 12" Valve
15. 16" Valve
16. Encroachment Removal
17. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation (Agricultural)
2. Easement Acquisition
Con
10%
3%
3. 7 AC $ 2, 000
88, 000 SF $ 20
2, 000 LF $ 2
16, 500 TN $ 15
1, 500 TN $ 25
2 EA $ 45, 000
1 EA $ 60, 000
1 EA $ 80, 000
4 EA $ 2, 000
2 EA $ 2, 500
1 EA $ 4, 000
1 EA $ 8, 500
3 EA $ 10, 000
88, 000 SF $ 0. 10
5%
3%
5%
2%
10%
12%
3%
0. AC $ 25, 000
0 EA $ 50, 000
2, 656, 400
235, 100 10%
70, 600 3%
7, 400 $ 2, 400
1, 760, 000 $ 24
4, 000 $ 3
247, 500 $ 18
37, 500 $ 29
90, 000 $ 51, 900
60, 000 $ 69, 200
80, 000 $ 92, 200
8, 000 $ 2, 400
5, 000 $ 2, 900
4, 000 $ 4, 700
8, 500 $ 9, 800
30, 000 $ 11, 600
8,00 $ 0. 12
1, 062, 900
132, 900 5%
79,00 3%
132, 900 5%
53, 200 2%
265, 700 10%
318, 800 12%
79,00 3%
0 0 $ 28, 900
0 $ 57, 700
3, 173, 000
280, 80
84, 300
8, 900
2, 112, 000
6, 000
297, 000
43, 500
103, 800
69, 200
92, 200
9, 600
5, 800
4, 700
9, 800
34, 800
10, 600
1, 269, 400
158, 700
95, 200
158, 700
63, 500
317,00
380, 80
95, 200
0 0
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SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 3
SEEPAGE BERM
STA 190+ 50 TO STA 247+ 00
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Drain Rock Material
6. Sand Filter Material
7. Filter Fabric
8. Class 2 Aggregate Base
9. Reconstruct Existing 8" Pipe
10. Reconstruct Existing 10" Pipe
11. Reconstruct Existing 16" Pipe
12. Reconstruct Existing 20" Pipe
13. Air Release Valve
14. 8" Valve
15. 10" Valve
16. 16" Valve
17. 20" Valve
18. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
20. 8
159, 200
99, 200
49,00
675, 300
4, 200
4 2
1 1
8 4
2 1
1 743, 100
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acciuisition
AC
TN
TN
TN
SF
TN
EA
EA
EA
EA
EA
EA
EA
EA
EA
SF
12. 7 AC
7 EA
3%
3%
2, 000
15 30
25 0. 50
25 45, 000
55, 000
80, 000
95, 000
2, 000
2, 500
3, 000
8, 500
18, 000
0. 10
5%
3%
5%
2%
10%
12%
3%
25, 000
50, 000
8, 142, 200
230, 50
230, 50
41, 600
2, 388, 000
2, 976, 000
1, 235, 000
337, 700
105, 000
180, 00
110, 00
80, 000
95, 000
16, 000
10, 000
6, 000
8, 500
18, 000
74, 400
3, 257, 300
407, 200
244, 300
407, 200
162, 900
814, 300
977, 100
244, 300
667, 500
317, 500
350, 00
3%
3%
2, 400
18 35
29 0. 58
29 51, 900
63, 400
92, 200
109, 500
2, 400
2, 900
3, 500
9, 800
20, 800
0. 12
5%
3%
5%
2%
10%
12%
3%
28, 900
57, 700
9, 569, 200
270, 90
270, 90
50, 000
2, 865, 600
3, 472, 000
1, 432, 600
391, 700
121, 800
207, 600
126, 800
92, 200
109, 500
19, 200
11, 600
7, 000
9, 800
20, 800
89, 200
3, 828, 000
478, 500
287, 100
478, 500
191, 400
957, 000
1,48, 400
287, 100
771, 000
367, 100
403, 900
Kjeldsen, Sinnock & Neudeck, Inc. Page 3 of 15
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SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 4
SEEPAGE BERM
STA 255+ 50 TO STA 259+ 50
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Drain Rock Material
6. Sand Filter Material
7. Filter Fabric
8. Class 2 Aggregate Base
9. Reconstruct Existing 10" Pipe
10. Air Release Valve
11. 10" Valve
12. Hydroseeding
Mangement / Environmental / Engineering
1. 4 AC
9,00 TN
6, 000 TN
3, 000 TN
40, 800 SF
300 TN
1 EA
1 EA
1 EA
45, 600 SF
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac • uisition
3%
3%
2, 000
15 30
25 0. 50
25 55, 000
2, 000
3, 000
0. 10
5%
3%
5%
2%
10%
12%
3%
0. 7 AC $ 25, 000
1 EA $ 50, 000
528, 800
15, 000 3%
15, 000 3%
2, 800 $ 2, 400
148, 500 $ 18
180, 00 $ 35
75, 000 $ 29
20, 400 $ 0. 58
7, 500 $ 29
55, 000 $ 63, 400
2, 000 $ 2, 400
3, 000 $ 3, 500
4, 600 $ 0. 12
211, 800
26, 500 5%
15, 900 3%
26, 500
10, 600 2%
52, 900 10%
63, 500 12%
15, 900 3%
67, 500
17, 500 $ 28, 900
50, 000 $ 57, 700
5%
621, 000
17, 600
17, 600
3, 400
178, 200
210, 00
87, 000
23, 700
8, 700
63, 400
2, 400
3, 500
5,00
248, 800
31, 100
18, 700
31, 100
12, 500
62, 100
74, 600
18, 700
78, 000
20, 300
57, 700
Kjeldsen, Sinnock & Neudeck, Inc. Page 4 of 15
A- 17
Print Date: 1/ 29/021
113
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 5
SEEPAGE BERM
STA 270+ 00 TO STA 297+ 75
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Drain Rock Material
6. Sand Filter Material
7. Filter Fabric
8. Class 2 Aggregate Base
9. Reconstruct Existing 10" Pipe
10. Reconstruct Existing 12" Pipe
11. Reconstruct Existing 16" Pipe
12. Air Release Valve
13. 10" Valve
14. 12" Valve
15. 16" Valve
16. Hydroseeding
Mangement / Environmental / Engineering
9. 1
68,00
41, 600
20, 400
283, 100
2, 100
1 2
1 4
1 2
1 316, 400
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac. uisition
AC
TN
TN
TN
SF
TN
EA
EA
EA
EA
EA
EA
EA
SF
5. 1 AC
4 EA
3%
3%
2, 000
15 30
25 0. 50
25 55, 000
60, 000
80, 000
2, 000
3, 000
4, 000
8, 500
0. 10
5%
3%
5%
2%
10%
12%
3%
25, 000
50, 000
3, 512,00
99, 500
99, 500
18, 200
1, 029,00
1, 248, 000
510, 00
141, 600
52,00
55, 000
120, 00
80, 000
8, 000
3, 000
8, 000
8, 500
31, 700
1, 405, 300
175, 700
105, 400
175, 700
70, 300
351,00
421, 500
105, 400
327, 500
127, 500
200, 00
3%
3%
2, 400
18 35
29 0. 58
29 63, 400
69, 200
92, 200
2, 400
3, 500
4, 700
9, 800
0. 12
5%
3%
5%
2%
10%
12%
3%
28, 900
57, 700
4, 127, 500
116, 900
116, 900
21, 900
1, 234, 800
1, 456, 000
591, 600
164, 200
60, 900
63, 400
138, 400
92, 200
9, 600
3, 500
9, 400
9, 800
38, 000
1, 651, 300
206, 400
123, 900
206, 400
82, 600
412, 800
495, 300
123, 900
378, 200
147, 400
230, 80
Kjeldsen, Sinnock & Neudeck, Inc. Page 5 of 15
A- 18
Print Date: 1/ 29/021
114
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 6
CUTOFF WALL
STA 311+ 00 TO STA 362+ 50
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Degrade Existing Levee ( 1/ 3 Height)
5. Soil- Bentonite ( SB) Cutoff Wall
6. Temporary Cap ( Double Handle)
7. Tracer Wire
8. Imported Engineered Fill
9. Class 2 Aggregate Base
10. Reconstruct Existing 6" Pipe
11. Reconstruct Existing 8" Pipe
12. Reconstruct Existing 10" Pipe
13. Reconstruct Existing 14" Pipe
14. Air Release Valve
15. 6" Valve
16. 8" Valve
17. 10" Valve
18. 14" Valve
19. Hydroseeding
Mangement / Environmental / Engineering
10. 8
23, 500
354, 200
9, 200
5, 200
108, 800
3, 900
1 1
3 1
6 1
1 3
1 314, 200
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation (Agricultural)
2. Easement Acquisition
Contin . e 0 t 20
AC
CY
SF
CY
LF
TN
TN
EA
EA
EA
EA
EA
EA
EA
EA
EA
SF
10%
3%
2, 000
10 8
10 2
15 25
40, 000
45, 000
55, 000
75, 000
2, 000
2, 000
2, 500
3, 000
7, 000
0. 10
5%
3%
5%
2%
10%
12%
3%
0. AC $ 25, 000
0 EA $ 50, 000
6, 001, 700
531, 200
159, 400
21, 600
235, 000
2, 833, 600
92, 000
10, 400
1, 632, 000
97, 500
40, 000
45, 000
165, 000
75, 000
12, 000
2, 000
2, 500
9, 000
7, 000
31, 500
2, 401, 000
300, 10
180,0
300, 10
120,0
600, 20
720, 30
180,0
0 0
0 7, 343, 200
10% $649, 900
3% $195, 000
2, 400 $ 26, 000
12 $ 282, 000
10 $ 3, 542, 000
12 $ 110, 40
3 $ 15, 600
18 $ 1, 958, 400
29 $ 113,00
46, 100 $ 46, 100
51, 900 $ 51, 900
63, 400 $ 190, 20
86, 500 $ 86, 500
2, 400 $ 14, 400
2, 400 $ 2, 400
2, 900 $ 2, 900
3, 500 $ 10, 500
8, 100 $ 8, 100
0. 12 $ 37, 800
2, 937, 500
5% $367, 200
3% $220, 30
367, 200
2% $146, 900
10% $734, 400
12% $ 881, 200
220, 30
0 0
0 5%
3%
28, 900
57, 700
Kjeldsen, Sinnock & Neudeck, Inc. Page 6 of 15
A- 19
Print Date: 1/ 29/021
115
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 7 STA 388+ 00 TO
CUTOFF WALL
STA 518+0
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Degrade Existing Levee ( 1/ 3 Height)
5. Soil- Bentonite (SB) Cutoff Wall
6. Temporary Cap ( Double Handle)
7. Tracer Wire
8. Imported Engineered Fill
9. Class 2 Aggregate Base
10. Reconstruct Existing 4" Pipe
11. Reconstruct Existing 6" Pipe
12. Reconstruct Existing 10" Pipe
13. Reconstruct Existing 12" Pipe
14. Reconstruct Existing 14" Pipe
15. Reconstruct Existing 16" Pipe
16. Reconstruct Existing 20" Pipe
17. Reconstruct Existing 36" Pipe
18. Air Release Valve
19. 4" Valve
20. 6" Valve
21. 10" Valve
22. 12" Valve
23. 14" Valve
24. 16" Valve
25. 20" Valve
26. 36" Valve
27. Hydroseeding
Mangement / Environmental / Engineering
27. 3
59,00
827, 000
23,00
13, 000
275, 600
9, 600
1 2
2 5
2 3
1 1
17 1
2 2
5 2
3 1
1 796, 000
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
Contin s enc . 20%
3%
AC $ 2, 000
CY $ 10
SF $ 8
CY $ 10
LF $ 2
TN $ 15
TN $ 25
EA $ 35, 000
EA $ 40, 000
EA $ 55, 000
EA $ 60, 000
EA $ 75, 000
EA $ 80, 000
EA $ 95, 000
EA $ 200, 00
EA $ 2, 000
EA $ 1, 500
EA $ 2, 000
EA $ 3, 000
EA $ 4, 000
EA $ 7, 000
EA $ 8, 500
EA $ 18, 000
EA $ 55, 000
SF $ 0. 10
5%
3%
5%
2%
10%
12%
3%
0. AC $ 25, 000
0 EA $ 50, 000
15,02, 800
10% $1, 336, 600
401, 000
54, 600
595, 000
6,16, 000
232, 000
26, 000
4, 134, 000
240, 00
35, 000
80, 000
110, 00
300, 00
150, 00
240, 00
95, 000
200, 00
34, 000
1, 500
4, 000
6, 000
20, 000
14, 000
25, 500
18, 000
55, 000
79, 600
6, 041, 400
755, 200
453, 100
755, 200
302, 100
1, 510, 30
1, 812, 400
453, 100
0 0
0 18, 424, 200
10% $1, 630, 500
3% $489, 200
2, 400 $ 65,00
12 10
12 3
18 29
40,00
46, 100
63, 400
69, 200
86, 500
92, 200
109, 500
230, 50
2, 400
1, 800
2, 400
3, 500
4, 700
8, 100
9, 800
20, 800
63, 400
0. 12
5%
3%
5%
2%
10%
12%
3%
28, 900
57, 700
714, 000
8, 270, 000
278, 400
39, 000
4, 960, 800
278, 400
40,00
92, 200
126, 800
346, 000
173, 000
276, 600
109, 500
230, 50
40, 800
1, 800
4, 800
7, 000
23, 500
16, 200
29, 400
20, 800
63, 400
95, 600
7, 370, 200
921, 300
552, 800
921, 300
368, 500
1, 842, 500
2,11, 000
552, 800
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 7 of 15
A- 20
Print Date: 1/ 29/021
116
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 8
LEVEE RAISE
STA 570+ 0 TO STA 822+0
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Floodwall ( 3' tall)
6. Class 2 Aggregate Base
7. Reconstruct Existing 12" Pipe
8. Reconstruct Existing 16" Pipe
9. Reconstruct Existing 18" Pipe
10. Reconstruct Existing 20" Pipe
11. Reconstruct Existing 48" Pipe
12. Air Release Valve
13. 12" Valve
14. 16" Valve
15. 18" Valve
16. 20" Valve
17. 48" Valve
18. Encroachment Removal
19. Encroachment Modification
20. Hydroseeding
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
Co _,
8, 370, 100
3% $236, 900 3%
3% $236, 900 3%
43. 6 AC $ 2, 000 $ 87, 200 $ 2, 400
339, 700 TN $ 15 $ 5, 095, 500 $ 18
2, 400 LF $ 125 $ 300, 00 $ 145
18, 800 TN $ 25 $ 470, 00 $ 29
3 EA $ 60, 000 $ 180, 00 $ 69, 200
1 EA $ 80, 000 $ 80, 000 $ 92, 200
4 EA $ 85, 000 $ 340, 00 $ 98, 000
1 EA $ 95, 000 $ 95, 000 $ 109, 500
1 EA $ 300, 00 $ 300, 00 $ 345, 700
10 EA $ 2, 000 $ 20, 000 $ 2, 400
3 EA $ 4, 000 $ 12, 000 $ 4, 700
1 EA $ 8, 500 $ 8, 500 $ 9, 800
4 EA $ 14, 000 $ 56, 000 $ 16, 200
1 EA $ 18, 000 $ 18, 000 $ 20, 800
1 EA $ 85, 000 $ 85, 000 $ 98, 000
31 EA $ 10, 000 $ 310, 00 $ 11, 600
3 EA $ 100, 00 $ 300, 00 $ 115, 300
1, 390, 400 SF $ 0. 10 $ 139,00 $ 0. 12
3,48, 700
5% $418, 600 5%
3% $251,00 3%
5% $418, 600 5%
2% $167, 500 2%
10% $837, 100 10%
12% $1, 004, 500 12%
3% $251,00 3%
515, 300
8. 6 AC $ 25, 000 $ 215, 300 $ 28, 900
6 EA $ 50, 000 $ 300, 00 $ 57, 700
9,25, 400
281, 000
281, 000
104, 700
6, 114, 600
348, 000
545, 200
207, 600
92, 200
392, 000
109, 500
345, 700
24, 000
14,00
9, 800
64, 800
20, 800
98, 000
359, 600
345, 900
166, 900
3, 970, 500
496, 300
297, 800
496, 300
198, 600
992, 600
1,91,00
297, 800
595, 100
248, 900
346, 200
Kjeldsen, Sinnock & Neudeck, Inc. Page 8 of 15
A- 21
Print Date: 1/ 29/021
117
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 9
CUTOFF WALL
STA 703+ 00 TO STA 741+ 30
Construction
1. Mobilization
2. Erosion Control
3. Degrade Existing Levee ( 1/ 3 Height) 17, 400
4. Soil- Bentonite (SB) Cutoff Wall 306, 400
5. Temporary Cap ( Double Handle) 6, 700
6. Imported Engineered Fill 37, 600
7. Tracer Wire 3, 800
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac. uisition
CY
SF
CY
TN
LF
10%
3%
10 8
10 15
2 5%
3%
5%
2%
10%
12%
3%
0. AC $ 25, 000
0 EA $ 50, 000
3, 688, 200
326, 400
98, 000
174, 000
2, 451, 200
67, 000
564, 000
7, 600
1, 475, 700
184, 500
110, 70
184, 500
73, 800
368, 900
442, 600
110, 70
0 0 $ 28, 900
0 $ 57, 700
4, 566, 900
10% $404, 200
3% $121, 300
12 $ 208, 800
10 $ 3, 064,00
12 $ 80, 400
18 $ 676, 800
3 $ 11, 400
1, 827, 200
5% $228, 400
137,00
228, 400
2% $91, 400
10% $ 456, 700
12% $ 548, 100
3% $137,00
0 0
0 3%
5%
Kjeldsen, Sinnock & Neudeck, Inc. Page 9 of 15
A- 22
Print Date: 1/ 29/021
118
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 10
CUTOFF WALL
STA 781+ 00 TO STA 799+ 50
Construction
1. Mobilization
2. Erosion Control
3. Degrade Existing Levee ( 1/ 3 Height)
4. Soil- Bentonite ( SB) Cutoff Wall
5. Temporary Cap ( Double Handle)
6. Imported Engineered Fill
7. Tracer Wire
8, 500
148, 000
3,00
18, 300
1, 900
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac • uisition
o. i sY
Project Totals
CY
SF
CY
TN
LF
1, 785, 900
10% $158,00 10%
3% $47, 500 3%
10 $ 85, 000 $ 12
8 $ 1,84, 000 $ 10
10 $ 33, 000 $ 12
15 $ 274, 500 $ 18
2 $ 3, 800 $ 3
714, 600
5% $89, 300
3% $53, 600
89, 300
2% $35, 800 2%
10% $178, 600 10%
12% $ 214, 400 12%
53, 600
0 0 $ 28, 900
0 $ 57, 700
5% 5%
3%
0. AC $ 25, 000
0 EA $ 50, 000
3%
2,11,00
195, 700
58, 800
102, 000
1, 480, 000
39, 600
329, 400
5, 700
884, 900
5% $110, 60
3% $66, 400
110, 60
44, 300
221,00
265, 400
66, 400
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 10 of 15
A- 23
Print Date: 1/ 29/021
119
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 11
LEVEE RAISE @ WALTHALL SLOUGH
STA 822+0 TO STA 853+ 50
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Class 2 Aggregate Base
6. Reconstruct Existing 20" Pipe
7. Air Release Valve
8. 20" Valve
9. Hydroseeding
5. 3 AC
47, 600 TN
2, 300 TN
1 EA
1 EA
1 EA
168, 900 SF
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
Project Totals
3%
3%
2, 000
15 25
95, 000
2, 000
18, 000
0. 10
5%
3%
5%
2%
10%
12%
3%
0. AC $ 25, 000
0 EA $ 50, 000
969, 000
27, 500
27, 500
10, 600
714, 000
57,00
95, 000
2, 000
18, 000
16, 900
387, 800
48, 500
29, 100
48, 500
19, 400
96,00
116, 300
29, 100
0 0
0 3%
3%
2, 400
18 29
109, 500
2, 400
20, 800
0. 12
5%
3%
5%
2%
10%
12%
3%
28, 900
57, 700
1,54, 700
32, 700
32, 700
12, 800
856,00
66, 700
109, 500
2, 400
20, 800
20, 300
462, 200
57, 800
34, 700
57, 800
23, 100
115, 500
138, 600
34, 700
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 11 of 15
A- 24
Print Date: 1/ 29/021
120
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 12
LEVEE RAISE & SEEPAGE BERM @ DRYLAND LEVEE
STA 853+ 50 TO STA 972+ 25
Construction
1. Mobilization
2. Erosion Control
3. Traffic Control
4. AC Pavement Repairs
5. Clearing and Grubbing
6. Imported Engineered Fill
7. Drain Rock Material
8. Sand Filter Material
9. Filter Fabric
10. Class 2 Aggregate Base
11. Encroachment Modification
12. Hydroseeding
13. Quarry Stone Riprap
Mangement / Environmental / Engineering
1 LS
20, 000 SF
50. 9 AC
569, 900 TN
170, 40 TN
79, 800 TN
928, 400 SF
15, 700 TN
1 EA
1, 519, 200 SF
14, 000 TN
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
18, 810,00
3% $532, 400
3% $532, 400
50, 000 $ 50, 000
10 $ 200, 00
2, 000 $ 101, 800
15 $ 8, 548,00
30 $ 5, 112, 000
25 $ 1, 995, 000
0. 50 $ 464, 200
25 $ 392, 500
100, 00 $ 100, 00
0. 10 $ 152, 000
45 $ 630, 00
7, 524, 700
5% $940, 60
3% $564, 400
940, 60
2% $376,00
10% $1, 881, 100
12% $2,57, 300
3% $564, 400
735, 000
485, 000
250, 00
5%
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
19. 4 AC
5 EA
25, 000
50, 000
22,34, 400
3% $629, 300
3% $629, 300
57, 700 $ 57, 700
12 $ 240, 00
2, 400 $ 122, 200
18 $ 10, 258,00
35 $ 5, 964, 000
29 $ 2, 314, 200
0. 58 $ 538,00
29 $ 455, 300
115, 300 $ 115, 300
0. 12 $ 182, 400
52 $ 728, 000
8,94, 200
5% $1,11, 800
667, 100
5% $1,11, 800
2% $444, 700
10% $2,23, 500
12% $2, 668, 200
3% $667, 100
849, 200
560, 70
288, 500
3%
28, 900
57, 700
Kjeldsen, Sinnock & Neudeck, Inc. Page 12 of 15
A- 25
Print Date: 1/ 29/021
121
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 13
EROSION REPAIRS
STA 0+0 TO STA 959+ 00
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Quarry Stone Riprap
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
34. 0 AC
115, 600 TN
1. Land Valuation ( Agricultural)
Easement Ac. uisition
0. AC
0 EA
3%
3%
2, 000
45 5%
3%
5%
2%
10%
12%
3%
25, 000
50, 000
5,86, 200
158,00
158,00
68, 000
5, 202, 000
2,34, 900
279, 400
167, 600
279, 400
111, 800
558, 700
670, 40
167, 600
0 0
0 3%
3%
2, 400
52 5%
3%
5%
2%
10%
12%
3%
28, 900
57, 700
6, 458,00
182, 800
182, 800
81, 600
6, 011, 200
2, 583, 800
323, 000
193, 800
323, 000
129, 200
645, 900
775, 100
193, 800
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 13 of 15
A- 26
Print Date: 1/ 29/021
122
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 14
RIGHT- OF- WAY ACQUISITION ( EXISTING DEFICIENCIES)
STA 0+0 TO STA 959+ 00
Real Estate
1. Land Valuation ( Agricultural)
2. Land Valuation ( Residential)
3. Land Valuation ( Commercial)
4. Improvement Valuation ( Residential)
5. Easement Acquisition
Easement Ac• uisition Oak Shores
40. 7 AC
3. 0 AC
1. 0 AC
15 EA
113 EA
1 EA
25, 000
250, 00
250, 00
150, 00
50, 000
400, 00
10, 317, 500
1, 017, 500
750, 00
250, 00
2,50, 000
5, 650, 000
400, 00
11, 903, 200
28, 900 $ 1,76, 300
288, 100 $ 864, 300
288, 100 $ 288, 100
172, 900 $ 2, 593,00
57, 700 $ 6, 520, 100
460, 90 $ 460, 90
Kjeldsen, Sinnock & Neudeck, Inc. Page 14 of 15
A- 27
Print Date: 1/ 29/021
123
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit
2015$
Unit Price Total
2021$
Unit Price Total
PROJECT
ID 15
DRYL
STA
AND LEVEE EXTENSION
959+ 00 TO STA 1104+ 20
Construction
1. Mobilization
2. Erosion Control
3. Traffic Control
4. AC Pavement Repairs
5. Clearing and Grubbing
6. Excavate Levee Keyway
7. Imported Engineered Fill
8. Drain Rock Material
9. Sand Filter Material
10. Filter Fabric
11. Class 2 Aggregate Base
12. Encroachment Removal
13. Encroachment Modification
14. Relocate Ditch
15. Hydroseeding
16. Quarry Stone Riprap
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation (Agricultural)
2. Easement Ac. uisition
Project Totals
3%
3%
1 LS $ 120, 00
70, 000 SF $ 10
80. AC $ 5, 000
38, 800 CY $ 10
958, 800 TN $ 15
110,0 TN $ 30
33, 100 TN $ 25
742, 500 SF $ 0. 50
10, 800 TN $ 25
2 EA $ 50, 000
3 EA $ 100, 00
9, 100 LF $ 10
1, 761, 100 SF $ 0. 10
26, 500 TN $ 45
5%
3%
5%
2%
10%
12%
3%
82. 7 AC $ 25, 000
22 EA $ 50, 000
23, 983, 300
678, 800
678, 800
120, 00
700, 00
404, 200
388, 000
14, 382, 000
3,03, 000
827, 500
371,00
270, 00
100, 00
300, 00
91, 000
176, 200
1,92, 500
9, 593,00
1,99, 200
719, 500
1,99, 200
479, 700
2, 398, 400
2, 878, 000
719, 500
3, 167, 500
2, 067, 500
1,00, 000
3%
3%
138, 300
12 5, 800
12 18
35 29
0. 58
29 57, 700
115, 300
12 0. 12
52 5%
3%
5%
2%
10%
12%
3%
28, 900
57, 700
28, 501, 800
806, 700
806, 700
138, 300
840, 00
468, 900
465, 600
17, 258, 400
3, 853, 500
959,00
430, 70
313, 200
115, 400
345, 900
109, 200
211, 400
1, 378, 000
11, 401, 000
1, 425, 100
855, 100
1, 425, 100
570, 10
2, 850, 200
3, 420, 300
855, 100
3, 659, 500
2, 390, 100
1, 269, 400
Kjeldsen, Sinnock & Neudeck, Inc. Page 15 of 15
A- 28
Print Date: 1/ 29/021
124
San Joaquin Area Flood Control Agency
Mossdale Tract Area
Urban Flood Risk Reduction Project
2023 Cost Estimate Update
EXHIBIT 2
Dryland Levee Extension Comparison
A- 29
125
2121 ROAM
160206 861602 6. 02 1. 2626
LI MY 60 2426 02261121102
12 OA. 112. 1. 61 61FNq/ Z 2K M t1 Crtr1M60. FNF
12 216/ 110 W. OA N. 1IAIQF1. 10 R11.. 2F
16 6.0 106. 0 1. 76 PEW 02Y. 210122FIX246102
aa1P0ACT
866604 swam MEE
MOM 0 011. 21102
66. I60. a +a 111. AAA12. 17OM. MAE
MO. MO. 211 NM MAIO LAU AMA.
A- 30
difb 6
KJELOSEN
SINNOCK
NEUIDECK 1550145. 5. 5. 212
B16. 55500
aria JIL
11111111 lllll
R+Y ' sysr , e ' ANA, 5,1 PR,. L5, Et
I I I I I I I I I iz1 F1nN PLACE FM uo„ o„ .,, oLEVEE
I-771L 1
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
DRYLAND LEVEE EXTENSION COMPARISON
126
San Joaquin Area Flood Control Agency
Mossdale Tract Area
Urban Flood Risk Reduction Project
2023 Cost Estimate Update
EXHIBIT 3
2023 Cost Estimate Breakdown
A- 31
127
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 1 STA 119+ 50
CUTOFF WALL
TO STA 148+ 00
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Degrade Existing Levee ( 1/ 3 Height)
5. Soil- Bentonite ( SB) Cutoff Wall
6. Temporary Cap ( Double Handle)
7. Imported Engineered Fill
8. Class 2 Aggregate Base
9. Reconstruct Existing 8" Pipe
10. Reconstruct Existing 42" Pipe
11. Air Release Valve
12. 8" Valve
13. 42" Valve
14. Encroachment Removal
15. Encroachment Modification
16. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation (Agricultural)
2. Easement Acquisition
5. 4 AC
12,00 CY
69, 100 SF
5, 100 CY
51, 900 TN
2,00 TN
2 EA
6 EA
8 EA
2 EA
6 EA
3 EA
1 EA
128, 300 SF
0. AC
0 EA
10%
3%
2, 700
14 11
14 25
45 58, 800
326, 400
2, 700
3,00
91, 400
13,00
26, 700
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
5, 818, 000
514, 900
154, 500
14, 600
169, 400
760, 10
71, 400
1, 297, 500
99, 000
117, 600
1, 958, 400
21, 600
6,00
548, 400
39,00
26, 700
18, 000
2, 327, 400
290, 90
174, 600
290, 90
116, 400
581, 800
698, 200
174, 600
0 0
0 Conti :
Project Totals 9, 775, 000
Kjeldsen, Sinnock & Neudeck, Inc. Page 1 of 15
A- 32
Print Date: 2/4/023
128
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 2
STA 175+ 45
CUTOFF WALL
TO STA 192+ 00
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Degrade Existing Levee ( 1/ 3 Height)
5. Soil- Bentonite ( SB) Cutoff Wall
6. Temporary Cap ( Double Handle)
7. Imported Engineered Fill
8. Class 2 Aggregate Base
9. Reconstruct Existing 8" Pipe
10. Reconstruct Existing 12" Pipe
11. Reconstruct Existing 16" Pipe
12. Air Release Valve
13. 8" Valve
14. 12" Valve
15. 16" Valve
16. Encroachment Removal
17. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac • uisition
3. 7 AC
13, 400 CY
80, 500 SF
3, 500 CY
30, 500 TN
1, 500 TN
2 EA
1 EA
1 EA
4 EA
2 EA
1 EA
1 EA
3 EA
88, 000 SF
10%
3%
2, 700
14 11
14 25
45 58, 800
78, 400
104, 500
2, 700
3,00
5, 300
11,00
13,00
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
2, 653, 500
234, 900
70, 500
10, 000
187, 600
885, 500
49, 000
762, 500
67, 500
117, 600
78, 400
104, 500
10, 800
6,00
5, 300
11,00
39,00
12, 400
1, 061, 800
132, 700
79,00
132, 700
53, 100
265, 400
318, 500
79,00
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 2 of 15
A- 33
Print Date: 2/4/023
129
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 3
SEEPAGE BERM
STA 190+ 5 TO STA 247+ 00
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Drain Rock Material
6. Sand Filter Material
7. Filter Fabric
8. Class 2 Aggregate Base
9. Reconstruct Existing 8" Pipe
10. Reconstruct Existing 10" Pipe
11. Reconstruct Existing 16" Pipe
12. Reconstruct Existing 20" Pipe
13. Air Release Valve
14. 8" Valve
15. 10" Valve
16. 16" Valve
17. 20" Valve
18. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
Contilrt
3%
3%
20. 8 AC $ 2, 700
195,00 TN $ 25
78, 600 TN $ 45
19, 700 TN $ 45
675, 300 SF $ 0. 66
4, 300 TN $ 45
4 EA $ 58, 800
2 EA $ 71, 900
1 EA $ 104, 500
1 EA $ 124,00
8 EA $ 2, 700
4 EA $ 3,00
2 EA $ 4, 000
1 EA $ 11,00
1 EA $ 23, 600
743, 100 SF $ 0. 14
5%
3%
5%
2%
10%
12%
3%
12. 7 AC $ 32, 700
7 EA $ 65, 300
11, 432, 800
323, 600
323, 600
56, 200
4, 877, 500
3, 537, 000
886, 500
445, 700
193, 500
235,00
143, 800
104, 500
124,00
21, 600
13, 200
8, 000
11,00
23, 600
104,00
4, 573, 400
571, 700
343, 000
571, 700
228, 700
1,43, 300
1, 372, 000
343, 000
872, 400
415, 300
457, 100
Kjeldsen, Sinnock & Neudeck, Inc. Page 3 of 15
A- 34
Print Date: 2/4/023
130
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 4
SEEPAGE BERM
STA 255+ 50 TO STA 259+ 50
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Drain Rock Material
6. Sand Filter Material
7. Filter Fabric
8. Class 2 Aggregate Base
9. Reconstruct Existing 10" Pipe
10. Air Release Valve
11. 10" Valve
12. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac. uisition
Project Totals
1. 4 AC
16, 700 TN
4, 500 TN
1, 200 TN
40, 800 SF
400 TN
1 EA
1 EA
1 EA
45, 600 SF
0. 7 AC
1 EA
3%
3%
2, 700
25 45
45 0. 66
45 71, 900
2, 700
4, 000
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
856, 400
24, 300
24, 300
3, 800
417, 500
202, 500
54, 000
27, 000
18, 000
71, 900
2, 700
4, 000
6, 400
342, 900
42, 900
25, 700
42, 900
17, 200
85, 700
102, 800
25, 700
88, 200
22, 900
65, 300
Kjeldsen, Sinnock & Neudeck, Inc. Page 4 of 15
A- 35
Print Date: 2/4/023
131
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 5
SEEPAGE BERM
STA 270+ 00 TO STA 297+ 75
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Drain Rock Material
6. Sand Filter Material
7. Filter Fabric
8. Class 2 Aggregate Base
9. Reconstruct Existing 10" Pipe
10. Reconstruct Existing 12" Pipe
11. Reconstruct Existing 16" Pipe
12. Air Release Valve
13. 10" Valve
14. 12" Valve
15. 16" Valve
16. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
9. 1 AC
94, 000 TN
31, 400 TN
7, 900 TN
283, 100 SF
2, 100 TN
1 EA
2 EA
1 EA
4 EA
1 EA
2 EA
1 EA
316, 400 SF
5. 1 AC
4 EA
3%
3%
2, 700
25 45
45 0. 66
45 71, 900
78, 400
104, 500
2, 700
4, 000
5, 300
11,00
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
5, 128, 900
145, 200
145, 200
24, 600
2, 350, 000
1, 413, 000
355, 500
186, 900
94, 500
71, 900
156, 800
104, 500
10, 800
4, 000
10, 600
11,00
44, 300
2, 051, 800
256, 500
153, 900
256, 500
102, 600
512, 900
615, 500
153, 900
428, 000
166, 800
261,00
Kjeldsen, Sinnock & Neudeck, Inc. Page 5 of 15
A- 36
Print Date: 2/4/023
132
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 6
STA 311+ 00
CUTOFF WALL
TO STA 362+ 50
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Degrade Existing Levee ( 1/ 3 Height)
5. Soil- Bentonite ( SB) Cutoff Wall
6. Temporary Cap ( Double Handle)
7. Imported Engineered Fill
8. Class 2 Aggregate Base
9. Reconstruct Existing 6" Pipe
10. Reconstruct Existing 8" Pipe
11. Reconstruct Existing 10" Pipe
12. Reconstruct Existing 14" Pipe
13. Air Release Valve
14. 6" Valve
15. 8" Valve
16. 10" Valve
17. 14" Valve
18. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac • uisition
in
10. 8 AC
31, 600 CY
328, 200 SF
9, 200 CY
135, 800 TN
4, 000 TN
1 EA
1 EA
3 EA
1 EA
6 EA
1 EA
1 EA
3 EA
1 EA
314, 200 SF
0. AC
0 EA
10%
3%
2, 700
14 11
14 25
45 52, 300
58, 800
71, 900
98, 000
2, 700
2, 700
3,00
4, 000
9, 200
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
9, 376, 600
829,00
249, 000
29,00
442,00
3, 610, 200
128, 800
3,95, 000
180, 00
52, 300
58, 800
215, 700
98, 000
16, 200
2, 700
3,00
12, 000
9, 200
44, 000
3, 750, 900
468, 900
281, 300
468, 900
187, 600
937, 700
1,25, 200
281, 300
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 6 of 15
A- 37
Print Date: 2/4/023
133
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 7
CUTOFF WALL
STA 388+ 00 TO STA 518+0
Construction
Mobilization
Erosion Control
Clearing and Grubbing
Degrade Existing Levee ( 1/ 3 Height)
Soil- Bentonite ( SB) Cutoff Wall
Temporary Cap ( Double Handle)
Imported Engineered Fill
Class 2 Aggregate Base
Reconstruct Existing 4" Pipe
Reconstruct Existing 6" Pipe
Reconstruct Existing 10" Pipe
Reconstruct Existing 12" Pipe
Reconstruct Existing 14" Pipe
Reconstruct Existing 16" Pipe
Reconstruct Existing 20" Pipe
Reconstruct Existing 36" Pipe
Air Release Valve
4" Valve
6" Valve
10" Valve
12" Valve
14" Valve
16" Valve
20" Valve
36" Valve
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 16.
17. 18.
19. 20.
21. 22.
23. 24.
25. 26. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
Conti
27. 3 AC
66, 100 CY
760, 80 SF
23, 300 CY
277, 000 TN
9,00 TN
1 EA
2 EA
2 EA
5 EA
2 EA
3 EA
1 EA
1 EA
17 EA
1 EA
2 EA
2 EA
5 EA
2 EA
3 EA
1 EA
1 EA
796, 000 SF
0. AC
0 EA
10%
3%
2, 700
14 11
14 25
45 45, 700
52, 300
71, 900
78, 400
98, 000
104, 500
124,00
261,00
2, 700
2, 000
2, 700
4, 000
5, 300
9, 200
11,00
23, 600
71, 900
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
21, 461, 200
1, 899, 300
569, 800
73, 800
925, 400
8, 368, 800
326, 200
6, 925, 000
445, 500
45, 700
104, 600
143, 800
392, 000
196, 000
313, 500
124,00
261,00
45, 900
2, 000
5, 400
8, 000
26, 500
18, 400
33,00
23, 600
71, 900
111, 500
8, 584, 900
1,073,00
643, 900
1, 073, 100
429, 300
2, 146, 200
2, 575, 400
643, 900
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 7 of 15
A- 38
Print Date: 2/4/023
134
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 8
LEVEE RAISE
STA 570+ 00 TO STA 822+0
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Floodwall ( 3' tall)
6. Class 2 Aggregate Base
7. Reconstruct Existing 12" Pipe
8. Reconstruct Existing 16" Pipe
9. Reconstruct Existing 18" Pipe
10. Reconstruct Existing 20" Pipe
11. Reconstruct Existing 48" Pipe
12. Air Release Valve
13. 12" Valve
14. 16" Valve
15. 18" Valve
16. 20" Valve
17. 48" Valve
18. Encroachment Removal
19. Encroachment Modification
20. Hydroseeding
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
Contin
43. 6
350, 90
1, 300
19, 300
3 1
4 1
1 10
3 1
4 1
1 31
3 1, 390, 400
AC
TN
LF
TN
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
SF
8. 6 AC
6 EA
3%
3%
2, 700
25 164
45 78, 400
104, 500
111, 000
124,00
391, 700
2, 700
5, 300
11,00
18, 300
23, 600
111, 000
13,00
130, 60
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
13, 277, 500
375, 800
375, 800
117, 800
8, 772, 500
213,00
868, 500
235,00
104, 500
444, 000
124,00
391, 700
27, 000
15, 900
11,00
73, 200
23, 600
111, 000
406, 100
391, 800
194, 700
5, 311,00
663, 900
398, 400
663, 900
265, 600
1, 327, 800
1, 593, 300
398, 400
673, 400
281, 600
391, 800
Kjeldsen, Sinnock & Neudeck, Inc. Page 8 of 15
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 9
CUTOFF WALL
STA 703+ 00 TO STA 741+ 30
Construction
1. Mobilization
2. Erosion Control
3. Degrade Existing Levee ( 1/ 3 Height)
4. Soil- Bentonite ( SB) Cutoff Wall
5. Temporary Cap ( Double Handle)
6. Imported Engineered Fill
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation (Agricultural)
2. Easement Acquisition
35, 500 CY
287, 500 SF
6, 700 CY
0 TN
0. AC
0 EA
4, 241, 300
10% $ 375, 400
3% $ 112, 600
14 $ 497, 000
11 $ 3, 162, 500
14 $ 93, 800
25 $ 0
1, 696, 900
5% $ 212, 100
3% $ 127, 300
5% $ 212, 100
2% $ 84, 900
10% $ 424, 200
12% $ 509, 000
127, 300
0 0
0 3%
32, 700
65, 300
Kjeldsen, Sinnock & Neudeck, Inc. Page 9 of 15
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 10
CUTOFF WALL
STA 781+ 00 TO STA 799+ 50
Construction
1. Mobilization
2. Erosion Control
3. Degrade Existing Levee ( 1/ 3 Height)
4. Soil- Bentonite ( SB) Cutoff Wall
5. Temporary Cap ( Double Handle)
6. Imported Engineered Fill
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Accuisition
17, 300 CY
132, 200 SF
3, 200 CY
0 TN
0. AC
0 EA
10%
3%
14 11
14 25
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
1, 967, 700
174, 200
52, 300
242,00
1, 454, 200
44, 800
0 787, 400
98, 400
59, 100
98, 400
39, 400
196, 800
236,00
59, 100
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 10 of 15
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 11
LEVEE RAISE @ WALTHALL SLOUGH
STA 822+0 TO STA 853+ 96
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Imported Engineered Fill
5. Class 2 Aggregate Base
6. Reconstruct Existing 20" Pipe
7. Air Release Valve
8. 20" Valve
9. Hydroseeding
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Ac• uisition
5. 3 AC
16, 700 TN
2, 400 TN
1 EA
1 EA
1 EA
168, 900 SF
0. AC
0 EA
3%
3%
2, 700
25 45
124,00
2, 700
23, 600
0. 14
5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
757, 000
21, 500
21, 500
14, 400
417, 500
108, 000
124,00
2, 700
23, 600
23, 700
303, 200
37, 900
22, 800
37, 900
15, 200
75,00
90,00
22, 800
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 11 of 15
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 12
LEVEE RAISE & SEEPAGE BERM @ DRYLAND LEVEE
STA 853+ 96 TO STA 908+ 60
Construction
1. Mobilization
2. Erosion Control
3. Traffic Control
4. AC Pavement Repairs
5. Clearing and Grubbing
6. Imported Engineered Fill
7. Drain Rock Material
8. Sand Filter Material
9. Filter Fabric
10. Class 2 Aggregate Base
11. Encroachment Modification
12. Hydroseeding
13. Quarry Stone Riprap
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
2. Easement Acquisition
1 20, 000
50. 9
144, 300
51, 900
13, 000
481, 600
4, 100
1 1, 067, 300
7, 300
LS
SF
AC
TN
TN
TN
SF
TN
EA
SF
TN
3%
3%
65, 300
14 2, 700
25 45
45 0. 66
45 130, 60
0. 14
59 5%
3%
5%
2%
10%
12%
3%
19. 4 AC $ 32, 700
5 EA $ 65, 300
8, 717, 600
246, 800
246, 800
65, 300
280, 00
137, 500
3, 607, 500
2, 335, 500
585, 000
317, 900
184, 500
130, 60
149, 500
430, 70
3, 487,00
435, 900
261, 600
435, 900
174, 400
871,00
1, 046, 200
261, 600
960,0
634, 400
326, 500
Kjeldsen, Sinnock & Neudeck, Inc. Page 12 of 15
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 13
EROSION REPAIRS
STA 0+0 TO STA 908+ 60
Construction
1. Mobilization
2. Erosion Control
3. Clearing and Grubbing
4. Quarry Stone Riprap
Mangement / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation ( Agricultural)
Easement Ac• uisition
34. 0 AC
115, 600 TN
0. AC
0 EA
3%
3%
2, 700
59 5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
7, 327, 000
207, 400
207, 400
91, 800
6, 820, 400
2, 931, 200
366, 400
219, 900
366, 400
146, 600
732,00
879, 300
219, 900
0 0
0 Kjeldsen, Sinnock & Neudeck, Inc. Page 13 of 15
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140
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 14
RIGHT- OF- WAYACQUISITION ( EXISTING DEFICIENCIES)
STA 0+0 TO STA 908+ 60
Real Estate
1. Land Valuation ( Agricultural)
2. Land Valuation ( Residential)
3. Land Valuation ( Commercial)
4. Improvement Valuation ( Residential)
5. Easement Acquisition
6. Easement Acquisition Oak Shores
40. 7 AC
3. 0 AC
1. 0 AC
15 EA
113 EA
1 EA
32, 700
326, 400
326, 400
195, 900
65, 300
522, 300
13, 476, 200
1, 330, 900
979, 200
326, 400
2, 938, 500
7, 378, 900
522, 300
Kjeldsen, Sinnock & Neudeck, Inc. Page 14 of 15
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SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
SAN JOAQUIN COUNTY, CALIFORNIA
2023 OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
Item Description Qty Unit Unit Price Total
PROJECT
ID 15
DRYLAND LEVEE EXTENSION
STA 908+ 60 TO STA 1030+ 53
Construction
1. Mobilization
2. Erosion Control
3. Traffic Control
4. AC Pavement Repairs
5. Clearing and Grubbing
6. Excavate Levee Keyway
7. Imported Engineered Fill
8. Drain Rock Material
9. Sand Filter Material
10. Filter Fabric
11. Class 2 Aggregate Base
12. Encroachment Removal
13. Encroachment Modification
14. Relocate Ditch
15. Hydroseeding
16. Quarry Stone Riprap
Management / Environmental / Engineering
1. Administration
2. Planning
3. Environmental and Permitting
4. Geotechnical Engineering
5. Surveying and Civil Engineering
6. Construction Management and Inspection
7. Mitigation
Real Estate
1. Land Valuation (Agricultural)
2. Easement Accjuisition
Project Totals
1 LS
70, 000 SF
80. AC
32, 600 CY
781, 600 TN
58, 100 TN
14, 600 TN
391, 700 SF
9, 300 TN
2 EA
3 EA
9, 100 LF
1, 761, 100 SF
22,00 TN
3%
3%
159, 400
14 6, 700
14 25
45 45
0. 66
45 66, 500
130, 60
14 0. 14
59 5%
3%
5%
2%
10%
12%
3%
32, 700
65, 300
29, 504, 900
835, 100
835, 100
159, 400
980, 00
541, 700
456,00
19, 540, 000
2, 614, 500
657, 000
258, 600
418, 500
133, 000
391, 800
127, 400
246, 600
1, 309, 800
11, 802, 200
1, 475, 300
885, 200
1, 475, 300
590, 10
2, 950, 500
3, 540, 600
885, 200
4, 140, 900
2, 704, 300
1, 436, 600
Kjeldsen, Sinnock & Neudeck, Inc. Page 15 of 15
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San Joaquin Area Flood Control Agency
2022 Annual Adequate Progress Report Update
January 24, 2023
APPENDIX B:
SAN JOAQUIN AREA FLOOD CONTROL AGENCY RESOLUTION NO. 22- 07:
RESOLUTION DIRECTING STAFF TO WORK WITH THE MEMBER LAND USE
AGENCIES TO FINALIZE THE MOSSDALE TRACT URBAN LEVEL OF FLOOD
PROTECTION DEVELOPMENT IMPACT FEE UPDATE AND AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE AN AMENDED COLLECTION AGREEMENT
EXCLUDING THE FINAL NEXUS STUDY UPDATE)
AMENDED AGREEMENT FOR COLLECTION OF SAN JOAQUIN AREA FLOOD
CONTROL AGENCY MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF
PROTECTION DEVELOPMENT IMPACT FEE ( PARTIAL EXECUTION COPY)
DEVELOPMENT IMPACT FEE PROGRAM SUPPORTING TABLES
Reso 22- 07 SJAFCA Resolution Adopting Regional Impact Fee Program 81 Agmt Amended Collection Agreement for Regional Impact Fee B3 Table B1 Development Fee Summary B20
Table B2 Total Development Impact Fee Revenue Estimate B21 Table B3 Development Impact Fee Revenue Estimate - Single Family B22 Table B4 Development Impact Fee Revenue Estimate — Multifamily B23 Table B5 Development Impact Fee Revenue Estimate — Commercial B24 Table B6 Development Impact Fee Revenue Estimate — Industrial B25 Table 137 Creditable Pre -Project Expenditures 826
LWA
LARSEN WURZEI
Associates. Inc.
143 1801014 Adequate Progress Report Appendix Covers 2024 0903. docx
ATTACHMENT A
RESOLUTION NO. SJAFCA 22- 07
SAN JOAQUIN AREA
FLOOD CONTROL AGENCY
RESOLUTION DIRECTING STAFF TO WORK WITH THE MEMBER LAND USE
AGENCIES TO FINALIZE THE MOSSDALE TRACT AREA REGIONAL URBAN
LEVEL OF FLOOD PROTECTION DEVELOPMENT IMPACT FEE UDPATE AND
AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN AMENDED
COLLECTION AGREEMENT
WHEREAS, in November 2018 the SJAFCA Board of Directors approved the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee Program Impact Fee Program") Nexus Study and authorized the execution of a collection agreement for said program with its member land use agencies; and WHEREAS, since the approval of the Impact Fee Program Nexus Study, several key factors reflected in the Nexus have changed including changes to the overall costs of the levee improvement program, the approach to financing the improvements and projections of development upon which the Nexus Study apportions the cost necessitating and update to the Nexus Study and associated collection agreement; and WHEREAS, SJAFCA now desires to work with its member Land Use Agencies to implement an update to the Impact Fee Program.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SAN JOAQUIN AREA FLOOD CONTROL AGENCY, AS FOLLOWS:
1. The SJAFCA Board of Directors hereby directs staff to work with the member Land Use Agencies to finalize for adoption by the member land use agencies the Draft Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee Nexus Study Update Dated February 23, 2022 attached hereto as Exhibit 1.
2. The Development Fee will be collected by the Land Use Agencies in accordance with an Amended Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee. The Board authorizes the Executive Director, after consultation with Agency Counsel, to execute a collection agreement substantially in the form attached hereto as Exhibit 2.
PASSED, APPROVED AND ADOPTED this 17th day of March 2022.
SJAFCA Resolution 22- 07
B- 1
144
ATTACHMENT A
ATTEST:
CHRIS ELIAS, Secretary
of the San Joaquin Area
Flood Control Agency
APPROVED AS TO F
S • ' L.: ' ' O - • al Counsel
fe
Flood
Area
y
DAN WRIGHT, Chair
of the San Joaquin Area
Flood Control Agency
SJAFCA Resolution 22- 07
B- 2
145
Exhibit 2
AMENDED AGREEMENT FOR COLLECTION OF
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF
FLOOD PROTECTION DEVELOPMENT IMPACT FEE
This Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee (" Agreement") is made and entered into on the date it is effective pursuant to Section 12 by and among the following parties:
a. City of Stockton, hereinafter referred to as " Stockton"; b. County of San Joaquin, hereinafter referred to as " County"; c. City of Lathrop, hereinafter referred to as "Lathrop;" d. City of Manteca, hereinafter referred to as "Manteca;" and, e. The San Joaquin Area Flood Control Agency, herein referred to as SJAFCA."
A signatory to this Agreement is referred to herein as a Party, and collectively each Party is referred to as the Parties.
RECITALS
WHEREAS, in January of 2018, Stockton, the County, the San Joaquin County Flood Control and Water Conservation District (" SJCFCWCD"), Lathrop, and Manteca executed an Amended and Restated Joint Exercise of Powers Agreement (" JEPA") to reform the San Joaquin Area Flood Control Agency ("Agency") with a common goal of expanding the Agency to allow a coordinated effort to reduce flood risk in the Mossdale Tract Area ( the " Program").
ims3 vl
AMENDED Agreement for Collection ofSan Joaquin Area Flood Control Agency Development Impact Fee
B- 3
146
WHEREAS, SJAFCA, through certain state legislation and through the execution of the Amended and Restated Joint Exercise of Powers Agreement, has legal authority to prescribe, revise and collect fees as a condition of development of land ( JEPA Section 7. m) for the purpose of assisting in the financing of flood control facilities, including the authority to make such fees applicable to development of land within the County, Stockton, Lathrop, and Manteca ( collectively, " the Land Use Agencies").
WHEREAS, SJAFCA exercised this authority for the purpose of assisting in the financing of levee improvements and related flood risk reduction measures necessary to provide at least a 200 -year level of flood protection to lands within the 200 -year floodplain along the San Joaquin River in the Mossdale Tract Area (" Program Area") and to thereby offset the increase in damageable property that is placed in the levee protected floodplain as new development occurs in this area.
WHEREAS, SJAFCA prepared a Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee Nexus Study (" Nexus Study") dated November 8, 2018 that described and determined the applicable Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee (" DIF").
WHEREAS, SJAFCA has now prepared an updated Nexus Study, dated February 23, 2022, that again describes and determines an updated DIF.
WHEREAS, each of the Parties has adopted or will adopt the updated Nexus Study which creates an updated DIF for the Program Area.
WHEREAS, SJAFCA has requested that the Land Use Agencies, as a condition of issuance of a building permit for new development in the Program Area, as shown on Figure 1 in the Nexus Study, that is within each of the Land Use Agency' sland use authority, collect and transmit to SJAFCA the updated DIF for the development project for which such building permit is to be issued.
WHEREAS, the Land Use Agencies are willing and desire to collect the DIF and to transmit the DIF to SJAFCA, and the Land Use Agencies and SJAFCA desire to set forth the standards applicable to the collection of the DIF. 17775380
AMENDED Agreement for Collection of San Joaquin Area Flood Contiol Agency Development Impact Fee
B- 4
147
COVENANTS
In consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows:
1. Incorporation of Recitals. The above recitals are incorporated in this Agreement by reference.
2. Collection and Transmission of DIF. Commencing with the effective date of the updated DIF, the Land Use Agencies shall collect the updated DIF as a condition of issuance of a building permit for any building, for which a building permit is required, located in the Program Area. The Land Use Agencies shall transmit to SJAFCA all amounts of the DIF that have been collected, minus the hold -back processing fee for the Land Use Agencies adopted pursuant to the Nexus Study. The methodology for computing the DIF, together with other procedural criteria, are specified in the Nexus Study.
3. Deposit of DIF. SJAFCA shall maintain a separate capital facilities account into which the Land Use Agencies shall, at least quarterly, deposit the DIF funds collected by the Land Use Agencies. Any interest earned on the DIF while held by the Land Use Agency shall also be deposited by the Land Use Agency.
4. Periodic Update of the DIF. SJAFCA shall promptly notify the Land Use Agencies of any necessary adjustments to the DIF to be made by the Parties from time to time.
5. Application of Fee Crediting and Reimbursement Policies. The Parties agree that in order to have a fair application of this Agreement, the DIF and the funds it will generate within each Land Use Agency, it is necessary to agree to principles which will be applied by any Land Use Agency when certain conditions occur. In such cases, the Land Use Agencies agree to apply the principles contained in Exhibit B to Collection Agreement. The relevant conditions are as follows:
imssavI
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
B- 5
148
a. The Land Use Agency has previously collected funds pursuant to a funding agreement with a developer in advance of when the fee would otherwise be due pursuant to the DIF Resolution and the funds are to be used to plan, design, and/ or construct a portion of the Program; or,
b. The Land Use Agency has entered into an agreement with a developer to plan, design and/ or construction a portion of the Program; or,
c. The Land Use Agency itself has funded the planning, design and/ or construction a portion of the Program.
6. Refunds. In the event that a Land Use Agency collects the DIF or a portion of the DIF in error, the Land Use Agency will recalculate the correct DIF amount, process a refund to the customer, if necessary, and notify SJAFCA of this action.
SJAFCA shall promptly refund any amount due to the Land Use Agency as a result of such error, or upon request of the Land Use Agency shall work with the Land Use Agency to true -up amounts owing in conjunction with the Land Use Agency forwarding future DIFs. In the event that a Land Use Agency requests that SJAFCA process a refund due to a building permit expiring without construction taking place, SJAFCA shall promptly process such refund to the Land Use Agency minus any costs incurred by SJAFCA in processing such refund.
7. Payment of DIF under Protest. Pursuant to Title 7, Division 1, Chapter 9 of the California Government Code, commencing with § 66020, any aggrieved landowner shall be entitled to pay the applicable DIF to a Land Use Agency under protest. The protest procedures set forth therein shall apply to the DIF paid under protest.
8. Appeal. SJAFCA' sBoard of Directors shall hear all appeals for waiver or reduction in SJAFCA' sDIF. The Board of Directors may adopt such policies as it wishes for the processing of the appeal and shall have the sole authority to grant or deny the 17775380
AMENDED Agreement for Collection of San Joaquin AreaFlood Control Agency Development Impact Fee
B- 6
149
appeal. Within 5 business days following the final action of its Board of Directors regarding an appeal, SJAFCA shall notify the affected Land Use Agency in writing of its determination.
9. Compensation of Land Use Agencies. In consideration for collecting the DIF and consistent with the hold -back provided for in Section 2, SJAFCA shall reimburse the Land Use Agencies for their cost of time and materials for calculating, reporting, collecting, and processing functions. Such costs shall include the time and materials expended by, but not limited to, employees of the relevant Community Services Department, the Auditor -Controller' sdepartment, the Land Use Agencies' administrative office, and the information technology department. The Parties agree that a charge of 3% of the DIF is a reasonable estimate of the Land Use Agencies' cost of time and materials for calculating, reporting, collecting, and processing of the DIF.
Each Land Use Agency and SJAFCA may agree to a different amount that reflects the Land Use Agency' sactual cost of collection by executing a letter agreement without the need to amend this Agreement.
10. Relationship to Enhanced Infrastructure Financing District.
The Parties acknowledge that as a separate action, the Land Use Agencies are also collaborating on the creation of an enhanced infrastructure financing district (" EIFD") which will collect funds from a portion of property taxes paid in the Program Area to also fund, in addition to the DIF, levee improvements protecting the Program Area. For the EIFD, the Land Use Agencies have agreed that the County will contribute a larger share of EIFD payments for an initial period, in exchange for the County receiving priority repayment of some of those funds from the DIF collected under this Agreement.
Attached hereto as Exhibit A are the key terms showing the mechanism of such priority repayment and each of the Land Use Entities agrees to such priority repayment.
11. Indemnification.
a. Except as provided in Section 11. b., SJAFCA agrees to indemnify, hold harmless and defend the Land Use Agencies, their Board of Supervisors or City I777538v!
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
B- 7
150
Council, officers, directors, agents and employees from and against any and all demands, liabilities, claims, actions, costs, damages, losses, litigation or expenses including attorney' sfees) arising out of or in any way related to, directly or indirectly, any action taken by the Land Use Agencies to collect the DIF and/ ortheir performance of the obligations of this Agreement. This indemnification shall extend and apply to any claim, demand, or litigation pertaining to the lawfulness or validity of the SJAFCA DIF. b. Each Land Use Agency agrees to indemnify, hold harmless and defend SJAFCA, its Board of Director, officers, agents and employees from and against any and all demands, liabilities, claims, actions, costs, damages, losses, litigation or expenses ( including attorney' sfees) arising out of or in any way related to, directly or indirectly, any criminal, reckless, or wrongful action taken by the Land Use Agency or its employees in the collection or processing of the DIF.
12. Notices. Notice to be provided to any Party to this Agreement arising out of matters pertaining to this Agreement shall be addressed as follows:
For County and SJCFCWCD:
San Joaquin County Department of Public Works
ATTN: Public Works Director
P. O. Box 1810
Stockton, California 95201
For City of Lathrop:
City of Lathrop
ATTN: Teresa Vargas, City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
For City of Manteca:
City of Manteca
ATTN: City Clerk
1771538v1
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
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151
1001 W. Center Street
Manteca, CA 95337
For City of Stockton:
City of Stockton Community Development Department
ATTN: Community Development Director
424 N. El Dorado Street
Stockton, CA 95202
Any party may change the address to which subsequent notice and/ or other communications can be sent by giving written notice designating a change of address to the other Parties, which shall be effective upon receipt.
13. Term. This Agreement shall be effective as to SJAFCA and any Land Use Agency, once SJAFCA and the Land Use Agency both execute this Agreement and also adopt the DIF, and shall be effective as to each additional Land Use Agency once this Agreement is executed by that Land Use Agency and the DIF is adopted, and shall end when either (1) SJAFCA terminates the Agreement in accordance with Section 14, or (ii) all adopting Land Use Agencies have terminated the Agreement in accordance with Section 14.
14. Withdrawal from Agreement. Any Land Use Agency that has executed this Agreement, or SJAFCA, may withdraw from this Agreement by giving the other Parties at least six (6) months written notice of withdrawal. In the event of withdrawal by a Land Use Agency, that Land Use Agency shall, within 10 days of effective withdrawal, cause to be deposited into SJAFCA' s
separate capital facilities account all DIF funds collected prior to withdrawal.
15. Modifications. This Agreement contains the entire understanding of the Parties and no alteration, amendment, variation, or waiver of the terms of this Agreement shall be valid unless made in writing and signed by all Parties. Waiver by any Party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. 177753Bv1
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
Page7of13
B- 9
152
16. Governing Laws and Jurisdiction. This Agreement shall be deemed to have been executed and to be performed within the State of California and shall be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement shalt be brought in the Superior Court of San Joaquin County, California.
17. Assignment; Binding on Successors. The rights and duties of the Parties may not be assigned or delegated without the written consent of all other Parties. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties hereto, respectively. Any approved assignment or delegation shall be consistent with the terms of any contracts, resolutions, indemnities and other obligations of the Agency then in effect.
18. Interpretation. This Agreement shall be deemed to have been prepared equally by all of the Parties, and the Agreement and its individual provisions shall not be construed or interpreted more favorably for one Party on the basis that another Party prepared it.
19. Entire Agreement. This Agreement constitutes the entire contract between the Parties regarding the collection, deposit, and reporting of the DIF. Any prior agreements, regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement.
20. Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
21. Duplicate Counterparts. This Agreement may be executed in duplicate counterparts. The Agreement shall be deemed executed when it has been signed by SJAFCA and at least one of the Land Use Agencies.
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AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee