ITEM 4. 18
CITY MANAGER' SREPORT
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE FINDING FOR 200 -YEAR URBAN LEVEL OF
FLOOD PROTECTION FOR THE RIVER ISLANDS
PROJECT
RECOMMENDATION: Adopt Resolution to Approve Finding for 200 -Year Urban Level of Flood Protection for the River Islands
Project within Island Reclamation District No. 2062
SUMMARY:
Senate BiII 5 ( SB 5) and companion legislation require cities and counties within the Sacramento - San Joaquin Valley to make a
finding of 200 -year Urban Level of Flood
Protection ( ULOP) or adequate progress before certain land use approvals no later than July 2, 2016, following required General Plan and zoning updates. Since 2016, the City Council has adopted annual Adequate Progress Findings ( APFs) for Island Reclamation District No. 2062 ( RD 2062) on June 20, 2016, June 5, 2017, July 9, 2018, July 8, 2019, October 12, 2020, July 12, 2021, July 11, 2022, July 10, 2023, and June 3, 2024, enabling continued permitting while improvements advanced. RD 2062 has submitted District Engineer documentation supporting a City ULOP Finding pursuant to the California Department of Water Resources' ( DWR) ULOP Criteria, consistent with the 2024 schedule anticipating an ULOP submittal in 2025.
BACKGROUND:
DWR developed the ULOP Criteria and Urban Levee Design Criteria ( ULDC) pursuant to the Central Valley Flood Protection Act of 2008 ( enacted by SB 5 in 200. 7 and amended in 2012) and the Central Valley Flood Protection Plan ( CVFPP) adopted by the Central Valley Flood Protection Board ( CVFPB) in 2012 to guide 200 -year findings before specified land use approvals. Locally, the City implemented SB 5 by adopting Resolution No. 15- 3955 on July 6, 2015 to incorporate State flood legislation into the General Plan and Ordinance No. 16- 361 on June 6, 2016 to codify required provisions in the Lathrop Municipal Code ( LMC) Chapter 17.7 and establish the findings procedure in LMC Section 17. 030. Under SB 5 and LMC Section 17. 030, approvals may proceed upon one of three findings: a 200 -year ULOP exists, conditions will achieve it, or adequate progress is being made by applicable deadlines.
RD 2062 is the local flood management agency for the River Islands project. Levees constructed for River Islands Phase 1 and Phase 2 by RD 2062 meet the 2012 ULDC standards. Phase 2 construction is complete, associated operations and maintenance O&M), and easement actions have been advanced as reflected in the 2024 APF.
Supporting engineering materials were provided to the City Engineer for review and are on file with the City Clerk and available on the City' s website for public review.
CITY MANAGER' S REPORT PAGE 2
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING
APPROVE FINDING FOR 200 -YEAR URBAN LEVEL OF FLOOD PROTECTION
FOR THE RIVER ISLANDS PROJECT
A ULOP Finding enables continued approval of affected land use decisions in the River Islands project based on substantial evidence that local flood management facilities provide the required 200 -year protection for urban and urbanizing areas in the Valley.
This ULOP Finding is based on State Plan of Flood Control ( SPFC) facilities as rehabilitated and reconstructed by RD 2062, together with RD 2062 -owned and operated facilities, evaluated against DWR' s ULDC and ULOP Criteria. Under DWR guidance, such a
finding may remain effective for up to 20 years, subject to periodic review at least every five ( 5) years and updates if significant changes occur. The City and RD 2062 will continue coordination on flood protection for River Islands, including public education on the Stewart Tract and annual flood -fighting training with first responder agencies, consistent with prior practice.
REASON FOR RECOMMENDATION:
The District Engineer' s evidence, prepared by a California Professional Civil Engineer and reviewed consistent with DWR' s ULOP Criteria, constitutes substantial evidence supporting a 200 -year ULOP Finding for the River Islands development within RD 2062. Adoption of the Resolution conforms City actions with SB 5 requirements for this area and transitions approvals from adequate progress to a ULOP Finding.
FISCAL IMPACT:
There is no fiscal impact to the City as all costs for technical reports, studies, and City review have been funded by RD 2062 and River Islands, consistent with prior annual actions.
ATTACHMENTS:
A. Resolution to Approve Finding for 200 -Year Urban Level of Flood Protection for the River Islands Development within Island Reclamation District No. 2062
B. RD 2062 Flood Protection and Levee System Exhibit
C. Draft Letter from the City to the Central Valley Flood Protection Board CVFPB) providing required notification of the ULOP Finding CITY MANAGER' SREPORT PAGE 3
OCTOBER 13, 2025 CITY COUNCIL REGULAR MEETING
APPROVE FINDING FOR 200 -YEAR URBAN LEVEL OF FLOOD PROTECTION
FOR THE RIVER ISLANDS PROJECT
APPROVALS:
Brad/ Tylor
City Engineer
Date
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Thomas Hedegard Date
Deputy City Manager
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE FINDING FOR 200 -YEAR URBAN LEVEL OF FLOOD PROTECTION
FOR THE RIVER ISLANDS PROJECT WITHIN ISLAND RECLAMATION DISTRICT NO. 2062
WHEREAS, California Senate Bill 5 ( SB 5), enacted in 2007 and amended in 2012, requires land use agencies within the Sacramento - San Joaquin Valley ( Valley) to ensure a 200 -year Urban Level of Flood Protection ( ULOP) before specified approvals and to implement related General Plan and zoning updates, which the Central Valley Flood Protection Board ( CVFPB) advanced through adoption of the Central Valley Flood Protection Plan ( CVFPP) in 2012; and WHEREAS, the City implemented SB 5 locally by adopting Resolution No. 15- 3955 on July 6, 2015, to incorporate State flood legislation into the General Plan General Plan Amendment No. 16- 03), and by adopting Ordinance No. 16- 361 on June 6, 2016, to codify required provisions in the Lathrop Municipal Code ( LMC) Chapter 17.7, establishing findings procedures under LMC Section 17. 030; and WHEREAS, SB 5 and LMC Section 17. 030 authorize proceeding upon one of three findings before specified approvals: ( 1) a 200 -year ULOP exists, ( 2) conditions are imposed to achieve 200 -year protection, or ( 3) adequate progress is being made toward 200 -year protection by applicable deadlines; and WHEREAS, the California Department of Water Resources ( DWR) developed the ULOP Criteria and Urban Levee Design Criteria ( ULDC) to guide 200 -year findings and facility performance standards for urban areas in the Valley; and WHEREAS, Island Reclamation District No. 2062 ( RD 2062), the local flood management agency for the River Islands project, constructed levees for Phase 1 and Phase 2, meeting the 2012 ULDC standards, completed Phase 2 construction, advanced associated operations and maintenance ( O&M), and easement actions, with the District Engineer providing supporting materials to the City Engineer and maintaining public access through the City Clerk and City website; and WHEREAS, since 2016 the City Council has adopted annual Adequate Progress Findings ( APFs) for RD 2062 enabling continued permitting while improvements advanced, culminating in a 2024 APF and the submittal of ULOP certification documentation anticipated in 2025 to transition from adequate progress to a ULOP finding; and
WHEREAS, under DWR guidance, a ULOP Finding based on flood facilities may remain effective for up to 20 years, subject to periodic review at least every five ( 5) years and updates if significant changes occur, ensuring continued conformance with State criteria; and
WHEREAS, the District Engineer' s evidence, prepared by a California Professional Civil Engineer and reviewed consistent with DWR' s ULOP Criteria, constitutes substantial evidence supporting a 200 -year ULOP Finding for the River Islands development within RD 2062.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lathrop, acting as the land use agency under State law:
1. The City Council accepts the Engineer' sReport, appendices, and supporting documentation provided by RD 2062 as substantial evidence and approves a ULOP Finding that the State Plan of Flood Control ( SPFC) facilities as rehabilitated and reconstructed by RD 2062, together with facilities owned and operated by RD 2062, provide an Urban Level of Flood Protection consistent with DWR' s ULDC and ULOP Criteria for the River Islands development as of the date of this Resolution.
2. The City will conduct periodic reviews at least every five ( 5) years, and sooner if warranted by significant physical or operational changes, to determine whether the ULOP Finding remains supported by substantial evidence and will coordinate with RD 2062 to obtain the information necessary for such reviews.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 13th day of October 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney LEGEND
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CITY OF LATHROP LETTERHEAD]
ATTACHMENT
L „
October , 2025
Mr. Chris Lief, Executive Officer
Central Valley Flood Protection Board
3310 El Camino Avenue, Suite 170
Sacramento, CA 95821
Re: Adoption of Urban Level of Protection Finding by the City of Lathrop - River Islands at Lathrop Phase 1 and Phase 2 Areas, Lathrop, CA
At its October 13, 2025 regular meeting, the City of Lathrop City Council approved an Adequate Progress Finding for the entirety of the River Islands at Lathrop master planned community ( Phase 1 and Phase 2 Areas) in accordance with the requirements of Government Code 65007( n) and the Urban Level of Flood Protection Criteria issued by the Department of Water Resources in 2012. A copy of the Council' s resolution is attached to this correspondence for your records.
Island Reclamation District No. 2062, as the local flood management agency for River
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Questions on the matter may be referred to Ms. Becky Money at money@mbkengineers. com or 916- 456-400.
Sincerely,
Brad Taylor, PE
City Engineer
cc: Susan Dell' Osso, President - RD 2062
Becky Money, MBK Engineers