RESOLUTION R2022-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, (1) APPROVING and ADOPTING the UPDATED Nexus Study; (2) STATING that the Updated Nexus Study supersedes any prior nexus study adopted in relation to development impact fees for the Mossdale Tract area; (3) STATING that proposed development impact fee shall be considered for adoption by ordinance at a second scheduled public hearing on September 20, 2022; (4) APPROVING the Amended Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee; (5) DELEGATING authority to the City Manager to execute the amended collection agreement, substantially in the form attached, with the San Joaquin Area Flood Control Agency (SJAFCA), San Joaquin County, and the cities of Lathrop and Stockton; and (6) DETERMINING that adoption of this Resolution is not a “project” subject to the California Environmental Quality Act.
WHEREAS, the Mitigation Fee Act (Act) (California Government Code Section 66000 et seq.) authorizes a local agency to impose impact fees as a condition of approval of development projects to help defray the costs of public infrastructure and facilities that will be needed to serve the proposed development; and WHEREAS, Section 66016.5(a) of the Act requires that prior to adopting a development impact fee, a local agency must adopt an impact fee nexus study that establishes the connection between the proposed fee and the actual impacts of development on the local public infrastructure and facilities; and WHEREAS, the Central Valley Flood Protection Act of 2008 and Department of Water Resources (DWR) standards require that all cities and counties within the Sacramento-San Joaquin Valley make findings related to a 200-year Urban Level of Flood Protection (ULOP) or the national Federal Emergency Management Agency (FEMA) standard of flood protection before making certain land use approvals; and WHEREAS, in January of 2018, the City of Manteca (City), the San Joaquin County Flood Control and Water Conservation District (SJCFCWCD), the City of Stockton, the City of Lathrop, and the County of San Joaquin executed an Amended and Restated Joint Exercise of Powers Agreement to reform the San Joaquin Area Flood Control Agency (SJAFCA), with a common goal of reducing flood risk in the Mossdale Tract Area (Mossdale Tract); and WHEREAS, in 2018 SJAFCA, on behalf of its member agencies, approved a nexus study and Regional Levee Fee Program to fund 200-year flood protection improvements for Mossdale Tract; however, several key factors affecting the fee calculations have changed in the intervening years necessitating an update to the Regional Levee Fee Program; and WHEREAS, SJAFCA has prepared the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee Update Nexus Study (Nexus Study), attached hereto as Exhibit 1, which incorporates updated costs, funding approaches, and development projections; and WHEREAS, in accordance with Section 66016.5(a)(7) of the Act, notice was published in the Manteca Bulletin on August 19, 2022, providing 30 days’ notification of the time and place for a public hearing to consider and adopt the Nexus Study. Notice of the hearing was also provided 14 days prior to the public hearing to those interested parties who requested, in writing, notice of meetings on new or increased fees or service charges; and WHEREAS, a public hearing was held on September 20, 2022, at a regularly scheduled meeting of the Manteca City Council (Council) to hear and consider the Nexus Study and its findings, as presented by SJAFCA staff and consultants, and any written and oral presentations from interested members of the public regarding the Nexus Study and the proposed development impact fee; and WHEREAS, the Nexus Study identifies the existing level of service and states that the existing levees protecting the Mossdale Tract do not meet state Urban Levee Design Criteria (ULDC) standards adopted by DWR in May 2012, and are not currently certified to provide 200-year ULOP; and WHEREAS, the Nexus Study finds the development impact fee will fund levee improvements that meet state ULDC standards and achieve 200-year ULOP while offsetting the increase in damageable property that will be placed in the levee-protected floodplain as new development occurs in the area, and that the fee is needed to implement Phase 4 levee improvements to the Mossdale Tract and repay funds advanced by developers and local agencies to support early implementation of the improvements; and WHEREAS, the Nexus Study includes appropriate findings that a fee charged on a gross developable acreage basis bears a reasonable relationship between the fee being charged and the burden posed by the development, and that fees charged on housing developments need not be calculated on a square footage basis, consistent with the requirements of Section 66016.5(a) of the Act; and WHEREAS, SJAFCA has requested that the County of San Joaquin and the cities of Lathrop, Stockton, and Manteca enter into an amended agreement to collect the proposed development impact fees as a condition of issuing building permits for new development in the Mossdale Tract within each party’s respective land use authority and provide those funds to SJAFCA; and WHEREAS, SJAFCA has prepared an Amended Collection Agreement for Collection of the San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee (Collection Agreement), attached hereto as Exhibit 2, for the County and the cities of Lathrop, Stockton, and Manteca to execute.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
2. The Council hereby approves and adopts the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee Update Nexus Study prepared by SJAFCA and attached hereto as Exhibit 1.
3. The Nexus Study adopted by this Resolution supersedes any prior nexus study adopted in relation to development impact fees for the Mossdale Tract Area, and shall be updated at least every eight years, in accordance with Section 66016(a)(8) of the Act.
4. The proposed development impact fee, along with any evidence regarding the proposed fee calculation, assumptions, or methodology, shall be considered for adoption by ordinance at a second scheduled public hearing on September 20, 2022, to be noticed and held in accordance with Sections 66018 and 66019 of the Act.
5. The Council hereby approves the Amended Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee, attached hereto as Exhibit 2, and affirms that any adopted impact development fee will be collected by the City in accordance with the Collection Agreement.
6. The City Manager is hereby authorized to execute the Collection Agreement substantially in the form attached, subject to review and approval by the City Attorney, and take whatever other actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
7. The adoption of this Resolution is not a “project” subject to the California Environmental Quality Act (“CEQA”) because it is in furtherance of the creation of a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the resolved actions may have a significant effect on the environment, in that this Resolution contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures (CEQA Guidelines Section 15061(b)(3)).
8. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 20th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
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