2024 Annual Adequate Progress Report Update
December 31, 2024
2315334 Mossdale APR 2024 Update 2024 1227.docx i
2450 Venture Oaks Way, Suite 240
Sacramento, CA 95833
Mossdale Tract Program:
2024 Annual
Adequate Progress
Report Update
FOR URBAN LEVEL OF PROTECTION
Prepared for: The San Joaquin Area Flood Control Agency (SJAFCA) December 31, 2024
ATTACHMENT 2
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
2315334 Mossdale APR 2024 Update 2024 1227.docx i
TABLE OF CONTENTS
Overview & Context................................................................................................................................... 1 Land Use and LFMA Requirements for Maintaining Findings of Adequate Progress toward ULOP .................. 1 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 .................................................................................................................................... 6 Summary of Scope, Schedule & Cost.................................................................................................................. 7 Schedule ....................................................................................................................................................... 8 Total Program Costs ..................................................................................................................................... 8 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 ATTACHMENT 2
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
2315334 Mossdale APR 2024 Update 2024 1227.docx ii
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’s Opinion 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 ATTACHMENT 2
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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Development Impact Fee Program Supporting Tables
Appendix C: San Joaquin Area Flood Control Agency Resolution No. 24-22: 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 2024-25
Appendix D: 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.sjafca.org/home/showpublisheddocument/1275/637902252871700000 ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx iv
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx v
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
RD 17 Reclamation District 17
RFP Request for Proposal
SB5 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
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 1
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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 an 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 2024. 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 ninth Annual Report on Adequate Progress for the Area; the seventh 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 report3) 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 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 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.
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; 3 Reference the Governance Approach to Funding & Implementation section (page 12) of this report.
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
• 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 revenues 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 2024 Annual Adequate Progress Report Update is intended to satisfy the annual reporting requirements for 2024 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-3 4 ):
• 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.
• 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. (PBI) 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 4 Reference page 2-10 within the ULOP Criteria, November 2013.
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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 IPE consisting of Robert Pyke, Edwin Hultgren, and Thomas Plummer was engaged to review the Engineer’s Report. The panel’s report 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 PBI, 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 PBI 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.
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.
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2315334 Mossdale APR 2024 Update 2024 1227.docx 4
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
• On January 31, 2023, SJAFCA transmitted the 2022 Annual Adequate Progress Report Update. • On September 23, 2024, SJAFCA transmitted the 2023 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. (PBI) 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’s Report.” 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 17 200-Year Level of Protection Project Climate Change Update.”
• A response by the Professional Civil Engineer to the comments from the IPE. o PBI, 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 PBI 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.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 5
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
o This 2024 APR, in combination with the documentation prepared by the LFMA, supports the evidentiary requirements of Adequate Progress. This 2024 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 2024 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 2024 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.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 6
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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, now completed, Phase 3 Levee Seepage Repair Project (LSRP) and (2) SJAFCA identified 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 and later updated, demonstrate 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 complete the Mossdale Tract Area Urban Flood Risk Reduction Study, SJAFCA has 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 materials to support all the requisite evidentiary requirements of ULOP including the 2021 Update to the 2016 Engineer’s Report and associated IPE review/Engineer’s response.
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 all of the Phase 3 LSRP improvements. One remaining component of the Phase 3 LSRP improvements includes, a 400’ long jet-grout cutoff wall under the River Islands Parkway bridge (Element VI-a.1) which is planned to be addressed as part of SJAFCA ULOP Project.
Based on information obtained from RD 17 and estimates made by LWA given information provided, a cumulative total of approximately $81 million of LSRP improvements have been completed. RD 17 funded the project by issuing bonds in 2009 and 2017 and utilized bond proceeds, along with annual assessment revenues, to match grant funding from DWR to advance the LSRP to completion.
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 5 SB 586, signed into law on April 30, 2024, extended the ULOP deadline for the Mossdale Tract to 2040.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 7
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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 fundsfrom 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.
In September 2024, SJAFCA and DWR executed an amendment to the UFFR Agreement adding an additional $75 million of funding (total State funding of $80 million) to advance implementation of a portion of the approved UFFR Feasibility Study’s preferred alternative. SJAFCA is now advancing preliminary design and CEQA independently utilizing State and local funds. SJAFCA’s goal is to advance implementation of improvements ahead of Federal authorization of the Project. With this funding, SJAFCA will finalize the design of the improvements and advance construction of the Dryland Levee improvements.
Summary of Scope, Schedule & Cost
The 2016 Engineer’s Report 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)
c. Phase 3 (Completed 2024)
2. SJAFCA ULOP Project6is 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’s Adopted 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. 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.
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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 April 30, 2024, the Governor signed into law SB 586 which 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 6/30/2025
Right of Way Acquisition7 12/31/2026
Engineering Design8 12/31/2026
Construction 10/31/2029
Permitting & Compliance9 12/31/2027
USACE Implementation
Environmental Documentation 12/31/2028
Right of Way Acquisition7 6/30/2030
Engineering Design 6/30/2032
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.
7 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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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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’s Project has been prepared to reflect a single budget addressing ULDC deficiencies and SJAFCA’s Climate 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 $337.3 million.
10 10 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.
ATTACHMENT 2
Table 1 - APR
Mossdale Tract: 2024 Financing Plan
Program Cost Summary
LSRP Phase 1 $2,795,761
LSRP Phase 2 (including Parks) $13,068,589
LSRP Phase 3 $65,095,249
SJAFCA ULOP Project $337,303,900
Total Cost $80,959,600 $337,303,900
Source: Kjeldsen Sinnock & Neudeck and Larsen Wurzel & Associates, inc.
Actual Costs to
Complete Project Phase
Updated Project
Costs Including
Climate Adaptation &
Eco-System
Restoration (2023$)
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 11
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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.11 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-foot flood depths that would be subject to SB5 development restrictions without the completion of the LSRP and SJAFCA Project is shown in red. 11 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.
ATTACHMENT 2
Figure 1: Floodplain Depths for Land
protected by Mossdale Tract Area Levees Legend
Flood Depth
3+
Spheres of Influence
rzzl LATHROP
1221 STOCKTON
D MANTECA
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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’s Early 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’s fee obligation via a fee crediting arrangement. In March 2018, SJAFCA Adopted Resolution 19-15 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 2024/25. • 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 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’s formation in July 2022, it started generating tax increment revenue in FY 2022/2023. 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, as well as future bond proceeds secured by annual OAD revenues, will be utilized by SJAFCA to match State Grant revenues and fund SJAFCA’s share of the local sponsor obligations of a future USACE Project either through in-kind credit by constructing improvements ahead of the USACE and acquiring property, or by making direct cash payments to the USACE.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 14
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 15
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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’s implementation 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 that the LSJRP is complete and there are no remaining costs.
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 multi-benefit improvements and other required non-flood risk management components identified in the UFRR Study required to secure State cost sharing. The costs presented in Table 3 continue to be presented in 2023$’s, however, the remaining cashflow and financing plan analyses presented within this report consider cost escalation.
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 have funded the seepage remediation work to full completion at the end of 2024. This financing plan reflects 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 60%/40% State versus Local Funding.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 16
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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. 12 o The Mossdale Tract OAD established in July 2024 collecting annual revenues starting in FY 2024/2025.
13 o The Mossdale Tract EIFD, covering the properties directly benefiting from the project, with a base of FY 2021/2022, receiving allocated property tax revenues starting in FY 2022/2023. o A bond authorization and issuance secured by Mossdale Tract OAD revenues in FY 2026/27 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’s share 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 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 accompanying 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).
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). Consistent with Government Code §65007(a)(2)(A), all of the revenues for the LSRP have been identified, secured and expended to complete the project. The revenues include 1) State Funding from the EIP/UFRR Program and 2) 12 Revenue projections for the Development Program have been updated based on the latest information provided by the land use agencies for projected development as of December 2024. 13 The Mossdale Tract OAD enrolled the first year of Assessment on the FY 2024/25 San Joaquin County secured property tax rolls.
ATTACHMENT 2
2315334 Mossdale APR 2024 Update 2024 1227.docx 17
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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,14 they 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’s Report 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 the final amount of remaining costs, approximately $890,000, since 2023 to complete the project.
For the SJAFCA ULOP Project, funding for SJAFCA’s share 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 2024, 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. 14 Reference Reclamation District No. 17 Financial Statements and Independent Auditor’s Report, 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.”
ATTACHMENT 2
Table 2
Mossdale Tract: 2024 Financing Plan
RD 17 LSRP Remaining Capital Cost Estimate & Cost Share Remaining Costs [1] Local 40% State 60%
LSRP - Project Remaining Costs
Phase 1 ROW Remaining Costs 0 0 0
Phase 2 Remaining Costs 0 0 0
Phase 3 Remaining Costs 0 0 0
Total Remaining Cost $0 $0 $0
Remaining Costs as of 2023 APR (August 2024) $895,452
Reduction in Remaining Costs $895,452
% of August 2024 Remaining Project Completed 100%
Source: Kjeldsen Sinnock & Neudeck (Updated by LWA)
[1] Estimated remaining Costs as of December 2024.
Item
[2] Amounts are approximate and net of retention withheld by the State on prior incurred Cost by RD 17.
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Table 3
Mossdale Tract: 2024 Financing Plan
ULDC Project Engineer’s Opinion of Probable Cost
Base Project
Total Costs (2023$)
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 122,520,400
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 $337,303,900
Item
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 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Total Notes
2010 to 2035
Project Uses
LSRP Expenditures
LSRP - Phase I $ 2,665,761
LSRP - Phase II (including Parks) $ 10,405,033
LSRP - Phase III [2] $ 67,888,905
Subtotal: LSRP Expenditures $ 80,959,700
ULOP Program Planning & Implementation
Pre-Project Expenditures (PBI/LWA/ETC) $ 3,229,308
Funding Program Implementation Costs $ 5,165,158
Feasibility Study & Planning Efforts $ 3,222,928
Subtotal: ULOP Program Planning & Implementation $ 11,617,394 SJAFCA Total Project Expenditures
Soft Costs $ 90,592,914
Construction Costs $ 184,009,013
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 $ 325,557,779
Project Sources
State Funding for LSRP (EIP Program) $ 39,585,578 [2]
State UFRR Funding (Preliminary Design Only) $ 3,833,330 [3] State Funding (BCP - 0000743) $ 75,000,000
State Funding (Future Share of NFS) $ 25,327,047
Subtotal Non-Local Funding $ 143,745,956
Local Funding Sources
LSRP Funding
LSRP - RD 17 Mossdale Tract Assessments (Net Revenues) $ 23,449,180 [4] LSRP - RD 17 Mossdale Tract (Bond Revenues) $ 35,603,685 [5] LSRP - RD 17 Mossdale Tract (Debt Service) ($ 17,678,744) [6] SJAFCA Project Funding
Developer Advances / City Funding $ 3,559,691 [7]
SJAFCA Overlay Assessment - ULDC $ 25,978,182 [8]
Development Fee Program $ 84,743,481 [9]
EIFD Revenues net of Refunding $ 19,149,084 [10]
Future Mossdale Tract OAD Financing (Bond Proceeds) $ 27,174,000 [11] Future Mossdale Tract OAD Financing (Debt Service Carry) ($ 17,658,960) [12] Subtotal Local Funding $ 184,319,599
Total Project Sources $ 328,065,555
Total Project Sources less Uses $ 2,507,776
Source: LWA
[1] Portion of estimated project costs expected to be constructed by the USACE. [2] Assumed State Share of Funding for RD 17 LSRP
[3] Balance of UFRR Study Funding Agreement for Pre Design and Environmental Review. [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. [9] Development Impact fee revenues collected during period of implementation. [11] Assumed financing secured by OAD Revenues.
[12] Debt service for OAD Financing during period of analysis. [7] Funding advanced by Cities and Developers from 2010 to 2016 for ULDC Analysis & Implementation of the Funding Program.
Table 4
Mossdale Tract: 2024 Financing Plan
ULOP Adequate Progress Sources & Uses Statement (through 2035) Item
[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 [8] New overlay assessment revenues 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's implementation.
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Table 5
Mossdale Tract: 2024 Financing PlanULOP Levee Program Cash Flow and Financing Analysis Year Reference Total Credit [1] 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035Months (ULOP APR)
LSRP Beginning Balance - 2,608,735 - 2,077,680 3,976,749 3,622,343 2,568,210 7,960,337 - 612,187 - 6,857,616 8,051,623 (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) LSRP Expenditures
LSRP - Phase I Actual Cost 2,665,761 4,736 2,630,649 5,416 3,256 1,147 999 15,610 3,948 - - - - - - - - - - - - - - - - - - - LSRP - Phase II (including Parks) Actual Cost 10,405,033 4,105,206 3,756,668 494,457 1,435,354 202,792 23,748 33,658 123,106 16,423 68,108 - 27,959 32,420 56,735 17,026 11,375 - - - - - - - - - - - LSRP - Phase III [2]
Table D4
& Table D1 67,888,905 1,628,635 625,090 1,131,541 662,440 650,928 1,768,943 924,784 1,292,907 7,701,385 1,062,214 1,814,977 5,435,604 1,039,513 31,009,409 9,001,655 2,138,881 - - - - - - - - - - - Total LSRP Expenditures 80,959,700 7,012,406 5,738,577 1,631,414 2,101,050 854,866 1,818,211 949,531 1,419,961 7,717,808 1,130,322 1,814,977 5,463,563 1,071,933 31,066,143 9,018,681 2,150,256 - - - - - - - - - - - State Sources
State EIP Funding (State Share) Table D3 35,378,135 1,991,867 - 2,355,408 1,041,086 420,838 - - - - - 354,808 9,470,247 14,538,312 482,370 4,058,406 664,792 - - - - - - - - - - - State EIP Funding (Local Credit) Table D3 4,207,444 1,077,608 - 473,025 31,194 576,149 - - - - - 1,637,387 412,081 - - - - - - - - - - - - - - - Local Sources
RD 17 Assessment Net Revenues - LSRP Table D5 23,449,180 1,925,564 - 2,478,092 2,379,632 2,399,375 1,852,919 1,956,198 574,322 18,734 758,286 1,859,830 1,826,664 1,783,571 1,806,496 1,829,497 - - - - - - - - - - - - Total LSRP Revenues 63,034,758 - 4,995,039 5,306,525 2,831,664 4,016,610 1,852,919 1,956,198 574,322 18,734 758,286 3,852,025 11,708,992 2,265,940 16,344,808 5,887,904 664,792 - - - - - - - - - - - Preliminary Ending Balance LSRP Expenditures (7,012,406) 3,675,111 (743,538) 3,339,349 5,239,424 4,880,137 3,760,330 1,722,570 (372,036) 261,263 2,037,048 6,857,616 8,051,623 (6,669,711) (3,130,777) (1,485,464) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) RD 17 Bond Financing - 2009
Assumed Draws on Proceeds / Cash on Hand Calculated 28,127,445 2,402,937 7,012,406 193,077 - - - - - 1,163,292 1,793,535 1,426,267 - 1,424,367 8,095,322 3,130,777 1,485,464 - Debt Service Table D5 (9,131,584) (1,659,399) - (1,259,453) (1,261,669) (1,262,675) (1,257,794) (1,192,120) (1,238,474) - - - - - - - - - - - - - - - - - - - RD 17 Bond Refunding - 2016
Net New Proceeds Assumed [3] 7,476,240 - - - - - - 7,476,240 - - - - - - - - - - - - - - - - - - - - Combined Debt Service post refunding From OS (8,547,160) - - - - - - - (1,424,554) - (1,421,499) (1,424,861) (1,426,267) (1,424,367) (1,425,611) - - - - - - - - - - - - - Ending Balance LSRP Expenditures - 2,608,735 - 2,077,680 3,976,749 3,622,343 2,568,210 7,960,337 - 612,187 - 6,857,616 8,051,623 (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) (0) Prepared by LWA Page 1 of 2 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx
ATTACHMENT
2 Table 5
Mossdale Tract: 2024 Financing PlanULOP Levee Program Cash Flow and Financing Analysis Year Reference Total Credit [1] 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035Months (ULOP APR)
SJAFCA Project Beginning Balance - - - - - - - 119,179 - 1,069,154 2,550,469 4,042,968 10,299,777 10,616,402 15,653,682 19,245,306 25,707,449 26,182,379 17,263,432 5,146,659 153,341 14,261,083 22,330,896 45,702,167 53,051,875 8,124,943 SJAFCA Total Project Expenditures
Pre-Project Expenditures (PBI/LWA/ETC) Table B7 3,229,308 - - - - 719,212 - 719,212 1,001,181 789,704 - - - - - - - - - - - - - - - - - - Funding Program Implementation Costs 5,165,158 - - - - - - - 17,032 - 511,702 85,912 753,140 1,184,256 1,339,518 1,195,583 78,015 - - - - - - - - - - - Feasibility Study & Planning Efforts 3,222,928 - - - - - - - - - - 81,085 - 263,539 756,826 1,254,978 577,667 288,834 - - - - - - - - - - Soft Costs Table 7 90,592,914 - - - - - - - - - - - - - - - 2,836,866 - 9,064,197 7,149,321 469,156 9,113,420 10,344,960 10,862,208 19,294,665 19,760,520 1,697,602 - Construction Costs Table 7 184,009,013 - - - - - - - - - - - - - - - - 4,254,980 - 19,360,161 15,637,053 - - 66,524,274 - 69,850,487 8,382,058 - Right-of-Way Table 7 120,862,516 - - - - - - - - - - - - - - 1,083,600 - 6,371,568 6,451,213 - - 5,808,511 - 6,098,936 - 95,048,689 - - Contingency Table 7 56,627,076 - - - - - - - - - - - - - - - - 5,339,240 - 5,606,202 3,433,799 - - 20,272,760 - 20,660,328 1,314,748 - Multi-Benefit Improvements Table 7 45,055,415 - - - - - - - - - - - - - - - - 6,323,567 - 15,492,739 23,239,109 - - - - - - - (less) USACE Implemented Improvements Assumed (264,166,251) - - - - - (9,336,326) - (9,803,143) (95,747,758) (99,519,880) (49,759,143) Total SJAFCA Total Project Expenditures 244,598,079 - - - - 719,212 - 719,212 1,018,213 789,704 511,702 85,912 834,225 1,447,795 2,096,344 2,450,561 1,739,282 9,497,267 31,433,197 47,608,422 42,779,116 9,113,420 6,817,144 7,158,001 10,343,941 10,751,455 56,683,955 - SJAFCA Project Revenues
State Sources
State UFRR Funding (PED Only) UFRR Grant 3,833,330 - - - - - - - - - - 958,333 - 2,874,998 - - - - - - - - - - - - - - State Funding (BCP - 0000743) 75,000,000 - - - - - - - - - - - - - - - 4,834,428 - 16,502,428 24,994,422 12,200,532 - - 16,468,190 - - - - State Funding (Future Share of NFS) 25,327,047 - - - - - - - - - - - - - - - - - - - - 4,772,001 - 5,010,601 7,240,758 7,526,019 777,668 - State SourcesLocal Sources
SJAFCA Overlay Assessment - Mossdale OAD Overlay Model 25,978,182 - - - - - - - - - - - - - - - 1,120,689 - 2,267,153 2,315,859 2,362,176 2,409,419 2,457,608 2,506,760 2,556,895 2,608,033 2,660,194 2,713,397 Lathrop/Manteca/Developer Advance Funding [4] 3,559,691 - - - - 719,212 - 719,212 1,018,213 789,704 208,901 104,450 - - - - - - - - - - - - - - - - Development Fee Program Table B-2 [5] 84,743,481 - - - - - - - 119,179 - 1,888,567 826,986 1,368,391 4,829,607 2,412,968 6,562,533 3,458,502 7,327,735 9,511,293 6,850,692 5,665,971 5,388,841 5,728,968 4,340,763 3,726,808 4,970,688 5,011,676 4,753,312 EIFD TI Revenues
Appendix E
Table 1 45,377,677 - - - - - - - - - - - - - 925,309 - 1,872,403 2,676,559 3,627,251 4,528,503 5,440,346 6,308,478 2,972,991 3,369,691 3,722,560 2,996,423 3,307,484 3,629,677 EIFD Refunding Assumed (26,228,593) - - - - (26,228,593) - Total SJAFCA Project Revenues 237,590,815 - - - - 719,212 - 719,212 1,137,392 789,704 1,035,886 1,993,018 2,326,724 7,704,604 2,412,968 7,487,842 5,330,906 15,959,411 31,908,126 38,689,475 25,669,025 14,106,737 15,931,568 15,227,814 33,715,212 18,101,163 11,757,022 (15,132,207) Preliminary Ending Balance SJAFCA Project - - - - - - 119,179 - 1,069,154 2,550,469 4,042,968 10,299,777 10,616,402 15,653,682 19,245,306 25,707,449 26,182,379 17,263,432 153,341 5,146,659 14,261,083 22,330,896 45,702,167 53,051,875 8,124,943 (7,007,264) LEVEE PROGRAM - STARTING BALANCE - 2,608,735 - 2,077,680 3,976,749 3,622,343 2,568,210 7,960,337 1,069,154 119,179 3,162,656 10,900,584 18,351,401 10,616,402 15,653,682 19,245,306 25,707,449 26,182,379 42,473,432 23,399,341 26,430,149 33,584,623 39,693,846 61,105,167 66,492,575 19,602,493 Net Cash Flow LSRP [6] 2,608,735 - 1,899,069 (531,055) (354,406) (1,054,133) 5,392,127 (7,960,337) - 612,187 6,245,429 1,194,008 (8,051,623) - - - - - - - - - - - - - Net Cash Flow SJAFCA Project [6] - - - - - - 119,179 - 1,481,315 949,975 1,492,499 6,256,809 5,037,281 316,624 3,591,623 6,462,144 (8,918,947) 474,929 (17,110,091) 4,993,318 9,114,424 8,069,813 23,371,272 (44,926,933) 7,349,708 (15,132,207) Mossdale OAD Financing
Proceeds 27,174,000 - - - - - - - - - - - - - - - - 27,174,000 - - - - - - - - - Debt Service Costs (17,658,960) - - - - - - - - - - - - - - - - (1,964,000) - (1,964,000) (1,962,510) (1,959,950) (1,960,590) (1,959,950) (1,962,300) (1,963,150) (1,962,510) LEVEE PROGRAM - ENDING BALANCE 2,608,735 - 2,077,680 3,976,749 3,622,343 2,568,210 7,960,337 1,069,154 119,179 3,162,656 10,900,584 18,351,401 10,616,402 15,653,682 19,245,306 25,707,449 26,182,379 42,473,432 23,399,341 26,430,149 33,584,623 39,693,846 61,105,167 66,492,575 19,602,493 2,507,776[1] Credit amounts shown for LSRP on Table D2[2] All Remaining Costs are shown as Phase 3 Costs for ease of modeling.[3] Amount based on RD 17 refunding bond issuance.[4] Amount provided by Lathrop Council Actions. Amounts already committed by the Cities of Lathrop & Manteca from General, Enterpise and Developer committed funding. Reference Table B7.[6] The net cash flows of the LSRP RD 17 Project and SJAFCA's ULOP project are assumed to be required to independently cash flow the respective projects.[5] Actual and future assumed Development Impact Fee revenues based on projected absorption assumptions. To the extent that development absorption does not generate the needed development fee revenues, it is assumed the development interests advance fund development impact fees at a sufficient pace to cash flow the near term revenue shortfalls in order to cover projected expenditures in a similar fashion as has been done in the past.
Prepared by LWA Page 2 of 2 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx
ATTACHMENT
2 Table 6
Mossdale Tract: 2024 Financing PlanGovernment Code 65007 (a) Analysis Total Revenues Scheduled to be
Appropriated by December 2024
for each Identified Revenue
Appropriation
Applicable
(Y, N or N/A)
Note
If Y - Details
65007 (a) Check
% Appropriated if
Required
Per 2024 APR
Project Revenues - LSRP
State Funding for LSRP (EIP Program) $ 39,585,578 N/A Part of Prop1E Allocation 5096.821 Project 3860-P1E-203.
N/A [1]
Local Funding Sources
LSRP - RD 17 Mossdale Tract Assessments (Net Revenues) $ 23,449,180 N/A Annual RD 17 Budget N/A [2] LSRP - RD 17 Mossdale Tract (Bond Revenues/Cash Balance) $ 28,127,445 N/A Annual RD 17 Budget N/A [3]LSRP - RD 17 Mossdale Tract (Debt Service) ($ 8,547,160) N/A Annual RD 17 Budget N/A Project Revenues - SJAFCA Project
State UFRR Funding (PED Only) $ 3,833,330 Y Part of Prop 1E Allocation 5096.821, Agreement No. 4600011771
100% [4]
State UFRR Funding (Implementation) $ 0 Y FY 2023/24 State Budget - General Fund (Approved Budget Change Proposal 3860-031-COBCP-02023-GB - Capital Outlay ID 0000743)
100%
State Funding (Future Share of NFS) $ 0 N Future Source N/ASJAFCA Overlay Assessment $ 0 N/A SJAFCA Resolution 24-22, SJAFCA Annual Budget
N/A [5]
Lathrop/Manteca/Developer Advance Funding $ 3,559,691 N/A Agreement / City Council Actions N/A [6] Development Fee Program $ 21,466,734 N/A City Council Actions (Fee Programs) / SJAFCA Collection Agreement
N/A [7]
EIFD Revenues $ 2,797,712 N/A EIFD PFA / SJAFCA - PFA MOU, SJAFCA Annual Budget
N/A
Member Agency Advance Funding $ 0 N/A Future Source, not projected to be needed.
N/A
Future Mossdale Tract OAD Financing (Bond Proceeds) $ 0 N/A Future Source N/AFuture Mossdale Tract OAD Financing (Debt Service Carry) $ 0 N/A Related to Future Source N/A Source: LWA, Reclamation District No. 17, EMMA, the City of Lathrop.[1] Based on information provided from RD 17. See Table D5 for RD 17 Annual Budgets / Financial Statement Information[2] Reference Table D5 for supporting information on RD 17's budgets.[3] 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.[4] Based on the approved Agreement Amendment and updated budget per Amendment No. 1.[5] Mossdale Overlay Assessment District commenced levying assessment in FY 2024/25. The first apportionment of assessment revenues is not received until January 2025.[6] Based on actual collected data and funds received by SJAFCA.[7] As reported by SJAFCA based on actual collections and budgeted / projected revenues.
Item
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ATTACHMENT
2 Table 7
Mossdale Tract: 2021 Adequate Progress ReportFuture Expenditure Schedule for SJAFCA's ULOP ProjectYear 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 TotalSoft Costs Admin / Planning $0 $0 $1,361,784 $1,429,873 $0 $3,152,870 $3,448,451 $3,620,874 $304,153 $0 $0 13,318,005 Environmental / Permitting $0 $405,275 $1,063,846 $893,630 $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 19,776,393Construction Management $0 $486,305 $2,042,481 $2,144,605 $0 $0 $0 $0 $7,983,267 $8,382,430 $754,419 21,793,507Mitigation $0 $0 $2,553,536 $2,681,212 $0 $0 $0 $0 $9,980,780 $11,378,090 $943,184 27,536,802 Subtotal Soft Costs - 2,836,866 9,064,197 7,149,321 469,156 9,113,420 10,344,960 10,862,208 19,294,665 19,760,520 1,697,602 90,592,914 Construction $0 $0 $4,254,980 $19,360,161 $15,637,053 $0 $0 $0 $66,524,274 $69,850,487 $8,382,058 184,009,013 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 25,813,827 Contingency $0 $0 $5,339,240 $5,606,202 $3,433,799 $0 $0 $0 $20,272,760 $20,660,328 $1,314,748 56,627,076 Multi-Benefit Improvements $0 $0 $6,323,567 $15,492,739 $23,239,109 $0 $0 $0 $0 $0 $0 45,055,415 Total Expenses 1,083,600 9,208,434 31,433,197 47,608,422 42,779,116 9,113,420 16,153,471 16,961,144 106,091,699 110,271,335 106,443,098 497,146,936 Source: KSN / PBI / LWA
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx
ATTACHMENT
2 2315334 Mossdale APR 2024 Update 2024 1227.docx 25
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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 Table 5 provides the historical expenditure schedule for the LSRP (actuals) as well as the actual revenues for implementation using funds from the RD 17 Mossdale Tract Assessment and DWR’s EIP program.
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 December 2024 and updated projections of the revenues to come from the 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.
ATTACHMENT 2
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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). 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. 24-22 (Appendix C). The new OAD will levy approximately $2.24 million across all parcels within the Assessment District with an average residential per parcel assessment of approximately $70. 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’s website. 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 Infrastructure 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 document the terms 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 D. Figure 2 below illustrates the revenues, proposed bond issuance, and debt service associated with the planned financing.
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 ATTACHMENT 2
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
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 2024 Annual APR Update has refined the Overlay and EIFD Revenue Analyses previously presented. As shown in the IFP referenced in Appendix D, the EIFD revenue analysis has been prepared to present the following property tax revenue allocation rate scenarios as follows:
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 D-1 and demonstrated in the chart presented in Figure 2.
Affected Taxing Entity 2030 - 2032 2033 - 2043 2044 -2061 Maximum Tax Rate Scenario
City of Lathrop 10.0% 20.0% 20.0% 20.0%
City of Manteca 5.0% 20.0% 20.0% 20.0%
City of Stockton 1.0% 20.0% 20.0% 20.0%
San Joaquin County 47.3% 20.0% 20.0% 20.0%
Variable Tax Rate Scenario
City of Lathrop 10.0% 13.0% 9.5% 4.5%
City of Manteca 5.0% 13.0% 9.5% 4.5%
City of Stockton 1.0% 13.0% 9.5% 4.5%
San Joaquin County 47.3% 13.0% 9.5% 4.5%
EIFD Contribution Rate
Initial Years
(2021-2029)
ATTACHMENT 2
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
Figure 2: Assessment Revenue & EIFD Tax Increment Financing Approach $0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
$9,000,000
$10,000,000
2021202220232024202520262027202820292030203120322033203420352036203720382039204020412042204320442045204620472048204920502051205220532054205520562057 SJAFCA Mossdale Tract ULOP Project
Combined Assessment Revenue, EIFD Tax Increment & OAD Financing (OAD & EIFD based on Approved IFP Formations)
Net Assessment Revenue (Paygo, Debt Service & Coverage) Tax Increment Revenue for Debt Service Tax Increment Revenue for Paygo and Coverage AD Debt Service New Development
2020 - 2057
EIFD Establishment (2022/23)
OAD Formation (2023/24)
2027 AR Bond Issuance ($)
Level Debt Service, Senior/Subordinate Issue
EIFD Note:
Variable allocation rate until 2029 shifting
to 13% in 2030 and further down overtime.
Limit of approximately $5.0 to $5.7
annually for combined debt service shown.
ATTACHMENT 2
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San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 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
Implement Funding Mechanisms
Regional Development Impact
Fee Adoption
January
2018
December
2018
N/A Completed
Regional Development Impact
Fee Update
June
2021
November
2022
N/A Completed
Overlay Assessment District
Formation and Levy of
Assessments
June
2018
July
2024
N/A Completed
Levy commenced
December 2024
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.
ATTACHMENT 2
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
1801014 Adequate Progress Report Appendix Covers 2024 1227.docx 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.......................................... A1 Tech Memo Technical Memo Detailing Updated Cost Estimate ................................................. A7 ATTACHMENT 2
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 ofthe State of California, and is the largest estuary on the Pacific Coast of the United States encompassing an area of over 730,000 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's temperatures, 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
ATTACHMENT 2
PASSED, APPROVED AND ADOPTED this 7 th day of February, 2019.
ATTEST: ,,.
- 'C
of
HRIS
~~the San
ELIAS,
Joaquin
Secretary
Area
~ Flood Control Agency
APPROVED AS TO FORM:
SJAFCA Resolution 19-06
ATTACHMENT 2
EXHIBIT “A”
1 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 ATTACHMENT 2
EXHIBIT “A”
2 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.
ATTACHMENT 2
EXHIBIT “A”
3 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/Urban 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’s policy 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;
ATTACHMENT 2
EXHIBIT “A”
4 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.
ATTACHMENT 2
2255-0060
08-300-010
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
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’s Report 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’s Report 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.
ATTACHMENT 2
TECHNICAL MEMORANDUM
February 24, 2023
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
ID
Station
From
Station
To Project Name Cost
15 119+50 148+00 Cutoff Wall $9,354,000
25 172+45 192+00 Cutoff Wall $5,331,000
35 190+50 247+00 Seepage Berm $17,002,000
45 255+50 259+50 Seepage Berm $1,138,000
55 270+00 297+75 Seepage Berm $7,389,000
65 311+00 362+50 Cutoff Wall $12,337,000
75 388+00 518+50 Cutoff Wall $30,954,000
85 570+00 822+80 Levee Raise @ San Joaquin River $17,390,000 95 703+00 741+30 Cutoff Wall $7,673,000
105 781+00 799+50 Cutoff Wall $3,716,000
115 822+80 853+50 Levee Raise @ Walthall Slough $1,941,000 125 853+50 959+00 Levee Raise & Seepage Berm @ Dryland Levee $38,374,000 135 0+00 959+00 Erosion Repairs $10,851,000
145 0+00 959+00 Right-of-Way (existing) $14,284,000
155 959+00 1104+20 Dryland Levee Extension $52,275,000
Total: $230,009,000
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+00 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.
ATTACHMENT 2
TECHNICAL MEMORANDUM
February 24, 2023
Table 2 - Summary of Analyzed Levee Segments
2021 Cost Estimate 2023 Cost Estimate
Levee Segment
Station
From
Station
To
Length
(miles)
Station
From
Station
To
Length
(miles)
Segment
Status
French Camp Slough 0+00 101+00 1.91 0+00 101+00 1.91 Existing San Joaquin River 101+00 822+80 13.67 101+00 822+80 13.67 Existing Walthall Slough 822+80 853+50 0.58 822+80 853+50 0.58 Existing Dryland Levee 853+50 959+00 2.00 853+50 908+60 1.04 Existing Dryland Levee
Extension 959+00 1052+00 (1) 1.76 908+60 1030+53 2.31 Proposed Totals: 20.91 19.51
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.
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+95 at nearly Airport Way. The recommendations described in the original 2016 ULDC Engineer’s Report 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’s Report, 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 2023 Cost Estimate
Description
Station
From
Station
To
Length
(miles)
Station
From
Station
To
Length
(miles)
Fix-in-Place Repairs to
RD 17 Dryland Levee 853+50 959+00 2.00 853+50 908+60 1.04 Dryland Levee Extension 959+00 1052+00 (1) 1.76 908+60 1030+53 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.
ATTACHMENT 2
TECHNICAL MEMORANDUM
February 24, 2023
Figure 1 – 35% Design Project Sites
ATTACHMENT 2
TECHNICAL MEMORANDUM
February 24, 2023
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 Value
ENR CCI (January 2021) 11627.94
ENR CCI (February 2023) 13175.93
Escalation Factor 1.1331
The unit costs of the consolidated cost estimate were then adjusted by multiplying them by the abovedescribed 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.
2023 Cost Estimate
Description Unit
2021 Cost Estimate
Unit Cost
Calculated
with ENR CCI
Manual
Adjustment
Class 2 Aggregate Base ton $29 $33 $45
Drain Rock Material ton $35 $40 $45
Imported Engineered Fill ton $18 $20 $25
Sand Filter Material ton $29 $33 $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 $230,009,000
ENR CCI Adjustment from Jan 2021 to Feb 2023 + $61,296,000 Reconfiguration and Material Quantity Refinements at the Dryland Levee Extension in 35% Design - $50,746,000
Other Material Quantity Refinements in 35% Design - $9,944,000 2023 Cost Estimate $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.
ATTACHMENT 2
TECHNICAL MEMORANDUM
February 24, 2023
Table 6 - Summary of 2023 Cost Estimate
Project
ID
Station
From
Station
To Project Name Cost
15 119+50 148+00 Cutoff Wall $9,775,000
25 172+45 192+00 Cutoff Wall $4,459,000
35 190+50 247+00 Seepage Berm $20,255,000
45 255+50 259+50 Seepage Berm $1,545,000
55 270+00 297+75 Seepage Berm $9,131,000
65 311+00 362+50 Cutoff Wall $15,753,000
75 388+00 518+50 Cutoff Wall $36,056,000
85 570+00 822+80 Levee Raise @ San Joaquin River $23,115,000 95 703+00 741+30 Cutoff Wall $7,126,000
105 781+00 799+50 Cutoff Wall $3,307,000
115 822+80 853+96 Levee Raise @ Walthall Slough $1,273,000 125 853+96 908+60 Levee Raise & Seepage Berm @ Dryland Levee $15,800,000 135 0+00 908+60 Erosion Repairs $12,310,000
145 0+00 908+60 Right-of-Way (existing) $16,172,000
155 908+60 1030+53 Dryland Levee Extension $54,538,000
Total: $230,615,000
ATTACHMENT 2
San Joaquin Area Flood Control Agency
Mossdale Tract Area
Urban Flood Risk Reduction Project
2023 Cost Estimate Update
EXHIBIT 1
2021 Cost Estimate Breakdown
ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT CUTOFF WALL
ID 1 STA 119+50 TO STA 148+00
Construction $4,732,000 $5,567,500
1. Mobilization 10% $418,800 10% $492,700
2. Erosion Control 3% $125,700 3% $147,900
3. Clearing and Grubbing 5.4 AC $2,000 $10,800 $2,400 $13,000
5. Deep Mix Method (DMM) Cutoff Wall 83,300 SF $20 $1,666,000 $24 $1,999,200
6. Tracer Wire 2,900 LF $2 $5,800 $3 $8,700
7. Imported Engineered Fill 23,900 TN $15 $358,500 $18 $430,200
8. Class 2 Aggregate Base 2,100 TN $25 $52,500 $29 $60,900
9. Reconstruct Existing 8" Pipe 2 EA $45,000 $90,000 $51,900 $103,800
10. Reconstruct Existing 42" Pipe 6 EA $250,000 $1,500,000 $288,100 $1,728,600
11. Air Release Valve 8 EA $2,000 $16,000 $2,400 $19,200
12. 8" Valve 2 EA $2,500 $5,000 $2,900 $5,800
13. 42" Valve 6 EA $70,000 $420,000 $80,700 $484,200
14. Encroachment Removal 3 EA $10,000 $30,000 $11,600 $34,800
15. Encroachment Modification 1 EA $20,000 $20,000 $23,100 $23,100
16. Hydroseeding 128,300 SF $0.10 $12,900 $0.12 $15,400 Mangement / Environmental / Engineering $1,893,000 $2,227,300
1. Administration 5% $236,600 5% $278,400
2. Planning 3% $142,000 3% $167,100
3. Environmental and Permitting 5% $236,600 5% $278,400
4. Geotechnical Engineering 2% $94,700 2% $111,400
5. Surveying and Civil Engineering 10% $473,200 10% $556,800
6. Construction Management and Inspection 12% $567,900 12% $668,100
7. Mitigation 3% $142,000 3% $167,100
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$1,325,000 $1,559,000
Project Totals $7,950,000 $9,354,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 1 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT CUTOFF WALL
ID 2 STA 175+45 TO STA 192+00
Construction $2,656,400 $3,173,000
1. Mobilization 10% $235,100 10% $280,800
2. Erosion Control 3% $70,600 3% $84,300
3. Clearing and Grubbing 3.7 AC $2,000 $7,400 $2,400 $8,900
5. Deep Mix Method (DMM) Cutoff Wall 88,000 SF $20 $1,760,000 $24 $2,112,000
6. Tracer Wire 2,000 LF $2 $4,000 $3 $6,000
7. Imported Engineered Fill 16,500 TN $15 $247,500 $18 $297,000
8. Class 2 Aggregate Base 1,500 TN $25 $37,500 $29 $43,500
9. Reconstruct Existing 8" Pipe 2 EA $45,000 $90,000 $51,900 $103,800
10. Reconstruct Existing 12" Pipe 1 EA $60,000 $60,000 $69,200 $69,200
11. Reconstruct Existing 16" Pipe 1 EA $80,000 $80,000 $92,200 $92,200
12. Air Release Valve 4 EA $2,000 $8,000 $2,400 $9,600
13. 8" Valve 2 EA $2,500 $5,000 $2,900 $5,800
14. 12" Valve 1 EA $4,000 $4,000 $4,700 $4,700
15. 16" Valve 1 EA $8,500 $8,500 $9,800 $9,800
16. Encroachment Removal 3 EA $10,000 $30,000 $11,600 $34,800
17. Hydroseeding 88,000 SF $0.10 $8,800 $0.12 $10,600
Mangement / Environmental / Engineering $1,062,900 $1,269,400
1. Administration 5% $132,900 5% $158,700
2. Planning 3% $79,700 3% $95,200
3. Environmental and Permitting 5% $132,900 5% $158,700
4. Geotechnical Engineering 2% $53,200 2% $63,500
5. Surveying and Civil Engineering 10% $265,700 10% $317,300
6. Construction Management and Inspection 12% $318,800 12% $380,800
7. Mitigation 3% $79,700 3% $95,200
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$743,900 $888,500
Project Totals $4,464,000 $5,331,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 2 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT SEEPAGE BERM
ID 3 STA 190+50 TO STA 247+00
Construction $8,142,200 $9,569,200
1. Mobilization 3% $230,500 3% $270,900
2. Erosion Control 3% $230,500 3% $270,900
3. Clearing and Grubbing 20.8 AC $2,000 $41,600 $2,400 $50,000
4. Imported Engineered Fill 159,200 TN $15 $2,388,000 $18 $2,865,600
5. Drain Rock Material 99,200 TN $30 $2,976,000 $35 $3,472,000
6. Sand Filter Material 49,400 TN $25 $1,235,000 $29 $1,432,600
7. Filter Fabric 675,300 SF $0.50 $337,700 $0.58 $391,700
8. Class 2 Aggregate Base 4,200 TN $25 $105,000 $29 $121,800
9. Reconstruct Existing 8" Pipe 4 EA $45,000 $180,000 $51,900 $207,600
10. Reconstruct Existing 10" Pipe 2 EA $55,000 $110,000 $63,400 $126,800
11. Reconstruct Existing 16" Pipe 1 EA $80,000 $80,000 $92,200 $92,200
12. Reconstruct Existing 20" Pipe 1 EA $95,000 $95,000 $109,500 $109,500
13. Air Release Valve 8 EA $2,000 $16,000 $2,400 $19,200
14. 8" Valve 4 EA $2,500 $10,000 $2,900 $11,600
15. 10" Valve 2 EA $3,000 $6,000 $3,500 $7,000
16. 16" Valve 1 EA $8,500 $8,500 $9,800 $9,800
17. 20" Valve 1 EA $18,000 $18,000 $20,800 $20,800
18. Hydroseeding 743,100 SF $0.10 $74,400 $0.12 $89,200 Mangement / Environmental / Engineering $3,257,300 $3,828,000
1. Administration 5% $407,200 5% $478,500
2. Planning 3% $244,300 3% $287,100
3. Environmental and Permitting 5% $407,200 5% $478,500
4. Geotechnical Engineering 2% $162,900 2% $191,400
5. Surveying and Civil Engineering 10% $814,300 10% $957,000
6. Construction Management and Inspection 12% $977,100 12% $1,148,400
7. Mitigation 3% $244,300 3% $287,100
Real Estate $667,500 $771,000
1. Land Valuation (Agricultural) 12.7 AC $25,000 $317,500 $28,900 $367,100
2. Easement Acquisition 7 EA $50,000 $350,000 $57,700 $403,900 $2,413,400 $2,833,700
Project Totals $14,481,000 $17,002,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 3 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT SEEPAGE BERM
ID 4 STA 255+50 TO STA 259+50
Construction $528,800 $621,000
1. Mobilization 3% $15,000 3% $17,600
2. Erosion Control 3% $15,000 3% $17,600
3. Clearing and Grubbing 1.4 AC $2,000 $2,800 $2,400 $3,400
4. Imported Engineered Fill 9,900 TN $15 $148,500 $18 $178,200
5. Drain Rock Material 6,000 TN $30 $180,000 $35 $210,000
6. Sand Filter Material 3,000 TN $25 $75,000 $29 $87,000
7. Filter Fabric 40,800 SF $0.50 $20,400 $0.58 $23,700
8. Class 2 Aggregate Base 300 TN $25 $7,500 $29 $8,700
9. Reconstruct Existing 10" Pipe 1 EA $55,000 $55,000 $63,400 $63,400
10. Air Release Valve 1 EA $2,000 $2,000 $2,400 $2,400
11. 10" Valve 1 EA $3,000 $3,000 $3,500 $3,500
12. Hydroseeding 45,600 SF $0.10 $4,600 $0.12 $5,500
Mangement / Environmental / Engineering $211,800 $248,800
1. Administration 5% $26,500 5% $31,100
2. Planning 3% $15,900 3% $18,700
3. Environmental and Permitting 5% $26,500 5% $31,100
4. Geotechnical Engineering 2% $10,600 2% $12,500
5. Surveying and Civil Engineering 10% $52,900 10% $62,100
6. Construction Management and Inspection 12% $63,500 12% $74,600
7. Mitigation 3% $15,900 3% $18,700
Real Estate $67,500 $78,000
1. Land Valuation (Agricultural) 0.7 AC $25,000 $17,500 $28,900 $20,300
2. Easement Acquisition 1 EA $50,000 $50,000 $57,700 $57,700 $161,700 $189,600
Project Totals $970,000 $1,138,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 4 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT SEEPAGE BERM
ID 5 STA 270+00 TO STA 297+75
Construction $3,512,500 $4,127,500
1. Mobilization 3% $99,500 3% $116,900
2. Erosion Control 3% $99,500 3% $116,900
3. Clearing and Grubbing 9.1 AC $2,000 $18,200 $2,400 $21,900
4. Imported Engineered Fill 68,600 TN $15 $1,029,000 $18 $1,234,800
5. Drain Rock Material 41,600 TN $30 $1,248,000 $35 $1,456,000
6. Sand Filter Material 20,400 TN $25 $510,000 $29 $591,600
7. Filter Fabric 283,100 SF $0.50 $141,600 $0.58 $164,200
8. Class 2 Aggregate Base 2,100 TN $25 $52,500 $29 $60,900
9. Reconstruct Existing 10" Pipe 1 EA $55,000 $55,000 $63,400 $63,400
10. Reconstruct Existing 12" Pipe 2 EA $60,000 $120,000 $69,200 $138,400
11. Reconstruct Existing 16" Pipe 1 EA $80,000 $80,000 $92,200 $92,200
12. Air Release Valve 4 EA $2,000 $8,000 $2,400 $9,600
13. 10" Valve 1 EA $3,000 $3,000 $3,500 $3,500
14. 12" Valve 2 EA $4,000 $8,000 $4,700 $9,400
15. 16" Valve 1 EA $8,500 $8,500 $9,800 $9,800
16. Hydroseeding 316,400 SF $0.10 $31,700 $0.12 $38,000 Mangement / Environmental / Engineering $1,405,300 $1,651,300
1. Administration 5% $175,700 5% $206,400
2. Planning 3% $105,400 3% $123,900
3. Environmental and Permitting 5% $175,700 5% $206,400
4. Geotechnical Engineering 2% $70,300 2% $82,600
5. Surveying and Civil Engineering 10% $351,300 10% $412,800
6. Construction Management and Inspection 12% $421,500 12% $495,300
7. Mitigation 3% $105,400 3% $123,900
Real Estate $327,500 $378,200
1. Land Valuation (Agricultural) 5.1 AC $25,000 $127,500 $28,900 $147,400
2. Easement Acquisition 4 EA $50,000 $200,000 $57,700 $230,800 $1,049,100 $1,231,400
Project Totals $6,295,000 $7,389,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 5 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT CUTOFF WALL
ID 6 STA 311+00 TO STA 362+50
Construction $6,001,700 $7,343,200
1. Mobilization 10% $531,200 10% $649,900
2. Erosion Control 3% $159,400 3% $195,000
3. Clearing and Grubbing 10.8 AC $2,000 $21,600 $2,400 $26,000
4. Degrade Existing Levee (1/3 Height) 23,500 CY $10 $235,000 $12 $282,000
5. Soil-Bentonite (SB) Cutoff Wall 354,200 SF $8 $2,833,600 $10 $3,542,000
6. Temporary Cap (Double Handle) 9,200 CY $10 $92,000 $12 $110,400
7. Tracer Wire 5,200 LF $2 $10,400 $3 $15,600
8. Imported Engineered Fill 108,800 TN $15 $1,632,000 $18 $1,958,400
9. Class 2 Aggregate Base 3,900 TN $25 $97,500 $29 $113,100
10. Reconstruct Existing 6" Pipe 1 EA $40,000 $40,000 $46,100 $46,100
11. Reconstruct Existing 8" Pipe 1 EA $45,000 $45,000 $51,900 $51,900
12. Reconstruct Existing 10" Pipe 3 EA $55,000 $165,000 $63,400 $190,200
13. Reconstruct Existing 14" Pipe 1 EA $75,000 $75,000 $86,500 $86,500
14. Air Release Valve 6 EA $2,000 $12,000 $2,400 $14,400
15. 6" Valve 1 EA $2,000 $2,000 $2,400 $2,400
16. 8" Valve 1 EA $2,500 $2,500 $2,900 $2,900
17. 10" Valve 3 EA $3,000 $9,000 $3,500 $10,500
18. 14" Valve 1 EA $7,000 $7,000 $8,100 $8,100
19. Hydroseeding 314,200 SF $0.10 $31,500 $0.12 $37,800 Mangement / Environmental / Engineering $2,401,000 $2,937,500
1. Administration 5% $300,100 5% $367,200
2. Planning 3% $180,100 3% $220,300
3. Environmental and Permitting 5% $300,100 5% $367,200
4. Geotechnical Engineering 2% $120,100 2% $146,900
5. Surveying and Civil Engineering 10% $600,200 10% $734,400
6. Construction Management and Inspection 12% $720,300 12% $881,200
7. Mitigation 3% $180,100 3% $220,300
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$1,680,600 $2,056,200
Project Totals $10,084,000 $12,337,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 6 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT CUTOFF WALL
ID 7 STA 388+00 TO STA 518+50
Construction $15,102,800 $18,424,200
1. Mobilization 10% $1,336,600 10% $1,630,500
2. Erosion Control 3% $401,000 3% $489,200
3. Clearing and Grubbing 27.3 AC $2,000 $54,600 $2,400 $65,600
4. Degrade Existing Levee (1/3 Height) 59,500 CY $10 $595,000 $12 $714,000
5. Soil-Bentonite (SB) Cutoff Wall 827,000 SF $8 $6,616,000 $10 $8,270,000
6. Temporary Cap (Double Handle) 23,200 CY $10 $232,000 $12 $278,400
7. Tracer Wire 13,000 LF $2 $26,000 $3 $39,000
8. Imported Engineered Fill 275,600 TN $15 $4,134,000 $18 $4,960,800
9. Class 2 Aggregate Base 9,600 TN $25 $240,000 $29 $278,400
10. Reconstruct Existing 4" Pipe 1 EA $35,000 $35,000 $40,400 $40,400
11. Reconstruct Existing 6" Pipe 2 EA $40,000 $80,000 $46,100 $92,200
12. Reconstruct Existing 10" Pipe 2 EA $55,000 $110,000 $63,400 $126,800
13. Reconstruct Existing 12" Pipe 5 EA $60,000 $300,000 $69,200 $346,000
14. Reconstruct Existing 14" Pipe 2 EA $75,000 $150,000 $86,500 $173,000
15. Reconstruct Existing 16" Pipe 3 EA $80,000 $240,000 $92,200 $276,600
16. Reconstruct Existing 20" Pipe 1 EA $95,000 $95,000 $109,500 $109,500
17. Reconstruct Existing 36" Pipe 1 EA $200,000 $200,000 $230,500 $230,500
18. Air Release Valve 17 EA $2,000 $34,000 $2,400 $40,800
19. 4" Valve 1 EA $1,500 $1,500 $1,800 $1,800
20. 6" Valve 2 EA $2,000 $4,000 $2,400 $4,800
21. 10" Valve 2 EA $3,000 $6,000 $3,500 $7,000
22. 12" Valve 5 EA $4,000 $20,000 $4,700 $23,500
23. 14" Valve 2 EA $7,000 $14,000 $8,100 $16,200
24. 16" Valve 3 EA $8,500 $25,500 $9,800 $29,400
25. 20" Valve 1 EA $18,000 $18,000 $20,800 $20,800
26. 36" Valve 1 EA $55,000 $55,000 $63,400 $63,400
27. Hydroseeding 796,000 SF $0.10 $79,600 $0.12 $95,600 Mangement / Environmental / Engineering $6,041,400 $7,370,200
1. Administration 5% $755,200 5% $921,300
2. Planning 3% $453,100 3% $552,800
3. Environmental and Permitting 5% $755,200 5% $921,300
4. Geotechnical Engineering 2% $302,100 2% $368,500
5. Surveying and Civil Engineering 10% $1,510,300 10% $1,842,500
6. Construction Management and Inspection 12% $1,812,400 12% $2,211,000
7. Mitigation 3% $453,100 3% $552,800
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$4,228,900 $5,158,900
Project Totals $25,374,000 $30,954,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 7 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT LEVEE RAISE
ID 8 STA 570+00 TO STA 822+80
Construction $8,370,100 $9,925,400
1. Mobilization 3% $236,900 3% $281,000
2. Erosion Control 3% $236,900 3% $281,000
3. Clearing and Grubbing 43.6 AC $2,000 $87,200 $2,400 $104,700
4. Imported Engineered Fill 339,700 TN $15 $5,095,500 $18 $6,114,600
5. Floodwall (3' tall) 2,400 LF $125 $300,000 $145 $348,000
6. Class 2 Aggregate Base 18,800 TN $25 $470,000 $29 $545,200
7. Reconstruct Existing 12" Pipe 3 EA $60,000 $180,000 $69,200 $207,600
8. Reconstruct Existing 16" Pipe 1 EA $80,000 $80,000 $92,200 $92,200
9. Reconstruct Existing 18" Pipe 4 EA $85,000 $340,000 $98,000 $392,000
10. Reconstruct Existing 20" Pipe 1 EA $95,000 $95,000 $109,500 $109,500
11. Reconstruct Existing 48" Pipe 1 EA $300,000 $300,000 $345,700 $345,700
12. Air Release Valve 10 EA $2,000 $20,000 $2,400 $24,000
13. 12" Valve 3 EA $4,000 $12,000 $4,700 $14,100
14. 16" Valve 1 EA $8,500 $8,500 $9,800 $9,800
15. 18" Valve 4 EA $14,000 $56,000 $16,200 $64,800
16. 20" Valve 1 EA $18,000 $18,000 $20,800 $20,800
17. 48" Valve 1 EA $85,000 $85,000 $98,000 $98,000
18. Encroachment Removal 31 EA $10,000 $310,000 $11,600 $359,600
19. Encroachment Modification 3 EA $100,000 $300,000 $115,300 $345,900
20. Hydroseeding 1,390,400 SF $0.10 $139,100 $0.12 $166,900 Management / Environmental / Engineering $3,348,700 $3,970,500
1. Administration 5% $418,600 5% $496,300
2. Planning 3% $251,200 3% $297,800
3. Environmental and Permitting 5% $418,600 5% $496,300
4. Geotechnical Engineering 2% $167,500 2% $198,600
5. Surveying and Civil Engineering 10% $837,100 10% $992,600
6. Construction Management and Inspection 12% $1,004,500 12% $1,191,100
7. Mitigation 3% $251,200 3% $297,800
Real Estate $515,300 $595,100
1. Land Valuation (Agricultural) 8.6 AC $25,000 $215,300 $28,900 $248,900
2. Easement Acquisition 6 EA $50,000 $300,000 $57,700 $346,200 $2,446,900 $2,898,200
Project Totals $14,681,000 $17,390,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 8 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT CUTOFF WALL
ID 9 STA 703+00 TO STA 741+30
Construction $3,688,200 $4,566,900
1. Mobilization 10% $326,400 10% $404,200
2. Erosion Control 3% $98,000 3% $121,300
3. Degrade Existing Levee (1/3 Height) 17,400 CY $10 $174,000 $12 $208,800
4. Soil-Bentonite (SB) Cutoff Wall 306,400 SF $8 $2,451,200 $10 $3,064,000
5. Temporary Cap (Double Handle) 6,700 CY $10 $67,000 $12 $80,400
6. Imported Engineered Fill 37,600 TN $15 $564,000 $18 $676,800
7. Tracer Wire 3,800 LF $2 $7,600 $3 $11,400
Management / Environmental / Engineering $1,475,700 $1,827,200
1. Administration 5% $184,500 5% $228,400
2. Planning 3% $110,700 3% $137,100
3. Environmental and Permitting 5% $184,500 5% $228,400
4. Geotechnical Engineering 2% $73,800 2% $91,400
5. Surveying and Civil Engineering 10% $368,900 10% $456,700
6. Construction Management and Inspection 12% $442,600 12% $548,100
7. Mitigation 3% $110,700 3% $137,100
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$1,032,800 $1,278,900
Project Totals $6,197,000 $7,673,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 9 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT CUTOFF WALL
ID 10 STA 781+00 TO STA 799+50
Construction $1,785,900 $2,211,200
1. Mobilization 10% $158,100 10% $195,700
2. Erosion Control 3% $47,500 3% $58,800
3. Degrade Existing Levee (1/3 Height) 8,500 CY $10 $85,000 $12 $102,000
4. Soil-Bentonite (SB) Cutoff Wall 148,000 SF $8 $1,184,000 $10 $1,480,000
5. Temporary Cap (Double Handle) 3,300 CY $10 $33,000 $12 $39,600
6. Imported Engineered Fill 18,300 TN $15 $274,500 $18 $329,400
7. Tracer Wire 1,900 LF $2 $3,800 $3 $5,700
Management / Environmental / Engineering $714,600 $884,900
1. Administration 5% $89,300 5% $110,600
2. Planning 3% $53,600 3% $66,400
3. Environmental and Permitting 5% $89,300 5% $110,600
4. Geotechnical Engineering 2% $35,800 2% $44,300
5. Surveying and Civil Engineering 10% $178,600 10% $221,200
6. Construction Management and Inspection 12% $214,400 12% $265,400
7. Mitigation 3% $53,600 3% $66,400
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$500,100 $619,300
Project Totals $3,001,000 $3,716,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 10 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total PROJECT LEVEE RAISE @ WALTHALL SLOUGH
ID 11 STA 822+80 TO STA 853+50
Construction $969,000 $1,154,700
1. Mobilization 3% $27,500 3% $32,700
2. Erosion Control 3% $27,500 3% $32,700
3. Clearing and Grubbing 5.3 AC $2,000 $10,600 $2,400 $12,800
4. Imported Engineered Fill 47,600 TN $15 $714,000 $18 $856,800
5. Class 2 Aggregate Base 2,300 TN $25 $57,500 $29 $66,700
6. Reconstruct Existing 20" Pipe 1 EA $95,000 $95,000 $109,500 $109,500
7. Air Release Valve 1 EA $2,000 $2,000 $2,400 $2,400
8. 20" Valve 1 EA $18,000 $18,000 $20,800 $20,800
9. Hydroseeding 168,900 SF $0.10 $16,900 $0.12 $20,300
Mangement / Environmental / Engineering $387,800 $462,200
1. Administration 5% $48,500 5% $57,800
2. Planning 3% $29,100 3% $34,700
3. Environmental and Permitting 5% $48,500 5% $57,800
4. Geotechnical Engineering 2% $19,400 2% $23,100
5. Surveying and Civil Engineering 10% $96,900 10% $115,500
6. Construction Management and Inspection 12% $116,300 12% $138,600
7. Mitigation 3% $29,100 3% $34,700
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$271,400 $323,400
Project Totals $1,629,000 $1,941,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 11 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total PROJECT LEVEE RAISE & SEEPAGE BERM @ DRYLAND LEVEE
ID 12 STA 853+50 TO STA 972+25
Construction $18,810,800 $22,234,400
1. Mobilization 3% $532,400 3% $629,300
2. Erosion Control 3% $532,400 3% $629,300
3. Traffic Control 1 LS $50,000 $50,000 $57,700 $57,700
4. AC Pavement Repairs 20,000 SF $10 $200,000 $12 $240,000
5. Clearing and Grubbing 50.9 AC $2,000 $101,800 $2,400 $122,200
6. Imported Engineered Fill 569,900 TN $15 $8,548,500 $18 $10,258,200
7. Drain Rock Material 170,400 TN $30 $5,112,000 $35 $5,964,000
8. Sand Filter Material 79,800 TN $25 $1,995,000 $29 $2,314,200
9. Filter Fabric 928,400 SF $0.50 $464,200 $0.58 $538,500
10. Class 2 Aggregate Base 15,700 TN $25 $392,500 $29 $455,300
11. Encroachment Modification 1 EA $100,000 $100,000 $115,300 $115,300
12. Hydroseeding 1,519,200 SF $0.10 $152,000 $0.12 $182,400
13. Quarry Stone Riprap 14,000 TN $45 $630,000 $52 $728,000 Mangement / Environmental / Engineering $7,524,700 $8,894,200
1. Administration 5% $940,600 5% $1,111,800
2. Planning 3% $564,400 3% $667,100
3. Environmental and Permitting 5% $940,600 5% $1,111,800
4. Geotechnical Engineering 2% $376,300 2% $444,700
5. Surveying and Civil Engineering 10% $1,881,100 10% $2,223,500
6. Construction Management and Inspection 12% $2,257,300 12% $2,668,200
7. Mitigation 3% $564,400 3% $667,100
Real Estate $735,000 $849,200
1. Land Valuation (Agricultural) 19.4 AC $25,000 $485,000 $28,900 $560,700
2. Easement Acquisition 5 EA $50,000 $250,000 $57,700 $288,500 $5,414,100 $6,395,600
Project Totals $32,485,000 $38,374,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 12 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT EROSION REPAIRS
ID 13 STA 0+00 TO STA 959+00
Construction $5,586,200 $6,458,400
1. Mobilization 3% $158,100 3% $182,800
2. Erosion Control 3% $158,100 3% $182,800
3. Clearing and Grubbing 34.0 AC $2,000 $68,000 $2,400 $81,600
4. Quarry Stone Riprap 115,600 TN $45 $5,202,000 $52 $6,011,200 Mangement / Environmental / Engineering $2,234,900 $2,583,800
1. Administration 5% $279,400 5% $323,000
2. Planning 3% $167,600 3% $193,800
3. Environmental and Permitting 5% $279,400 5% $323,000
4. Geotechnical Engineering 2% $111,800 2% $129,200
5. Surveying and Civil Engineering 10% $558,700 10% $645,900
6. Construction Management and Inspection 12% $670,400 12% $775,100
7. Mitigation 3% $167,600 3% $193,800
Real Estate $0 $0
1. Land Valuation (Agricultural) 0.0 AC $25,000 $0 $28,900 $0
2. Easement Acquisition 0 EA $50,000 $0 $57,700 $0
$1,564,300 $1,808,500
Project Totals $9,386,000 $10,851,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 13 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT RIGHT-OF-WAY ACQUISITION (EXISTING DEFICIENCIES) ID 14 STA 0+00 TO STA 959+00
Real Estate $10,317,500 $11,903,200
1. Land Valuation (Agricultural) 40.7 AC $25,000 $1,017,500 $28,900 $1,176,300
2. Land Valuation (Residential) 3.0 AC $250,000 $750,000 $288,100 $864,300
3. Land Valuation (Commercial) 1.0 AC $250,000 $250,000 $288,100 $288,100
4. Improvement Valuation (Residential) 15 EA $150,000 $2,250,000 $172,900 $2,593,500
5. Easement Acquisition 113 EA $50,000 $5,650,000 $57,700 $6,520,100
6. Easement Acquisition (Oak Shores) 1 EA $400,000 $400,000 $460,900 $460,900 $2,063,500 $2,380,700
Project Totals $12,381,000 $14,284,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 14 of 15 Print Date: 1/29/2021 ATTACHMENT 2
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA ULDC COST ESTIMATE UPDATE TO 2021$
SAN JOAQUIN COUNTY, CALIFORNIA
OPINION OF PROBABLE COSTS
DETAILS OF PROPOSED IMPROVEMENTS
2015$ 2021$
Item Description Qty Unit Unit Price Total Unit Price Total
PROJECT DRYLAND LEVEE EXTENSION
ID 15 STA 959+00 TO STA 1104+20
Construction $23,983,300 $28,501,800
1. Mobilization 3% $678,800 3% $806,700
2. Erosion Control 3% $678,800 3% $806,700
3. Traffic Control 1 LS $120,000 $120,000 $138,300 $138,300
4. AC Pavement Repairs 70,000 SF $10 $700,000 $12 $840,000
5. Clearing and Grubbing 80.8 AC $5,000 $404,200 $5,800 $468,900
6. Excavate Levee Keyway 38,800 CY $10 $388,000 $12 $465,600
7. Imported Engineered Fill 958,800 TN $15 $14,382,000 $18 $17,258,400
8. Drain Rock Material 110,100 TN $30 $3,303,000 $35 $3,853,500
9. Sand Filter Material 33,100 TN $25 $827,500 $29 $959,900
10. Filter Fabric 742,500 SF $0.50 $371,300 $0.58 $430,700
11. Class 2 Aggregate Base 10,800 TN $25 $270,000 $29 $313,200
12. Encroachment Removal 2 EA $50,000 $100,000 $57,700 $115,400
13. Encroachment Modification 3 EA $100,000 $300,000 $115,300 $345,900
14. Relocate Ditch 9,100 LF $10 $91,000 $12 $109,200
15. Hydroseeding 1,761,100 SF $0.10 $176,200 $0.12 $211,400
16. Quarry Stone Riprap 26,500 TN $45 $1,192,500 $52 $1,378,000 Management / Environmental / Engineering $9,593,500 $11,401,000
1. Administration 5% $1,199,200 5% $1,425,100
2. Planning 3% $719,500 3% $855,100
3. Environmental and Permitting 5% $1,199,200 5% $1,425,100
4. Geotechnical Engineering 2% $479,700 2% $570,100
5. Surveying and Civil Engineering 10% $2,398,400 10% $2,850,200
6. Construction Management and Inspection 12% $2,878,000 12% $3,420,300
7. Mitigation 3% $719,500 3% $855,100
Real Estate $3,167,500 $3,659,500
1. Land Valuation (Agricultural) 82.7 AC $25,000 $2,067,500 $28,900 $2,390,100
2. Easement Acquisition 22 EA $50,000 $1,100,000 $57,700 $1,269,400 $7,348,900 $8,712,500
Project Totals $44,094,000 $52,275,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 15 of 15 Print Date: 1/29/2021 ATTACHMENT 2
San Joaquin Area Flood Control Agency
Mossdale Tract Area
Urban Flood Risk Reduction Project
2023 Cost Estimate Update
EXHIBIT 2
Dryland Levee Extension Comparison
ATTACHMENT 2
© 2023 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS 870+00
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LEGEND:
FIX-IN-PLACE EX. RD 17 DRYLAND LEVEE
REMNANT RD 17 DRYLAND LEVEE
2021 FIX-IN-PLACE EX. RD 17 DRYLAND LEVEE
2021 NEW DRYLAND LEVEE EXTENSION
2023 NEW DRYLAND LEVEE EXTENSION
2021 PROJECT
PROJECT
ID
STATION
FROM
STATION
TO
LEVEE
MILES DESCRIPTION
12 853+50 908+60 1.04 FIX-IN-PLACE EX. RD 17 DRYLAND LEVEE 12 908+60 959+50 0.96 FIX-IN-PLACE EX. RD 17 DRYLAND LEVEE 15 959+50 1052+00 1.76 NEW DRYLAND LEVEE EXTENSION
2023 PROJECT
PROJECT
ID
STATION
FROM
STATION
TO
LEVEE
MILES DESCRIPTION
12 853+96 908+60 1.03 FIX-IN-PLACE EX. RD 17 DRYLAND LEVEE 15 908+60 1030+53 2.31 NEW DRYLAND LEVEE EXTENSION
AIRPORT WY
WOODWARD AV
OLEANDER WY
UNION RD
PEACH RD
FIG RD
NORTH ORIENTATION
N
FILE SPEC:PLOT DATE:
DRAWING SCALE EXHIBIT NO.
www.ksninc.com
711 N. Pershing Avenue
Stockton, CA 95203
209-946-0268
916-403-5900
1550 Harbor Blvd., Suite 212
West Sacramento, CA 95691 0 ½" 1"
ORIGINAL DRAWING SCALE
PAGE NO.
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA
URBAN FLOOD RISK REDUCTION PROJECT
DRYLAND LEVEE EXTENSION COMPARISON
1" = 500'
2 1
ATTACHMENT 2
San Joaquin Area Flood Control Agency
Mossdale Tract Area
Urban Flood Risk Reduction Project
2023 Cost Estimate Update
EXHIBIT 3
2023 Cost Estimate Breakdown
ATTACHMENT 2
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 CUTOFF WALL
ID 1 STA 119+50 TO STA 148+00
Construction $5,818,000
1. Mobilization 10% $514,900
2. Erosion Control 3% $154,500
3. Clearing and Grubbing 5.4 AC $2,700 $14,600
4. Degrade Existing Levee (1/3 Height) 12,100 CY $14 $169,400
5. Soil-Bentonite (SB) Cutoff Wall 69,100 SF $11 $760,100
6. Temporary Cap (Double Handle) 5,100 CY $14 $71,400
7. Imported Engineered Fill 51,900 TN $25 $1,297,500
8. Class 2 Aggregate Base 2,200 TN $45 $99,000
9. Reconstruct Existing 8" Pipe 2 EA $58,800 $117,600
10. Reconstruct Existing 42" Pipe 6 EA $326,400 $1,958,400
11. Air Release Valve 8 EA $2,700 $21,600
12. 8" Valve 2 EA $3,300 $6,600
13. 42" Valve 6 EA $91,400 $548,400
14. Encroachment Removal 3 EA $13,100 $39,300
15. Encroachment Modification 1 EA $26,700 $26,700
16. Hydroseeding 128,300 SF $0.14 $18,000
Mangement / Environmental / Engineering $2,327,400
1. Administration 5% $290,900
2. Planning 3% $174,600
3. Environmental and Permitting 5% $290,900
4. Geotechnical Engineering 2% $116,400
5. Surveying and Civil Engineering 10% $581,800
6. Construction Management and Inspection 12% $698,200
7. Mitigation 3% $174,600
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$1,629,100
Project Totals $9,775,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 1 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 CUTOFF WALL
ID 2 STA 175+45 TO STA 192+00
Construction $2,653,500
1. Mobilization 10% $234,900
2. Erosion Control 3% $70,500
3. Clearing and Grubbing 3.7 AC $2,700 $10,000
4. Degrade Existing Levee (1/3 Height) 13,400 CY $14 $187,600
5. Soil-Bentonite (SB) Cutoff Wall 80,500 SF $11 $885,500
6. Temporary Cap (Double Handle) 3,500 CY $14 $49,000
7. Imported Engineered Fill 30,500 TN $25 $762,500
8. Class 2 Aggregate Base 1,500 TN $45 $67,500
9. Reconstruct Existing 8" Pipe 2 EA $58,800 $117,600
10. Reconstruct Existing 12" Pipe 1 EA $78,400 $78,400
11. Reconstruct Existing 16" Pipe 1 EA $104,500 $104,500
12. Air Release Valve 4 EA $2,700 $10,800
13. 8" Valve 2 EA $3,300 $6,600
14. 12" Valve 1 EA $5,300 $5,300
15. 16" Valve 1 EA $11,100 $11,100
16. Encroachment Removal 3 EA $13,100 $39,300
17. Hydroseeding 88,000 SF $0.14 $12,400
Mangement / Environmental / Engineering $1,061,800
1. Administration 5% $132,700
2. Planning 3% $79,700
3. Environmental and Permitting 5% $132,700
4. Geotechnical Engineering 2% $53,100
5. Surveying and Civil Engineering 10% $265,400
6. Construction Management and Inspection 12% $318,500
7. Mitigation 3% $79,700
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$743,100
Project Totals $4,459,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 2 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 SEEPAGE BERM
ID 3 STA 190+50 TO STA 247+00
Construction $11,432,800
1. Mobilization 3% $323,600
2. Erosion Control 3% $323,600
3. Clearing and Grubbing 20.8 AC $2,700 $56,200
4. Imported Engineered Fill 195,100 TN $25 $4,877,500
5. Drain Rock Material 78,600 TN $45 $3,537,000
6. Sand Filter Material 19,700 TN $45 $886,500
7. Filter Fabric 675,300 SF $0.66 $445,700
8. Class 2 Aggregate Base 4,300 TN $45 $193,500
9. Reconstruct Existing 8" Pipe 4 EA $58,800 $235,200
10. Reconstruct Existing 10" Pipe 2 EA $71,900 $143,800
11. Reconstruct Existing 16" Pipe 1 EA $104,500 $104,500
12. Reconstruct Existing 20" Pipe 1 EA $124,100 $124,100
13. Air Release Valve 8 EA $2,700 $21,600
14. 8" Valve 4 EA $3,300 $13,200
15. 10" Valve 2 EA $4,000 $8,000
16. 16" Valve 1 EA $11,100 $11,100
17. 20" Valve 1 EA $23,600 $23,600
18. Hydroseeding 743,100 SF $0.14 $104,100
Mangement / Environmental / Engineering $4,573,400
1. Administration 5% $571,700
2. Planning 3% $343,000
3. Environmental and Permitting 5% $571,700
4. Geotechnical Engineering 2% $228,700
5. Surveying and Civil Engineering 10% $1,143,300
6. Construction Management and Inspection 12% $1,372,000
7. Mitigation 3% $343,000
Real Estate $872,400
1. Land Valuation (Agricultural) 12.7 AC $32,700 $415,300
2. Easement Acquisition 7 EA $65,300 $457,100
$3,375,800
Project Totals $20,255,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 3 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 SEEPAGE BERM
ID 4 STA 255+50 TO STA 259+50
Construction $856,400
1. Mobilization 3% $24,300
2. Erosion Control 3% $24,300
3. Clearing and Grubbing 1.4 AC $2,700 $3,800
4. Imported Engineered Fill 16,700 TN $25 $417,500
5. Drain Rock Material 4,500 TN $45 $202,500
6. Sand Filter Material 1,200 TN $45 $54,000
7. Filter Fabric 40,800 SF $0.66 $27,000
8. Class 2 Aggregate Base 400 TN $45 $18,000
9. Reconstruct Existing 10" Pipe 1 EA $71,900 $71,900
10. Air Release Valve 1 EA $2,700 $2,700
11. 10" Valve 1 EA $4,000 $4,000
12. Hydroseeding 45,600 SF $0.14 $6,400
Mangement / Environmental / Engineering $342,900
1. Administration 5% $42,900
2. Planning 3% $25,700
3. Environmental and Permitting 5% $42,900
4. Geotechnical Engineering 2% $17,200
5. Surveying and Civil Engineering 10% $85,700
6. Construction Management and Inspection 12% $102,800
7. Mitigation 3% $25,700
Real Estate $88,200
1. Land Valuation (Agricultural) 0.7 AC $32,700 $22,900
2. Easement Acquisition 1 EA $65,300 $65,300
$257,500
Project Totals $1,545,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 4 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 SEEPAGE BERM
ID 5 STA 270+00 TO STA 297+75
Construction $5,128,900
1. Mobilization 3% $145,200
2. Erosion Control 3% $145,200
3. Clearing and Grubbing 9.1 AC $2,700 $24,600
4. Imported Engineered Fill 94,000 TN $25 $2,350,000
5. Drain Rock Material 31,400 TN $45 $1,413,000
6. Sand Filter Material 7,900 TN $45 $355,500
7. Filter Fabric 283,100 SF $0.66 $186,900
8. Class 2 Aggregate Base 2,100 TN $45 $94,500
9. Reconstruct Existing 10" Pipe 1 EA $71,900 $71,900
10. Reconstruct Existing 12" Pipe 2 EA $78,400 $156,800
11. Reconstruct Existing 16" Pipe 1 EA $104,500 $104,500
12. Air Release Valve 4 EA $2,700 $10,800
13. 10" Valve 1 EA $4,000 $4,000
14. 12" Valve 2 EA $5,300 $10,600
15. 16" Valve 1 EA $11,100 $11,100
16. Hydroseeding 316,400 SF $0.14 $44,300
Mangement / Environmental / Engineering $2,051,800
1. Administration 5% $256,500
2. Planning 3% $153,900
3. Environmental and Permitting 5% $256,500
4. Geotechnical Engineering 2% $102,600
5. Surveying and Civil Engineering 10% $512,900
6. Construction Management and Inspection 12% $615,500
7. Mitigation 3% $153,900
Real Estate $428,000
1. Land Valuation (Agricultural) 5.1 AC $32,700 $166,800
2. Easement Acquisition 4 EA $65,300 $261,200
$1,521,800
Project Totals $9,131,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 5 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 CUTOFF WALL
ID 6 STA 311+00 TO STA 362+50
Construction $9,376,600
1. Mobilization 10% $829,800
2. Erosion Control 3% $249,000
3. Clearing and Grubbing 10.8 AC $2,700 $29,200
4. Degrade Existing Levee (1/3 Height) 31,600 CY $14 $442,400
5. Soil-Bentonite (SB) Cutoff Wall 328,200 SF $11 $3,610,200
6. Temporary Cap (Double Handle) 9,200 CY $14 $128,800
7. Imported Engineered Fill 135,800 TN $25 $3,395,000
8. Class 2 Aggregate Base 4,000 TN $45 $180,000
9. Reconstruct Existing 6" Pipe 1 EA $52,300 $52,300
10. Reconstruct Existing 8" Pipe 1 EA $58,800 $58,800
11. Reconstruct Existing 10" Pipe 3 EA $71,900 $215,700
12. Reconstruct Existing 14" Pipe 1 EA $98,000 $98,000
13. Air Release Valve 6 EA $2,700 $16,200
14. 6" Valve 1 EA $2,700 $2,700
15. 8" Valve 1 EA $3,300 $3,300
16. 10" Valve 3 EA $4,000 $12,000
17. 14" Valve 1 EA $9,200 $9,200
18. Hydroseeding 314,200 SF $0.14 $44,000
Mangement / Environmental / Engineering $3,750,900
1. Administration 5% $468,900
2. Planning 3% $281,300
3. Environmental and Permitting 5% $468,900
4. Geotechnical Engineering 2% $187,600
5. Surveying and Civil Engineering 10% $937,700
6. Construction Management and Inspection 12% $1,125,200
7. Mitigation 3% $281,300
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$2,625,500
Project Totals $15,753,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 6 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 CUTOFF WALL
ID 7 STA 388+00 TO STA 518+50
Construction $21,461,200
1. Mobilization 10% $1,899,300
2. Erosion Control 3% $569,800
3. Clearing and Grubbing 27.3 AC $2,700 $73,800
4. Degrade Existing Levee (1/3 Height) 66,100 CY $14 $925,400
5. Soil-Bentonite (SB) Cutoff Wall 760,800 SF $11 $8,368,800
6. Temporary Cap (Double Handle) 23,300 CY $14 $326,200
7. Imported Engineered Fill 277,000 TN $25 $6,925,000
8. Class 2 Aggregate Base 9,900 TN $45 $445,500
9. Reconstruct Existing 4" Pipe 1 EA $45,700 $45,700
10. Reconstruct Existing 6" Pipe 2 EA $52,300 $104,600
11. Reconstruct Existing 10" Pipe 2 EA $71,900 $143,800
12. Reconstruct Existing 12" Pipe 5 EA $78,400 $392,000
13. Reconstruct Existing 14" Pipe 2 EA $98,000 $196,000
14. Reconstruct Existing 16" Pipe 3 EA $104,500 $313,500
15. Reconstruct Existing 20" Pipe 1 EA $124,100 $124,100
16. Reconstruct Existing 36" Pipe 1 EA $261,200 $261,200
17. Air Release Valve 17 EA $2,700 $45,900
18. 4" Valve 1 EA $2,000 $2,000
19. 6" Valve 2 EA $2,700 $5,400
20. 10" Valve 2 EA $4,000 $8,000
21. 12" Valve 5 EA $5,300 $26,500
22. 14" Valve 2 EA $9,200 $18,400
23. 16" Valve 3 EA $11,100 $33,300
24. 20" Valve 1 EA $23,600 $23,600
25. 36" Valve 1 EA $71,900 $71,900
26. Hydroseeding 796,000 SF $0.14 $111,500
Mangement / Environmental / Engineering $8,584,900
1. Administration 5% $1,073,100
2. Planning 3% $643,900
3. Environmental and Permitting 5% $1,073,100
4. Geotechnical Engineering 2% $429,300
5. Surveying and Civil Engineering 10% $2,146,200
6. Construction Management and Inspection 12% $2,575,400
7. Mitigation 3% $643,900
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$6,009,300
Project Totals $36,056,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 7 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 LEVEE RAISE
ID 8 STA 570+00 TO STA 822+80
Construction $13,277,500
1. Mobilization 3% $375,800
2. Erosion Control 3% $375,800
3. Clearing and Grubbing 43.6 AC $2,700 $117,800
4. Imported Engineered Fill 350,900 TN $25 $8,772,500
5. Floodwall (3' tall) 1,300 LF $164 $213,200
6. Class 2 Aggregate Base 19,300 TN $45 $868,500
7. Reconstruct Existing 12" Pipe 3 EA $78,400 $235,200
8. Reconstruct Existing 16" Pipe 1 EA $104,500 $104,500
9. Reconstruct Existing 18" Pipe 4 EA $111,000 $444,000
10. Reconstruct Existing 20" Pipe 1 EA $124,100 $124,100
11. Reconstruct Existing 48" Pipe 1 EA $391,700 $391,700
12. Air Release Valve 10 EA $2,700 $27,000
13. 12" Valve 3 EA $5,300 $15,900
14. 16" Valve 1 EA $11,100 $11,100
15. 18" Valve 4 EA $18,300 $73,200
16. 20" Valve 1 EA $23,600 $23,600
17. 48" Valve 1 EA $111,000 $111,000
18. Encroachment Removal 31 EA $13,100 $406,100
19. Encroachment Modification 3 EA $130,600 $391,800
20. Hydroseeding 1,390,400 SF $0.14 $194,700
Management / Environmental / Engineering $5,311,300
1. Administration 5% $663,900
2. Planning 3% $398,400
3. Environmental and Permitting 5% $663,900
4. Geotechnical Engineering 2% $265,600
5. Surveying and Civil Engineering 10% $1,327,800
6. Construction Management and Inspection 12% $1,593,300
7. Mitigation 3% $398,400
Real Estate $673,400
1. Land Valuation (Agricultural) 8.6 AC $32,700 $281,600
2. Easement Acquisition 6 EA $65,300 $391,800
$3,852,500
Project Totals $23,115,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 8 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 CUTOFF WALL
ID 9 STA 703+00 TO STA 741+30
Construction $4,241,300
1. Mobilization 10% $375,400
2. Erosion Control 3% $112,600
3. Degrade Existing Levee (1/3 Height) 35,500 CY $14 $497,000
4. Soil-Bentonite (SB) Cutoff Wall 287,500 SF $11 $3,162,500
5. Temporary Cap (Double Handle) 6,700 CY $14 $93,800
6. Imported Engineered Fill 0 TN $25 $0
Management / Environmental / Engineering $1,696,900
1. Administration 5% $212,100
2. Planning 3% $127,300
3. Environmental and Permitting 5% $212,100
4. Geotechnical Engineering 2% $84,900
5. Surveying and Civil Engineering 10% $424,200
6. Construction Management and Inspection 12% $509,000
7. Mitigation 3% $127,300
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$1,187,700
Project Totals $7,126,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 9 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 CUTOFF WALL
ID 10 STA 781+00 TO STA 799+50
Construction $1,967,700
1. Mobilization 10% $174,200
2. Erosion Control 3% $52,300
3. Degrade Existing Levee (1/3 Height) 17,300 CY $14 $242,200
4. Soil-Bentonite (SB) Cutoff Wall 132,200 SF $11 $1,454,200
5. Temporary Cap (Double Handle) 3,200 CY $14 $44,800
6. Imported Engineered Fill 0 TN $25 $0
Management / Environmental / Engineering $787,400
1. Administration 5% $98,400
2. Planning 3% $59,100
3. Environmental and Permitting 5% $98,400
4. Geotechnical Engineering 2% $39,400
5. Surveying and Civil Engineering 10% $196,800
6. Construction Management and Inspection 12% $236,200
7. Mitigation 3% $59,100
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$551,100
Project Totals $3,307,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 10 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 LEVEE RAISE @ WALTHALL SLOUGH
ID 11 STA 822+80 TO STA 853+96
Construction $757,000
1. Mobilization 3% $21,500
2. Erosion Control 3% $21,500
3. Clearing and Grubbing 5.3 AC $2,700 $14,400
4. Imported Engineered Fill 16,700 TN $25 $417,500
5. Class 2 Aggregate Base 2,400 TN $45 $108,000
6. Reconstruct Existing 20" Pipe 1 EA $124,100 $124,100
7. Air Release Valve 1 EA $2,700 $2,700
8. 20" Valve 1 EA $23,600 $23,600
9. Hydroseeding 168,900 SF $0.14 $23,700
Mangement / Environmental / Engineering $303,200
1. Administration 5% $37,900
2. Planning 3% $22,800
3. Environmental and Permitting 5% $37,900
4. Geotechnical Engineering 2% $15,200
5. Surveying and Civil Engineering 10% $75,700
6. Construction Management and Inspection 12% $90,900
7. Mitigation 3% $22,800
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$212,100
Project Totals $1,273,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 11 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 LEVEE RAISE & SEEPAGE BERM @ DRYLAND LEVEE
ID 12 STA 853+96 TO STA 908+60
Construction $8,717,600
1. Mobilization 3% $246,800
2. Erosion Control 3% $246,800
3. Traffic Control 1 LS $65,300 $65,300
4. AC Pavement Repairs 20,000 SF $14 $280,000
5. Clearing and Grubbing 50.9 AC $2,700 $137,500
6. Imported Engineered Fill 144,300 TN $25 $3,607,500
7. Drain Rock Material 51,900 TN $45 $2,335,500
8. Sand Filter Material 13,000 TN $45 $585,000
9. Filter Fabric 481,600 SF $0.66 $317,900
10. Class 2 Aggregate Base 4,100 TN $45 $184,500
11. Encroachment Modification 1 EA $130,600 $130,600
12. Hydroseeding 1,067,300 SF $0.14 $149,500
13. Quarry Stone Riprap 7,300 TN $59 $430,700
Mangement / Environmental / Engineering $3,487,400
1. Administration 5% $435,900
2. Planning 3% $261,600
3. Environmental and Permitting 5% $435,900
4. Geotechnical Engineering 2% $174,400
5. Surveying and Civil Engineering 10% $871,800
6. Construction Management and Inspection 12% $1,046,200
7. Mitigation 3% $261,600
Real Estate $960,900
1. Land Valuation (Agricultural) 19.4 AC $32,700 $634,400
2. Easement Acquisition 5 EA $65,300 $326,500
$2,633,200
Project Totals $15,800,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 12 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 EROSION REPAIRS
ID 13 STA 0+00 TO STA 908+60
Construction $7,327,000
1. Mobilization 3% $207,400
2. Erosion Control 3% $207,400
3. Clearing and Grubbing 34.0 AC $2,700 $91,800
4. Quarry Stone Riprap 115,600 TN $59 $6,820,400
Mangement / Environmental / Engineering $2,931,200
1. Administration 5% $366,400
2. Planning 3% $219,900
3. Environmental and Permitting 5% $366,400
4. Geotechnical Engineering 2% $146,600
5. Surveying and Civil Engineering 10% $732,700
6. Construction Management and Inspection 12% $879,300
7. Mitigation 3% $219,900
Real Estate $0
1. Land Valuation (Agricultural) 0.0 AC $32,700 $0
2. Easement Acquisition 0 EA $65,300 $0
$2,051,700
Project Totals $12,310,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 13 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 RIGHT-OF-WAY ACQUISITION (EXISTING DEFICIENCIES) ID 14 STA 0+00 TO STA 908+60
Real Estate $13,476,200
1. Land Valuation (Agricultural) 40.7 AC $32,700 $1,330,900
2. Land Valuation (Residential) 3.0 AC $326,400 $979,200
3. Land Valuation (Commercial) 1.0 AC $326,400 $326,400
4. Improvement Valuation (Residential) 15 EA $195,900 $2,938,500
5. Easement Acquisition 113 EA $65,300 $7,378,900
6. Easement Acquisition (Oak Shores) 1 EA $522,300 $522,300 $2,695,300
Project Totals $16,172,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 14 of 15 Print Date: 2/24/2023 ATTACHMENT 2
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 DRYLAND LEVEE EXTENSION
ID 15 STA 908+60 TO STA 1030+53
Construction $29,504,900
1. Mobilization 3% $835,100
2. Erosion Control 3% $835,100
3. Traffic Control 1 LS $159,400 $159,400
4. AC Pavement Repairs 70,000 SF $14 $980,000
5. Clearing and Grubbing 80.8 AC $6,700 $541,700
6. Excavate Levee Keyway 32,600 CY $14 $456,400
7. Imported Engineered Fill 781,600 TN $25 $19,540,000
8. Drain Rock Material 58,100 TN $45 $2,614,500
9. Sand Filter Material 14,600 TN $45 $657,000
10. Filter Fabric 391,700 SF $0.66 $258,600
11. Class 2 Aggregate Base 9,300 TN $45 $418,500
12. Encroachment Removal 2 EA $66,500 $133,000
13. Encroachment Modification 3 EA $130,600 $391,800
14. Relocate Ditch 9,100 LF $14 $127,400
15. Hydroseeding 1,761,100 SF $0.14 $246,600
16. Quarry Stone Riprap 22,200 TN $59 $1,309,800
Management / Environmental / Engineering $11,802,200
1. Administration 5% $1,475,300
2. Planning 3% $885,200
3. Environmental and Permitting 5% $1,475,300
4. Geotechnical Engineering 2% $590,100
5. Surveying and Civil Engineering 10% $2,950,500
6. Construction Management and Inspection 12% $3,540,600
7. Mitigation 3% $885,200
Real Estate $4,140,900
1. Land Valuation (Agricultural) 82.7 AC $32,700 $2,704,300
2. Easement Acquisition 22 EA $65,300 $1,436,600
$9,089,600
Project Totals $54,538,000
Contingency (20%)
Kjeldsen, Sinnock & Neudeck, Inc. Page 15 of 15 Print Date: 2/24/2023 ATTACHMENT 2
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
1801014 Adequate Progress Report Appendix Covers 2024 1227.docx 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 EXECUTIONCOPY)
DEVELOPMENT IMPACT FEE PROGRAM SUPPORTING TABLES
Reso 22-07 SJAFCA Resolution Adopting Regional Impact Fee Program ................................... B1 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 B7 Creditable Pre-Project Expenditures ....................................................................... B26 ATTACHMENT 2
RESOLUTION NO. SJAFCA 22-07
SAN JOAQUIN AREA
FLOOD CONTROL AGENCY
ATTACHMENT A
==================================================================
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 Resolutlon 22-07
ATTACHMENT 2
CHRIS ELIAS, Secretary
of the San Joaquin Area
Flood Control Agency
SJAFCA Resolution 22-07
ounsel
ATTACHMENT A
DAN WRI HT, Chair
of the San Joaquin Area
Flood Control Agency
ATTACHMENT 2
AMENDED AGREEMENT FOR COLLECTION OF
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF
FLOOD PROTECTION DEVELOPMENT IMPACT FEE
Exhibit 2
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").
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AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
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's land 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. 1ms38vl
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
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:
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AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact fee
ATTACHMENT 2
6. 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.
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 conjl!nction 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's Board of Directors shall hear all appeals for waiver or reduction in SJAFCA's DIF. 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 17n53Bvl
AMENDED Agreement for Collection of San Joaquin AreaFlood Control Agency Development Impact Fee
Page4 ofl3
ATTACHMENT 2
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's department, 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's actual 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 l m53Svl
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
Council, officers, directors, agents and employees from and against any and all demands, liabilities, claims, actions, costs, damages, losses, litigation or expenses (including attorney's fees) 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/or their 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's fees) 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:
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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
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
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 eithe~ (i) 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. l7775l8vl
AMENDED Agreement for Collection of San Joaquin Area Flood Conb·ol Agency Development Impact Fee
ATTACHMENT 2
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.
1777538vl
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
22. Interpretation. For purposes of this Agreement, references to "he" shall mean and include "she," references to "him" shall mean and include "her," ahd references to "his" shall mean and include "hers."
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first above-written.
COUNTY OF SAN JOAQUIN
a political subdivision of the State of California
y Administraror
ATTEST:
Clerk of the Board of Supervisors
of the County of San Joaquin,
State of California
By: __________ _
RACHEL DeBORD
Deputy Clerk
RECOMMENDED FOR APPROVAL:
By: ___ __,,--________ _
FR . B CHMAN, CE T.E., CFM
Interim Director of Public Works
APPROVED AS TO FORM:
By: __ -_l_ V\,___,.__,,,C, =-/_ > __ _ Matthew Dacey
Deputy County Counsel
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CITY OF STOCKTON,
a municipal Corporation
By: __________ _
ATTEST:
Clerk of the City of Stockton
By: __________ _
APPROVED AS TO FORM
By: ____________ _
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
CITY OF LATHROP,
a municipal Corporation
~ City Manager
ATTEST:
Clerk of the City of Lathrop
APPROVED AS TO FORM:
By: 2- -...A/
Salvador Navarrete
City Attorney
SAN JOAQUIN AREA FLOOD CONTROL
AGENCY
By: _________
J~~ _
CHRIS ELIAS
Executive Director
177753Kvl
CITY OF MANTECA,
a municipal Corporation
By: ________ _
Title:
ATTEST:
Clerk of the City of Manteca
By: _____ ___ _
Title:
APPROVED AS TO FORM:
By: ________ _
Title:
APPROVED AS TO FORM:
By: ~ -
SCOIT L. SHAPIRO
Agency Counsel
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
CITY OF LATHROP,
?. tn!Jni~ipal Corporation
Title:
ATTEST:-
Glerk oftne City of Lathrop·
Hy: _____ _ ____ _
APPROVED AS TO FORM:
By: ______ ____ _
Tille:
SAN JOAQUIN AREA FL..000 CONTROL _AGENCY
By: __ _ ________ _
CHRIS ElJAsExecutive Director
1-'rllSl&vl
CITY OF MANTECA,
a rnuri,cip.al Corporation
ATTEST:
Clerk of the City of Manteca
APPROVED AS TO FORM:
By: 1V~
Tifle:
APPROVED AS· TO FORM:
By:.-_-,---,-:-------,-,--~---- - $COTT L. SHAFilRO
Agency Coµm~el
AMENDED AgreelI\eotfor Collec;tion9fSan Joa_quin Ar~a Flood Control Agency Development linpact:Pee
ATTACHMENT 2
EXHIBIT A
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE T RACT.AREA REGIONAL URBAN LEVEL OF
FLOOD PROTECTION DEVELOPMENT IMPACT FEE
Key Terms Related to the Repayment of
EIFD Payments to Land Use Entities from Impact Fees
1. Development Impact Fees "Impact Fees" collected after the Initial Years (ending in 2029), would be paid to each jurisdiction to help offset the general fund impacts associated with debt service requirements of the EIFD, subject first to priority reimbursement of "County Additional EIFD Contributions," as defined below. (i.e., the Impact Fees would be directly paid to the County until they have fully repaid the cumulative County Additional EIFD Contributions. After that repayment, Impact Fees would be used to offset the agencies' impacts to their respective general funds from prior EIFD property tax allocations, the "Impact Fee Offset," as further described below).
2. During the Initial Years, the following EIFD funding participation is proposed:
a) San Joaquin County proposed to contribute a total flat rate of 47% of property tax increment, comprised of its Initial Base Rate plus an additional 37% of property tax increment, with such additional amount defined as "County Additional EIFD Contribution".
b) Cities will each provide their respective Initial Base Rates.
3. Following the Initial Years, the following EIFD Funding participation and other financial arrangements are proposed:
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a) The Initial Base Rates would no longer apply and all agencies, including the County, would provide proportional EIFD contributions (i.e., the same percentage rate of total tax increment) to meet the debt service needs of any debt issued and secured by EIFD revenues subject to the Maximum Rate (20%) of total property tax increment. The contributions provided after the Initial Years would be subject to the Maximum Rate are defined as the "Post Project Annual Contribution."
b) The cumulative County Additional EIFD Contribution shall be repaid to the County using Impact Fees. County to receive 100% of Impact Fees until the cumulative Additional County EIFD Contribution is repaid with interest compounded quarterly on at the annual County Pooled Treasury Rate for that quarter plus 200 basis points.
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
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c) Following retirement of the cumulative County Additional EIFD Contribution with interest from Impact Fees, the Impact Fee Offset would be implemented as follows. All Impact Fees received by SJAFCA after repayment to the County would be allocated and paid to the Cities and the County to offset prior general fund impacts of previous EIFD contributions. The proportionate share of the cumulative total of each participating agency's Initial Contributions and Post Project Annual Contributions are defined as each agency's "Base EIFD Share." DIF revenues would be paid to each Agency based on its Base EIFD St:iare.
d) The duration (i.e., term) of Impact Fee Offset payments is yet to be determined. The term will be finalized during the process of updating the SJAFCA Mossdale ULOP Program Impact Fee Nexus Study. As part of the Impact Fee Update process, the Member Agencies will have an opportunity to weigh in on duration of the impact fee program.
AMENDED Agreement for Collection of San Joaquin Area Flood Control Agency Development Impact Fee
ATTACHMENT 2
EXHIBIT B
FEE CREDITING PRINCIPLES
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AMENDED Agreement for Collection o f San Joaquin Area Flood Conh·ol Agency Development Impact Fee
ATTACHMENT 2
EXHIBI~ B
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MOSSDALE TRACT AREA REGIONAL URBAN LEVEL OF FLOOD PROTECTION -I- l:\11:1:l l\71F>:A:e-r F-E-~ERE'El t=r-& R-EIM B·tJ-RSEM EN=f Pe 1:1-GIES
UNDERLYING ASSUMPTIONS
Thefollowihg are the underlying assumptions that predicate the establishment of credits and reimbursements:
• All funding, in-kind services, or construction of facilities in furtherance of providing an Urban Level of Flood Protection to Mossdale Tract Area, "Prior Advance Funding/' was provided in advance of the Reclamation District 17 Interim Levee Impact Fee (Interim Levee Fee) and San Joaquin Area Flood Control Agency (SJAFCA) Regional Levee Fee (Regional DIF) (collectively, the Levee Fee) on behalf of development projects will be identified by the tables in a "Credit & Reimbursement Analysis," to be prepared by SJAFCA-
• All Prior Advance Funding of the Levee Fee will be propo1tionately allocable to the individual tract maps/phases/units/villages In projects based upon a project's gross developable acreage. • Development within a project is assumed to have an obligation to fund levee improvements for all undeveloped gross developable acreage as of April 7, 2017 in Lathrop and April 22, 2017 In Manteca, the effective dates of the Interim Fe.es adopted by Lathrop and Manteca. • Units within a project are assumed to have been previously absorbed if a permit for the unit has been applied for before January 8, 2019, the effective date of SJAFCA's Regional DIF. • The Levee Fee obligation for all remaining developable acreage in a project absorbed before January 8, 2019 are the Initial Fee Rates as identified in the November 8, 2018, Mossdale Tract Area Regional Urban Level of Flood Protection Levee Impact Fee Nexus Study as adopted by SJAFCA Resolution _ -18 on November 8, 2018 (reference Table 1 of that Nexus Study). • The credit for Prior Advance Funding will be expressed in terms of GDAs and will be determined by taking the amount of prior advance funding and dividing it by the Initial Fee Rates per GDA. The amount of GDA credit will be set by this methodology and will not be recalculated in the future by the escalating fee rate.
• All permits that have previously been applied for before January 8, 2019, (i.e., absorbed) are assumed to have been fully funded with credit from prior advance funding and no additional Levee Fees will be required to be paid for these units.
• 1 For multiple projects that are being developed by a common landowner, if one project is determined to have advance funded Levee Fees in excess of its obligation and is due a reimbursement, the reimbursement will be applied and added to the credit of the next project currently underway with the consent of the landowner.
Pr~par~i bf UVA 1 October 22, 2018
ATTACHMENT 2
CREDITING POLICY FOR PRIOR ADV.1:-,NCE FUNDING
The Crediting Policy will allow forthe1use of the accumulated credit on a proportionate basis as the remainder of a project is developed. Th~ basis for the proportionality wlll be the ratio of Remaining Credit Acreage to Total Remaining Acres to be developed.
• "Remaining Credit Acreage" will be defined as the credit accumulated by the prior advance funding less the amount of credit utilized by units that have been absorbed prior to January 8, 2019. • "Total Remaining Acres" to be developed will be defined as the difference between the total developable GDAs in a project and the amount of acres absorbed before January 9, 2019, or as subseque11tly revised by the Land Use Agency and the Landowner.
Use of Prior Atlvance Funding Credit
As homes and/or projects are constructed by permits applied for after January 9, 2019, the lanelowner will fund a portion of the Levee Fee based on the relative proportionality between the remainder of a project not able to be funded from the Remalning Credit Acreage and the Total Remaining Acres left in the project after all previously absorbed units.
To im.plement this policy, the Land Use Agency will calculate this remaining amount of the Levee Fee due as the individual building permits are issued for units to be constructed in the project. Collection of the Levee Fee can be deferred consistent with any adopted fee deferral program by the Land Use agency.
CREDITING POLICY FOR CONSTRUCTION OF FACILITIES
Any Developer constructed facilities will be constructed pursuant to an agreement entered into between the Land Use Agency and SJAFCA. The agreement wlll specify the maximum amount of credit that will be afforded for the construction of the facility which will be the lesser of the estimated cost of the facility which was the basis for the development fee program or the Developer's actual construction cost ("Constructed Facilities Funding Credit"). Constructed Facilities Funding Credit will be documented and provided when a completed facility is accepted by the appropriate entity.
Use of Constructed Facilities Funding Cre/:lit
Use of Constructed Facilities Funding Credit will be consistent with the "Use of Advance Funding Credit" described above.
REIMBURSEMENT POLICY FOR PRIOR ADVANCE FUNDING
For Development Projects due a reimbursement as a result of funding in excess of a Project's Levee Impact Fee Obligation
The reimbursement policy will be consistent with the following underlying principles. • Reimbursements will be only be paid from levee impact fees collected from other development projects.
• No reimbursements should be paid to a party advancing funds into the levee improvement program until all levee improvement project costs are paid and the levee improvement-program has been completed and certified, unless otherwise determined by SJAFCA that payment of such reimbursements Is financially feas_ible and legally defensible by SJAFCA. frl!pare,I by LWA 2 ---'-----'"----· ~ - .... o .... ctober--22,2018 ATTACHMENT 2
• Tile Board should make decisions that consider the impact to the Project and the services provided to SJAFCA,,beneficiaries at large.
• The Board should make decisions that consider the proportionality of the investment made into the levee improvement program.
-----------= J:he..BGar.d--ShotJd-c0nsidei:.the..timing-oll:epaymer:it-of_capi.tal-to..those..iJw.estingJn.thele1le,""--- ------- improvement program.
For Land Use Agencies due a reimbursement as a result of funding provided to advance the Levee Improvement Program in advance of January 1, 2018
The reimbursement policy wi-11 be consistent with the following underlying principles. • No reimbursements should be paid from development fees to a land use agency that advanced funds into the levee improvement program until all levee improvement project costs are paid and the levee improvement program has been completed and certified, unless otherwise determined by SJAFCA that payment of such reimbursements is fin a nclally feasible and legally defensible by SJAFCA.
• The Board should make decisions that consider the impact to the Project and the services provided to SJAFCA beneficiaries at large.
• The Board should make decisions t hat consider the proportionality of the investment made into the levee improvement program.
• The Board should consider the timing of repayment of capital to those investing in the levee improvement program.
For Land Use Agencies due repayment pursuant to the Interim Seed Money Funding Agr.eement dated June 12, 2018
• Repayment will be made consistent with Section 6 of that Agreement.
Pt~pared by LVIA 3 October 22, 2018
ATTACHMENT 2
Table B-1
Mossdale Tract: 2024 Financing PlanUpdated Regional Development Fee Revenue AnalysisDevelopment Fee Rate Summary Units / 1,000
Building Sq Ft
Per Acre
Fee Rate per
Unit / 1,000
Building Sq Ft
Reference [1] 3% [2]
Single-Family $23,217 $23,217 $23,217 5.86 $3,959Multifamily $21,726 $21,726 $21,726 18.89 $1,150Commercial $21,968 $21,968 $21,968 12.21 $1,800Industrial $17,207 $17,207 $17,207 15.55 $1,106 [1] Regional Development Impact Fee Rates for FY 24/25.[2] Single-Family and Multifamily shown in units; Commercial and Industrial shown in 1,000's of square feet.[3] The Development Impact Fee will escalate annually based on the Engineering News Record’s Construction Cost Index 20-CityAverage (ENR CCI) for the most recent December bears to the December 2018 index.
Land Use
Fee Rate Summary (Current Adopted)
Cost Share
Per Acre
Administrative
Fee
Fee Rate
Per Acre
Demonstrative Purposes Only
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx
ATTACHMENT
2 Table B-2
Mossdale Tract: 2024 Financing Plan
Updated Regional Development Fee Revenue Analysis
Total Development Impact Fee Revenue Estimate
Year Single Family Multifamily Commercial Industrial
Increase
Factor [1] Total Fee Revenue
0% [1]
Table B-3 Table B-4 Table B-5 Table B-6
2016 N/A N/A N/A N/A $ 0
2017 N/A N/A N/A N/A $ 0
2018 [2] N/A N/A N/A N/A $ 826,986
2019 [3] N/A N/A N/A N/A $ 1,888,567
2020 [4] N/A N/A N/A N/A $ 1,368,391
2021 [5] N/A N/A N/A N/A $ 4,829,607
2022 [6] N/A N/A N/A N/A $ 2,412,968
2023 [7] N/A N/A N/A N/A $ 6,562,533
2024 [8] $ 1,889,515 $ 144,956 $ 689,041 $ 734,990 1.00 $ 3,458,502 2025 $ 3,873,287 $ 344,021 $ 1,548,040 $ 1,562,387 1.00 $ 7,327,735 2026 $ 4,343,271 $ 424,364 $ 1,539,347 $ 3,204,312 1.00 $ 9,511,293 2027 $ 2,923,532 $ 348,236 $ 1,639,371 $ 1,939,554 1.00 $ 6,850,692 2028 $ 2,020,012 $ 51,032 $ 1,616,992 $ 1,977,935 1.00 $ 5,665,971 2029 $ 2,004,608 $ 51,813 $ 1,751,684 $ 1,580,736 1.00 $ 5,388,841 2030 $ 1,611,120 $ 350,368 $ 2,525,204 $ 1,242,276 1.00 $ 5,728,968 2031 $ 1,099,562 $ 47,916 $ 1,926,163 $ 1,267,121 1.00 $ 4,340,763 2032 $ 1,121,553 $ 150,697 $ 1,162,095 $ 1,292,464 1.00 $ 3,726,808 2033 $ 1,143,984 $ 103,859 $ 1,338,918 $ 2,383,927 1.00 $ 4,970,688 2034 $ 1,166,298 $ 105,936 $ 1,365,938 $ 2,373,504 1.00 $ 5,011,676 2035 $ 975,717 $ 108,054 $ 1,324,944 $ 2,344,596 1.00 $ 4,753,312 2036 $ 546,494 $ 110,216 $ 1,245,073 $ 2,392,143 1.00 $ 4,293,925 2037 $ 557,424 $ 112,420 $ 895,433 $ 1,931,971 1.00 $ 3,497,248 2038 $ 480,958 $ 47,301 $ 702,905 $ 1,315,440 1.00 $ 2,546,604 2039 $ 0 $ 0 $ 715,987 $ 1,341,749 1.00 $ 2,057,736
2040 $ 0 $ 0 $ 415,259 $ 1,368,584 1.00 $ 1,783,843
2041 $ 0 $ 0 $ 452,140 $ 486,934 1.00 $ 939,074
2042 $ 0 $ 0 $ 461,183 $ 496,673 1.00 $ 957,856
2043 $ 0 $ 0 $ 480,968 $ 505,603 1.00 $ 986,571
2044 $ 0 $ 0 $ 417,467 $ 0 1.00 $ 417,467
2045 $ 0 $ 0 $ 425,817 $ 0 1.00 $ 425,817
2046 $ 0 $ 0 $ 434,333 $ 0 1.00 $ 434,333
2047 $ 0 $ 0 $ 412,189 $ 0 1.00 $ 412,189
2048 $ 0 $ 0 $ 384,393 $ 0 1.00 $ 384,393
2049 $ 0 $ 0 $ 392,081 $ 0 1.00 $ 392,081
Total $ 25,757,334 $ 2,501,188 $ 26,262,966 $ 31,742,899 $ 104,153,438 [1] Total projected fee revenue assumes a 2% escalation in the ENR Index. [2] Total revenues received January 2018 through December 2018. Amounts include interest for the program. [3] Total revenues received January 2019 through December 2019. Amounts include interest for the program. [4] Total revenues received January 2020 through December 2020. Amounts include interest for the program. [5] Total revenues received January 2021 through December 2021. Amounts include interest for the program. [6] Total revenues received January 2022 through November 2022. Amounts include interest for the program. [7] Reflects an imputed amount based on the total revenues received through December 2024 less the above noted amounts. [8] Assumes 50% of the projected revenues estimated on Tables B3 through B6 based on 2024 data through December refelected in 2023.
Revenue by Land Use
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Table B-3
Mossdale Tract: 2024 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Single Family Year Lathrop Manteca Stockton
Unincorp
County Total
Base
Fee Revenue
Table B-1
Initial Fee Rate/Acre $ 23,217
2016 0.0 0.0 0.0 0.0 0.0 $ 0
2017 0.0 0.0 0.0 0.0 0.0 $ 0
2018 0.0 0.0 0.0 0.0 0.0 $ 0
2019 0.0 0.0 0.0 0.0 0.0 $ 0
2020 0.0 0.0 0.0 0.0 0.0 $ 0
2021 0.0 0.0 0.0 0.0 0.0 $ 0
2022 0.0 0.0 0.0 0.0 0.0 $ 0
2023 0.0 0.0 0.0 0.0 0.0 $ 0
2024 5.3 157.5 0.0 0.0 162.8 $ 3,779,031
2025 5.3 131.0 0.0 27.3 163.6 $ 3,873,287
2026 20.5 125.3 6.7 27.3 179.8 $ 4,343,271
2027 15.2 62.7 13.5 27.3 118.7 $ 2,923,532
2028 15.2 24.4 13.5 27.3 80.4 $ 2,020,012
2029 15.2 24.4 11.3 27.3 78.2 $ 2,004,608
2030 15.2 26.0 0.0 20.4 61.6 $ 1,611,120
2031 15.2 26.0 0.0 0.0 41.2 $ 1,099,562
2032 15.2 26.0 0.0 0.0 41.2 $ 1,121,553
2033 15.2 26.0 0.0 0.0 41.2 $ 1,143,984
2034 15.2 26.0 0.0 0.0 41.2 $ 1,166,298
2035 15.2 18.6 0.0 0.0 33.8 $ 975,717
2036 0.0 18.6 0.0 0.0 18.6 $ 546,494
2037 0.0 18.6 0.0 0.0 18.6 $ 557,424
2038 0.0 15.7 0.0 0.0 15.7 $ 480,958
2039 0.0 0.0 0.0 0.0 0.0 $ 0
2040 0.0 0.0 0.0 0.0 0.0 $ 0
2041 0.0 0.0 0.0 0.0 0.0 $ 0
2042 0.0 0.0 0.0 0.0 0.0 $ 0
2043 0.0 0.0 0.0 0.0 0.0 $ 0
2044 0.0 0.0 0.0 0.0 0.0 $ 0
2045 0.0 0.0 0.0 0.0 0.0 $ 0
2046 0.0 0.0 0.0 0.0 0.0 $ 0
2047 0.0 0.0 0.0 0.0 0.0 $ 0
2048 0.0 0.0 0.0 0.0 0.0 $ 0
2049 0.0 0.0 0.0 0.0 0.0 $ 0
Total 168.2 726.6 44.9 156.8 1,096.5 $27,646,849
Source: Updated Development Absorption Projections dated December 18, 2024 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres (ac) Single Family Acres By Jurisdiction [1]
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Table B-4
Mossdale Tract: 2024 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Multifamily
Year Lathrop Manteca Stockton
Unincorp
County Total Fee Revenue
Table B-1
Initial Fee Rate/Acre $ 21,726
2016 0.0 0.0 0.0 0.0 0.0 $ 0
2017 0.0 0.0 0.0 0.0 0.0 $ 0
2018 0.0 0.0 0.0 0.0 0.0 $ 0
2019 0.0 0.0 0.0 0.0 0.0 $ 0
2020 0.0 0.0 0.0 0.0 0.0 $ 0
2021 0.0 0.0 0.0 0.0 0.0 $ 0
2022 0.0 0.0 0.0 0.0 0.0 $ 0
2023 0.0 0.0 0.0 0.0 0.0 $ 0
2024 5.4 7.9 0.0 0.0 13.3 $ 289,913
2025 5.4 10.1 0.0 0.0 15.5 $ 344,021
2026 5.4 5.8 7.5 0.0 18.8 $ 424,364
2027 5.4 2.2 7.5 0.0 15.1 $ 348,236
2028 0.0 2.2 0.0 0.0 2.2 $ 51,032
2029 0.0 2.2 0.0 0.0 2.2 $ 51,813
2030 1.9 12.4 0.0 0.0 14.3 $ 350,368
2031 1.9 0.0 0.0 0.0 1.9 $ 47,916
2032 1.9 0.0 4.0 0.0 5.9 $ 150,697
2033 0.0 0.0 4.0 0.0 4.0 $ 103,859
2034 0.0 0.0 4.0 0.0 4.0 $ 105,936
2035 0.0 0.0 4.0 0.0 4.0 $ 108,054
2036 0.0 0.0 4.0 0.0 4.0 $ 110,216
2037 0.0 0.0 4.0 0.0 4.0 $ 112,420
2038 0.0 0.0 1.7 0.0 1.7 $ 47,301
2039 0.0 0.0 0.0 0.0 0.0 $ 0
2040 0.0 0.0 0.0 0.0 0.0 $ 0
2041 0.0 0.0 0.0 0.0 0.0 $ 0
2042 0.0 0.0 0.0 0.0 0.0 $ 0
2043 0.0 0.0 0.0 0.0 0.0 $ 0
2044 0.0 0.0 0.0 0.0 0.0 $ 0
2045 0.0 0.0 0.0 0.0 0.0 $ 0
2046 0.0 0.0 0.0 0.0 0.0 $ 0
2047 0.0 0.0 0.0 0.0 0.0 $ 0
2048 0.0 0.0 0.0 0.0 0.0 $ 0
2049 0.0 0.0 0.0 0.0 0.0 $ 0
Total 27.5 42.7 40.7 0.0 110.9 $2,646,144
Source: Updated Development Absorption Projections dated December 18, 2024 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres (ac) Multifamily Acres By Jurisdiction [1]
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Table B-5
Mossdale Tract: 2024 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Commercial
Year Lathrop Manteca Stockton
Unincorp
County Total Fee Revenue
Table B-1
Initial Fee Rate/Acre $ 21,968
2016 0.0 0.0 0.0 0.0 0.0 $ 0
2017 0.0 0.0 0.0 0.0 0.0 $ 0
2018 0.0 0.0 0.0 0.0 0.0 $ 0
2019 0.0 0.0 0.0 0.0 0.0 $ 0
2020 0.0 0.0 0.0 0.0 0.0 $ 0
2021 0.0 0.0 0.0 0.0 0.0 $ 0
2022 0.0 0.0 0.0 0.0 0.0 $ 0
2023 0.0 0.0 0.0 0.0 0.0 $ 0
2024 40.1 16.5 2.3 3.8 62.7 $ 1,378,082
2025 40.1 20.3 2.3 6.3 69.1 $ 1,548,040
2026 38.4 20.3 2.3 6.3 67.4 $ 1,539,347
2027 38.4 21.4 2.3 8.3 70.3 $ 1,639,371
2028 38.4 19.1 2.3 8.3 68.0 $ 1,616,992
2029 38.4 23.3 2.3 8.3 72.2 $ 1,751,684
2030 49.1 42.4 2.3 8.3 102.1 $ 2,525,204
2031 42.5 23.3 2.3 8.3 76.3 $ 1,926,163
2032 12.4 22.2 2.3 8.3 45.2 $ 1,162,095
2033 12.4 22.2 2.3 14.1 51.0 $ 1,338,918
2034 12.4 22.2 2.3 14.1 51.0 $ 1,365,938
2035 12.4 22.2 2.3 11.6 48.5 $ 1,324,944
2036 12.4 18.4 2.3 11.6 44.7 $ 1,245,073
2037 12.4 5.2 2.3 11.6 31.5 $ 895,433
2038 12.4 3.8 2.3 5.7 24.3 $ 702,905
2039 12.4 3.8 2.3 5.7 24.2 $ 715,987
2040 0.0 3.8 2.3 7.6 13.8 $ 415,259
2041 0.9 3.8 2.3 7.6 14.7 $ 452,140
2042 0.9 3.8 2.3 7.6 14.7 $ 461,183
2043 0.9 3.8 2.3 8.0 15.0 $ 480,968
2044 0.9 3.8 2.3 5.7 12.8 $ 417,467
2045 0.9 3.8 2.3 5.7 12.8 $ 425,817
2046 0.9 3.8 2.3 5.7 12.8 $ 434,333
2047 0.9 3.8 2.3 4.8 11.9 $ 412,189
2048 0.9 3.8 2.3 3.8 10.9 $ 384,393
2049 0.9 3.8 2.3 3.8 10.9 $ 392,081
Total 432.9 344.9 59.8 201.0 1,038.7 $26,952,007
Source: Updated Development Absorption Projections dated December 18, 2024 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres (ac) Commercial Acres By Jurisdiction [1]
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Table B-6
Mossdale Tract: 2024 Financing Plan
Updated Regional Development Fee Revenue Analysis
Development Impact Fee Revenue Estimate - Industrial
Year Lathrop Manteca Stockton
Unincorp
County Total Fee Revenue
Table B-1
Initial Fee Rate/Acre $ 17,207
2016 0.0 0.0 0.0 0.0 0.0 $ 0
2017 0.0 0.0 0.0 0.0 0.0 $ 0
2018 0.0 0.0 0.0 0.0 0.0 $ 0
2019 0.0 0.0 0.0 0.0 0.0 $ 0
2020 0.0 0.0 0.0 0.0 0.0 $ 0
2021 0.0 0.0 0.0 0.0 0.0 $ 0
2022 0.0 0.0 0.0 0.0 0.0 $ 0
2023 0.0 0.0 0.0 0.0 0.0 $ 0
2024 64.3 21.1 0.0 0.0 85.4 $ 1,469,979
2025 64.3 24.7 0.0 0.0 89.0 $ 1,562,387
2026 154.3 24.7 0.0 0.0 179.0 $ 3,204,312
2027 102.6 3.6 0.0 0.0 106.2 $ 1,939,554
2028 102.6 3.6 0.0 0.0 106.2 $ 1,977,935
2029 79.6 3.6 0.0 0.0 83.2 $ 1,580,736
2030 60.5 3.6 0.0 0.0 64.1 $ 1,242,276
2031 60.5 3.6 0.0 0.0 64.1 $ 1,267,121
2032 60.5 3.6 0.0 0.0 64.1 $ 1,292,464
2033 60.5 3.6 23.0 28.9 115.9 $ 2,383,927
2034 60.5 3.6 20.2 28.9 113.2 $ 2,373,504
2035 60.5 0.0 20.2 28.9 109.6 $ 2,344,596
2036 60.5 0.0 20.2 28.9 109.6 $ 2,392,143
2037 37.7 0.0 20.2 28.9 86.8 $ 1,931,971
2038 37.7 0.0 20.2 0.0 57.9 $ 1,315,440
2039 37.7 0.0 20.2 0.0 57.9 $ 1,341,749
2040 37.7 0.0 20.2 0.0 57.9 $ 1,368,584
2041 0.0 0.0 20.2 0.0 20.2 $ 486,934
2042 0.0 0.0 20.2 0.0 20.2 $ 496,673
2043 0.0 0.0 20.2 0.0 20.2 $ 505,603
2044 0.0 0.0 0.0 0.0 0.0 $ 0
2045 0.0 0.0 0.0 0.0 0.0 $ 0
2046 0.0 0.0 0.0 0.0 0.0 $ 0
2047 0.0 0.0 0.0 0.0 0.0 $ 0
2048 0.0 0.0 0.0 0.0 0.0 $ 0
2049 0.0 0.0 0.0 0.0 0.0 $ 0
Total 1,142.3 99.3 225.0 144.3 1,610.9 $32,477,888
Source: Updated Development Absorption Projections dated December 18, 2024 Table 2, SJAFCA Mossdale Tract Area, Development Absorption Projections Acres (ac) Industrial Acres By Jurisdiction
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
Table B7
Mossdale Tract: 2024 Financing Plan
Creditable Pre-Project Expenditures
Pre-Project Expenditure - Contractor (Amendment/Task Order) Cost Funding Source Amount Peterson Brustad - Agreement No. 1 $123,244 Manteca $61,622 Funding 11/2014 Staff Report River Islands $15,500
Saybrook CLSP $13,020
Richland $14,415
Lathrop Gateway/Lazares $3,720
Saybrook CLSP $14,967
$123,244 $123,244
Peterson Brustad - Agreement No. 2 $7,500 Lathrop $7,500 $7,500 $7,500
Peterson Brustad - Agreement No. 3 $17,499 Lathrop $17,499 $17,499 $17,499
Peterson Brustad - Agreement No. 4 $50,000 Saybrook CLSP $25,000 Lathrop $25,000
$50,000 $50,000
Peterson Brustad - Agreement No. 5 $2,589,197 Manteca $863,066 Lathrop $750,000
Saybrook CLSP $500,000
Others $476,131
$2,589,197 $2,589,197
Larsen Wurzel & Associates, Inc. - Agreement No. 1 (A) $63,540 Lathrop $42,360 Financial Planning / Grant Application Mantenca $21,180 $63,540 $63,540
Larsen Wurzel & Associates, Inc. - Agreement No. 1 (B) $80,010 Lathrop $53,340 Financial Plan for ULOP Mantenca $26,670
$80,010 $80,010
Larsen Wurzel & Associates, Inc. - Agreement No. 3
Financial Plan Implementation & Analysis
Task Order No. 1 $172,018 Lathrop $114,679
Manteca $57,339
Task Order No. 2 $126,300 RD 17 $126,300
$298,318 $298,318
SJAFCA Seed Funding Agreement Loans & Interest in Funds $313,351 Lathrop $115,000 Manteca $65,000
Stockton $65,000
SJ County $65,000
Interest (Use of Money) $3,351
$313,351 $313,351
Total Cost / Sources $3,542,659 Lathrop $1,126,621
Lathrop Gateway/Lazares $3,720
Manteca $1,095,580
Stockton $65,703
SJ County $65,703
Others $476,131
Richland $14,415
River Islands $15,500
Saybrook CLSP $552,987
RD 17 $126,300
$3,542,659 $3,542,659
Source: City of Lathrop, LWA
Prepared by LWA 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx ATTACHMENT 2
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
1801014 Adequate Progress Report Appendix Covers 2024 1227.docx APPENDIX C:
SAN JOAQUIN AREA FLOOD CONTROL AGENCY RESOLUTION NO. 24-22:
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 2024-25
Reso 24-22 SJAFCA Mossdale OAD Resolution of Formation..................................................... C-1 ATTACHMENT 2
RESOLUTION NO. SJAFCA 24-22
SAN JOAQUIN AREA
FLOOD CONTROL AGENCY
ATTACHMENT 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 LEVY OF ASSESSMENTS BEGINNING IN FISCAL YEAR 2024-25
WHEREAS, the San Joaquin Area Flood Control Agency (the "Agency") is a joint powers agency that was created in May 1995 between the City of Stockton ("Stockton"), San Joaquin County ("County") and the San Joaquin County Flood Control and Water Conservation District ("SJCFCWCD"), for the purpose of providing flood protection services for the City of Stockton and surrounding unincorporated areas of the County;
WHEREAS, in January of 2018 Stockton, the County, the SJCFCWCD, the City of Lathrop ("Lathrop"), and the City of Manteca ("Manteca") executed an Amended and Restated Joint Exercise of Powers Agreement to reform the Agency by adding Lathrop and Manteca as members;
WHEREAS, in February 2018, SJAFCA, as part of the reformulation of the Agency's Joint Exercise of Powers Agreement to include the Cities of Lathrop and Manteca as members of the Agency, assumed the role of Local Flood Management Agency ("LFMA") as part of the efforts to provide Urban Level of Flood Protection to the area that includes the community of Weston Ranch in south Stockton, south to the City of Lathrop and west to the western portions of the City of Manteca commonly referred to as the "Mossdale Tract Area." In its role as LFMA, SJAFCA has advanced a funding program to generate the funds needed to implement improvements to the levee system protecting the Mossdale Tract Area ("the Project") to ensure the levees can meet Urban Levee Design Criteria ("ULDC") and the Area can achieve an Urban Level of Flood Protection ("ULOP");
WHEREAS, on June 28, 2018, in its role as LFMA, the Agency transmitted its first Annual Report of Adequate Progress toward Urban Level of Flood Protection to the Central Valley Flood Protection Board pursuant to Government Code §65007 (a)(5). The Annual Adequate Progress Report includes the details of a funding and financing plan to generate the needed local funding for the Project. The Annual Adequate Progress Report identified three new funding mechanisms to generate the local funding; a Regional Development Impact Fee program; an Enhanced Infrastructure Financing District; and the Mossdale Tract Overlay Assessment District ("Mossdale Tract OAD");
WHEREAS, in September 2019, the Agency entered into a contract with Willdan Financial Services to provide Assessment Engineering Services for the proposed Mossdale Tract OAD to provide a portion of the funding for ULOP related improvements and services; WHEREAS, the Agency now plans to establish the Mossdale Tract OAD to fund a portion of the costs of constructing 200-year improvements to the levee and flood control system providing protection to Mossdale Tract Area, and ensure proper maintenance and operation of the related levees and flood control facilities ( collectively, the "Services"); ATTACHMENT 2
ATTACHMENT 2
WHEREAS, the Services will provide special benefits to certain land in the Mossdale Tract Area (the "Properties") within the proposed boundaries of the Mossdale Tract OAD; WHEREAS, the Agency has engaged the firm of Willdan Financial Services, to have a registered professional engineer certified by the State of California prepare a detailed Engineer's Report ("Engineer's Report") establishing a methodology to determine and apportion the special benefits received by the Properties from the Services and to allocate the costs of the Services in proportion to said special benefits;
WHEREAS, the proposed boundaries of the Mossdale Tract OAD area include all the Properties that receive special benefit from the Services, while excluding properties not receiving special benefits from the Services and any incidentally-benefited properties in adjacent areas; WHEREAS, the Board of Directors of the Agency has determined to undertake proceedings pursuant to the Benefit Assessment Act of 1982, Government Code section 54703 el. seq. ("Act") to establish the Mossdale Tract OAD and to levy assessments to pay costs of the Services for the Properties to be included within the Mossdale Tract OAD boundary; WHEREAS, the imposition of a new special assessment is subject to constitutional procedural requirements, including a ballot procedure involving the owners of the parcels proposed to be assessed;
WHEREAS, on April 18, 2024, the Board of Directors of the Agency adopted Resolution No. 24-07, which:
Proposed forming the Mossdale Tract OAD and levying a special benefit assessment; Identified the Mossdale Tract OAD's proposed boundary;
• Preliminarily approved the Engineer's Report;
• Fixed the time of a public hearing to hear public comment on the proposed Mossdale Tract OAD and special benefit assessment; and,
• Directed the Agency's consultants and staff to undertake the procedural and approval processes including the mailing of notices and ballots which are necessary for the establishment of the Mossdale Tract OAD and levying of a special assessment proportional to the special benefits to be provided by the Services; WHEREAS, also on April 18, 2024, the Board of Directors of the Agency adopted Resolution No. 24-08, which adopted Proposition 218 procedures to be followed in the implementation of the provisions of Proposition 218 relating to the proposed Mossdale Tract OAD (the "218 Procedures), and the 218 Procedures have been followed in connection with the activities directed by Resolution No. 24-07;
WHEREAS, during May and June of 2024 the Agency conducted an assessment ballot proceeding pursuant to Proposition 218 in which the landowners that would be specially benefited by the Services were provided by mail with notice of the proposed special assessment and public hearing and also provided the opportunity to complete a ballot as to whether the Agency should form the proposed Mossdale Tract OAD and levy the assessment; SJAFCA Resolution 24-22
ATTACHMENT 2
ATTACHMENT 2
WHEREAS, on June 20, 2024, the Board received a report from Staff and Consultants which included as Attachment 1 Addendum No. 1 to the San Joaquin Area Flood Control Agency Preliminary Engineer's Report Formation of Mossdale Tract Overlay Assessment District prepared by Willdan Financial Services dated April 18, 2024; WHEREAS, as part of the assessment ballot proceeding, the Board of Directors of the Agency held a public hearing on June 20, 2024 at 6:00 PM in the City Council Chambers, Lathrop City Hall, located at 390 Towne Centre Dr., Lathrop, California for the purpose of receiving comments on and protests to the proposed benefit assessment and for accepting new or changed ballots from specially benefited landowners; and
WHEREAS, during the public hearing, the Board of Directors of the Agency heard and considered all public comments.
WHEREAS, on June 20, 2024, upon the conclusion of the public hearing, the Board of Directors of the Agency adopted Resolution No. 24-19 receiving Addendum No. 1 to the Preliminary Engineer's Report for the Mossdale Tract Overlay Assessment District and directing the tabulation of the ballots for the formation of the Mossdale Tract Overlay Assessment District.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the San Joaquin Area Flood Control Agency as follows:
1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by this reference.
2. Ballot Proceeding. A total of 2,430 assessment ballots were returned and received prior to the close of the public input portion of the public hearing on June 20, 2024. Of the assessment ballots returned, 2,335 assessment ballots were deemed valid, and 95 assessment ballots were declared invalid in that they were either not marked with a "Yes" or "No", were marked with both a "Yes" and a "No", were not signed, or for some other reason. In addition, ballots that were mutilated in such a way where the property ownership and barcode information was illegible or missing were excluded from the tabulation counts above.
3. Ballot Tabulation. The canvass of the assessment ballots submitted by property owners is complete and was certified by the Larsen Wurzel & Associates, Inc., and the votes cast were as follows:
Total Number of Valid Ballots Received: 2,335
Total Mossdale Tract OAD Amount of Valid Ballots: $458,106.48 Total Number of Valid "Yes" Votes: 1,434
Total Weighted Value of "Yes" Votes: $344,283.70
Total Weighted Percentage of "Yes" Votes: 75.15%
Total Number of Valid "No" Votes: 901
Total Weighted Value of "No" Votes: $113,822.78
Total Weighted Percentage of "No" Votes: 24.85%
Total Number of "Invalid" Ballots: 95
Total Mossdale Tract OAD Amount of "Invalid" Ballots: $23,457.78 SJAFCA Resolution 24-22
ATTACHMENT 2
ATTACHMENT 2
After the ballots were weighted according to the proportional financial obligation of the affected property, the tabulation shows that 75.15% of the valid ballots were cast in support of the Mossdale Tract OAD formation. Since a majority protest, as defined by Article XII I D of the California Constitution, did not exist, the Board may levy the assessment as described in the Final Engineer's Report to pay the costs and expenses of the Services identified therein.
4. Final Engineer's Report. The Final Engineer's Report for the Mossdale Tract OAD, which reflects the information in Addendum No. 1 presented at the June 20, 2024 public hearing, together with the diagram of the Mossdale Tract OAD contained therein, and the proposed Benefit Assessment Roll for fiscal year 2024-25 contained therein, has been presented to the Board of Directors at this meeting and is incorporated herein by reference, are hereby confirmed and approved.
5. Findings. That based on the oral and documentary evidence, including the Final Engineer's Report, offered and received at the public hearing, the Board finds and determines that: (a) each of the several assessed lots and parcels of land within the Mossdale Tract OAD will be specially benefited by the Services (as described in the Final Engineer's Report) in at least the amount of the benefit assessment apportioned against such lots and parcels of land, respectively; and (b) there is substantial evidence to support, and the weight of the evidence is in favor of, this finding and determination as to special benefit to property within the LCMA Assessment District from the Services to be financed with assessment proceeds.
6. Mossdale Tract OAD Formation. The Mossdale Tract OAD is hereby formed, and assessments consistent with the Final Engineer's Report, as modified by successful appeals, are hereby levied, pursuant to the Act.
7. Annual Levy of Assessments. The first assessments to be levied on property in the Mossdale Tract OAD will be for fiscal year 2024-25 with authorized maximum assessment.
8. Authorized Services. The Services to be financed with assessment proceeds described in the Final Engineer's Report are hereby ordered.
9. Maximum Assessment Adjustment per CPI. As described in the Final Engineer's Report, to ensure that the Agency can provide the needed Services over time the Board of Directors of the Agency will have the authority, pursuant to Government Code Section 53739 (b ), to levy the assessment within a designated range on an annual basis. The designated range will be from a minimum assessment, up to and including the authorized maximum assessment, as adjusted annually based on the CPI as described below.
Beginning in Fiscal Year 2025-26, the maximum authorized assessment may be increased subject to an annual inflationary escalator, based on the annual change in the Consumer Price Index February to February CPI-W for the San Francisco-Oakland-Hayward all Items, with Base Year 1982-84 = 100, published by the U.S. Department of Labor, Bureau of Labor Statistics, subject to a minimum of 0% and a maximum of 4% in any given year as described in the "Annual Inflationary Adjustment (Assessment Range Formula)" section of the Final Engineer's Report.
10. Filing of Map & Collection of Assessment. SJAFCA staff is directed to file or cause to be filed the diagram of Mossdale Tract OAD, the Final Engineer's Report and a certified copy of this Resolution with the Auditor/Controller of San Joaquin County. Upon such filing, commencing in Fiscal Year 2024-25 and each year thereafter upon approval by the Board of Directors of the Agency, the County/Auditor Controller shall enter on the County tax roll opposite SJAFCA Resolution 24-22
ATTACHMENT 2
ATTACHMENT 2
each lot or parcel of land in the Mossdale Tract OAD the amount of assessment thereupon as shown in the Final Engineer's Report and described in this Resolution. The benefit assessment shall be collected at the same time and in the same manner as County ad valorem taxes are collected and all laws providing for the collection and enforcement of County ad valorem taxes shall apply to the collection and enforcement of the assessments. After collection by the County Tax Collector, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Agency for the purposes of the Mossdale Tract OAD.
11. Separate Fund Requirement. The monies representing assessments collected shall be deposited in a separate fund or funds designated for the Mossdale Tract OAD. Amounts deposited to such fund(s) shall be expended only for the Services that specially benefit the lands within the Mossdale Tract OAD as described in the Final Engineers Report.
12. Administrative Corrections. The assessment, as it applies to any parcel, may be corrected, cancelled or a refund granted as appropriate, by order of the Board of Directors or by order of the Executive Director of the Agency. Any such corrections, cancellations or refunds shall be limited to current or future fiscal years and shall not be granted retroactively. The Agency may adopt, in the future, as the need arises, additional policies or procedures as needed to efficiently and effectively administer the Mossdale Tract OAD.
13. CEQA Compliance. The creation of the assessment funding mechanism is exempt from CEQA because ii provides a funding mechanism in support of future actions which will be separately analyzed as projects under CEQA. Agency staff is directed to prepare and file or cause to be filed a Notice of Exemption to that effect with the proper office.
SJAFCA Resolution 24-22
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ATTACHMENT 2
14. Proposition 218 Compliance. The assessment is in compliance with all laws pertaining to it, including Article XIII-D of the California Constitution (Proposition 218), and as described in the Final Engineers Report, the assessment is being levied without regard to property valuation.
PASSED, APPROVED AND ADOPTED this 18th day of July. 20
ATTEST:
HRIS ELIAS, Secretary
of the San Joaquin Area
Flood Control Agency
APPROVED ~$ TO FOR
SJAFCA Resolution 24-22
PAUL AKINJO, Chair
of the San Joaquin Are
Flood Control Agency
ATTACHMENT 2
San Joaquin Area Flood Control Agency
2024 Annual Adequate Progress Report Update
December 31, 2024
1801014 Adequate Progress Report Appendix Covers 2024 1227.docx APPENDIX D:
EIFD ANALYSIS SUPPORTING INFORMATION
Reference the
MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT –
INFRASTRUCTURE FINANCING PLAN FINAL REPORT
PREPARED BY ECONOMIC & PLANNING SYSTEMS, INC.
DATED JUNE 2, 2022
Available on SJAFCA’s Website:
https://www.sjafca.org/home/showpublisheddocument/1275/637902252871700000
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
SJAFCA-PFA MOU...............................................................................................................................D-1 Table D1 Updated EIFD & Financing Supporting Tables – Financing Revenues and Debt Service......................................................................................................................D-10 ATTACHMENT 2
This Memorandum of Understanding (this “MOU”) is dated as of ___June 15__, 2023 (the “Effective Date”), and is entered into by and between the MOSSDALE TRACT INFRASTRUCTURE FINANCING DISTRICT PUBLIC FINANCING AUTHORITY, a public agency (the “Authority”), and the SAN JOAQUIN AREA FLOOD CONTROL AGENCY, a joint powers authority (“SJAFCA”). Authority and SJAFCA are sometimes referred to in this MOU, individually, as a “Party” and, collectively, as the “Parties.” The Parties enter into this MOU with reference to the following recited facts (each, a “Recital”):
RECITALS
A. The California Legislature enacted California Government Code (the “Code”) sections 53398.50 through 53398.88 (the “EIFD Law”) authorizing cities and counties to form enhanced infrastructure financing districts and use specified property tax increment revenue generated within such districts to finance certain infrastructure and community benefit projects; and
B. In enacting the EIFD Law, the California Legislature found and determined that with the dissolution of redevelopment agencies, public benefits will accrue, if local agencies finance public infrastructure and community benefit projects authorized under the EIFD Law; C. On January 13, 2022 the City Council of the City of Lathrop adopted its resolution stating its intention to establish the Mossdale Tract Enhanced Infrastructure Financing District (the “EIFD”);
D. on January 18, 2022, the City Council of the City of Manteca adopted its resolution of intent to participate in the proposed EIFD;
E. on February 8, 2022, the City Council of the City of Stockton adopted its resolution of intent to participate in the proposed EIFD;
F. on February 15, 2022, the San Joaquin County Board of Supervisors adopted its resolution of intent to participate in the proposed EIFD; G. on March 2, 2022, the Authority directed the preparation of an Infrastructure Financing Plan (the “IFP”) for the District;
H. on June 14, 2022, the City of Stockton, adopted its resolution approving the IFP; I. on June 21, 2022, the County of San Joaquin, adopted its resolution approving the IFP;
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
SAN JOAQUIN AREA FLOOD CONTROL AGENCY AND
THE MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING
DISTRICT PUBLIC FINANCING AUTHORITY
ATTACHMENT 2
J. on June 21, 2022, the City of Manteca, adopted its resolution approving the IFP; K. on July 11, 2022, the City of Lathrop, adopted its resolution approving the IFP; L. on July 21, 2022, the Authority adopted its resolution adopting the IFP for the EIFD and forming the EIFD;
M. The IFP provides for the EIFD to financially assist certain public flood control infrastructure projects including, but not limited to, public flood risk reduction infrastructure associated with ensuring that the resulting levee system complies with the Urban Levee Design Criteria promulgated by the California Department of Water Resources and SJAFCA’s Resolution No. 19-06 and SJAFCA’s Adopted Policy for Adapting Design Standards for the Mossdale Tract Area of SJAFCA in light of Climate Change;
N. SJAFCA and Authority desire to provide for an efficient process for the Authority to provide financial assistance to the identified SJAFCA infrastructure projects and for SJAFCA to provide staff resources for the efficient operation of the District; NOW THEREFORE, in consideration of the above Recitals, the covenants, conditions and agreements set forth in this MOU, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:
1. TERM. This MOU shall commence on the Effective Date and shall continue until amended by the parties or modified pursuant to Section 3.1.2, subject to the rights of the Parties under Section 7. Notwithstanding any provision of this MOU to the contrary, the term shall not exceed the duration of the EIFD.
2. ANNUAL INFRASTRUCTURE PROGRAM PROCESS. SJAFCA and Authority acknowledge and agree that all of the public infrastructure projects identified in the IFP for financing thru the EIFD constitute the Authority capital improvement projects (“Authority CIP(s)”) and are part of a larger group of SJAFCA capital improvement projects (“CIPs”) that will be designed, contracted for and constructed by SJAFCA, or by other public entities pursuant to contribution agreements with SJAFCA for SJAFCA to reimburse costs of construction of the capital improvements to the public entities.
3.1. Implementation. In order to provide for implementation of the Authority CIPs, SJAFCA and Authority agree that, by the end of the third fiscal year quarter of each fiscal year during which this MOU is in effect, SJAFCA shall deliver to Authority a list (the “List”) of the Authority CIPs that SJAFCA plans to implement (whether one or more project phases or the complete Authority CIPs) during the immediately following fiscal year and request Authority transfer of funding for such Authority CIPs (“Approved Authority CIPs”).
3.1.1. To the extent that Authority has funds currently on-hand and/or that are projected to be received and available (not previously committed to Authority operating expenses in the applicable Authority fiscal year budget or other Authority CIPs identified by SJAFCA for implementation) to finance Authority CIPs (“Available Funds”) and SJAFCA has indicated that it needs such Available Funds for the planning, permitting, design and construction of the CIPs on the List, Authority shall allocate such Available ATTACHMENT 2
Funds to SJAFCA for the Approved Authority CIPs on the List in the order of priority presented by SJAFCA.
3.1.2. Notwithstanding this Section 3.1, for fiscal years 2023-24, 2024-2025, 2025-2026, and 2026-2027, if SJAFCA has not used the funding provided by the Authority within two years of receipt of that funding, then the Authority or one of its member agencies may request that the Authority and SJAFCA meet and confer as to the need and timing of future funding. Such meet and confer shall occur as between the Authority and SJAFCA and shall include a representative of each of the member agencies. The meeting shall discuss whether (i) any additional funding is needed from the Authority in the next or future fiscal years; (ii) the timing of any future funding; and (iii) whether the funding that has not been used should be returned to the Authority to be further returned back to the agency that provided the property tax increment, subject to compliance with any applicable Authority and/or SJAFCA financing obligations and covenants and applicable Federal tax law. Absent agreement of the Authority, SJAFCA, and the representatives of the member agencies, Available Funds shall continue to be allocated.
3.1.3. Allocation of funds projected to be received is subject to actual receipt of such funds by the Authority. The amount of Available Funds allocated to any Authority CIP shall be equal to the estimated cost of such Authority CIP not funded from other financing sources, until Authority has no more Available Funds or the amount of the estimated cost of such Authority CIP not funded from other financing sources has been allocated to SJAFCA, whichever occurs first.
3.1.4. Authority shall consider allocation of Available Funds to SJAFCA for the Authority CIPs identified for implementation in the immediately following fiscal year, to the extent practical, by the end of the third fiscal year quarter of each fiscal year, or as otherwise docketed for consideration by the Authority.
3.2. Funding Reallocation. If and to the extent that SJAFCA’s priorities change for Authority CIPs identified for implementation, whether due to emergency, unforeseen circumstances accelerating or slowing project progress, other funding becoming available, increasing or decreasing costs, etc., SJAFCA may reallocate all or a portion of money allocated by Authority to another Authority CIP in compliance with the IFP and subject to approval by the Authority.
3.2.1. SJAFCA shall only spend money from the Authority on Authority CIPs in accordance with SJAFCA’s then current process for budgeting and executing its projects.
3.2.2. If and to the extent that an Authority CIP allocated funds by Authority will not proceed to completion of the entire project, phase(s), or other elements for which Authority provided funding, such funding shall be either allocated by SJAFCA to another Authority CIP allocated funding by Authority or returned to Authority.
4. AUTHORITY BUDGET. Authority will endeavor to adopt a budget for its operating expenses and Authority CIP expenditures for Authority’s immediately following fiscal year by the end of the third fiscal year quarter of each fiscal year. Authority’s operating expense portion of its budget shall include funds allocated to reimburse SJAFCA for staff services provided to Authority pursuant to Section 5. When SJAFCA delivers to Authority the list of Authority CIPs that SJAFCA ATTACHMENT 2
plans to implement during the immediately following fiscal year, pursuant to Section 3, SJAFCA shall also deliver a budget estimate to Authority for SJAFCA staff services and Authority program operating expenses to Authority for the immediately following fiscal year.
5. SJAFCA STAFFING OF AUTHORITY. SJAFCA shall provide the employees, consultants, and legal services (“SJAFCA Staff”) for the Authority on an as needed basis.
Authority shall pay SJAFCA for the documented time of SJAFCA Staff who provide services to Authority at each person’s then applicable hourly SJAFCA salary rate, including applicable overhead and load, or such rates as are charged to SJAFCA for non-SJAFCA employees. All SJAFCA Staff expenses incurred by Authority shall be billed to Authority and paid to SJAFCA using a billable internal order of SJAFCA.
5.1. At the request of Authority, SJAFCA shall send detailed accounting records of SJAFCA staff costs incurred in staffing the Authority. The costs of SJAFCA staff incurred by Authority shall accrue during any time period that Authority does not have revenue to pay such costs and shall be payable when Authority has revenue available to pay such costs.
5.2 SJAFCA and Authority acknowledge that employees, consultants, and legal counsel are providing services to both and hereby waive any conflicts that may arise from providing such services, recognizing the significant overlapping functions of SJAFCA and Authority and that Authority has been created for the exclusive purpose of providing needed funding to SJAFCA for the Authority CIPs.
6. COMPLIANCE WITH LAWS AND POLICIES. The Parties shall comply with all applicable laws, statutes, rules, regulations, orders, ordinances, resolutions, permits, requirements, and policies of the Federal, State, SJAFCA and other local governments to the extent applicable to their performance under this MOU.
7. REMEDIES FOR NON-PERFORMANCE. Notwithstanding any provision of this MOU to the contrary, if a Party fails to comply with any term or condition of this MOU, the other Party may exercise any or all of the following remedies: (a) any remedy specified in this MOU for such non-performance; or (b) any remedy available to the Party at law or in equity for such nonperformance. The rights and remedies of the Parties under this MOU are cumulative and exercise of any one or more of such rights or remedies shall not limit, waive, or deny any of a Party’s other rights or remedies under this MOU, at law or in equity, existing as of the Effective Date or later enacted or established, that may be available to a Party.
8. INFORMAL DISPUTE RESOLUTION. If the Parties have any dispute as to their respective rights, obligations, or duties under this MOU, or the meaning or interpretation of any provision contained in this MOU, they shall first attempt to resolve such dispute by informal discussion between their respective representatives. Within five (5) calendar days of determining the existence of any such dispute, the Party determining there is such a dispute may give Notice to the other Party of the existence of the dispute and the need to meet informally to resolve such dispute. The Parties shall endeavor, thereafter, to meet within five (5) calendar days of the second Party’s receipt of such Notice, or at such time as is reasonable under the circumstances.
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9. AUTHORITY INDEMNIFICATION OF SJAFCA. Authority shall defend, indemnify, protect, and hold harmless SJAFCA, its elected officials, officers, employees, representatives, and agents from and against any and all claims asserted, or liability established, for damages or injuries to any person or property, including injury to Authority members or Authority officers, employees, invitees, guests, or agents that arise from, or are connected with, or are caused, or claimed to be caused by, this MOU, or by one or more acts or omissions of Authority, Authority members, or Authority or Authority officers, employees, invitees, guests, or agents in performing this MOU, and all expenses of investigating and defending against same, including attorney’s fees and costs.
However, Authority’s duty to indemnify and hold harmless pursuant to this Section 9 shall not include any claims or liability arising from the established sole negligence or willful misconduct of SJAFCA, its elected officials, officers, employees, representatives, or agents. SJAFCA may, at its sole discretion, conduct or participate in its own defense of any claim subject to this Section 9.
If SJAFCA elects to conduct or participate in its own defense, or obtain independent legal counsel in defense of any claim subject to this Section 9, Authority shall pay SJAFCA for all costs related thereto, including attorney’s fees and costs. Authority shall pay SJAFCA any and all costs SJAFCA incurs enforcing the indemnity and defense provisions set forth in this Section 9.
10. SJAFCA INDEMNIFICATION OF AUTHORITY. SJAFCA shall defend, indemnify, protect, and hold harmless Authority, its board members, and Authority or Authority, officers, employees, representatives, and agents from and against any and all claims asserted, or liability established, for damages or injuries to any person or property, including injury to SJAFCA’s elected officials, officers, employees, invitees, guests, or agents that arise from, or are connected with, or are caused, or claimed to be caused by, this MOU, or by one or more acts or omissions of SJAFCA, its elected officials, officers, employees, invitees, guests, or agents in performing this MOU, and all expenses of investigating and defending against same, including attorney’s fees and costs.
However, SJAFCA’s duty to indemnify and hold harmless pursuant to this Section 10 shall not include any claims or liability arising from the established sole negligence or willful misconduct of Authority, Authority members, or Authority or Authority officers, employees, representatives, or agents. Authority may, at its sole discretion, conduct or participate in its own defense of any claim subject to this Section 10. If Authority elects to conduct or participate in its own defense or obtain independent legal counsel in defense of any claim subject to this Section 10, SJAFCA shall pay Authority for all costs related thereto, including attorney’s fees and costs. SJAFCA shall pay Authority any and all costs Authority incurs enforcing the indemnity and defense provisions set forth in this Section 10.
11. NOTICE. In all cases where Notice is required under this MOU, Notice may be given by electronic mail, messenger, nationally recognized overnight (one-business day) courier, or United States Postal Service first class mail. A Notice shall be effective on the date sent by electronic mail, if sent before 3:00 p.m. Pacific Time, the date personally delivered by messenger to the Notice recipient, the first business day after deposit with an overnight courier for next business day delivery, or the third business day after the Notice is deposited with the United States Postal Service, in each case with all applicable postage or delivery costs paid and addressed to SJAFCA or Authority as specified below. SJAFCA or Authority may change its Notice address by Notice delivered in accordance with this Section 11.
If to the SJAFCA: San Joaquin Area Flood Control Agency 22 E. Weber Avenue, Room 301
Stockton, CA 95202
ATTACHMENT 2
Telephone: (209) 937-8211
Attention: Board Secretary
If to the Authority: Mossdale Tract Infrastructure Financing District Public Financing Authority
22 E. Weber Avenue, Room 301
Stockton, CA 95202
Telephone:
Attention: Authority Secretary
12. NO ASSIGNMENT. Neither Party shall have any right to assign all or any portion of this MOU to a third person. Any putative assignment of either Party’s rights, obligations, or duties under this MOU shall not create a contractual relationship between the other Party and any putative assignee, and any such assignment shall be ineffective, null and void. Any assignment in violation of this Section 12 is grounds for immediate termination of this MOU, at the sole and absolute discretion of the Party not making the assignment.
13. MISCELLANEOUS PROVISIONS.
13.1. Governmental Powers. Nothing contained in this MOU shall be construed as a limitation upon the powers of SJAFCA or the Authority.
13.2. Governing Law. The terms and conditions of this MOU shall be construed and interpreted in accordance with the laws of the State.
13.3. Jurisdiction and Venue. The Parties agree to submit to the personal jurisdiction of, and that venue shall be in, any State court within the County of San Joaquin, State of California, for any dispute, claim, or matter arising out of, or related to, this MOU.
13.4. Integration and Amendment. This MOU, and any exhibits attached to this MOU, fully express all understandings of the Parties concerning the matters covered in this MOU. Any and all prior negotiations and agreements between the Parties regarding the subject matter of this MOU are merged into this MOU. No change, alteration, amendment, or modification of the terms or conditions of this MOU, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid, unless made in the form of a written amendment to this MOU signed by both Parties. The Parties agree to enter into any and all amendments to this MOU that are necessary to comply with any and all new or modified Federal or State laws affecting this MOU.
13.5. No Waiver. No failure of either SJAFCA or Authority to insist upon the strict performance by the other of any term, covenant, or condition of this MOU, nor any failure to exercise any right or remedy consequent upon a breach of any term, covenant, or condition of this MOU, shall constitute a waiver of any such breach or the requirement to comply with such term, covenant, or condition. No waiver of any breach shall affect or alter this MOU, and each and every term, covenant, and condition, in this MOU shall continue in full force and effect regarding any existing or subsequent breach.
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13.6. Successors in Interest. This MOU, and all rights, obligations, or duties under this MOU, shall be in full force and effect, whether or not any Party to this MOU has been succeeded by another entity, and all rights, obligations, or duties under this MOU shall be vested and binding on any Party's successor in interest, subject to the limitations in this MOU on assignment of this MOU.
13.7. Severability. The unenforceability, invalidity, or illegality of any provision of this MOU shall not render any other provision of this MOU unenforceable, invalid, or illegal.
13.8. Conflicts between Terms. If an apparent conflict or inconsistency exists between the main body of this MOU and any exhibit attached to this MOU, the main body of this MOU shall control. If a conflict exists between an applicable Federal, State, SJAFCA, or other law, rule, regulation, order, or code and this MOU, then the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this MOU, the exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this MOU.
13.9. Principles of Interpretation. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this MOU. A word, term or phrase defined in this MOU may be used in the singular, plural, past tense or future tense, regardless of how it is defined, all in accordance with ordinary principles of English grammar, which shall govern all language in this MOU.
13.10. Counterparts. This MOU may be signed in multiple counterparts, which, when taken together, shall constitute a single signed original, as though all Parties had signed the same MOU.
13.11. Headings. All headings in this MOU are for convenience of reference only and shall not affect the interpretation of this MOU.
13.12. Exhibits Incorporated. All exhibits referenced in this MOU are incorporated into this MOU.
13.13. Survival of Obligations. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this MOU, and all continuing obligations set forth in this MOU, shall survive expiration or earlier termination of this MOU.
13.14. Incorporation of Recitals. The Recitals preceding this MOU are true and correct and are incorporated into and made a part of this MOU.
13.15. Time of Essence. Time is of the essence of each provision of this MOU, unless otherwise specified in this MOU.
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IN WITNESS WHEREOF, this MOU is entered into as of the date set forth above by SJAFCA, acting by and through its Board President or designee, and by the Authority, by and through the signature of the Authority’s authorized representative(s), all as set forth below.
SAN JOAQUIN AREA FLOOD CONTROL
AGENCY
By:
MOSSDALE TRACT INFRASTRUCTURE
FINANCING DISTRICT PUBLIC FINANCING
AUTHORITY
By:
SCOTT L. SHAPIRO, Legal Counsel
CHRIS ELIAS, Executive Director
ATTACHMENT 2
ATTACHMENT 2
Table D-1
Mossdale Tract: 2024 Financing PlanUpdated OAD and EIFD Financing Supporting TablesFinancing Revenues and Debt Service Year
Gross Available
Assessment
Revenues
Gross
EIFD
Revenues
Gross
Revenues for
Project &
Financing
Total
Debt Service
Assessment
Revenue
for Debt Service
EIFD Revenue
for Debt Service
Net Assessment
Revenue for PayGo /
Services
Net EIFD Revenue
for PayGo & Future
Projects
[1]
Table 1: EIFD
Revenue Analysis [2] [2]
2016 $0 $0 $0 $0 $0 $0 $0 $0
2017 $0 $0 $0 $0 $0 $0 $0 $0
2018 $0 $0 $0 $0 $0 $0 $0 $0
2019 $0 $0 $0 $0 $0 $0 $0 $0
2020 $0 $0 $0 $0 $0 $0 $0 $0
2021 $0 $0 $0 $0 $0 $0 $0 $0
2022 $0 $0 $0 $0 $0 $0 $0 $0
2023 $0 $925,309 $925,309 $0 $0 $0 $0 $925,309
2024 $0 $1,872,403 $1,872,403 $0 $0 $0 $0 $1,872,403
2025 $2,241,378 $2,676,559 $4,917,937 $0 $0 $0 $2,241,378 $2,676,559 2026 $2,292,929 $3,627,251 $5,920,180 $0 $0 $0 $2,292,929 $3,627,251 2027 $2,338,788 $4,528,503 $6,867,291 $1,964,000 $1,964,000 $0 $374,788 $4,528,503 2028 $2,385,564 $5,440,346 $7,825,910 $1,964,000 $1,964,000 $0 $421,564 $5,440,3462029 $2,433,275 $6,308,478 $8,741,752 $1,962,510 $1,962,510 $0 $470,765 $6,308,4782030 $2,481,940 $2,972,991 $5,454,932 $1,959,950 $1,959,950 $0 $521,990 $2,972,9912031 $2,531,579 $3,369,691 $5,901,270 $1,960,590 $1,960,590 $0 $570,989 $3,369,6912032 $2,582,211 $3,722,560 $6,304,771 $1,959,950 $1,959,950 $0 $622,261 $3,722,5602033 $2,633,855 $2,996,423 $5,630,278 $1,962,300 $1,962,300 $0 $671,555 $2,996,4232034 $2,686,532 $3,307,484 $5,994,016 $1,963,150 $1,963,150 $0 $723,382 $3,307,4842035 $2,740,263 $3,629,677 $6,369,940 $1,962,510 $1,962,510 $0 $777,753 $3,629,6772036 $2,795,068 $3,934,945 $6,730,013 $1,960,380 $1,960,380 $0 $834,688 $3,934,9452037 $2,850,969 $4,239,345 $7,090,315 $1,961,020 $1,961,020 $0 $889,949 $4,239,3452038 $2,907,989 $4,523,757 $7,431,746 $1,964,210 $1,964,210 $0 $943,779 $4,523,7572039 $2,966,149 $4,785,808 $7,751,957 $1,961,230 $1,961,230 $0 $1,004,919 $4,785,8082040 $3,025,471 $5,054,333 $8,079,804 $1,960,800 $1,960,800 $0 $1,064,671 $5,054,3332041 $3,085,981 $5,359,024 $8,445,005 $1,962,720 $1,962,720 $0 $1,123,261 $5,359,0242042 $3,147,701 $5,658,676 $8,806,376 $1,962,510 $1,962,510 $0 $1,185,191 $5,658,6762043 $3,210,655 $5,970,000 $9,180,655 $1,960,160 $1,960,160 $0 $1,250,495 $5,970,000 Prepared by LWA Page 1 of 2 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx
ATTACHMENT
2 Table D-1
Mossdale Tract: 2024 Financing PlanUpdated OAD and EIFD Financing Supporting TablesFinancing Revenues and Debt Service Year
Gross Available
Assessment
Revenues
Gross
EIFD
Revenues
Gross
Revenues for
Project &
Financing
Total
Debt Service
Assessment
Revenue
for Debt Service
EIFD Revenue
for Debt Service
Net Assessment
Revenue for PayGo /
Services
Net EIFD Revenue
for PayGo & Future
Projects
[1]
Table 1: EIFD
Revenue Analysis [2] [2]
2044 $3,274,868 $2,981,349 $6,256,216 $1,959,950 $1,959,950 $0 $1,314,918 $2,981,3492045 $3,340,365 $3,127,815 $6,468,180 $1,961,660 $1,961,660 $0 $1,378,705 $3,127,8152046 $3,407,172 $3,279,684 $6,686,856 $1,960,800 $1,960,800 $0 $1,446,372 $3,279,6842047 $3,475,316 $3,437,147 $6,912,462 $1,961,660 $1,961,660 $0 $1,513,656 $3,437,1472048 $3,544,822 $3,599,387 $7,144,209 $1,964,000 $1,964,000 $0 $1,580,822 $3,599,3872049 $3,615,719 $3,766,514 $7,382,233 $1,963,360 $1,963,360 $0 $1,652,359 $3,766,5142050 $3,688,033 $3,939,727 $7,627,760 $1,964,000 $1,964,000 $0 $1,724,033 $3,939,7272051 $3,761,794 $4,119,240 $7,881,034 $1,961,440 $1,961,440 $0 $1,800,354 $4,119,2402052 $3,837,029 $4,304,851 $8,141,881 $1,964,210 $1,964,210 $0 $1,872,819 $4,304,8512053 $3,913,770 $4,494,400 $8,408,170 $1,963,360 $1,963,360 $0 $1,950,410 $4,494,4002054 $3,992,045 $4,690,744 $8,682,789 $1,963,150 $1,963,150 $0 $2,028,895 $4,690,7442055 $4,071,886 $4,894,121 $8,966,008 $1,963,360 $1,963,360 $0 $2,108,526 $4,894,1212056 $4,153,324 $5,104,345 $9,257,669 $1,963,790 $1,963,790 $0 $2,189,534 $5,104,3452057 $4,236,391 $5,318,043 $9,554,433 $0 $0 $0 $4,236,391 $5,318,043 2058 $0 $5,535,970 $5,535,970 $0 $0 $0 $0 $5,535,970
2059 $0 $5,761,485 $5,761,485 $0 $0 $0 $0 $5,761,485
2060 $0 $5,994,845 $5,994,845 $0 $0 $0 $0 $5,994,845
Total $103,650,829 $159,253,232 $262,904,061 $58,866,730 $58,866,730 $0 $44,784,099 $159,253,232 [1] Based on actual FY 2024/25 Assessment Levy plus an assumed 2% per year increase for consverative purposes.[2] Pay go Revenues from the EIFD are collected through 2034. The total amount of PayGo revenues needed to funding the 200-Year Project total $45,377,677. No debt service is needed to be supported by EIFD revenues.
Prepared by LWA Page 2 of 2 1801000 Mossdale Tract Financing Plan 2024 1227.xlsx
ATTACHMENT
2