Public Hearings
Mossdale Tract Area
Regional Urban Level of Flood Protection
Development Impact Fee Program
City of Stockton City Council Meeting
October 18, 2022
Agenda Item 16.1
Recommendation
Receive staff’s presentation and any public comments regarding the Mossdale Tract Regional Urban Level of Flood Protection Fee Update
Conduct a combined Public Hearing as required by AB 602 and AB 1600 To Approve the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee Nexus Study Update; and,
Adopt of the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee Upon conclusion of the Public Hearing Adopt a Resolution Approving the Nexus Study,
Approving the Amended Collection Agreement; and,
Establishing the proposed Fee.
Background on Update
Current Regional Fee Program adopted November 8, 2018 Since 2018, fee program has generated more than $8.9 Million Key factors necessitating update
Overall Program Costs
EIFD funding approach
Updated development projections
Update needs to comply with new Impact Fee Law (AB 602) Required noticed Public Hearing on the Nexus Study
Nexus Study Content – address existing and new level of service Address basis upon which fee is calculated
Following adoption of Resolution approving the Nexus Study Update Adopt an Ordinance to amending the City’s Municipal Code Establish Fee rates by Resolution
Updated Program Costs
SJAFCA’s Mossdale ULOP Project
Improvements now inclusive of SJAFCA’s adopted Climate Adaptation Policy Project Cost Updated from 2018 Nexus Study (Million $’s) Fee Funded Portion = $88.61 Million (2021$’s)
Balance of costs to be funded from other sources
$88.6 million includes EIFD reimbursements to the Agencies as described in the Nexus Study (approx. $30.1 Million more than the $58.5 noted previously) Approach for funding the overall program currently being updated • Updated Nexus Study / increased fee is contemplated as part of the update. In other words, update to the Fee is a no regrets action.
Total Project Cost
(Nominal$'s)
Discounted Cost
for Fee
Net Fee
Funded Portion
2018 Study $176.50 $150.8 (2018$'s) $64.15
2022 Update $270.70 $235.5 (2021$'s) $88.61
Update to Planned Development
5 Fee calculation Reflects – all planned development receiving flood protection from the ULOP Project expected over the next 30 – years
Fee would be collected over 30-year period
Jurisdiction
Gross Acreage
2018 Study
Gross Acreage
2022 Update
Lathrop 2,455 2,195
Manteca 1,015 1,712
Stockton 231 458
Unincorporated SJ County 370 561
Total 4,071 4,926
Incorporation of EIFD Payments
6 Participation in the EIFD results in land use agency general funds fiscal impacts. Fee revenues collected after the completion of the project can help mitigate fiscal impacts.
The Study Update reflects the use of fee revenues collected after completion of the ULOP Project in 2029, to provide payments to the Agency’s to mitigate EIFD impacts.
Repayment provisions are incorporated into the Collection Agreement.
Regional Fee Boundary
All development within the area benefiting from ULOP
is to be charged the Fee.
No change to the current Fee Boundary
Consistent with EIFD Boundary and area receiving and
Urban Level of Flood Protection
Fee Rate Summary
8 Development Impact Fee Administration
9 Fee charged prior to issuance of building permit.
Fee will apply to all Planned Development in the Mossdale Tract Area that creates a flood protection impact.
Based on Map’s/Parcel’s Gross Developable Acreage (GDA as defined in the updated Nexus Study)
Fee collection would be deferred consistent with any jurisdiction-wide fee collection deferral program (or a deferral program approved by the Land Use Agency and
SJAFCA)
SJAFCA may provide credit toward the fee for:
Advance funding of levee improvements
Construction and dedication of facilities by a developer Credit would be subject to the terms of a fee crediting agreement Fee Crediting & Reimbursement Principles are included in the Amended Fee Collection Agreement to ensure consistency and equity among the member agencies.
Amended Fee Collection Agreement
10 Agreement between SJAFCA and all the Land Use Member Agencies Terms are primarily the same as the original agreement except for:
Timing - commence collection of the updated DIF as soon as it is effective within all of the agencies.
Note: 60 day period before a new fee is effective after adoption. Terms related to EIFD Payments added
Payments to County for additional EIFD Contributions paid on a priority basis (100% of Fees until the cumulative amount is paid with interest.)
Fees received after priority County payments are allocated based on EIFD participant’s proportionate share of cumulative contributions during initial years plus contributions made after 2029. Duration of the impact fee payments to the agencies is yet to be determined. Is a function of how long the Impact Fee program is in place after project completion (contemplated 30 years).
Term can be addressed during required 5-Year Impact Fee Update processes. SJAFCA member agencies should weigh in on duration of the impact fee program and associated EIFD Payments.
Recommendations & Next Steps
11 Conduct a combined Public Hearing as required by AB 602 and AB 1600 To Approve the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee Nexus Study Update; and,
Adopt of the Mossdale Tract Regional Urban Level of Flood Protection Impact Fee Upon conclusion of the Public Hearing Adopt a Resolution Approving the Nexus Study,
Approving the Amended Collection Agreement; and,
Establishing the proposed Fee.
Questions & Discussion