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HomeMy WebLinkAboutAgenda Report - May 6, 2009 E-13AGENDA ITEM 00I3 CITY OF LODI COUNCIL COMMUNICATION .Im AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Lower San Joaquin River Feasibility Study Cost-ShareAgreements to Assess 200 -Year Flood Event Protection Requirements MEETING DATE: May 6,2009 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Managerto execute Lower San Joaquin River Feasibility Study cost -share agreements to assess 200-yearflood event protection requirements. BACKGROUND INFORMATION: In November 2007, the Governor signed into law several flood control bills. As a result of these bills, major changes in flood protection requirements are expected over the coming years in the Sacramento - San Joaquin Valley. Senate Bill 5 (SB 5) provides the most significant requirements and changes to flood protection. SB 5 requires a plan to reach 200 -year levels of flood protection for urban and urbanizing areas by 2012 and requires 200 -year levels of flood protection to be in place by 2025. State funding priorities for flood control projects require federal participation. The San Joaquin Area Flood Control Agency (SJAFCA) and San Joaquin County have been meeting with the State Department of Water Resources and the U.S. Army Corps of Engineers (Corps) to discuss a feasibility study to develop a project that would provide flood protection for the urban areas of Stockton, Lathrop, Manteca, the Lodi wastewater treatment plant, and unincorporated areas of San Joaquin County. The study area includes the Lower San Joaquin River, from the southern end of San Joaquin County to the northern boundaries of the City of Stockton, up to and including the Lodi wastewater treatment plant adjacent to Interstate 5 near Thornton Road. The cost for the Lower San Joaquin River Feasibility Study is estimated at $8 million to $10 million. Cost -shares will consist of 50 percent from the Corps, 25 percent from the State, and 25 percent from local agencies. Assuming a $10 million study cost, the local share is $2.5 million. Using a formula based upon levee miles, the Lodi share is $17,731 that would be paid over a five-year period. The largest shares have been assigned to SJAFCA (40 percent) and San Joaquin County (15 percent), with the remainder divided among a number of Reclamation Districts, Stockton, Lathrop, Manteca and Lodi. On August 6, 2008, City Council adopted Resolution No. 2008-158 approving Lodi's cost -share of $17,731, appropriating funds, and authorizing the City Managerto execute the cost -share agreements. However, several minor changes were made to the agreement, and staff is returning the final document to Council for approval. An example of these minor changes is to remove the State Central Valley Flood Protection Board as one of the Study Sponsors leaving the San Joaquin Flood Control Agency as the sole Study Sponsor. There are no changes to the intent or funding shares within the agreement. FISCAL IMPACT: The study will cost $3,546 per year for five years. FUNDING AVAILABLE: $17,731 was appropriated from the Wastewater Capital Fund (171) following the A ust 008 City Council eting. Jordan Ayers, Dept C y Manager/Internal Services Director F. Wally STndelin Public Works Director APPROVED: Blair King,Cit 5pager KAWP\FLOOD\Lwr San Joaquin Study\CLwrSJ RiverFeasStudyZdoc 5/1/2009 COST -SHARE AGREEMENT with SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share $2.5 million for the U.S. Army Corps of Engineers' Lower San Joaquin River Feasibility Study This Cost -Share Agreement ("Agreement") is made this day of 2009, by, between and among the San Joaquin Area Flood Control Agency ("SJAFCA"), a joint powers agency (City of Stockton, San Joaquin County and the San Joaquin County Flood Control and Water Conservation District), and the following Reclamation Districts: Bishop Tract (RD 2042), Atlas Tract (RD 2126), Shima Tract (RD 2115), Lincoln Village West (RD 1608), Sargent Barnhart (RD 2074), Smith Tract (RD 1614), Weber Tract (RD 828), Boggs Tract (RD 404), Rough and Ready Island (RD 403/Port of Stockton), Mossdale (RD 17), and City of Lodi, a municipal corporation, and San Joaquin County Flood Control and Water Conservation District ("District"), a District formed pursuant to California Water Code. This Agreement may be executed in one or more counterparts, all of which shall constitute one and the same instrument. This Agreement shall be effective only when executed by all the parties. On February 19,2009 SJAFCA signed a Federal Cost Share Agreement (FCSA) with the U.S. Army Corps of Engineers to participate in the Lower San Joaquin River Feasibility Study (Study). RECITALS WHEREAS, Our local urban and urbanizing areas are facing new FEMA floodplains and levee issues and future State -required 200 -year levels of flood protection by 2025; and WHEREAS, Future State and Federal funding for levee improvement projects will require involvement of the State and U.S. Army Corps of Engineers; and WHEREAS, The total cost of the Study is estimated at $10 million. The U.S. Army Corps of Engineers will pay 50% ($5 million), the State 25% ($2.5 million), and the local agencies 25% ($2.5 million); and WHEREAS, The participation by the local agencies in this Agreement demonstrates to both the State and U.S. Army Corps of Engineers that flood protection improvement projects and the provision of the highest level of protection are locally supported by all agencies participating in providing urban flood protection; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions in this Agreement, and the mutual benefits to be derived therefrom, the parties agree as follows: Page I of 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share $2.5 million for the U.S. Army Corps of Engineers' Lower San Joaquin River Feasibility Study 1. MUTUAL COVENANTS. 1.1. Recitals Correct. The above recitals are true and correct. 1.2 Term. This Agreement shall remain in effect until terminated as provided in Section 1.3. I.3 Termination. This Agreement shall be subject to termination as follows: 1.3a. Termination by Mutual Consent. This Agreement may be terminated at any time by mutual consent of the parties. Parties may terminate this Agreement if one or more parties default on funding shares. 1.3b. Termination Upon Completion of Proiect. Except as to any rights or obligations which survive, this Agreement shall be terminated, and the parties shall have no further obligation to each other, upon completion of this Study. 1.3c. Term of Agreement. The term of this Agreement shall be co- extensive with the term of the FCSA. Parties may terminate or suspend this Agreement with 60 days' written notice. Parties to this Agreement will be responsible for their share of the Study costs up to the time the Agreement is terminated or suspended. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to all parties. 1.4 Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below: TO SJAFCA: James B. Giottonini, Executive Director San Joaquin Area Flood Control Agency 22 East Weber Avenue, Room 301 Stockton, CA 95202-2317 Page 2 of 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share $2.5 million for the U.S. Army Corps of Engineers' Lower San Joaquin River Feasibility Study TO DISTRICT: Thomas R. Flinn, Public Works Director/ Flood Control Engineer San Joaquin County Flood Control and Water Conservation District 1810 E. Hazelton Avenue Stockton, CA 95205 TO CITY OF LODI: Wally Sandelin, Public Works Director City of Lodi 221 W. Pine Street Lodi, CA 95240 TO RD 2042 (BISHOP TRACT): Reclamation District No. 2042 (Bishop Tract) C/O Al Warren Hoslett, Attorney 311 E. Main Street, Suite 504 Stockton, CA 95202 TO RD 2126 (ATLAS TRACT): Marc Hardy, President, Board of Trustees C/O John W. Stovall, Attorney Reclamation District 2126 P.O. BOX 20 Stockton, CA 95201-3020 TO RD 2115 (SHIMA TRACT): John C. Kelley III, President, Board of Trustees C/O John W. Stovall, Attorney Reclamation District 2115 P.O. BOX 20 Stockton, CA 95201-3020 TO RD 1608 (LINCOLN VILLAGE WEST): Michael Panzer, President, Board of Trustees C/O Jean Knight, Secretary Reclamation District 1608 P.O. BOX 20 Stockton, CA 95201-3020 Page 3 of 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY fo r the Local Cost -Share $2.5 million for the US. Army Corps d Engineers' Lower San Joaquin River Feasibility Study TO RD 2074 (SARGENT BARNHART TRACT): Nelson Bahler, President, Board of Trustees C/O Deedee Antypas Reclamation District 2074 3244 Brookside Road, Suite 100 Stockton, CA 95219 TO RD 1614 (SMITH TRACT): William Dunning, President, Board of Trustees C/O John W. Stovall, Attorney Reclamation District 1614 P.O. Box 20 Stockton, CA 95201-3020 TO RD 828 (WEBER TRACT): Bill Mendelson, President, Board of Trustees C/O Richard W. Johnson, Attorney Reclamation District 828 221 Tuxedo Court, Suite F Stockton, CA 95204 TO RD 404 (BOGGS TRACT): Gary E. Gentry, President and Trustee C/O Dante John Nomellini, Jr., Attorney Reclamation District 404 P.O. Box 1461 Stockton, CA 95201 TO RD 403 (ROUGH AND READY ISLAND): Gary E. Gentry Reclamation District 403 Port of Stockton 2201 W. Washington Street Stockton, CA 95203 TO RD 17 (MOSSDALE): Everett E. Conway, Secretary Reclamation District 17 1812 Burnside Way Stockton, CA 95207 Page 4 d 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share $2.5million for the U.S. Army Corps (f Engineers' Lower San Joaquin River Feasibility Study Any party changing its address must give notice of such change to the other parties in the manner provided in this Section 1.4. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail. 1.5. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect. 1.6 Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 1.7 Federal Cost Share Agreement. A copy of the FCSA will be provided to all parties to this Agreement. If the FCSA changes due to revisions to the Project Management Plan, then the parties hereto agree to renegotiate those provisions of this Agreement that are affected by any changes in the FCSA. 1.8. Signator's Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party. 2. LOCAL STUDY COST AND DURATION. The cost -share and time period for this effort and all parties to this Agreement are indicated on Attachment 1. Any changes in the cost -share or conditions in Attachment 1 or default in funding participation will require an amendment to be signed by all parties in this Agreement. The local $2.5 million cost - share funding will be implemented through SJAFCA to support work -in-kind efforts needed to accomplish tasks described in the U.S. Army Corps of Engineers' Project Management Plan. 3. FCSA STUDY SPONSOR. SJAFCA has agreed to perform the functions of the Study Sponsor as stated in the FCSA. Future study sponsors in the FCSA include the State Central Valley Flood Protection Board and the District. 4. STUDY ACTIVITIES. Participation by SJAFCA in the Study is limited to the activities described in the Project Management Plan, an attachment to the FCSA. SJAFCA shall manage the local $2.5 million work -in-kind effort and hire consultants to provide work product as outlined in the Project Management Plan. Page 5 of 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share $2.5 million for the U.S. Army Corps of Engineers' Lower San Joaquin River Feasibility Study 5. LOCAL COST-SHARING. 5.1 Final Accounting. SJAFCA shall prepare and submit to the parties to this Agreement a final accounting of the expenses and revenues of the Study at or prior to termination of the FCSA. At such time, any cash surplus remaining from the cash contributions provided for this Study shall be credited and returned to the parties to this Agreement in proportion to their respective cash contributions. It is understood in making such final accounting that any cash payments to the consultant support shall be deemed to have been made first from the principal of the cash contributions, and then from the earned interest, only if the principal has been exhausted. Any earned interest remaining at the time of the final accounting shall be credited and returned to the parties of this Agreement pro -rated according to the time the respective cash contributions were on deposit. 6. RECORDS AND REPORTS. 6.1. SJAFCA shall coordinate with the parties of this Agreement in the maintenance of adequate records of the expenses and revenues of the Study, and such records shall be available for inspection and audit by the designated representatives of this Agreement within 14 days of any such records being compiled, and shall maintain such records available for inspection and audit by the parties hereto for a period of three years after final payment under this Agreement. 6.2. SJAFCA shall furnish parties to this Agreement with copies of any financial or progress reports received from the U.S. Army Corps of Engineers and study sponsors within 14 days of receipt of such reports. 6.3. SJAFCA shall provide a yearly financial and study progress report to all parties to this Agreement within 30 days of the end of each fiscal year or end of the first year of Study, whichever is greater. SJAFCA shall be available to provide updates to individual parties or parties to this Agreement at the convenience of all. 6.4. Upon completion of the Study, SJAFCA shall furnish all parties to this Agreement two copies of the U.S. Army Corps of Engineers' Feasibility Report within 30 days of receipt of such by SJAFCA. Page 6 of 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share $2.5 millionfor the U.S. Army Corps of Engineers' Lower San Joaquin River Feasibility Study 7. COVENANTS OF DISTRICT. 7.1, Payments. Reclamation Districts, City of Lodi, and District shall, within thirty (30) days of notice of executed Study, submit 1/5 of their cost -share as indicated on Attachment 1. SJAFCA shall request from parties to this agreement at the beginning of each fiscal year a 1/5 share of the costs of the Study. SJAFCA shall manage Study costs on a yearly basis and after the end of each fiscal year submit an accounting of the costs to each of the parties of this Agreement. If costs exceed per year the estimated 1/5 share then SJAFCA may carry those costs to the following year if it is a hardship on parties to contribute above the 1/5 share. The parties may submit their full cost -share at the execution of the Study to SJAFCA. 8. PLANNING COORDINATION. SJAFCA shall keep all parties to this Agreement apprised of the various plans proposed for the Study and coordinate with all parties to this Agreement during the Study. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above. SJAFCA: JAMES B. GIOTTONINI EXECUTIVE DIRECTOR CITY OF LODI: BLAIR KING CITY MANAGER DISTRICT: THOMAS R. FLINN PUBLIC WORKS DIRECTOR/ FLOOD CONTROL ENGINEER RECLAMATION DISTRICT 2042: MARC HARDY, CHAIRMAN BOARD OF TRUSTEES Page 7 of 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share $2.5 millionfor the U.S. Army Corps of Engineers' Lower San Joaquin River Feasibility Study RECLAMATION DISTRICT 2126: MARC HARDY, PRESIDENT BOARD OF TRUSTEES RECLAMATION DISTRICT 1608: MICHAEL PANZER, PRESIDENT BOARD OF TRUSTEES RECLAMATION DISTRICT 1614: WILLIAM DUNNING, PRESIDENT BOARD OF TRUSTEES RECLAMATION DISTRICT 404 GARY E. GENTRY, PRESIDENT BOARD OF TRUSTEES RECLAMATION DISTRICT 2115: JOHN C. KELLEY, III, PRESIDENT BOARD OF TRUSTEES RECLAMATION DISTRICT 2074: NELSON BAHLER, PRESIDENT BOARD OF TRUSTEES RECLAMATION DISTRICT 828: BILL MENDELSON, PRESIDENT BOARD OF TRUSTEES RECLAMATION DISTRICT 403 (PORT OF STOCKTON) GARY E. GENTRY PORT OF STOCKTON Page 8 c' 9 April 2, 2009 COST -SHARE AGREEMENT WITH SAN JOAQUIN AREA FLOOD CONTROL AGENCY for the Local Cost -Share ,$2.5 million for the U.S. Army Corps 0f Engineers' Lower San Joaquin River Feasibility Study RECLAMATION DISTRICT 17 EVERETT E. CONWAY, SECRETARY BOARD OF TRUSTEES APPROVED AS TO FORM: GUY PETZOLD DEPUTY CITY ATTORNEY ::ODMA\GRPWISE\COS.PW.PW Library: 135668.1 Page 9 of 9 April 2, 2009 Attachment 1 Lower San Joaquin River Feasibility Local Cost Share Estimate This study area and study benefit area will include urban and urbanizing areas required to meet State mandated 200 -year level flood protection. Urbanizing areas will include the areas in the General Plan for the Cities of Stockton, Lathrop and Manteca Local share $2.5 million Cost -share will be spread over 5 years Estimate aEtotal levee miles for urban and urbanizing areas for study benefit areas 141 Study cost per levee mile = $17,731 Levee ARIes Miles % All RD levees 59 42% SJAFCA 81 57% City of Lodi 1 1% total 141 100% RD Levees City of Lodi Miles Cost Lodi 1 $17,731 Total non SJAFCA $1,065,631 Miles cost RD 2042 Bishop Tract 8 $141,848 RD 2126 Atlas Tract 3 $53,793 RD 2115 Shima Tract 6.8 $120,570 RD 1608 Smith Tract 3.2 $56,739 RD 2074 Sargent Barnhardt 3 $53,193 RD 1614 Smith Tract 2.8 $49,647 RD 828 Weber Tract 1.2 $21,277 RD 404 Boggs Tract 5.2 $92,201 RD 403 Rough and Ready Islan 6.5 $115,251 RD 17 Mossdale 19.4 $343,981 59.1 $1,047,900 City of Lodi Miles Cost Lodi 1 $17,731 Total non SJAFCA $1,065,631 SJAFCA/County Share $1,499,973 Area of SJAFCA 38,336 acres Area of County outside of SJAFCA within 100year floodplain (without levees) that would be protected by future improvements = 14,221 acres SJAFCA/County cost -share determined by area protected cost Area of SJAFCA =38,336 acres 73% $1,047,089 Area of County = 14,221 acres 27% $387,280 total $1,434,369 Summary Miles cost Cost/year (over 5 years) RD 2042 Bishop Tract 8 $141,848 $28,370 RD 2126 Atlas Tract 3 $53,193 $10,639 RD 2115 Shima Tract 6.8 $120,570 $24,114 RD 1608 Smith Tract 3.2 $56,739 $11,348 RD 2074 Sargent Barnhardt 3 $53,193 $10,639 RD 1614 Smith Tract 2.8 $49,647 $9929 RD 828 Weber Tract 1.2 $21,277 $4,255 RD 404 Boggs Tract 5.2 $92,201 $18,440 RD 403 Rough and Ready Islan 6.5 $115,251 $23,050 RD 17 Mossdate 19.4 $343,981 $68,796 Lodi 1 $17,731 $3,546 SJAFCA 73% of 81 miles $1,047,089 $209,417 County 27% of 81 miles $387,280 $77,456 TOTAL $2,500,000 local per year funding $499,999 RESOLUTION NO. 2009-52 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE LOWER SAN JOAQUIN RIVER FEASIBILITY STUDY COST - SHARE AGREEMENTS TO ASSESS 200 -YEAR FLOOD EVENT PROTECTION REQUIREMENTS WHEREAS, bills signed by the Governor in November 2007 will require major changes in flood protection in the Sacramento -San Joaquin Valley; and WHEREAS, Senate Bill 5 requires a plan to reach 200 -year levels of flood protection for urban and urbanizing areas by 2012 and requires 200 -year levels of flood protection to be in place by 2025; and WHEREAS, the San Joaquin Area Flood Control Agency (SJAFCA) and San Joaquin County have been meeting with the State Department of Water Resources and the U.S. Army Corps of Engineers (Corps) to discuss a feasibility study to develop a projectthat would provide flood protection for the urban areas of Stockton, Lathrop, Manteca, the Lodi wastewater treatment plant, and unincorporated areas of San Joaquin County. The study area includes the Lower San Joaquin River, from the southern end of San Joaquin County to the northern boundaries of the city of Stockton, up to and including the Lodi wastewater treatment plant adjacentto Interstate5 nearThornton Road; and WHEREAS, on August 6, 2008, City Council adopted Resolution No. 2008-158 approving Lodi's cost -share of $17,731, appropriating funds, and authorizing the City Manager to execute the cost -share agreements. However, changes were made to the draft cost -share agreement, and staff is returning the final document to Council for approval. There were minor changes to the agreement wording to the extent it was felt that Council re -approval of the agreement was appropriate. There are no changes to the intent or funding shares within the agreement. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the cost -share agreements to assess 200 -year flood event protection requirements. Dated: May 6, 2009 I hereby certify that Resolution No. 2009-52 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 6, 2009, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None ZOHL City Clerk 2009-52