"Risk of Disclosure"
FLOOD RISK DISCLOSURE January 28, 2008 The general area within the City of Lathrop located between Interstate Highway 5 and the San Joaquin River includes the City’s Mossdale Village Assessment District, Community Facilities District No. 2003-1 (Mossdale Village) (relating to the Lathrop Financing Authority Revenue Bonds (Water Supply Project) Series 2003) and Community Facilities District No. 2006-1. The combined areas of these three districts are referred to herein as the “Combined District Area.” The Combined District Area is bounded on the west by the San Joaquin River and on the east by Interstate Highway 5. The Combined District Area is now protected from seasonal flooding of the San Joaquin River by a levee owned and maintained by Reclamation District No. 17, a political subdivision of the State of California (“RD17”). This levee is sometimes referred to as the RD17 levee. The integrity of the levee system has heretofore been certified by the Federal Emergency Management Agency (“FEMA”) to be sufficient to protect the Combined District Area from a theoretical 100-year flood. The Federal Emergency Management Agency (FEMA) has been implementing a nationwide Map Modernization (Map Mod) program primarily to update Flood Insurance Rate Maps (FIRMs). As a result of this process, some areas that are currently designated as outside a 100-year-flood zone may be re-designated as within a 100-year-flood zone. Such re-designations have become increasingly common following levee-related disasters such as Hurricane Katrina. Most of the City is currently designated as outside a 100-year-flood zone. The Map Mod program, however, will evaluate existing levees, including the RD-17 levee, with new information and new standards and could cause significant areas within the City to be designated as within a 100-year- flood zone, including the Combined District Area. Such designations could force certain owners of improved property to purchase flood insurance under their existing mortgage covenants and substantially delay or increase the cost of any new construction, among other consequences. As part of the Map Mod program, the RD17 levee is subject to provisional and temporary accreditation by FEMA, subject to submission of required information to FEMA, ongoing coordination with the State of California Department of Water Resources (“DWR”) and certain public outreach disaster preparedness measures. If FEMA’s information requirements are not satisfied, FEMA will initiate a map revision to re-designate certain areas on the landward side of the RD-17 levee as a Special Flood Hazard Area. In the meantime, DWR has stated that it “… cannot support either FEMA’s provisional accreditation process or a re-accreditation of the RD17 levee[s] at this time” on the basis that the levee does not meet U.S. Army Corps of Engineers’ standards for underseepage. Accordingly, there does not appear to be regulatory consensus about the status or future of the RD17 levee. The foregoing information is subject to revision or update at any time, and the City does not guarantee its accuracy or completeness. In its sole discretion, the City may update this portion of its website with additional information about ongoing FEMA and DWR processes affecting the RD-17 levee and the Combined District Area. C:\Docstoc\Working\pdf\5865ba49-ac0b-45e1-a6bf-ea42da5d608b.doc