HomeMy WebLinkAboutMINUTES - 06262012 - C.18RECOMMENDATION(S):
ADOPT Resolution No. 2012/283 approving deposit of $200,000 by the Contra Costa County Flood Control & Water
Conservation District (FC District) to the Flood Control Revolving Fund and approving a loan from the Flood Control
Revolving Fund in the amount of $200,000 to Flood Control Zone 9 (FCZ 9) for various activities regarding Pinole
Creek, Pinole area. (100% Flood Control District Funds)
FISCAL IMPACT:
Funds are deposited by the FC District into the Flood Control Revolving Fund and loaned from the Flood Control
Revolving Fund to another drainage entity. FCZ 9 anticipates paying the loan principal of $200,000 and interest back
in ten years.
BACKGROUND:
The FC District formed the property-tax based entity FCZ 9 and partnered with the U.S. Army Corps of Engineers
(USACE) in the 1960’s to construct flood protection improvements on Pinole Creek for the communities of Hercules
and Pinole between Interstate 80 and San Pablo Bay. Prior to State Proposition 13 in 1978, FCZ 9 had adequate tax
revenue and a balance on hand.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/26/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Tim Jensen (925) 313-2390
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: June 26, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc: Tom Geiger, County Counsel's Office, Bob Campbell, County Auditor-Controller's Office, Wendy Nelson, County Auditor-Controller's Office, R. Mitch
Avalon, Deputy Chief Engineer, Mike Carlson, Flood Control, Paul Detjens, Flood Control, Carl Roner, Flood Control, Adrienne Clark, PW Finance,
Catherine Windham, Flood Control, Dean Allison, City of Pinole, Tim Jensen, Flood Control
C. 18
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 26, 2012
Contra
Costa
County
Subject:Adopt Resolution Approving Deposit to the Flood Control Revolving Fund and Loan from the Fund to Flood Control
Zone 9. Fund 253200
BACKGROUND: (CONT'D)
When Proposition 13 was passed, the prior tax rate had been zero, so it was locked in at that rate. The FC District
did receive Special District Augmentation Funds to contribute towards FCZ 9, but that program was eliminated by
the State in 1992. With the formation of the Countywide Stormwater Utility in 1991, the FC District requested
that the cities of Hercules and Pinole contribute a portion of their stormwater fees to assist with maintenance of
Pinole Creek, but none has been provided. Since that time, the Flood Control Revolving Fund has made several
loans to keep FCZ 9 operating. FCZ 9 continues to have no revenue source. Due to the USACE Operations and
Maintenance Agreement and community expectation, the consequence of abandoning FCZ 9 would obligate the
FC District to fund the zone. Ultimately, if the FC District is not able to provide these funds, the County would
become responsible.
In response to the lack of funding for FCZ 9, the FC District has been pursuing alternative funding sources. The
first phase was begun in 2004 by partnering with the City of Pinole (City) and the Friends of Pinole Creek to
develop a vision for the Pinole Creek watershed. As a result of the visioning process, the City received a $2.6
million River Parkways grant from the State to build a “demonstration project” on lower Pinole Creek. The FC
District supported the demonstration project, not only because it would improve flood protection, but because it
would increase public interest and allow the City and the FC District to pursue a municipal finance measure to
fund perpetual maintenance of Pinole Creek. The first phase of the Pinole Creek Demonstration Project (Project)
was completed last fall, providing increased flood protection, riparian habitat, and a recreational trail. The City
has grant funding for the second phase of the Project, and the FC District is providing right of way work in
support of the Project. Several other funding strategies are being pursued for implementation in the next five to
ten years.
FCZ 9 has funded several other activities over the past fiscal year. FC District staff coordinated with the City to
exchange easements that provide adequate rights of way for the City and FC District to maintain their facilities as
part of the Pinole Valley Shopping Center redevelopment project. The FC District has also been providing staff
support for the USACE 1135 Program Ecosystem Restoration Project, which will improve habitat and migration
for threatened Pacific Coast Steelhead in Pinole Creek. FCZ 9 also incurs annual maintenance expenditures of
approximately $25,000 to meet its legal obligation to the USACE to provide flood protection for the community.
Similar activities will be performed this next fiscal year.
We recommend that the FC District continue to provide funding to FCZ 9 until adequate permanent funding is
established. The timeframe to achieve this is anticipated to be ten years. We request that the FC District deposit
$200,000 into the Flood Control revolving fund to provide funding for the FCZ 9 fiscal year 2011-12 expenditures
and anticipated 2012-13 expenses.
CONSEQUENCE OF NEGATIVE ACTION:
If the proposed deposit and loan is not approved, the FCZ 9 fund will be depleted and the FC District will take on
the liability. In addition, the FC District will lose years of progress toward community support of long-term
funding for FCZ 9.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2012/283