HomeMy WebLinkAboutMINUTES - 06252013 - C.16RECOMMENDATION(S):
ADOPT Resolution No. 2013/272 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 US 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. When Proposition 13 was passed, the tax rate had been set to zero, so it was locked in
at that rate.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/25/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Candace Andersen, District II
Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:John Gioia, District I Supervisor
Mary N. Piepho, District III
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 25, 2013
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, Letitia Watters, County Auditor-Controller's Office, R. Mitch Avalon, Public Works
Dept., Administration, Mike Carlson, Flood Control, Paul Detjens, Flood Control, Diana Oyler, PW Finance, Catherine Windham, Flood Control, Dean Allison, City of Pinole,
Carl Roner, Flood Control
C. 16
To:Contra Costa County Flood Control District Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 25, 2013
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)
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 in 2010, providing increased flood protection, riparian habitat, and a recreational trail. The City
has received funding for the second phase of the Project, and the FC District has begun preliminary design and
right of way work in support of this project. Several other funding strategies are being pursued for implementation
in the next five to ten years.
FCZ 9 has funded several activities over the past fiscal year. FC District staff coordinated with the City to plan for
replacement of the Railroad Avenue Bridge. 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 time frame 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 2013-14
expenditures and anticipated 2014-15 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. 2013/272