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HomeMy WebLinkAboutMINUTES - 10012013 - C.06RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Flood Control & Water Conservation District (FC District), or designee, to execute Amendment No. 2 to the June 16, 2003, Joint Exercise of Powers Agreement (JEPA) and the January 28, 2008, Amendment No. 1 with the City of Pleasant Hill (City) for the Grayson and Murderers' Creek project, Pleasant Hill and Walnut Creek areas. (100% Drainage Area 46 Funds) FISCAL IMPACT: Entering into JEPA Amendment #2 will transfer the responsibility of funding the City’s share of the study from the City to Drainage Area 46, Fund 257800, effective October 1, 2010. BACKGROUND: Flooding along both Grayson and Murderers’ Creeks has historically been an issue for the citizens of Pleasant Hill and neighboring communities. The FC District and the City have jointly been supporting the US Army Corps of Engineers (USACE) efforts to study Grayson and Murderer’s Creeks to determine feasibility for a federal project. On June 16, 2003, the FC District and the City entered into a JEPA, which covered Phase 1 of the two-phase USACE study. On APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/01/2013 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Paul R. Detjens (925) 313-2394 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: October 1, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: E. Gelston, County Counsel, M. Carlson, Flood Control, P. Detjens, Flood Control, C. Windham, Flood Control C. 6 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:October 1, 2013 Contra Costa County Subject:Amendment to Agreement with the City of Pleasant Hill for the Grayson/Murderers’ Creek Project Feasibility Study. Project #7520-6F8281 BACKGROUND: (CONT'D) January 28, 2008, the FC District and the City amended the JEPA to continue the partnership through Phase 2 of the study. Both the original JEPA and first JEPA Amendment required that the City and the FC District participate equally in local share of the USACE study costs. Quarterly, the City and FC District would prepare detailed cost accounting reports to track the expenditures of each party. Typically, this required the FC District to invoice the City to bring each party’s expenditures into balance. In 2010, the City stopped paying the FC District’s invoices, and in 2011, requested that the FC District instead cover the outstanding balance of the City’s share of the study using collected Drainage Area 46 funds. The second JEPA Amendment allows the City’s share of the study cost after October 1, 2010, to be paid using Drainage Area 46 funds, per the City’s request. The current outstanding balance of the City’s share of the study cost is approximately $210,000. CONSEQUENCE OF NEGATIVE ACTION: If the FC District does not execute the JEPA amendment, the City will continue to owe funds to the FC District and the FC District will continue efforts to collect this debt. CHILDREN'S IMPACT STATEMENT: Not applicable.