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TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM. MAURICE SHIU, CHIEF.ENGINEER.
DATE: December 16, 2403
SUBJECT: APPROVE the First Amendment to the Joint Exercise of Powers Agreement between the Contra
Costa County Flood Control and Water Conservation District and the City of Pittsburg,to extend the
term from December 31,2003 to December 31,2006,Countywide. (Cities and County Stormwater
Utility Fee Assessments)(All Districts) Project No. 0929 6x7098
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer of the Flood Control and Water Conservation District,or
designee, on behalf of the Contra Costa Clean Water Program,to execute the first amendment to the Joint
Exercise of Powers Agreement between the Contra Costa County Flood Control and Water Conservation
District and the City of Pittsburg,effective January 1,2004,to extend the term from December 31,2003 to
December 31,2006 for the Golf Course Special Study,Countywide.(Cities and County Stormwater Utility
Fee Assessments) (All Districts)Project No. 6x7098
Continued on Attachment: X SIGNATURE�,,
�r
,, COMMENDATION OF COUNTY ADMINIST T
RECOMMENDATION OF BOARD COMMITTE
_
r. P.PROVE OTHER
SIGNATURES :
ACTION OF BO N DECEMBER 16, 2003 APPROVED AS RECOMMENDED XX OTHER____
L
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action
xx UNANIMOUs(ABSENT NONE taken and entered on the minutes of the Board of Supervisors on
AYES: NOES: the date shown.
ABSENT: ABSTAIN: ATTESTED: DECEMBER 16, 2003
DPF:mm JOHN SWEETEN, Clerk of the Board of Supervisors and
G:tGrpDatstN DES\)34_lies_Contcacts Ag-t pitttturg Goff course StudyUEPA Bo Doe 16.doc County Administrator
Orig.Div: Public Works Flood Control
Contact: (313-2373)Donald P.Freitas
c: CAO
County Counsel
PW Accounting
By .Deputy
SUBJECT: APPROVE the First Amendment to the Joint Exercise of PowersAgreement between the
Contra Costa County Flood Control and Water Conservation District and the City of
Pittsburg,to extend the term from.December 31, 2003 to December 31,2006,Countywide.
(Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 0929
6x7098
DA'T'E: December 16, 2003
PAGE: 2
II. Fiscal hmpact:
None. The project has already been funded by stormwater utility.fee assessments collected by the
cities and county proportioned to their respective populations.
IH. Reasons for Recommendations and Background:
Effective June 18, 2001, the Contra Costa County Flood Control and Water Conservation District
(District) and the City of Pittsburg entered into a joint exercise of powers agreement to cover the
performance and funding of a special golf course study. The study,which is being conducted by a
professional agricultural, environmental, science, and engineering consulting firm(Blankinship&
Associates, Inc.),is designed to evaluate the use of organic-based fertilizers as a best management
practice(BMP)to reduce the nutrient load entering surface waters from golf courses in Contra Costa
County.
The agreement is scheduled to expire on December 31,2003,but the study has not been completed.
To properly complete Phases 2 and 3 of the study,it is necessary to extend the agreement term from
December 31,2003 to December 31,2006. The above amendment would set anew expiration date
of December 31, 2006.
PV. Consequences of Negative Action:
The agreement would expire December 31, 2003 without the special study being completed.
FIRST AMENDMENT TO JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
AND CITY OF PITTSBURG
1. EFFECTIVE DATE AND PARTIES
Effective November 1177 , 2003, the Contra Costa County Flood Control and Water Conservation
District, a California special district ("DISTRICT"), and the City of Pittsburg, a municipal
corporation ("CITY"), mutually agree as follows:
2. PURPOSE
Effective June 18, 2001, the parties entered into a written contract entitled "JOINT POWERS
AGREEMENT BETWEEN CONTRA COSTA FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND CITY OF PITTSBURG" (referred to as the "Agreement"),
which covered the performance and funding of a gaff course special study. The Agreement
previously has not been amended. Pursuant to Section 9 of the Agreement, the parties wish to
amend the Agreement to extend the term for an additional three-year period.
3. AMENDMENTS TO AGREEMENT
In the Agreement, Section 10, change the expiration date from December 31, 2003 to December
31, 2006.
4. REMAINING PROVISIONS
Subject to the changes made by this Amendment, all provisions of the Agreement shall remain in
full force and effect.
5. SIGNATURES
These signatures attest the parties' agreement hereto:
CONTRA COSTA COUNTY FLOOD CITY OF PITTSBURG
CONTROL AND WATER C ERVATION
DISTRICT
By,
By: AAAAVtA
Its: City Manager
Its: Chief Engine r
FORM APPROVED:
FORM APPROVED: Linda Uaube Ci Attorney
Silvano B. Marchesi, County Counsel
By:
By: s`. 77
David F. Schmidt, Deputy County ounsel
1
FIRST AMENDMENT TO JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD
CONTROL,AND WATER CONSERVATION DISTRICT
AND CITY OF PITTSBURG
1. EFFECTIVE DATE AND PARTIES
Effective November 17 , 2003, the Contra Costa County Flood Control and Water Conservation
District, a California special district ("DISTRICT"), and the City of Pittsburg, a municipal
corporation ("CITY"), mutually agree as follows:
2. PURPOSE
Effective June 18, 2001, the parties entered into a written contract entitled "JOINT POWERS
AGREEMENT BETWEEN CONTRA COSTA FLOOD CONTROL AND WATER
CONSERVATION DISTRICT AND CITY OF PITTSBURG" (referred to as the "Agreement'),
which covered the performance and funding of a golf course special study. The Agreement
previously has not been amended. Pursuant to Section 9 of the Agreement, the parties wish to
amend the Agreement to extend the term for an additional three-year period.
3. AMENDMENTS TO AGREEMENT
In the Agreement, Section 10, change the expiration date from December 31, 2003 to December
31, 2006.
4. REMAINING PROVISIONS
Subject to the changes made by this Amendment, all provisions of the Agreement shall remain in
full force and effect.
5. SIGNATURES
These signatures attest the parties' agreement hereto:
CONTRA COSTA COUNTY FLOOD CITY OF PITTSBURG
CONTROL AND WATERCON RVATION
DISTRICT C)p
y B 0.
By.C/t_"
Its: City Manager
Its: Chief Engineer
FORM APPROVED:
FORM APPROVED: Linda Taube City Attorney
Silvano B. Marchesi, County Counsel
f By:
By. �4 illea/�_, Lw,,J.�Jyl ff*
David F. chmi t, Deputy County ounsel
1