HomeMy WebLinkAboutMINUTES - 04082008 - C.25 i
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TO: BOARD OF SUPERVISORS, AS GOVERNING :,. Contra
BOARD OF THE FLOOD CONTROL & WATER
CONSERVATION DISTRICT
Costa
o,r .-
FROM: JULIA R. BUEREN, CHIEF ENGINEER %=�P County
I 4�r1 EOUN'��
DATE: April 8, 2008
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SUBJECT: Reimburse Reclamation District 900 for costs associated with desilting Kellogg Creek, Discovery Bay
area. (22% Flood Control Zone 2,!56% Drainage Area 109, and 22% Stormwater Utility Area 17 Funds)
(.District 111) �
SPECIFIC:REQUI-ST(S)OR RECOMMENDATION(S)l RACKGROUND AND JUS-1IFICATION
RECOMMENDED ACTION:
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APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,or designee,to
reimburse Reclamation District 800 in the ani oLlnt of$154,014 for the removal of silt material from Kellogg Creek,
Discovery Bay arca. I
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FISCAL IMPACT:
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The reimbursement amount of S 154,014 will be paid from the following funds: Flood Control Zone 2(FCZ 2)in the
amount of S34,000(22%), Drainage Area 109(DA 109)in the amount of 586,000(56`%)),and the Stormwater Utility
Area 17 (SUA 17) in the amount of$34,014 (22%).
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CONTINUED ON ATTACHMENT: ❑E I SIGNATURE:
RH:(:O MMENDATION OF COUNTY ADMINISTRATOR RE ' N-9EV 6ATIOV OF ARU COi1'
APPROVE OTHER
SIGNATURE ti : I
ACTION OF 1.OAR C ��'/O� /O I APPROVED AS RECOMMENDED OTHER
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VOTE OF SUPERVISORS: I I I IEREI3Y CERTIFY TI IATTHIS IS,A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND I-N-LERED ON
UNANIMOUS(ABSENT I ) MINUTES OF TFlli BOARD OF SUPERVISORS ON THI.
AYES: C)ES: 1 DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Greg C:unn:nlghton(()25)313 2271
G',.I�IdCal'.Ruurd Orders 2(1()5 Om+ard`?008 L30\Reimburse RDS00 lur KelluL!�Creek A'I�I'ES I I_D �$/D
DcSiltmL Costs R(.)4-0$-08.doc JOHN Cl II...EN,CLEAK OF TI fl'.ROr\RD OF
SUPE'RVISORS
cc: Couuty Admmmr;,tui
Cnunn'Counsel
Cbuniv'frc;uurcr—'hay Collcnor �
l i,uuty Audito0Cuntrollcr
Pnbhc works BY: ,DEPU I'Y
Mitch Avalon.Deputy Chief Engineer
Greg Connaughion,Floud Control
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SUBJECT: Reimburse Reclamation District 800 for costs associated with desilting Kellogg Creek, Discovery
Bay area. (22%Flood Control Zone 2, 56%,Drainage Area 109,and 22%Stonnnwater Utility Area 17
Funds) (District 111)
DATE: April 8, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Contra Costa County Flood Control and Water Conservation District(FC District)entered into a Joint Exercise of
Powers Agreement(.1 EPA)with Reclamation Disirict No. 800(RDS00)on March 25,2003, for dredging a portion of
Kellogg Creek at a cost of$200,000. The FC District anticipated benefiting from economy of scale by having the
dredging work performed as part of RDS00's larger project for maintenance dredging of.Discovery Bay. Funding for
the expenditure of the $200,000 was provided by Flood Control Zone 2 (FCZ 2) in the amount of$50,000 and by
Stormwater Utility Area 17 (SUA 17) in tine amount of$150,000. Upon completion of the work, the actual contract
costs for those items of work to be reimbursed by the FC District exceeded the initial estimate by $129,028.55.
Funding to pay the additional cost was not available. In accordance with the agreement, the FC District met and
conferred with RD800 and proposed repayment of the additional cost incrementally over a period of three years with
both cash and FC District services in lieu of a cash payment. However, protracted negotiations, over several years,
failed to produce a satisfactory repayment agreerinent. RDS00 submitted an invoice on September 10, 2007, in the
amoirrnt.of$129,02S.55. Recently, in a letter dated November 29, 2007,R.D800 proposed a repayment plan whereby
the FC District would pay $47,309 by December 31, 2007, and the balance of the amount owed by June 30, 2008.
RDS00 offered to forgo interest on the amount owed with prompt repayment.
The FC District is still faced with inadequate cash balances in the FCZ 2 and SUA 17 funding entities to pay the
outstanding balance due RDS00. However, recent development activity has generated revenue in DA 109—an area
served by the reach of Kellogg Creek desilted bI RD800. It is recommended that the outstanding balance due to
RDS00, including the principal amount of S 129,028.55 and accrued interest in the amount of 524,014.25 be paid with
funding fi-ornn.FCZ 2(22%),SUA 17(22%),and DA 109(561/o).The proposed interest payment reflects the interest that
would have accrued had the principal amount been deposited in a County trust fund.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to pay RD800 for the desilting work will be a breach of the JEPA agreement.