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  Consent-General Government   # 11.       
Board of Supervisors County Counsel  
Meeting Date: 06/04/2013  
Brief Title:    Stormwater Drainage Agreement
From: Robyn Truitt Drivon, County Counsel
Staff Contact: Philip J. Pogledich, Senior Deputy County Counsel, x8275

Subject
Approve agreement addressing stormwater drainage services provided by the City of Woodland. (General fund impact approximately $30,000) (Drivon)
Recommended Action
Authorize the Chair of the Board to sign an agreement (attached) relating to stormwater drainage services provided by the City of Woodland.
Strategic Plan Goal(s)
Collaborate to maximize success
Preserve and support agriculture
Provide fiscally sound, dynamic and responsive services
Reason for Recommended Action/Background
In 1970, the County and the City of Woodland entered into an agreement (Yolo County Agreement No. 70-274) (the “1970 Agreement”) to cover the cost of building, operating, and maintaining a storm drainage pumping facility serving areas within and east of the City. Under the 1970 Agreement, the County agreed to pay a share of these facility costs. Initially, the County’s share was 30% of such costs (with a total of 9,111 unincorporated acres served). Due to annexations, the County’s share has declined over time to 6% of facility costs.

The County has not made any payments under the 1970 Agreement for many years (if ever). Recently, the City and County have discussed resolving any claims for past due amounts and ensuring that payments are made regularly going forward. As part of these discussions, the City agreed to waive any right to recover past due amounts in recognition of the County’s substantial unreimbursed costs (over $840,000) for reconstruction of the levee at Huff’s Corner, which protects portions of the City. In turn, the County agreed to pay amounts owed pursuant to the 1970 Agreement for the 2012-2013 fiscal year and in each future fiscal year.

The attached agreement memorializes this outcome. The 1970 Agreement is included as Exhibit A thereto. Staff recommend approval of the agreement on the basis that it reflects a fair and reasonable allocation of costs between the County and City for storm drainage, flood protection, and related matters of mutual concern.
Other Agency Involvement
The attached agreement was developed through discussions with the City Manager and related staff.  The Planning and Public Works Department, County Administrator, and the Office of the County Counsel all participated in this effort.

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   30,000
Amount budgeted for expenditure:    $   0
Additional expenditure authority needed:    $   30,000
On-going commitment (annual cost):    $   30,000
Source of Funds for this Expenditure
$30,000
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
No fiscal impact is expected in FY 2012-13. If the Woodland City Council accepts the agreement, the $30,000 County cost of the agreement will be added to the 2013-14 budget.
Attachments
Att. A. Agreement on Stormwater Drainage

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 05/24/2013 01:34 PM
Financial Services hnewens 05/29/2013 01:55 PM
County Counsel (Originator) Hope Welton 05/29/2013 01:59 PM
Form Started By: Phil Pogledich Started On: 05/21/2013 04:05 PM
Final Approval Date: 05/29/2013

    

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