Flomar Flood Control Project

The Government Affairs group helped secure three phases of federal funding for an important flood control project in Southern California.
Flomar Flood Control Project is a cooperative project between the City of Whittier and the County of Los Angeles. Initially, the County estimated the project cost to be approximately $800,000. The City and County entered into a cooperative agreement in which the County agreed to finance $500,000 towards the project. This agreement stated that the project must be completed within 48 months from the execution date, or the City would be liable to return the money contributed to the project by the County.

With Ball Janik LLP’s assistance, the FY 2002 Energy & Water Appropriations bill (Section 205) included $375,000 for the project. An additional $95,000 was appropriated in FY 2006. The City and Corps of Engineers (Corps) entered into a cost-share agreement for the preliminary phase of the project, with the Corps being the lead agency.

Despite the funding that was included in FY 2002, the Corps indicated that funds were no longer available because they had been re-programmed for other purposes. Again, with Ball Janik’s assistance in FY 2003, the Energy & Water Appropriations bill included language directing the Corps to use the previously appropriated funds for the Flomar project.

Because of the Corps’ delays and other technical difficulties, the cost of this small project skyrocketed from $800,000 to almost $3,000,000. Further, the project was becoming seriously off schedule. With the clock ticking on the cooperative agreement between the County and the City, we were able to work with the Congressional Delegation and the Los Angeles District Office of the Army Corps of Engineers to find the additional funds and complete the project with the required time frame.

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