COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Board of Supervisors

DATE:

April 5, 2002

BOARD MEETING DATE:

April 30, 2002

TO:

Honorable Board of Supervisors

FROM:

Supervisor Rose Jacobs-Gibson

SUBJECT:

Initial Study and Mitigated Negative Declaration - San Francisquito Creek Levee Restoration and Floodwall Reconstruction Project - East Palo Alto Area

Recommendations

I.

Acting as the Governing Board of the San Mateo County Flood Control District, hold a public hearing on the Initial Study and Mitigated Negative Declaration for the San Francisquito Creek Levee Restoration and Floodwall Reconstruction Project.

II.

Close the hearing and:

Consider the proposed Mitigated Negative Declaration together with any comments received during the public review process, and the adopt resolutions adopting:

a.

Facts and Findings for the Initial Study and Mitigated Negative Declaration for the San Francisquito Creek Levee Restoration and Floodwall Reconstruction Project, and approving the Mitigation Monitoring and Reporting Plan for the Project.

b.

The Initial Study and Mitigated Negative Declaration for the San Francisquito Creek Levee Restoration and Floodwall Reconstruction Project finding that:

1.

The Mitigated Negative Declaration is complete, correct and adequate, and prepared in accordance with the California Environmental Quality Act and applicable State and County guidelines; and

2.

The Mitigated Negative Declaration reflects the independent judgment of this Board, and

3.

There is no substantial evidence that the project will have a significant effect on the environment based on the whole record, including the initial study, the Mitigation Monitoring and Reporting Plan, comments received, and testimony presented and considered.

Previous Board Action

1.

Authorized in 1958, when the area within the City of East Palo Alto was unincorporated, the construction of levees on San Francisquito Creek from Highway 101 (US 101) to San Francisco Bay as a joint project with the Santa Clara Valley Water District.

2.

Acting as the governing Board of the San Mateo County Flood Control District, adopted a resolution in April 1999 approving and authorizing a joint powers agreement between the San Mateo County Flood Control District, the Santa Clara Valley Water District, and the Cities of Palo Alto, Menlo Park and East Palo Alto for the purpose of managing the joint contribution of services and providing policy direction on issues of mutual concern relating to San Francisquito Creek. The joint powers agreement created the San Francisquito Creek Joint Powers Authority (SFCJPA).

3.

Authorized the Flood Control District to contribute $250,000 for the reconstruction of the levees below US 101.

Key Facts

1.

The SFCJPA was created in April 1999 in response to the major flooding that occurred on San Francisquito Creek in February 1998.

2.

The SFCJPA proposes to restore levees downstream of US 101 to the 1958 design elevations in order to improve flood protection for properties along the levee.

3.

Restoration of the levees downstream of Highway 101 raises the water surface elevation for approximately 1,000 feet upstream which reduces the existing freeboard in this area. Freeboard is the difference between the elevation of the top of the wall and the water surface elevation during storm flows.

4.

The SFCJPA requested that the San Mateo County Flood Control District act as the Lead Agency under the California Environmental Quality Act (CEQA) for the project.

Discussion

The project objective is to increase flow capacity within San Francisquito Creek by restoring the levees downstream of US 101 to their as-built 1958 elevation, and rebuilding an 1,100 foot section of floodwall in Palo Alto, closing a weir and constructing new flood walls on the East Palo Alto side of the Creek above US 101. The City of Palo Alto's bike path on top of the levee will also be removed and rebuilt in the process. Restoring the levees to the 1958 elevation will improve flood protection for the areas adjacent to the levees, but will not provide protection for the 100-year flood. The SFCJPA is working with the U.S. Army Corps of Engineers to develop a long-term plan that will address the 100-year flood.

The San Mateo County Flood Control District retained Thomas Reid Associates (TRA) to assist with the environmental process required under California Environmental Quality Act. TRA prepared an Initial Study to determine the potential environmental impacts of the project. The findings in the Initial Study were:

1.

The proposed project will reduce the potential of flooding adjacent to San Francisquito Creek downstream of US 101.

2.

The restoration of the levees will increase the flood stage water surface elevation upstream of US 101 reducing freeboard protection. The project will mitigate for this loss of freeboard by replacing a portion of the floodwall on the Palo Alto side of the creek. New floodwalls will be constructed on the East Palo Alto side upstream and downstream of the Woodland Creek Apartments located above US 101.

3.

The project will not have adverse impacts on endangered species or species of special concern or status.

4.

San Francisquito Creek is critical habitat for the federally threatened Central California Coast Steelhead Evolutionary Significant Unit (ESU). The construction of the project within the stream channel should not start until after June 15 and should end by October 15 to avoid the steelhead migration season.

5.

Potential habitat (pickleweed) for the salt marsh harvest mouse, an endangered species, has been identified in the vicinity of the portion of the project closest to San Francisco Bay. A survey of the area did not find any mice. However, the project has been designed to avoid any impacts to salt marsh harvest mouse habitat.

6.

The project work area does not include any pickleweed habitat. The adjacent areas which have pickleweed habitat near the project area will be fenced with orange plastic fencing to ensure construction vehicles or personnel do not "wander" into the pickleweed and disturb the habitat.

7.

Marsh gum plant, a special status plant, was found growing in the pickleweed habitat on the inside of the levees. Protection of the pickleweed habitat with orange plastic fencing will also protect the marsh gum plant.

8.

The design features of the project, which are in addition to the mitigation measures listed above, and which include mitigation measures and Best Management Practices (BMPs) incorporated into the project description, either avoid, minimize, or reduce environmental effects to a point of less-than-significance.

9.

A Mitigated Negative Declaration should be filed as the appropriate CEQA document of the Project.

We filed a Notice of Intent to adopt a Mitigated Negative Declaration on the project on March 21, 2002,and copies were hand delivered to the State Environmental Clearinghouse in Sacramento. The thirty-day public review period required by CEQA began with the filing of the Notice of Intent on March 21, 2002, and the final date for the public to submit written comments was April 21, 2002.

We will provide copies of any written comments that we receive, and your Board may also hear additional testimony during the public hearing.

The Cities of East Palo Alto and Palo Alto have each held public meetings to explain the project to their residents, and on March 26, 2002, the SFCJPA held a public meeting on the project at the International School in Palo Alto, where the project scope and environmental process was discussed.

Visioning Statement

We believe that our recommendation is consistent with the Shared Commitment to work together across boundaries to preserve and enhance our quality of life, and the Commitment to ensure basic health and safety for all as the levee project is a collaborative effort on the part of five public agencies which, if constructed, will provide increased flood protection for County and City residents.

Fiscal Impact

The estimated total cost of the project is $2,800,000. The Flood Control District's share is $250,000 which is proposed to be paid for from the San Francisquito Creek Flood Control Zone of the District. The balance is proposed to be funded by other SFCJPA member agencies. There is no impact to the General Fund.

Forms of resolution have been approved by County Counsel.