Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution Authorizing the San Mateo County Flood Control District’s Representative to the San Francisquito Creek Joint Powers Authority to Approve the Feasibility Cost Share Agreement with the Corps of Engineers

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, acting as the governing body of the San Mateo County Flood Control District (District), that

WHEREAS, the District is a member of the San Francisquito Creek Joint Powers Authority (SFCJPA); and

WHEREAS, San Francisquito Creek (Creek) has a history of flooding the communities in and around East Palo Alto, Menlo Park and Palo Alto; and

WHEREAS, the District representative agreed, at the SFCJPA meeting on June 23, 2001, to contribute funds in the amount of $1,500,000 with an equal contribution from the Santa Clara Valley Flood Control District, to finance the feasibility of a comprehensive project to reduce flooding from San Francisquito Creek; and

WHEREAS, said District’s contribution represents a not to exceed amount from the District that is to be funded solely from the San Francisquito Creek Flood Control Zones, which zones include the area within San Mateo County that is within the San Francisquito Creek watershed; and

WHEREAS, the SFCJPA was authorized to be the “Local Sponsor” for the feasibility of a comprehensive project (Reconnaissance Study and Feasibility Study) with the Army Corps of Engineers’ (Corps) on May 23, 2002; and

WHEREAS, the Corps, working with the SFCJPA, has completed the Reconnaissance Study for San Francisquito Creek study which indicated a federal interest in developing a flood control project for San Francisquito Creek; and

WHEREAS, the finding of a federal interest allows the Corps to progress to the feasibility study phase of a project for San Francisquito Creek providing a Feasibility Cost Sharing Agreement (FCSA) with a local sponsor is executed; and

WHEREAS, the Corps has suggested that a study of tidal flooding be incorporated into the feasibility study for San Francisquito Creek; and

WHEREAS, the SFCJPA members from the cities of East Palo Alto, Menlo Park, and Palo Alto have agreed that tidal flooding should be included in the Feasibility Study as suggested by the Corps; and

WHEREAS, the SFCJPA as a Local Sponsor is proposing to enter into a FCSA with the Corps for the Feasibility Study phase of San Francisquito Creek Flood Damage Reduction and Ecosystem Restoration Project (Project) which includes the study of tidal flooding with the cities of East Palo Alto, Menlo Park and Palo Alto; and

WHEREAS, the FCSA requires the SFCJPA to contribute to the Corps, in cash or in-kind services, fifty percent (50%) of the cost of the Corps’ evaluation of the Project as defined in the FCSA; and

WHEREAS, the estimated cost of the Feasibility Study, including tidal flooding, is $7,463,100 and the local matching funds required is $3,731,550; and

WHEREAS, the local share in cash or in kind services available from the District, the Santa Clara Valley Water District, and the SFCJPA as reported to the SFCJPA at its regular meeting of October 27, 2005, is $3,666,900, which leaves $138,750 in unfunded costs of said Feasibility Study; and

WHEREAS, the representatives from the cities of East Palo Alto, Menlo Park, and Palo Alto and the Santa Clara Valley Water District present at the October 27, 2005, SFCJPA meeting, adopted Resolution No. 05-27-10 which committed the representatives from the four (4) agencies present at said meeting to secure the funding for the unfunded portion of the Feasibility Study cost; and

WHEREAS, the SFCJPA’s Board of Directors has recommended that the governing board of each member entity approve participation in the Feasibility Study and authorize its representative to the SFCJPA to approve the FCSA with the Corps of Engineers for San Francisquito Creek which includes the study of both creek and tidal flooding; and

WHEREAS, the Director of Public Works has recommended that this Board, as the governing Board of said District, authorize this Board’s representative to the San Francisquito Creek Joint Powers Authority to approve the FCSA with the Corps of Engineers, based on the commitments made in the SFCJPA’s Resolution No. 05-27-10; and

WHEREAS, this Board has considered and concurs in the recommendation the Director of Public Works.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that:

The District’s representative to the SFCJPA is hereby authorized and directed on behalf of the San Mateo County Flood Control District to approve the Feasibility Cost Share Agreement with the Corps of Engineers, based on the commitments made in the SFCJPA’s Resolution No. 05-27-10.

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