Resolution No. _____________

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

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Resolution Authorizing Execution of an Agreement Between the San Francisquito Creek Joint Powers Authority and its Member Agencies Specifying Roles and Responsibilities in Conjunction with the Army Corps of Engineers’ San Francisquito Creek Feasibility Cost Share Agreement

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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 Army Corps of Engineers (Corps), working with the SFCJPA, completed a Reconnaissance Study for San Francisquito Creek which indicated a federal interest in developing a flood control project for San Francisquito Creek thereby allowing the Corps to progress to the Feasibility Study (Study) phase provided a Feasibility Cost Sharing Agreement (FCSA) with a local sponsor was executed; and

WHEREAS, the Corps suggested that the study of tidal flooding be incorporated into the Creek Study; and

WHEREAS, the SFCJPA members from the Cities of East Palo Alto, Menlo Park, and Palo Alto recommended to their Councils that the study of tidal flooding be included in the Study and the member from the Santa Clara Valley Water District concurred in said recommendations; and

WHEREAS, the SFCJPA has been authorized to be the “Local Sponsor” for the Study; and

WHEREAS, the SFCJPA as a Local Sponsor entered into a FCSA with the Corps for the Study including studying the adjacent tidal areas; 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’ Study as defined in the FCSA; and

WHEREAS, the District and the SCVWD, on behalf of themselves and the other members of the SFCJPA within their respective jurisdictions, entered into a Three Party Funding Agreement with the SFCJPA to provide up to $1.5 Million each to fund the local share of Study costs; and

WHEREAS, said Three Party Funding Agreement was entered into prior to execution of the FCSA; and

WHEREAS, the District’s funding contribution of a not-to-exceed amount of $1,500,000 will be financed from the San Francisquito Creek Flood Control Zone, and does not include additional money needed to fund a portion of the tidal Study, which was estimated by the Corps to be $64,650 for the areas on the San Mateo County side of the San Francisquito Creek; and

WHEREAS, the Cities of East Palo Alto and Menlo Park have approved the additional funding necessary to complete the tidal Study within their respective jurisdiction; and

WHEREAS, there has been presented to this Board an Agreement that defines the roles and responsibilities of the JPA and its member agencies as they relate to: funding sources to finance the additional cost of the Study with the inclusion of the tidal areas, mutual objectives, cooperation during implementation of the FCSA, management of the FCSA and the Study, approval of work products, local outreach, and additional funding/advance funding/in-kind contributions by the member agencies; and

WHEREAS, the execution of the Agreement will assist the JPA and its member agencies implement the Study; and

WHEREAS, the Director of Public Works has recommended that this Board execute said agreement on behalf of the District and this Board concurs in the recommendation of the Director of Public Works.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that:

The President of the Board of Supervisors is hereby authorized and directed to execute said Agreement between the San Francisquito Creek Joint Powers Authority and its Member Agencies on behalf of the San Mateo County Flood Control District, and the Clerk of the Board of Supervisors be, and is hereby, authorized to attest to the President’s signature thereto.

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