COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

June 19, 2009

BOARD MEETING DATE:

July 7, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Executive Summary - Execution of Amendment One to the Agreement between the San Francisquito Creek Joint Powers Authority and its Member Agencies Specifying Roles and Responsibilities Regarding the Army Corps of Engineers’ San Francisquito Creek Feasibility Cost Share Agreement

RECOMMENDATION:

Acting as the Governing Board of the San Mateo County Flood Control District, adopt a resolution authorizing the County Manager to execute Amendment One to the Agreement between the San Francisquito Creek Joint Powers Authority and its member agencies, which specified the roles and responsibilities of the Joint Powers Authority and its member agencies in conjunction with the Army Corps of Engineers’ San Francisquito Creek Feasibility and Cost Share Agreement.

VISION ALIGNMENT:

Commitment: Responsive, effective and collaborative government.

Goal 22: County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County.

Your Board authorizing execution of the Amendment will enhance the collaborative approach in evaluating solutions to both creek and tidal flooding in the San Francisquito Creek watershed by streamlining the approval process for in-kind services and advanced funding from the member agencies.

BACKGROUND:

The San Francisquito Creek Joint Powers Authority (SFCJPA) was formed by and among the cities of Palo Alto, East Palo Alto and Menlo Park, together with the San Mateo County Flood Control District (SMCFCD), and the Santa Clara Valley Water District (SCVWD) to address the flooding within the three (3) cities with the most recent flooding occurring in 1998.

In 2005, the SFCJPA and the Army Corps of Engineers (the “Corps”) entered into an agreement to share the costs of a feasibility study in conjunction with the development of a flood control project for San Fancisquito Creek (the “FCSA”). At the same time, the SMCFCD and the SCVWD entered into a Three Party Funding Agreement with the SFCJPA that provides for the SMCFCD and SCVWD to each provide $1,500,000 ($3,000,000 total) to help fund the Corps’ Feasibility Study.

The SFCJPA and each of its member agencies then entered into an agreement (the “R & R Agreement”), which specified the roles and responsibilities of the SFCJPA and its member agencies in connection with the FCSA

DISCUSSION:

Progress on the Feasibility Study has been adversely affected due to inconsistent appropriations from the federal government. Given these funding inconsistencies and a desire to reduce the Feasibility Study’s overall costs and timeline, the Amendment to the R&R Agreement being considered will allow for additional funding/advance funding/in-kind contributions for the Feasibility Study, the grouping of proposed tasks, and has no specific dollar limit.

A resolution and the proposed Amendment to the R & R Agreement have been approved as to form by County Counsel.

FISCAL IMPACT:

There is no impact to the General Fund. As previously approved by your Board, the SMCFCD is funding half of the local match ($1,500,000) for the Study and this action does not require a commitment of additional funding from the SMCFCD.