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:

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:

Previous Board Action

Authorized execution of the Agreement between the San Francisquito Creek Joint Powers Authority (SFCJPA) and its member agencies (the “R & R Agreement”), which specified the roles and responsibilities of the SFCJPA and its member agencies in conjunction with the Army Corps of Engineers’ San Francisquito Creek Feasibility and Cost Share Agreement (FCSA).

History

The 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 issues regarding San Francisquito Creek (the “Creek”) as the Creek forms the boundary between San Mateo and Santa Clara Counties, as well as a portion of the city limits of Palo Alto, East Palo Alto and Menlo Park. The Creek has a history of flooding within the three (3) cities with the most recent flooding occurring in 1998.

The SFCJPA was authorized on May 23, 2002, to represent its member agencies as the “Local Sponsor” for an Army Corps of Engineers (the “Corps”) financed initial investigation (the “Reconnaissance Study”) to determine if there was a federal interest in moving forward with a feasibility study (the “Feasibility Study”). The Corps completed the Reconnaissance Study and concluded that there is a federal interest in developing a flood control project for the Creek. The SFCJPA and Corps executed the FCSA on November 17, 2005, which enabled the Corps to start work on the Feasibility Study, and the SFCJPA, SMCFCD, and SCVWD executed a funding agreement (the “Three Party Funding Agreement”) which provides for the SMCFCD and SCVWD to each provide $1,500,000 ($3,000,000 total) to fund the Feasibility Study.

DISCUSSION:

The R & R Agreement defines the roles and responsibilities of the SFCJPA and its member agencies as they relate to funding sources to finance the additional cost of the Feasibility Study with the inclusion of the tidal areas, mutual objectives, cooperation during implementation of the FCSA, management of the FCSA and the Feasibility Study, approval of work products, local outreach, and additional funding/advance funding/in-kind contributions by the member agencies. The R & R Agreement specifies that Addendums can be executed by the member agency’s chief executive officer and may be used for additional funding/advanced funding/in-kind contributions for tasks that are of a technical or planning nature and have a cost estimate less than or equal to $100,000.

The anticipated 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 SFCJPA has been using local money and member agency in-house expertise on a task-by-task basis and at a maximum amount of $100,000 through addendums to supplement federal appropriations whenever possible. The Amendment allows for additional funding/advance funding/in-kind contributions for the Feasibility Study, the grouping of proposed tasks, and has no specific dollar limit. Member agencies not proposing to advance funding or provide in-kind services will not be obligated to provide matching funding and each proposal will still require the approval of the SFCJPA Board and chief executive of each member agency.

The SFCJPA staff believes that significant savings will be realized both in terms of cost and time if member agencies perform specific Feasibility Study tasks.

A resolution and the proposed Amendment to the R & R Agreement have been approved as to form by County Counsel. The SFCJPA Board approved the Amendment to the R& R Agreement at its meeting on May 28, 2009 and other member agencies are concurrently considering approval of the Amendment to the

R & R Agreement.

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.