COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

October 23, 2009

BOARD MEETING DATE:

November 3, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

4/5ths

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Agreement for Funding of the Planning, Design, and Environmental Analysis of an Initial Flood Control Capital Project on San Francisquito Creek (between East Bayshore Road and San Francisco Bay) and Adoption of an Appropriation Transfer Request to Support the Agreement

RECOMMENDATION:

Acting as the Governing Board of the San Mateo County Flood Control District, adopt resolutions:

1.

Authorizing the President of the Board to execute an Agreement for Funding of the Planning and Design of the Initial Capital Project on San Francisquito Creek between East Bayshore Road and San Francisco Bay with the San Francisquito Creek Joint Powers Authority, the Santa Clara Valley Water District, and the San Mateo County Flood Control District.

2.

Adopting an Appropriation Transfer Request to provide an appropriation in the San Francisquito Creek Flood Control Zone 2 in the amount of $400,000 to fund the Agreement.

BACKGROUND:

The San Francisquito Creek Joint Powers Authority (SFCJPA) was formed between 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 (Creek). 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 and has a history of flooding within the three (3) cities with the most recent flooding occurring in 1998.

In November 2005, the SFCJPA and Army Corps of Engineers (Corps) executed the Feasibility Cost Share Agreement, which enabled the Corps to start work on a Feasibility Study for flood control projects related to the Creek. The SFCJPA, SMCFCD, and SCVWD executed a funding agreement in which the SMCFCD and SCVWD would each provide $1,500,000 ($3,000,000 total) to fund the Feasibility Study.

DISCUSSION:

Due to inconsistent federal funding and the desire to move forward with projects that would result in flood damage reduction and ecosystem restoration, the SFCJPA Board authorized the SFCJPA staff to evaluate upstream retention projects and downstream improvement projects that could also receive credit towards the local share of project(s) identified through the Feasibility Study through Section 104 of the Water Resources Development Act of 1986.

Based on an evaluation of upstream and downstream improvement options presented to the SFCJPA Board and all member agencies’ Boards or Councils, the SFCJPA Board has directed SFCJPA staff to retain consultants through a Request for Proposal process to perform planning and design services and environmental analysis for the section of Creek between East Bayshore Road and the San Francisco Bay. The Agreement has been developed to fund the work of the consultants and SFCJPA staff time associated with the consultants’ work based on contributions of $400,000 from the SMCFCD and $1,000,000 from the SCVWD. This funding request was not anticipated during the budget preparation process and was not included in the County’s San Francisquito Creek Zone 2 budget. An Appropriation Transfer Request must be approved to allocate the required funding for this Agreement. The financial requirements specified in the Agreement will not pay for costs associated with a construction project. The financing for construction will need to be determined at a later time as annual revenues from the San Francisquito Creek Flood Control Zone 2 are not sufficient to support a construction project.

The Agreement specifies the project requirements, that SFCJPA staff will manage the consultant contracts, and the SCVWD will provide technical direction to the consultant(s) based on a “Letter of Understanding” between the SFCJPA and SCVWD. The SFCJPA Board is expected to execute the Agreement at their meeting on October 22, 2009.

County Counsel has reviewed and approved the Resolution and Agreement as to form.

Your Board authorizing the execution of the Agreement and approval of the Appropriation Transfer Request contributes to the Shared Vision 2025 outcome of a Collaborative Community by providing the framework and a portion of the financing to continue the collaborative work of the SFCJPA member agencies in evaluating and developing solutions to Creek flooding within a specific reach of the Creek.

FISCAL IMPACT:

There is no impact to the General Fund. The SMCFCD’s funding contribution to the Agreement will be from San Francsiquito Creek Flood Control Zone 2, which receives property tax apportionments totaling approximately $175,000 per year. Authorization of the Appropriation Transfer Request will transfer an appropriation of $400,000 from the San Francisquito Creek Flood Control Zone 2 Appropriation for Contingency category to the Project Contribution category. Payments by the SMCFCD and the SCVWD will be made in proportion to the contributions from each agency.