BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Approve the Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, Agreement No. A2247b, Project No. 26284002, (Palo Alto, District 7).
End
RECOMMENDATION:
Recommendation
Approve the Second Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, Agreement No. A2247b, Project No. 26284002.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) is one of five (5) public entity member agencies (Member Entities) that created the San Francisquito Creek Joint Powers Authority (SFCJPA) in 1999. All parties executed the Joint Powers Agreement Creating the San Francisquito Creek Joint Powers Authority (Agreement), effective May 18, 1999, which provided a way to collectively contribute resources and implement policies and projects of mutual interest relating to the primary natural features that unite them, including the San Francisquito Creek.
One of the Member Entities was officially reconstituted as of January 1, 2020; San Mateo County Flood Control District became the San Mateo County Flood and Sea Level Rise Resiliency District (OneShoreline). This name change and the agency’s expanded mission precipitated updating the original Agreement. The Amended and Restated Joint Powers Agreement was approved by Valley Water’s Board of Directors (Board) on April 28, 2020.
BACKGROUND
The Member Entities now desire to amend the Agreement a second time. Staff presented information regarding the draft Second Amended and Restated Joint Powers Authority Agreement (Amendment) to the Board on February 28, 2023, which included a summary of proposed revisions involving policy considerations, and recommended the Board provide input to staff. This item was discussed, and the Board supported staff’s recommendations regarding the proposed substantive revisions, which are detailed below.
The SFCJPA’s Board of Directors approved the Amendment on March 23, 2023, and recommended having each Member Entity separately approve, consistent with the process followed for approving the first Amended and Restated Agreement. Staff recommends that the Board approve the Amendment, which is provided as Attachment 1.
Significant Substantive Revisions
Significant substantive revisions in the recommended Amendment include:
1. Adding the Strategy to Advance Flood Protection, Ecosystems, and Recreation along the San Francisco Bay (SAFER Bay) Project, to the SFCJPA purposes;
2. Expanding the SFCJPA capital project participation role to allow the entity to approve a contract for a capital project or any discrete phase of a capital project pursuant to certain conditions: 1) the SFCJPA Board determines the agency has the funds necessary to pay for such contract, and 2) funding or other contribution from a Member Entity toward such contract must be approved by the Entity’s governing body;
3 Adding powers for SFCJPA to acquire, hold, and dispose of real property;
4. Clarifying that the SFCJPA would be able to exercise its power of eminent domain in the jurisdiction of a Member Entity only if the Member Entity adopts a resolution consenting to the Authority’s exercise of eminent domain within its jurisdiction;
5. Allowing for unlimited terms of office for Officers (Chair and Vice-Chair);
6. Adding the limitation that no two Directors and no two Alternate Directors can be from the same governing body of any Member Entity; and
7. Implementing administrative updates to the language in the original 1999 Agreement and the Amendment, consistent with current language used in such inter-agency agreements.
Relevant Prior Board Action(s)
The original Joint Powers Agreement Creating the San Francisquito Creek Joint Powers Authority was effective on May 18, 1999.
On April 28, 2020, the Board approved the Amended and Restated Joint Powers Agreement.
On February 28, 2023, the Board received information from staff regarding significant substantive provisions included in the draft Second Amended and Restated Joint Powers Authority Agreement (Amendment) being considered by all Member Entities, and provided direction to staff.
ENVIRONMENTAL JUSTICE IMPACT:
There is no Environmental Justice impact associated with this item. Environmental Justice benefits and impacts of project implementation(s) will be reported on in future project implementation board actions and updates.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Agreement
UNCLASSIFIED MANAGER:
Manager
Karl Neuman, 408-630-3059