BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Approve Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority, Project No. 26284002, (Palo Alto) (District 7).
End
RECOMMENDATION:
Recommendation
Approve the Amended and Restated Joint Powers Agreement for the San Francisquito Creek Joint Powers Authority.
Body
SUMMARY:
Effective May 18, 1999, an agreement was made by and among the City of Menlo Park, the City of Palo Alto, the City of East Palo Alto, the Santa Clara Valley Water District (Valley Water), and the San Mateo Flood Control District ("Member Entities"), all of which are public entities organized and operating under the laws of the State of California and each of which is a public agency as defined in California Government Code section 6500, to create the San Francisquito Creek Joint Power Authority (SFCJPA).
One of the SFCJPA's five member agencies was officially reconstituted as of January 1, 2020. With the enactment of State Assembly Bill 825 in mid-September 2019, effective January 1, 2020, the 60-year old San Mateo County Flood Control District became the San Mateo County Flood and Sea Level Rise Resiliency District (District). The new District assumed the revenues and responsibilities of its predecessor, including within the watershed of San Francisquito Creek. It has an expanded mission and Board of Directors. This name change precipitated an update to the original SFCJPA Agreement (Agreement) and the District will be executing the Amended and Restated Joint Powers Agreement in its new name.
Bifurcated Approach to Agreement Revisions
The original Agreement creating SFCJPA has not been updated or revised since it was approved almost 21 years ago. Since then, there have been updates to laws, guidelines, and standards that should be corrected as stated in the Agreement. In addition to implementing the name change discussed above, the SFCJPA general counsel recommended other updates to the Agreement. Ma...
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