HomeMy WebLinkAbout1999-04-19 City Council (15)TO:HONORABLE CITY COUNCIL
City of Palo Alto
Manager’s Report
14
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
APRIL 19, 1999 CMR:214:99
SAN FRANCISQUITO CREEK JOINT POWERS AGREEMENT
BETWEEN THE CITY OF PALO ALTO, THE CITY OF MENLO
PARK, THE CITY OF EAST PALO ALTO, THE SANTA CLARA
VALLEY WATER DISTRICT, AND THE SAN MATEO COUNTY
FLOOD CONTROL DISTRICT FOR THE PRIMARY PURPOSE OF
MANAGING THE JOINT CONTRIBUTION OF SERVICES AND
PROVIDING POLICY DIRECTION ON ISSUES OF MUTUAL
CONCERN
REPORT IN BRIEF
This report requests Council’s approval of a Joint Powers Agreement between the Cities of
Palo Alto, Menlo Park, and East Palo Alto, the Santa Clara Valley Water District, and the
San Mateo County Flood Control District for the primary purpose of managing the joint
contribution of services and providing policy direction on issues of mutual concern relating
to San Francisquito Creek. One of the major obstacles to addressing the flooding and erosion
hazards on San Francisquito Creek has been the fragmented jurisdictional boundaries and
responsibilities related to the creek. The lack of a single agency with authority throughout
the San Francisquito Creek watershed or a formal inter-agency agreement coordinating
multiple agencies has resulted in relative inaction in solving major challenges posed by the
creek. The local agencies with an interest in San Francisquito Creek have concluded that a
Joint Powers Authority (JPA) is the most effective vehicle to enable policy makers to jointly
discuss and make decisions on future creek policies and improvements. Initially, the JPA
would focus on coordination of routine maintenance and emergency response activities for
San Francisquito Creek. Later, the focus would likely shift to planning, engineering, and
environmental studies for a regional flood and erosion control project. The JPA could also
be used as a forum to coordinate pollution prevention, water quality monitoring, and public
outreach activities related to the creek.
CMR:214:99 Page 1 of 5
RECOMMENDATION
Staff recommends that Council approve and authorize the Mayor to execute th~ attached
Joint Powers Agreement between the Cities of Palo Alto, Menlo Park, and East Palo Alto,
the Santa Clara Valley Water District, and the San Mateo County Flood Control District for
the primary purpose of managing the joint contribution.of services and providing policy
direction on issues of mutual concern relating to San Francisquito Creek.
BACKGROUND
Following the February 2-3, 1998 flood, high-level representatives from local municipalities
and agencies convened the San Francisquito Creek Coordinating Committee (Committee).
Committee representatives include the city managers or senior staff members from Palo
Alto, Menlo Park, East Palo Alto, Portola Valley, and Woodside; management staff from the
Santa Clara Valley Water District, San Mateo County Flood Control District, and Stanford
University; and Coordinated Resource Management and Planning (CRMP) representatives.
The City Manager and the Director of Public Works represent Palo Alto on the Committee.
In addition, the City Attorney has been key legal advisor for the project. The Comrrfittee has
been meeting on a regular basis to share information regarding the flood and subsequent
flood recovery, and to look for opportunities to address creek-related issues cooperatively.
The benefits of the Committee’s meetings have been evident during the past several months.
Prior to the 1998-99 winter season, staff from the Committee’s participating agencies worked
together to remove trees, branches, and other debris from San Francisquito Creek at over 70
sites between Sand Hill Road and Highway 101. This coordinated effort enabled crews to
clear the creek in time for the winter rains without the typical confusion over which agency
was responsible for a particular blockage. As a result of the cooperative approach, the work
was completed more quickly and more efficiently than in past years, despite the presence of
a larger amount of debris following the 1997-98 E1 Nifio winter.
In mid-1998, the Cities of Palo Alto and Menlo Park agreed to joint funding of the San
Francisquito Creek Creek Bank Stabilization and Revegetation Study (Study). Phase 1 of
the Study, which was completed in January 1999, consisted of project coordination,
information gathering, and field surveying. The compiled information includes creek
topography, profile, and cross-section data; an assessment of the extent, acreage, and species
composition of native and nonnative vegetation and tree canopies; a geomorphic survey
identifying existing channel characteristics, including bank slopes and vegetative cover, and
assessing bank stabilization needs; and a preliminary assessment of habitat suitability for the
endangered red-legged frog and steelhead trout. The cost of Phase 1 of the Study was split
evenly between Palo Alto and Menlo Park.
Work on Phase 2 of the Study will begin in April 1999. As further evidence of the
Committee’s effectiveness in fostering regional cooperation, the Santa Clara Valley Water
District, San Mateo County Flood Control District, and City of East Palo Alto have agreed
CMR:214:99 Page 2 of 5
to join Palo Alto and Menlo Park in funding Phase 2 of the Study. These agencies have
acknowledged that the Study will assist them in joint discussions and decision making for
future creek policies and improvements. The scope of work for Phase 2 includes preparation
of a creekside property ownership map; development of an existing conditions report for San
Francisquito Creek, summarizing the information gathered during Phase 1 of the Study; an
analysis of the regulatory requirements applicable to San Francisquito Creek; and the
preparation of a master plan which will contain an in-~entory of bank stabilization and
revegetation techniques and site-specific recommendations for implementation of the
techniques. The Study will provide a wealth of information that can be used to support a
future comprehensive flood and erosion control study for the creek.
DISCUSSION
One of the major obstacles to addressing the flooding and erosion hazards on San
Francisquito Creek has been the fragmented jurisdictional boundaries and responsibilities
related to the creek. The lack of a single agency with authority throughout the San
Francisquito Creek watershed or a formal inter-agency agreement coordinating multiple
agencies has resulted in relative inaction in solving major challenges posed by the creek. For
the past five years, the CRMP process has brought together many of the stakeholders with
an interest in San Francisquito Creek to discuss joint objectives and policies and has- greatly
improved the communication between the various parties. However, the CMRP process
lacks the major funding source, authority, and formal institutional agreements required to
tackle large-scale flooding and erosion control problems. More recently, the San
Francisquito Creek Coordinating Committee has successfully generated a cooperative spirit
between local agencies as cited in the Background section above. The Committee has
concluded that a Joint Powers Authority (JPA) is the most effective vehicle to enable policy
makers from various jurisdictions to jointly discuss and make decisions on future creek
policies and improvements.
California law authorizes two or more public agencies to enter into agreement to jointly
exercise any power common to the contracting parties. The attached San Francisquito Creek
Joint Powers Agreement (Attachment A) would form an authority that would enable those
public agencies that currently exercise certain powers in the San Franeisquito Creek
watershed to exercise some or all of those powers jointly. The main provisions of the
Agreement can be summarized as follows:
The Agreement would create a Joint Powers Authority for the purposes of
facilitating creek maintenance and minor capital improvements; planning and
recommending funding options for regional flood control measures; preserving
and enhancing environmental values and instream uses; and coordinating
emergency mitigation and response activities for the San Francisquito Creek
watershed.
CMR:214:99 Page 3 of 5
The Cities of Palo Alto, Menlo Park, and East Palo Alto, the Santa Clara
Valley Water District, and the San Mateo County Flood Control District would
be the initial Member Entities comprising the Joint Powers Authority.
The Joint Powers Authority would be governed by a Board of Directors. Each
of the Member Entities would be a voting member of the Board, represented
by one Director and one alternate Director, who each must be a member of the
governing body of the Member Entity.
There is a provision for associate members, who are representatives of
nonprofit corporations, or academic or charitable organizations located or
operating within one of the juridictiohs of the voting members, to attend
meetings and participate in discussions, although they would not be allowed
to formally debate motions or vote.
The Joint Powers Authority would have certain powers including, but not
limited to, making contracts; incurring debt or obligations on behalf of the
Authority, but not on behalf of the Member Entities without their consent;
suing and being sued; receiving, collecting, and disbursing monies; contracting
with consultants or other third parties or Member Entities to carry out the
duties of the Board of Directors; and exercising any powers necessary and
proper to carry out the purposes of the Agreement.
The Board of Directors would approve an annual budget which includes each
Member Entity’s proposed contribution and which must be approved by the
governing body of each Member Entity which has a contribution.
The Board of Directors would meet a minimum of once a year at a location in
Northern Santa Clara County or Southern San Mateo County. Any action of
the Board of Directors would require a vote of the majority of the voting
members of the Board.
Funding, staffing, and day-to-day operation of the JPA have not yet been determined.
Initially, the JPA would focus on coordination of routine maintenance and emergency
response activities for San Francisquito Creek. Later, the focus would likely shift to
planning, engineering, and environmental studies for a regional flood and erosion control
project. The JPA could also be used as a forum to coordinate pollution prevention, water
quality monitoring, and public outreach activities related to the creek.
RESOURCE IMPACT
If a San Francisquito Creek Joint Powers Authority is created, the JPA Board of Directors
would approve an annual budget that includes each Member Entity’s proposed contribution.
CMR:214:99 Page 4 of 5
Palo Alto’s contribution to the JPA would not be officially committed until Council
approved the expenditure. Staffwill return to Council on an annual basis to request approval
of the City’s contribution to the JPA.
Funding for future JPA activities (including the possibility of increased staffing) has been
included in the proposed long-term financing plan for the Storm Drainage Fund currently
under review by Council. The funding of such a plan would require a storm drainage fee
increase requiring voter approval.
POLICY IMPLICATIONS
Approval of the San Francisquito Creek Joint Powers Agreement is consistent with prior
Council direction to participate in the San Francisquito Creek Coordinating Committee and
to prov!de joint funding for the San Francisquito Creek Bank Stabilization and
Revegetatation Study.
ENVIRONMENTAL REVIEW
Council approval of the San Francisquito Creek Joint Powers Agreement is exempt from the
California Environmental Quality Act (CEQA) because it can be seen with certainty that
entering into the agreement will not result in any environmental impacts.
ATTACHMENTS
Attachment A: San Francisquito Creek Joint Powers Agreement
PREPARED BY: Joe Teresi, Senior Engineer
DEPARTMENT HEAD : /~ /. ~’-"-~
GLENN S. ROBERTS
/ Works
CITY MANAGER APPROVAL:
Kay Whitlock, Santa Clara Valley Water District
Walt Callahan, San Mateo County Flood Control District
Jan Dolan, City of Menlo Park
Monika Hudson, City of East Palo Alto
Alex McIntyre, Town of Portola Valley
Susan George, Town of Woodside
Leonie Batkin, Stanford Management Company
Pat Showalter, San Francisquito Creek CRMP Coordinator
CMR:214:99 Page 5 of 5
ATTACHMENT A
SAN FRANCISQUITO CREEK
JOINT POWERS AGREEMENT
This Agreement is made by and among the City of Menlo Park, the City of Paio
Alto,the City of East Palo Alto, the Santa Clam Valley
Water District, 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.
RECITALS
A. Government Code sections 6500-6515, permitting two or more local public
entities by agreement to jointly exercise any power common to them, authorizes the
Member Entities to enter in this San Francisquito Creek Joint Powers Agreement
("Agreement").
B.Each Member Entity desires to join together with the other Member
Entities for the primary purpose of managing the joint
contribution of services and providing policy direction
on issues of mutual concern relating to the San Francisquito Creek ("Creek"),
including bank stabilization, channel clearing and other Creek maintenance, planning of
flood control measures,’ preserving and enhancing environmental values and instream
uses, and emergency response coordination.
C.The governing board of each Member Entity has determined that it is in
the Member Entity’s best interest and in the public
interest that this Agreement be executed and that it is
participating as a member of the public entity created by this Agreement.
NOW, THEREFORE, the Member Entities, by, between and among themselves,
in consideration of the mutual benefits, promises,
and agreements set forth below, hereby agree as
follows:
FWSFCREI.DOC
CREATION OF THE SAN FRANCISQUITO CREEK JOINT POWERS
AUTHORITY. Pursuant to Chapter 5, Division 7, Title 1 of the Government Code of the
State of California (commencing with Section 6500) (as amended from time to time, the
"JPA Law"), the Member Entities create a public agency, separate and apart from the
Member Entities to be known as the San Francisquito Creek Joint Powers Authority (the
"Authority"). Pursuant to Government Code section 6508.1, the debts, liabilities, and
obligations of the Authority shall not constitute debts, liabilities, or obligations of any
party to this Agreement. A Member Entity may separately
contract for or assume responsibility for specific
debts, liabilities, or obligations of the Authority. The Authority shall require
indemnification on behalf of itself and its members as determined by its Board of
Directors from entities with which it enters into agreements. For purposes of,
and to the extent required by, Government Code
section 6509, in exercising its powers, the Authority shall
be subject to the restrictions upon the manner of exercising the powers of the city or
county Member Entity specified in this Agreement,
except as otherwise authorized or permitted by the
JPA Law.
2.
3.
PURPOSES. This Agreement is entered into by Member Entities under the
JPA Law for the following purposes:
4.
a.
To facilitate and perform bank stabilization, channel clearing and other
Creek maintenance.
b.
C.
watershed.
d.
e.
To plan flood control measures for the San Francisquito Creek
To take actions necessary to preserveand enhance environmental
values and instream uses of San Francisquito Creek.
f.
g.
To coordinate emergency mitigation and
to San Francisquito Creek.
h.
i.
To make recommendations to Member Entities for
alternatives for long term flood control for Member Entity consideration.j.
5.
response activities relating
funding and
DEFINITIONS. In this Agreement unless the context otherwise requires:
2
FWSFCREI.DOC
ao
"Administrative Cost" means the amount charged to each
Entity by the Authority for the Authority’s general operating costs and expenses.
b.
C.
Member
"Authority" means the San Francisquito Creek Joint Powers Authority.
"Board" or "Board of Directors" mean.~ and is the governing body of
the Authority constituted as set forth in Paragraph of this Agreement.
f.
g.
"JPA Law" means Chapter 5 of Division 7 of Title 1 (commencing with
Section 6500) of the California Government Code, as amended from time to time.
h.
i.
"Member Entity" means and shall include each public agency (as
defined in Section 6500 of the JPA Law), which is a party to this Agreement.j.
k.
"Creek" means and is the San Francisquito Creek.
I.
7.
PARTIES TO AGREEMENT. Each Member Entity certifies that it intends to
and does contract with every other Member Entity which is a signatory to. this
Agreement. Each Member Entity also certifies that
the deletion of any Member Entity from this
Agreement does not affect this Agreement nor each Member Entity’s intent to contract
with the Member Entities then remaining.
AGREEMENT. This Agreement became effective as of
,1999, and continues in full force until terminated in accordance with
o
TERM OF
Paragraph.
10.
11°
POWERS OF THE AUTHORITY. The Authority through its Board of
Directors is authorized, in its own name and subject to the limitations set forth below, to
do all acts necessary to fulfill the purposes of this
Agreement referred to in Paragraph including, but
not limited to, each of the following:
Make and enter into contracts;
Incur debts, liabilities, and obligations, provided that no debt, liability,
12.
bo
FWSFCRE1.DOC
or obligation of the Authority shall be a debt, liability, or obligation of a Member Entity
except as separately agreed to by a Member Entity;
d. ~
e.
Receive contributions and donations of property, funds, services, and
other forms of assistance from any source;
f.
g.
Sue and be sued in its own name;
jo
Contract with independent consultants and or contractors;
Receive, collect, and disburse monies;
Carry out other duties as required to accomplish other responsibilities
as set forth in this Agreement;
n.
O."
Assign, delegate, or contract with a Member Entity or third party to
perform any of the duties of the Board including, but not limited to, acting as
administrator for the Authority; and
p.
q.
Exercise all other powers necessary and proper to carry out the
provisions of this Agreement.
r.
s.
These powers shall be exercised in the manner provided by applicable law
and as expressly set forth in this Agreement.
t.
13.
MEMBER ENTITY APPROVALS AND RESPONSIBILITIES. Each Member
Entity has the approval authority, obligations and responsibilities set forth in this
Agreement. No action of the Authority shall be effective or binding unless and until such
action has been approved in accordance with Paragraph by the Authority Board of
Directors consistent with a budget approved by independent action of each Member
Entity’s governing body.
14.
15.
PROJECT PARTICIPATION APPROVAL AUTHORITY. Member Entities
shall have the right to determine independently whether to participate in any capital
improvement project.No capital improvement project shall be approved by the
Authority unless and until Member Entities
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FWSFCRE1 .DOC
sufficient to fund the project fully have approved
project by independent action of each Member Entity’s governing body.
16.
17.
18.
MEMBERSHIP.
Voting Members. All Member Entities shall be Voting Members.
Associate Membership.
the
do
(1)
Nonprofit corporations and academic and charitable
organizations located or operating within the jurisdictional limits of a Member Entity shall
be eligible to join the Authority as Associate Members, subject to the approval of the
Board of Directors.
(2)
(3)
Associate Members shall be entitled to attend all meetings of
the Board of Directors and participate in discussion of all items of business but shall not
be entitled to vote or participate in fOrmal debate of a motion on the floor. Further, no
representative of an Associate Member may become an officer or director of the
Authority.,
(4)
(5)
For purposes of this Agreement, only Voting Members shall be
referred to as "Member Entities."
(6)
19.
BOARD OF DIRECTORS.
20.
Directors. There shall be a Board of Directors to govern the affairs of
the Authority. The Board shall be comprised of one director, and one alternate director,
from each Member Entity. Each director has one vote. An alternate director may cast a
vote as a member of the Board of Directors only in the absence of the director. Each
director and alternate director shall be a member of the governing body of the Member
Entity. Each director shall be designated by the governing board of the respective
Member Entity. The alternate directors shall be
appointed by the Director designated by a Member
Entity in the absence of designation of alternates by a Member Entity.
b.
C.
Compensation. Directors and alternate directors are not entitled to
compensation. The Board may authorize reimbursement of expenses incurred by
directors or alternate directors.
FWSFCREI.DOC
do
Powers. The powers of the Board are each of the powers of the
Authority not specifically reserved to the Member Entities by this Agreement. The
Member Entities retain the following powers:
f.
(1)
Paragraph;
(2)
(3)
Paragraph;
(4)
(5)
(6)
(7)
and
(8)
(9)
Paragraph.
(10)
21,
The designation of the Board of Directors as specified in
Approval of an amendment to this Agreement as specified in
Approval of actions pursuant to Paragraph, above;
Approval of project participation as specified in Paragraph ;
Approval of the annual budget of the Authority as specified in
BOARD MEMBERS.
22.
Meetin.qs. The Board shall hold at least one regular meeting each
year, at which time the Board shall elect its officers as appropriate to comply with
Paragraph . The Board shall fix the date, hour, and place at which each regular
meeting is to be held. To the extent practicable,
each Board meeting shall be held in Northern
Santa Clara County or Southern San Mateo County. The Chair presides at all
meetings.A special meeting may be called upon
written request by the Chair or at least one-third of
the Member Entities.
b.
C.
Brown Act. Each regular, adjourned regular, or special meeting of the
Board shall be called, noticed, held, and conducted in accordance with the Ralph M.
Brown Act (Sections 54950, et seq., of the
Government Code).
d.
e.
Minutes.The Secretary shall keep or have kept minutes of each
FWSFCREI.DOC
6
regular meeting of the Board. As soon as possible after each meeting, the Secretary
shall have a copy of those minutes forwarded to each
member of the Board.
f.
g.
Quorum. No business may be transacted by the Board without a
quorum of members of the Board being present except that less than a quorum may
adjourn from time to time. A quorum consists of a majority of the members of the
Board.
h.
i.
Action of Board. Any action of the Board shall require a vote of a
maiority of the voting members of the Board.j.
23.
24.
OFFICERS.
Officers. The officers of the Authority are the Chair, Vice-Chair, and
Secretary.
b.
C.
Election/Term/Duties. The officers shall be elected or appointed by
the Board at its first meeting. The term of office for Chair, Vice-Chair, and Secretary is
one year. The officers shall assume the duties of their
offices upon formation of the Authority or as
appropriate. If either the Chair, Vice-Chair, or Secretary ceases to be a member of
the Board, the resulting vacancy shall be filled at the next regular meeting of the BOard
held after the vacancy occurs.
d.
e.
compensation. Officers are. not entitled to compensation. The Board
may authorize reimbursement of expenses incurred by officers.
f.
g.
Appointment/Contract. The Board may appoint such officers and may
contract with such persons or firms as it considers necessary to carry out the purposes
of this Agreement.
h.
25.
FISCAL YEAR. The first fiscal year of the Authority is July 1, 1999, through
June 30, 2000. Each subsequent fiscal year of the Authority shall end on June 30th.
26.
27.
BUDGET. The Board shall adopt an annual budget, which shall include each
Member Entity’s proposed contribution for the fiscal year. The budget shall not be
effective unless and until it is approved by the governing
FWSFCRE1.DOC
body of each Member Entity that has a contribution
to the budget. Member Entity contributions shall become immediately due and
payable to the Authority upon adoption of the budget, unless expressly provided
otherwise in the budget.
28.
29.
ANNUAL AUDIT AND AUDIT REPORTS. The Board shall cause an annual
financial audit to be made by an independent certified public accountant with respect to
all Authority receipts, disbursements, other
transactions, and entries into the books. A report of
the financial audit shall be filed as a public record with each Member Entity. The audit
shall be filed no later than required by State law. The Authority shall pay the cost of the
financial audit and charge the cost against the Member Entities in the same manner as
other administrative costs.
30.
31.
ESTABLISHMENT AND ADMINISTRATION OF FUNDS.
32.
Accountability. The Authority is responsible for the strict accountability
of all funds and reports of all receipts and disbursements. It shall comply with every
provision of law relating to the establishment and. administration of funds, particularly
Section 6505 of the California Government Code. The funds shall be accounted for on
a full accrual basis.
b.
Investment/Disbursement. The Authority shall receive and disburse
funds only in accordance with procedures established by the Board and in conformity
with applicable law.
d.
e.
Insurance/Bond. The Authority shall require the Board to procure
errors and omissions insurance or a fidelity bond.
f.
g.
Fiscal A.qent. The Authority shall designate a fiscal agent who shall
be responsible for the administration of all funds and accounts. The fiscal agent may be
one of the Member Entities or an officer or employee of one of the Member Entities,
subject to the approval of the selected Member Entity.
h.
33.
ADMINISTRATIVE COST. In connection with preparation of the Annual
Budget pursuant to Paragraph , above, the Board may establish the Administrative
Costs of the Authority, if any, for each fiscal year and shall propose a formula for
allocating these Administrative Costs among Member
Entities for each fiscal year, which shall be
approved by the Member Entities as a part of the budget.
FWSFCRE1.DOC
34.
35.
WITHDRAWAL. Member Entities may withdraw from the Authority for
subsequent fiscal years by providing written notice to the Authority and each Member
Entity on or before May 1 of any fiscal year. Withdrawal shall be effective on July 1 of
the next fiscal year. This shall be the exclusive means
by which a Member Entity may withdraw from
the Authority. Any Member Entity that withdraws shall~ remain liable for any
budget contributions or capital improvement project participation approved before
withdrawal. Any Member Entity that withdraws shall remain liable for any and all
demands, claims, or liabilities of any nature, including
death or injury to any person, property damage, or any
other loss caused by or arising out of that party’s performance or failure to perform
the obligations assumed before the Member Entity withdraws from this Agreement. Any
Member Entity that withdraws shall remain subject to the provisions of Paragraph with
respect to any event or occurrence taking place before the Member Entity withdraws.
36.
37.
EXPULSION. The Authority may expel a Member Entity from the Authority
by a three-fourths (3/4) vote of the Board of Directors for a breach of this Agreement
determined by the Board to be a material breach. Any Member Entity that has been
expelled pursuant to this paragraph shall have no further liability or obligation pursuant
to this Agreement after the effective date of such
expulsion; except such Member Entity shall remain
liable for any and all demands, claims, or liabilities of any nature, including death
or injury to any person, property damage, or any other loss caused by or arising out of
that party’s performance or failure to perform the
obligations assumed before the Member Entity
was expelled. Any Member Entity that has been expelled shall remain subject to the
provisions of Paragraph with respect to any event or occurrence taking place before the
Member Entity was expelled.
38.
39.
TERMINATION AND DISTRIBUTION..
40.
Termination. This Agreement shall continue until terminated. This
Agreement may be terminated by the written consent of two-thirds (2/3) of the Member
Entities; provided, however, this Agreement and the Authority shall continue to exist
after termination for the purpose of disposing of all
claims, distribution of assets, and all other functions
necessary to conclude the obligation and affairs of the AuthOrity.
b.
C.
Surplus. After completion of the Authority’s purposes, any surplus
money on deposit in any fund or account of the Authority shall be returned in proportion
to the contributions made as required by Section 6512 of the California Government
9
FWSFCRE1 .DOC
Code. The Board is vested with all powers of the
Authority for the purpose of concluding and
dissolving the business affairs of the Authority.
d.
41.
NOTICES. Notices to each Member Entity under this Agreement are
sufficient if mailed to its respective address on file with the Authority.
42.
43.
PROHIBITION AGAINST ASSIGNMENT. No Member Entity may assign .a
right, claim, or interest it may have under this Agreement, and any such assignment
shall be void. No creditor, assignee, or third party
beneficiary of a Member Entity has a right,claim, or
.title to any part, share, interest, fund, or asset of the Authority.
44.
45.
AMENDMENTS. This Agreement may be amended by a unanimous vote of
the Member Entities of the Authority acting through their governing bodies. A proposed
amendment must be submitted to each Member Entity at least thirty (30) days in
advance of the date when the Member Entity
considers it.An amendment is to be effective
immediately unless otherwise designated.
46.
47.
SEVERABILITY. If a portion, term, condition, or provision of this Agreement
is determined by a court to be illegal or in conflict with the law of the State of California,
or is otherwise rendered unenforceable or ineffectual, the
validity of the remaining portions,terms, conditions,
and provisions is not affected.
48.
49.
LIABILITY OF THE AUTHORITY; RELEASE AND INDEMNITY. Funds of the
Authority may be used to defend, indemnify, and hold harmless the Authority, any
Member Entity, any member of the Board, and
officer of the Authority for their actions taken within the
scope of their duties while acting on behalf of the Authority. The parties to this
Agreement release each other and agree to hold each other harmless, as well as their
officers and employees, for any loss or liability arising from their respective activities
pursuant to this Agreement. Except as otherwise provided herein, each party agrees to
indemnify, defend and hold harmless the other parties, their officers, agents, and
employees from any and all demands, claims, or liabilities of any nature, including death
or injury to any person, property damage, or any other loss caused by or arising out of
that party’s performance or failure to perform the
obligations assumed under this Agreement. Each
Member Entity agrees that legal counsel for any Member Entity may be designated
by the Board to represent the Authority by performing legal services, including litigation,
and that any potential conflict of interest arising from such representation shall be
FWSFCRE1.DOC
10
deemed waived by the Authority and Member Entity,
unless an actual adverse relationship exists
between the Member Entity and the Authority with respect to the particular matter. The
designation of legal counsel from a Member Entity shall be with the approval of that
Member Entity.
50.
51.
GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
52.
53.
COUNTERPART. This Agreement may be executed in counterparts, each
of which shall be an original, but all of which shall constitute one instrument.
54.
AGREEMENT COMPLETE.
Agreement of the Member Entities.
not
55.
56.
this
57.
58.
59.
60.
The foregoing constitutes the full and complete
There are no oral understandings or agreements
set forth in writing herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
day of ~, 1998.
CITY OF MENLO PARK
61.
62.
63.
Mayor
By:
ATTEST:
By:
City Clerk
CITY OF PALO ALTO
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By:
Mayor
ATTEST:
City Clerk
By:
Mayor
ATTEST:
City Clerk
By:
By:
By:
12
CITY OF EAST PALO ALTO
SANTA CLARA VALLEY WATER
DISTRICT
FWSFCRE1.DOC
ATTEST:
Secretary
By:
CONTROL DISTRICT
SAN MATEO COUNTY FLOOD
By:
Board Chair
ATTEST:
Secretary
By:
13
FWSFCRE1 .DOC
JOINT POWERS AGREEMENT
CREATING THE
SAN FRANClSQUITO CREEK
JOINT POWERS AUTHORITY
Dated
as of
,1999
FWSFCRE1.DOC
JOINT POWERS AGREEMENT
TABLE OF CONTENTS
1. CREATION OF THE SAN FRANClSQUITO CREEK JOINT POWERS
AUTHORITY
1
2.PURPOSES 2
3.DEFINITIONS 2
PARTIES TO AGREEMENT
5.TERM OF AGREEMENT 3
6.POWERS OF THE AUTHORITY 3
7.MEMBER ENTITY APPROVALS AND RESPONSIBILITIES 3
8.PROJECT PARTICIPATION APPROVAL AUTHORITY 3
9.MEMBERSHIP 4
10.BOARD OF DIRECTORS 4
11. BOARD MEMBERS5
FWSFCREI.DOC
12.OFFICERS 5
13.FISCAL YEAR 6
14.BUDGET 6
15.ANNUAL AUDIT AND AUDIT REPORTS 6
16.ESTABLISHMENT AND ADMINISTRATION OF FUNDS 6
17.ADMINISTRATIVE COST 7
18.WITHDRAWAL 7
19.EXPULSION 7
20.TERMINATION AND DISTRIBUTION 7
21. NOTICES 8
22. PROHIBITION AGAINST ASSIGNMENT 8
23.AMENDMENTS 8
24. SEVERABILITY 8
25.LIABILITY OF THE AUTHORITY; RELEASE AND INDEMNITY8
26. GOVERNING LAW 8
27.COUNTERPART 8
FWSFCREI.DOC
28.AGREEMENT COMPLETE
iii
FWSFCRE1 .DOC