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East Palo Alto, Menlo Park, Palo Alto, San Mateo County Flood Control District, and the Santa Clara Valley Water District

Notice of Regular Meeting of the SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY BOARD

City of Menlo Park Council Chambers 701 Laurel Street, Menlo Park, California Thursday, April 25, 2013 at 4:00 p.m.

AGENDA

1) ROLL CALL

2) APPROVAL OF MEETING MINUTES – March 28, 2013 Board meeting

3) APPROVAL OF AGENDA

4) PUBLIC COMMENT – Members of the public may speak for up to three minutes on items not on the Agenda. They may address the Board on any Agenda item when that item is considered by the Board.

5) REGULAR BUSINESS – EXECUTIVE DIRECTOR’S REPORT

a) Approve Addendum #1 to the S.F. Bay-Highway 101 project Final Environmental Impact Report

b) Receive a presentation by Pacific Gas & Electric on their design and cost estimate to modify electrical transmission facilities for the S.F. Bay-Highway 101 project

c) Discuss S.F. Bay-Highway 101 project construction planning

d) Approve a Local Conflict of Interest Code

6) BOARD MEMBER MATTERS - Non-agendized comments, requests, or announcements by Board members; no action may be taken.

7) ADJOURNMENT

PLEASE NOTE: This Board meeting Agenda can be viewed online by 4:00 p.m. on April 22, 2013 at www.sfcjpa.org -- click on the “Meetings” tab near the top. Supporting documents related to the Agenda items listed above will be available at the same online location by 4:00 p.m. on April 23, 2013.

NEXT MEETING: Regular Board meeting, May 23, 2013 at 4:00 p.m., East Palo Alto City Council Chambers.

650-324-1972 * [email protected] * 615 B Menlo Avenue * Menlo Park, CA 94025

San Francisquito Creek Joint Powers Authority April 25, 2013 Board Meeting

Agenda Item 2 March 28, 2013 Board Meeting Minutes

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Chairperson Burt called the meeting to order at 4:04 p.m. at the City of Palo Alto Council Chambers, Palo Alto, CA.

DRAFT

1) ROLL CALL Members Present: Director Burt, City of Palo Alto Director Abrica, City of East Palo Alto

Director Keith, City of Menlo Park, not present at role call; arrived at 4:06 pm Director Pine, San Mateo County Flood Control District, not present at roll call; arrived at 4:32 pm

Members Absent: Director Schmidt, Santa Clara Valley Water District Alternates Present: Nai Hsueh, Santa Clara Valley Water District JPA Staff Present: Len Materman, Executive Director Kevin Murray, Staff Miyko Harris-Parker, Staff

Legal Counsel Present: Greg Stepanicich Others Present: Trish Mulvey, Palo Alto resident; Jerry Hearn, Portola Valley resident; Art

Kraemer, Palo Alto resident; Dennis Parker, East Palo Alto resident; Jim Wiley, Menlo Park resident; Tom Zigterman, Stanford; Sharon Jones, East Palo Alto; Fernando Bravo, Menlo Park; Joe Teresi, Palo Alto, Chris Elias, Santa Clara Valley Water District; Emma Reed

2) APPROVAL OF MEETING MINUTES – February 28 Board Meeting

Director Keith made a motion to approve the February 28, 2013 Board meeting minutes. Director Burt seconded. February 28, 2013 Board meeting minutes passed unanimously 4-0.

3) APPROVAL OF AGENDA Agenda approved 3-0.

4) PUBLIC COMMENT

Jerry Hearn, Portola Valley resident, gave the Board a brief update on the watershed forum that was held by Acterra. Mr. Hearn said that there were 45 people in attendance and that he only knew a dozen attendees, which is a really good sign that more people are getting involved in watershed issues. Mr. Hearn also provided an update on the advisory group formed by Stanford for Searsville Dam saying that the second meeting was held a week ago and that the agenda included David Freyberg’s presentation on the dam and a visit to the dam, a very good presentation by Mr. Materman on the SFCJPA’s work, and updates on the biological resources. Mr. Hearn offered to provide a tour up to two SFCJPA Board members, as he is a docent at Jasper Ridge.

5) REGULAR BUSINE EXECUTIVE DIRECTOR’S REPORT Discuss S. F. Bay - Highway 101 project construction planning Mr. Materman provided and discussed with the Board a SFCJPA S.F. Bay to 101 project timeline.



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Director Hsueh asked if the utility relocation cost and the realty are included in the estimate. Mr. Materman replied saying that utilities costs and the real estate costs are separate from the construction management agreement that is currently being negotiated and that there are utility costs that are now being identified by PG&E that are substantial; at least $1 million additional just for electrical. Mr. Materman said that the way we deal with the utility cost can be addressed through the SFCJPA relationship with the State through our grants or they can be addressed between the SCVWD and PG&E directly. Mr. Materman said on the other utilities issue, which is the East Palo Alto Sanitary District sewer line relocation, we already have an agreement with a cost estimate in place and we are working to identify real estate costs on both the Santa Clara County and San Mateo County sides. Mr. Materman stated that there is no funding agreement for real estate costs right now.

Chairperson Burt stated that with the number of items that are critical path and uncertain for 2013 we are already looking at end of 2015 to complete construction and if any are pushed back then we are not completing in 2015 and we need to be transparent. Mr. Materman agreed, and said that we must complete plans and specifications, and sign inter-agency funding agreements, and secure permits; and while all of these difficult items are related to 2013 some of them can spill into 2014 and we can still do construction activities in 2013.

Chairperson Burt asked if the utility construction was not able to be completed in 2013 can it be done concurrently with other construction. Mr. Materman said yes it can be done concurrently, though that is not ideal as we would have several contractors our there simultaneously. Chairperson Burt asked if the schedule anticipates that if all goes well we are still at end of 2015 for completion. Mr. Murray responded saying that we would be out of the channel by 2015 but that some other activities outside of the channel could be completed after the construction window.

Mr. Materman told the Board that he asked SCVWD and East Palo staff to discuss the conditions of the levees before and after the December 23, 2012 flood and any thought they have related to how the condition of these levees relates to the sequencing of our construction activities.

Chris Elias of the SCVWD provided an overview of the SCVWD’s levee inspections highlighting that the inspection results found holes along the levee, some areas where vegetation has made it difficult to inspect or has affected the levee. Mr. Elias said that there was some cracking issues on top of the levee and some water seepage issues also found. Mr. Elias told the Board that the SCVWD recommendations include filling the holes, improving the grade on the Palo Alto side of the levee, and cutting back vegetation. Mr. Elias said that SCVWD is looking to work with the SFCJPA on a possible contingency plan to divert water during high flow times.

Sharon Jones, City of East Palo Alto, provided a brief overview of the East Palo Alto levee inspections. Ms. Jones reminded the Board that on December 23rd the City of East Palo Alto levees overtopped in the Gardens neighborhood, and experienced some seepage and tension cracking along the levee. Ms. Jones said that the city is working with consulting engineers on a report to be shared with East Palo Alto City Council on April 16. Ms. Jones said that the findings show that if the SFCJPA project can be in place in the two years as anticipated then there are not any major repairs that would be recommended, though there are some minor/interim repairs that the City will do. Ms. Jones noted that city has put up barriers to keep people out of the area. Ms. Jones continued saying that the city has issued a notice to proceed to do the slope repair along the Woodland Ave. is talking with Caltrans about funding that work. Ms. Jones concluded saying that the City of East Palo Alto would support anything that can be done to support or reduce the risk of flooding in our neighborhoods, which may include constructing floodwalls early in the S.F. Bay-Highway 101 project.



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Receive and discuss the Draft Public Outreach Plan for the Environmental Impact Report for project elements upstream of Highway 101

Mr. Materman provided a brief introduction to the Board regarding the Draft Public Outreach Plan for the Environmental Impact Report for project elements upstream of Highway 101.

Alexa LaPlante, Deputy Project Manager for ICF introduced Karen Molinari, Outreach Coordinator with ICF, who presented the draft outreach plan for the Environmental Impact Report for project elements upstream of Highway 101.

Director Hsueh asked if the cost for the public outreach plan is already a part of the consultant contract. Ms. Molinari responded saying it is.

Director Abrica asked what the approach would be for communities that are not well organized. Ms. Molinari responded saying that she is very interested in hearing feedback from the Board as they are leaders within their communities and if they have ideas on key people who should be contacted they can work with her or the SFCJPA staff to provide that information. Ms. Molinari said that attachment A at the back of the draft plan has a list of the key stakeholders that the team felt needed to be engaged and that the list is broken down by agency, local government, neighborhood associations for each community, non-governmental agencies and businesses and utilities.

Director Keith commented saying that the City of Menlo Park is currently doing the Belle Haven visioning process and a lot people are not online so the consultant hired people form the neighborhood to go out and talk to people and suggested that if the budget allows it that is something that should be considered.

Chairperson Burt commented that this seems like an innovative outreach plan.

Trish Mulvey, Palo Alto resident, asked if someone could write down all of the things that Ms. Molinari just mentioned and the things that are in Mr. Materman’s Executive Director’s Report and say when the public meetings are going to be, either by month or quarter. Mrs. Mulvey said that she and the SFCJPA are concerned that we do not max the community out with too many meetings and keep them engaged when we need them. Mrs. Mulvey asked that a calendar be put together providing all of the meeting information for the many meetings going on in within this area; the visioning of Bell Haven, East Palo Alto’s launching of their general plan update and the specific plan for the west side, the work on the bay front levees and the meetings on the downstream project and the specific meetings of the bridge projects; so the community can participate in the a way that gives the feedback and input that is being sought from the public.

Mr. Materman thanked Mrs. Mulvey for her comments and said that a lot of time has been spent on how to maximize meeting opportunities and how to not create fatigue and confusion with the public. Mr. Materman said that we can create a calendar and that thinking about we can accomplish different agencies’ goals with one meeting is something that we are really working on. Mr. Materman said that Mrs. Mulvey’s point is very well taken.

Approve sending a letter in support of a proposal to the State for a flood Emergency Response Project grant to enhance the existing early warning system Mr. Materman asked the Board to approve sending a letter in support of a proposal to the State for a flood emergency response project grant to enhance the existing early warning system. Mr. Materman noted that the proposal would seek approximately $150,000 of Prop 84 funding, and that SFCJPA staff is preparing the grant application, but the City of Palo Alto will be the grant applicant.

Director Keith commented that it was great this grant opportunity was found and she thanked the City of Palo Alto for agreeing to be the grant applicant. Director Keith made a motion to approve



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sending a letter in support of a proposal to the State for Flood Emergency Response Project grant to enhance the existing early warning system. Director Pine seconded. Motion to approve sending a letter in support of a proposal to the State for a flood Emergency Response Project grant to enhance the existing early warning passed unanimously 5-0.

Mr. Materman thanked Joe Teresi and all the staff who have been working on the proposal.

Approve the Fiscal Year 2013-2014 Operating Budget Mr. Materman asked the Board to approve the proposed Fiscal year 2013-2014 operating budget.

Mr. Hearn told the Board that he was happy to finally see a Cost Of Living Adjustment being proposed for the staff. Mr. Hearn commented that he does a lot of volunteer work with non-profit organizations and very typically they have very active staff that get paid too little and he is seeing that SFCJPA is taking that shape too and he is astonished at what this organization is taking on with the few staff that it has and the staff is doing an amazing job. Mr. Hearn said that in the future there should be consideration of adding another staff member because you can use a lot of consultants but it takes staff members to manage those consultants. Mr. Hearn stated that he has not spoken with any of the SFCJPA staff and that these are his own observations; if we are going to move forward with these projects there is going to be a lot more interaction with the public and we should be aware of the need to add on some staff in the future not with the budget being presented tonight but we should keep it in mind for next year.

Mrs. Mulvey told the Board that the COLA was long overdue and she very much supports the staff recommendation, but the request should be higher because we are not comparable with the member agencies. Mrs. Mulvey asked if the budget committee could figure out what we need to get in to next year’s thinking as the Board did last year saying a year from now we are going to ask for $10,000 from each of you; please figure out what more we need so we can get staff to the comparable level. Mrs. Mulvey said that she agrees with Mr. Hearn, we cannot let this staff burn out; we have the opportunity to look ahead and plan.

Director Keith commented on the fact that the consultant just spoke about the website regarding public outreach and she asked for clarification on the fact that the proposed budget has only $300 for the website. Mr. Materman responded saying that the outreach budget is funded through a project funding agreement separate from our agency operating budget. Director Keith asked what the terms of the office lease are. Mr. Materman replied saying that we are currently month-to-month but are working on a new lease at the same location, and that the proposed budget amount allows for the new monthly lease amount. Director Keith suggested maybe hiring a summer intern to assist with grant work and she reminded the Board and members of the public that the Board talked two years ago about having a $20,000 increase and decided to break it down in to two $10,000 increases and she supports the increase and appreciates the work that the SFCJPA staff is doing and she thanked Mr. Materman and staff for their participation in other related activities in the community.

Director Keith made a motion to approve the Fiscal year 2013-2014 operating budget. Director Pine seconded. Fiscal Year 2013-2014 operating budget approved unanimously 5-0.

6) BOARD AND ASSOCIATE MEMBER MATTERS - Non-agendized comments, requests, or announcements by Board and/or Associate members, no action may be taken None.

7) ADJOURMENT: Chairperson Burt adjourned the meeting at 5:32 pm.

Minutes Prepared by Clerk of the Board: Miyko Harris-Parker.


Agenda Item 5 Executive Director’s Report

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With the help of Kevin Murray and Miyko Harris-Parker, I am pleased to submit the following:

a) Approve Addendum #1 to the S.F. Bay-Hwy. 101 project Final Environmental Impact Report

A permit from the California Department of Fish and Wildlife (formerly Department of Fish and Game) is necessary to construct the S.F. Bay-Highway 101 project. In response to our permit application, a Department of Fish and Wildlife regulatory division staff member asked that our Environmental Impact Report document the potential impacts of the project on Longfin Smelt, a State-listed threatened species of fish.

This request came as a surprise. During the process to develop the EIR and during the public comment period on the Draft EIR, Longfin Smelt was not mentioned by the CA Department of Fish and Wildlife in their comment letter or from any other agency or individual. Like Steelhead Trout, a protected species that is seen in San Francisquito Creek, Longfin Smelt does not occupy estuarine stream reaches such as the project area during the summer and early fall, which is our window to work in the Creek. Thus, our mitigation measures to ensure the protection of Steelhead Trout would also protect any Longfin Smelt that happen to occupy the Creek during the winter months.

In order to accommodate the request from the Department of Fish and Wildlife, our EIR consultant, ICF International, has prepared an addendum to our EIR that documents potential impacts and mitigation measures related to Longfin Smelt. This addendum, which has been reviewed by staff from the SFCJPA and member agencies, and our legal counsel, describes the life cycle and behavior of the Smelt, and why our project’s construction will not impact them. Since the Final EIR has already been certified, adding this addendum requires a formal action of the Board of Directors.

Proposed Board Action: Approve Addendum #1 to the S.F. Bay-Highway 101 project Final Environmental Impact Report.

b) Receive a presentation by Pacific Gas & Electric on their design and cost estimate to modify electrical transmission facilities for the S.F. Bay-Highway 101 project

On March 25th, the project manager for PG&E’s electrical transmission modifications related to the S.F. Bay-Highway 101 project presented to me and staff their designs and cost estimates for construction. The design includes the plans, profile, and locations of the modified large steel towers and electrical poles (replacing wooden poles).

To raise two towers and move and raise a third, PG&E estimates needing about $1.54 million beyond what the SFCJPA has provided already. This additional funding includes about $300,000 for building a temporary access road that may not be needed depending on weather and construction sequencing and for tree trimming that may not be needed depending on the stage of the golf course reconfiguration project. It also includes $80,000 for an environmental monitor during construction that may not be needed if our construction monitoring program is present, and a contingency of about $154,000. Thus, the estimate for materials and construction at this stage can be characterized as estimated between $1 million and $1.54 million. To construct four new steel poles, PG&E estimates needing about $270,000 in new money, including $30,000 for contingency, with few unknowns or opportunities to save. These numbers will be presented at the Board meeting.

At the Board meeting, PG&E staff will brief the Board and answer questions related to the design and cost estimates associated with this work.



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c) Discuss S.F. Bay-Highway 101 project construction planning

At the February 7th Board meeting, we began a discussion of the issues that must be addressed prior to beginning construction of the S.F. Bay-Highway 101 project, and I committed to updating the Board on this subject at each meeting leading up to the commencement of construction. At the February 28 Board meeting, we focused on permitting the project and the Board authorized me to submit permits to the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, California Department of Fish and Wildlife, and the Bay Conservation and Development Commission, and pay the permit fees. At the March 28 Board meeting, I described all of the activities and milestones in the context of a new timeline tool developed with the help of Santa Clara Valley Water District (SCVWD) staff. Also at that meeting, Chris Elias from the SCVWD and Sharon Jones of the City of East Palo Alto discussed the condition of the levees in this reach, with an eye towards the time until the S.F. Bay-Highway 101 project is completed.

The items we are working on include: completing inter-agency agreements, finalizing project Plans and Specifications (generally referred to as design), construction sequencing to reduce risk to properties prior to the completion of project construction, and PG&E gas and electrical transmission modifications. PG&E electrical work is the subject of the previous agenda item, and below are brief updates regarding the items that we plan to discuss at this month’s Board meeting.

East Palo Alto Sanitary District (EPASD) Sewer Line Relocation: The EPASD will relocate and replace a portion of its sewer line crossing the Creek adjacent to the Friendship Bridge in order to accommodate the new levees. The cost of this activity is divided between the SFCJPA and EPASD, per an agreement approved by the Board in November 2012. Earlier this month, EPASD provided its 50% design plans to the SFCJPA. In general, EPASD’s sewer line alignment, proposed materials, and construction techniques are in line with what has been proposed and agreed upon in previous staff discussions, and SFCJPA, SCVWD and HDR are working with EPASD to refine their design as it relates to their proposed methods for repairing the “cut” in the existing levee that will need to be made in order for their contractor to install the new line, and the installation of a coffer dam and needed to temporarily dewater the portion of the channel where the new line will be installed.

Permitting: The Regional Water Quality Control Board, California Department of Fish and Wildlife, and Bay Conservation and Development Commission have reviewed our permit applications and requested more information. On April 16, SFCJPA Project Manager Kevin Murray and Matthew Jones of ICF met with representatives of the U.S. Fish and Wildlife Service (USFWS) on site to discuss their concerns with the project’s impacts on habitat. The Corps of Engineers has provided USFWS our Biological Assessment for their review and comments to the Corps, which ultimately issues a federal permit for the project. We are working with the regulators at each of these agencies to provide the information they have requested in order to secure permits by September 1, 2013. Securing permits by this date, and having confidence that they will be secured 30 days ahead of this date, is critical to our ability to begin the relocation of major utilities in 2013.

Easement Acquisition: On the Santa Clara County side of the Creek, SCVWD staff continue to assess the needed easements and permanent land holdings required to enable the construction and maintenance of the project. On the San Mateo County side, we believe that less easement acquisition is required, but information is needed to define the scope of that easement. At the request of the SFCJPA, our design consultant HDR has provided CAD mapping layers to enable us to determine the number and extent of the easements required.



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SCVWD staff have informed us that they are putting together additional mapping that incorporates updated property and easement line information for the San Mateo County side. Next week, SFCJPA and City of East Palo Alto staff will meet to review all of this information. Neither East Palo Alto nor the SFCJPA have the staff to prepare plats and legal descriptions of the related properties on the San Mateo side, and thus an outside firm, SCVWD or our design firm, HDR, could provide these services.

d) Approve a Local Conflict of Interest Code

Given the SFCJPA’s progress to secure large grants and move forward with major projects in recent years, our General Counsel Greg Stepanicich has advised me that our agency should have a Conflict of Interest Code for Directors, the Executive Director, our General Counsel and staff. Enclosed is a memo from Greg Stepanicich to the Board that outlines the rationale for this code, and includes a model code provided by the State’s Fair Political Practices Commission and a draft Board resolution to implement this code. This code requires that officers and staff file a Statement of Economic Interests relative to the agency’s work.

Proposed Board action: Approve Resolution #13-4-25 directing the Executive Director to establish and implement a Local Conflict of Interest Code.

Submitted by:

Len Materman Executive Director

Agenda Item 5.a. Approve Addendum #1 to the S.F. Bay-Highway 101 project Final Environmental Impact Report

FINAL ENVIRONMENTAL IMPACT REPORT ADDENDUM #1

SAN FRANCISQUITO CREEK FLOOD REDUCTION, ECOSYSTEM RESTORATION, AND RECREATION PROJECT SAN FRANCISCO BAY TO HIGHWAY 101

P R E P A R E D F O R :

SanFrancisquitoCreekJointPowersAuthority615BMenloAvenueMenloPark,CA94025Contact:KevinMurray650‐324‐1972

P R E P A R E D B Y :

ICFInternational75EastSantaClaraSt.Suite300SanJose,CA95113Contact:MatthewJones408‐216‐2815

March2013

ICFInternational.2013.SanFrancisquitoCreekFloodReduction,EcosystemRestoration,andRecreationProjectSanFranciscoBaytoHighway101.Addendum.March.(ICF#00882.09).PreparedforSanFrancisquitoCreekJointPowersAuthority,MenloPark,CA.

Environmental Impact Report Addendum for the San Francisquito Creek Flood Reduction, Ecosystem Restoration, and Recreation Project San Francisco Bay to Highway 101

i March 2013ICF 00882.09

Contents

List of Figures ...................................................................................................................................... ii

List of Acronyms and Abbreviations ................................................................................................... iii

Chapter 1 Final EIR Addendum .......................................................................................................... 1‐1

1.1 Purpose of the Addendum ............................................................................................... 1‐1

1.2 Previous Environmental Studies ...................................................................................... 1‐1

1.3 Scope of the Addendum .................................................................................................. 1‐1

1.4 Project Description .......................................................................................................... 1‐2

1.5 Longfin Smelt (Spirinchus thaleichthys) ........................................................................... 1‐3

1.6 Cumulative Impacts ......................................................................................................... 1‐6

Chapter 2 Persons Consulted and List of Preparers ............................................................................ 2‐1

2.1 ICF International .............................................................................................................. 2‐1

Chapter 3 References ........................................................................................................................ 3‐1


ii March 2013ICF 00882.09

Figures

Follows Page

1 Project Site ................................................................................................................................. 1‐2


iii March 2013ICF 00882.09

Acronyms and Abbreviations

CEQA CaliforniaEnvironmentalQualityActCESA CaliforniaEndangeredSpeciesActDFW CaliforniaDepartmentofFishandWildlifeEIR environmentalimpactreportLFS LongfinsmeltNMFS NationalMarineFisheriesServiceProject SanFrancisquitoCreekFloodReduction,EcosystemRestoration,and

RecreationProjectSanFranciscoBaytoHighway101SCVWD SantaClaraValleyWaterDistrictSFCJPA SanFrancisquitoCreekJointPowersAuthoritySLR SeaLevelRise


1‐1 March 2013ICF 00882.09

Chapter 1 Final EIR Addendum #1

1.1 Purpose of the Addendum TheCaliforniaEnvironmentalQualityAct(CEQA)recognizesthatbetweenthedateaprojectisapprovedandthedateaprojectisconstructed,oneormoreofthefollowingchangesmayoccur:1)thescopeoftheprojectmaychange,2)theenvironmentalsettinginwhichtheprojectislocatedmaychange,3)certainenvironmentallaws,regulations,orpoliciesmaychange,and4)previouslyunknowninformationmaybedisclosed.CEQArequiresthatleadagenciesevaluatethesechangestodeterminewhetherornottheyaresignificant.

ThemechanismforassessingthesignificanceofthesechangesisfoundinCEQAGuidelinesSections15162–15164.Ifthechangesinvolvenewsignificantenvironmentaleffectsorasubstantialincreaseintheseverityofpreviouslyidentifiedsignificanteffects,furtherenvironmentalreview(intheformofaSubsequentorSupplementalEnvironmentalImpactReport)wouldbewarrantedperCEQAGuidelinesSection15162and15163.Ifthechangesdonotmeetthesecriteria,thenanAddendumperCEQAGuidelinesSection15164ispreparedtodocumentanyminorcorrectionstotheEnvironmentalImpactReport(EIR).CEQAdoesnotrequirethatanAddendumbecirculatedforpublicreview.

1.2 Previous Environmental Studies TheSanFrancisquitoCreekFloodReduction,EcosystemRestoration,andRecreationProjectwasevaluatedinanEnvironmentalImpactReportpreparedpursuanttotherequirementsofCEQA.TheDraftEIRwascirculatedfora45‐daypublicreviewperiodfromJuly30,2012throughSeptember13,2012.ThefinalEIR(FEIR)wascertifiedonOctober25,2012.TheCaliforniaDepartmentofFishandWildlife(DFW)commentedthatlongfinsmeltwerenotaddressedintheFEIR.ThisaddendumaddressesthepotentialforlongfinsmeltintheProjectarea,notpreviouslyanalyzedintheEIR.

1.3 Scope of the Addendum ThescopeoftheAddendumislimitedtoanevaluationoftheenvironmentalimpactsoftheproposedProjectonlongfinsmelt.TheDraftEIRdidnotevaluatethepotentialforlongfinsmelttooccurintheProjectreach.Inaddition,DFW’sDEIRcommentletterofSeptember26,2012didnotraiseanyconcernsregardingthespecies.InitialconcernsregardinglongfinsmeltwerebroughtforwardbyDFWRegulatoryStaffonFebruary28,2013.TheSanFrancisquitoCreekJointPowersAuthority(SFCJPA)decidedtoprepareanaddendumtoaddresstheissue,givenapreliminarydeterminationthatthepotentialpresenceofthespecieswouldnotresultinpreviouslyunidentifiedsignificantimpacts.

San Francisquito Creek Joint Powers Authority Environmental Analysis


1‐2 March 2013ICF 00882.09

1.4 Project Description TheProjectdescriptionremainsthesameasdescribedinChapter2,ProjectDescription,oftheFinalEIR(FEIR)(ICFInternational2012).ImpactsonlongfinsmeltareanalyzedaccordingtotheProjectdescription.

Insummary,toguideanyreaderwhoencountersthisaddendumunderseparatecover,theProjectisfocusedonthemainstemofSanFrancisquitoCreek,thelastrelativelyunalteredurbancreeksystemintheSouthBay.TheProjectwouldultimatelyimprovechannelcapacityforCreekflowscoupledwiththeinfluenceofthetidesofSanFranciscoBay,includingprojectedSeaLevelRise(SLR),fromthedownstreamfaceofEastBayshoreRoadtoSanFranciscoBay.ItwouldreducelocalfluvialfloodrisksintheProjectareaduringstormevents,providethecapacityneededforfutureupstreamimprovements,increaseandimproveecologicalhabitat,andprovideforimprovedrecreationalopportunities.

IncreasingSanFrancisquitoCreek’scapacityfromSanFranciscoBaytoEastBayshoreRoadwouldbeachievedby:

DegradingaportionofanunmaintainedleveedownstreamofFriendshipBridgetoallowfloodflowsfromtheCreekchannelintothePaloAltoBaylandsPreservenorthoftheCreek.

Excavatingsedimentdepositswithinthechanneltomaximizeconveyance.

Rebuildingleveesandrelocatingaportionofthesouthernleveetowidenthechanneltoreduceinfluenceoftidesandincreasechannelcapacity.

ConstructingfloodwallsintheupperreachtoincreasecapacityandmaintainconsistencywithCaltrans’enlargementoftheU.S.101/EastBayshoreRoadBridgeoverSanFrancisquitoCreek.

MajorProjectelementsinclude:

AnoverflowterraceatmarshelevationadjacenttotheBaylandsPreserve.

LeveesetbackandimprovementstowidenthechannelandincreaseleveeheightandstabilitybetweenEastPaloAltoandthePaloAltoGolfCourse.

FloodwallsintheupperreachdownstreamofEastBayshoreRoad.

ExtensionofFriendshipBridgeviaaboardwalkacrossnewmarshlandwithinthewidenedchannel.

Figure1showstheProjectlocation.

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1‐3 March 2013ICF 00882.09

1.5 Longfin Smelt (Spirinchus thaleichthys)

Environmental Setting

Longfinsmeltislistedasstatethreatened(April9,2010).LongfinsmeltareknowntooccurinthetidalreachesofSouthBaysloughs.AdultdistributionismostwidespreadinthewinterandspringintheSouthBay,andoccurrenceintidalreachesseemstobecorrelatedtohighoutflowyears.InFebruary2010,highnumbersoflongfinsmeltwerefoundinCoyoteCreek,AlvisoSlough,andnearbysaltponds(Rosenfield2009).

InDecember2010andFebruary2011andfromOctober2011toMarch2012,longfinsmeltwerecapturedonlyintheAlvisoMarshcomplex.Longfinsmeltweretheseventhmostabundantspeciesintrawlsduringthatperiodandwerecapturedinallmajorsloughsandtributarysloughswithinthecomplex.LongfinabundancepeakedinDecemberofbothyears(2010and2011)andonlythelarger,reproductivelymatureadultsremainedwithinthemarshthroughMarch2012.DespitegravidadultsmeltbeingcapturedwithintheAlvisoMarshcomplex,larvalfishsurveysoftheareadidnotindicatesuccessfulspawningoccurredineitherthewinterof2010–2011or2011–2012(BuckmasterandHobbs2012).

SpawningadultswerecapturedfromMedfordIslandintheSanJoaquinRiver,northtoUpperCacheSloughandtheSacramentoDeepWaterShipChannel(Moyle2002).Therefore,itisunlikelyspawningoccursintheSouthBay.Larvalandjuveniledistributionspreadsoutinhighflowyears.Inhighflowyears,larvaearefoundthroughouttheBayfromtheSouthBaythroughtheWestDelta.ThegreatestconcentrationsarefoundinSanPabloandSuisunBayearlyintheseasonandthenlaterintheCentralBay(Rosenfield2009).

Methods and Significance Criteria

InaccordancewiththeFEIR(ICFInternational2012),impactsonvegetationandwildlifewereanalyzedbasedonexistingbiologicalconditionsandresourcespresentateachProjectelementsiteandareviewofthecurrentworkingdesignfortheproposedProjectelements.

Forthepurposesofthisanalysis,animpactwasconsideredtobesignificantandtorequiremitigationifitwouldresultinanyofthefollowing.

Adverseeffectsonpopulationsofanyspecial‐statusplantorwildlifespeciesasaresultofdirectmortality,injury,ordisturbance;ordegradation,modification,orlossofhabitat.

Adverseeffectsonpopulationsofcommonorspecial‐statuswildlifespeciesasaresultofobstructionofmovementroutesormigratorycorridorsusedbyanynativeresidentormigratoryfishorwildlifespecies,orimpedanceoftheuseofnativewildlifebreedinghabitatornurserysites.

Lossordegradationofwetlandhabitatthroughdirectremoval,filling,hydrologicinterruption,orotherdirectorindirectmeans.

Lossordegradationofriparianhabitat.

Conflictwithanylocalpolicyorordinanceprotectingbotanicalorwildliferesources.



1‐4 March 2013ICF 00882.09

Potentialtoconflictwithanadoptedconservationplan(includingbutnotlimitedtohabitatconservationplansandnaturalcommunityconservationplans)isusuallyalsoidentifiedasasignificantimpactunderCEQA.However,noHCPorNCCPthatwouldcovertheProjectsiteisapprovedorinpreparation.Hence,theproposedProjectwouldnotresultinsuchconflicts,andthisissueisnotaddressedfurther.

Disturbance of Longfin Smelt and Suitable Habitat

DisturbanceofLongfinSmeltandSuitableHabitat

ProjectElement ConstructionImpactLevelOperationandMaintenanceImpactLevel

AllProjectelements LessthanSignificantwithMitigation

NoImpact

Construction

AdultandlarvaelongfinsmeltareknowntooccurintheSouthBayinthewinterandspringduringhighoutflowyearsandareprevalentintheAlvisoMarshcomplex.ItisunknowniflongfinsmeltuseSanFrancisquitoCreek.ConstructionactivitiesforeachProjectelementwouldoccurnearsuitablehabitatforthespeciesandcoulddisturbanyindividualspresentinSanFrancisquitoCreek.Ifthespeciesweretooccurinreachesnearproposedconstructionactivities,thehealthofindividualscouldbeimpairedbydecreasedwaterquality(e.g.,spillsoffuelsorchemicalsorincreasedturbidity).Contaminantexposurecouldincreasesusceptibilitytodisease.However,longfinsmeltshowapreferenceforturbidwatersandareadaptedtoturbidwatersandchangingwaterclarity.Higherdensitiesoflongfinsmeltarefoundinmoreturbidwaters,wheretheymaybeseekingrefugefrompredators(Hobbs2009).RemovalofvegetationalongthecreekchannelisaproposedProjectactivitythatcouldaffectlongfinsmelthabitat.

LongfinsmeltwillbeprotectedduringconstructionbyProjectenvironmentalcommitmentstoprotectbiologicalresources,detailedintheFEIR,Chapter2,ProjectDescription.Theenvironmentalcommitmentsincludewaterqualityprotectionmeasuresandevaluatingthestreamandnativeaquaticvertebrates.Further,implementationofFEIRMitigationMeasuresBIO2.1–DevelopandImplementWorkerAwarenessTrainingandBIO9.1–ImplementAvoidanceMeasuresforSteelheadTroutPriortoConstructionActivitieswouldreducethisimpacttoaless‐than‐significantlevel.BIO2.1wouldberevisedtoincludeawarenessoflongfinsmeltandthespecies’potentialtooccurintheProjectareaduringhighoutflowyears.(Revisionsareshownwithunderscore.)

MitigationMeasureBIO2.1—DevelopandImplementWorkerAwarenessTraining

Priortoconstruction,WorkerAwarenessTrainingmustbeconductedtoinformconstructionworkersoftheirresponsibilitiesregardingsensitiveenvironmentalresources.Thetrainingwillincludeenvironmentaleducationaboutthewesternpondturtles,nestingraptorsandmigratorybirds,westernburrowingowl,Californiaclapperrail,Californiablackrail,saltmarshharvestmouse,saltmarshwanderingshrew,Californialeasttern,westernsnowyplover,Californiared‐leggedfrog,SanFranciscogartersnake,longfinsmelt,andsteelhead,aswellassensitivehabitat



1‐5 March 2013ICF 00882.09

(e.g.,in‐streamhabitat,riparianhabitat,wetlands).Thetrainingwillincludevisualaidstoassistinidentificationofregulatedbiologicalresources,actionstotakeshouldprotectedwildlifebeobservedwithintheProjectarea,andpossiblelegalrepercussionsofimpactingsuchregulatedresources.

MitigationMeasureBIO9.1—ImplementAvoidanceMeasuresforLongfinSmeltandSteelheadTroutPriortoConstructionActivities

LongfinsmeltworkwindowsareJunetoOctoberinSouthSanFranciscoBay(LTMS2004),whichcoincideswiththeworkwindowforsteelhead.Noin‐channelconstructionactivitieswilltakeplacewhenlongfinsmeltmaybeintheSouthBayarea(October1–May31),toreducethelikelihoodthatlongfinsmeltarepresentduringconstructionactivities.Thiswindowincludesthesteelheadmigrationperiod(October1–April30),toreducethelikelihoodthatsteelheadarepresentduringconstructionactivities.

Aqualifiedfisheriesbiologist,approvedbytheNationalMarineFisheriesService(NMFS),willsurveytheconstructionarea1to2daysbeforetheProjectbegins.Ifnosurfacewaterispresentintheimmediateconstructionarea,fishwillnotberelocated.Ifwaterispresent,thefollowingprocedureswillbeimplemented.

Beforeaworkareaisdewatered,fishwillbecapturedandrelocatedtoavoidinjuryandmortalityandminimizedisturbance.

Beforefishrelocationbegins,aqualifiedfisheriesbiologistwillidentifythemostappropriatereleaselocation(s).Releaselocationsshouldhavewatertemperaturessimilartothecapturelocationandofferamplehabitatforreleasedfish,andshouldbeselectedtominimizethelikelihoodthatfishwillreentertheworkareaorbecomeimpingedontheexclusionnetorscreen.AtthistimetheopenreachbelowtheProjectsiteisanticipatedtohavesuitableconditionsforrelocation.

Seiningordipnettingwillbeutilizedtokeepstressandinjurytofishataminimum.GiventhesalinityoftheProjectreach,electrofishingwillnotbeutilized.

Totheextentfeasible,relocationwillbeperformedduringmorningperiods.Watertemperatureswillbemeasuredperiodically,andrelocationactivitieswillbesuspendedifwatertemperatureexceeds18°C(NationalMarineFisheriesService2000).

Handlingofsmeltandsalmonidswillbeminimized.Whennecessary,personnelwillwethandsornetsbeforetouchingfish.

Fishwillbeheldtemporarilyincool,shadedwaterinacontainerwithalid.Overcrowdingincontainerswillbeavoided.Fishwillberelocatedpromptly.IfwatertemperaturereachesorexceedsNMFSlimits,fishwillbereleasedandrelocationoperationswillcease.

Iffishareabundant,capturewillceaseperiodicallytoallowreleaseandminimizethetimefishspendinholdingcontainers.

Fishwillnotbeanesthetizedormeasured.However,theywillbevisuallyidentifiedtospecieslevel,andyearclasseswillbeestimatedandrecorded.

ReportsonfishrelocationactivitieswillbesubmittedtoDFWandNMFSwithin30daysofcompletion.



1‐6 March 2013ICF 00882.09

Ifmortalityduringrelocationexceeds5%ormortalityofanyStateorFederallylistedspeciesoccurs,relocationwillceaseandDFWandNMFSwillbecontactedimmediatelyorassoonasfeasible.

Fishrelocationeffortswillbeperformedconcurrentwiththeinstallationofthediversionandwillbecompletedbeforethechannelisfullydewatered.Thefisheriesbiologistwillperformasecondsurvey1to2daysfollowingtheinstallationofthediversiontoensurethatfishhavebeenexcludedfromtheworkarea,andspotcheckswillbeperformedatleastbiweeklywhilethediversionisinplace.

Operation and Maintenance

AsdiscussedinChapter2,ProjectDescription,oftheFEIR,allfacilitiesmaintenanceimprovedbytheProjectislocatedinuplandareasandwouldtakeplaceundertheSantaClaraValleyWaterDistrict’sandEastPaloAlto’srespectivemaintenanceprograms.TheProjectwouldcreateminimalin‐channelmaintenanceneeds,primarilylimitedtomonitoringandremovalofinvasiveweeds,andwouldnotresultinnewimpactsonspecial‐statusspecies.Further,ongoingmaintenancewillbeperformedinaccordancewithProjectenvironmentalcommitments.EmergencymaintenancemaybeneededduringthelifeoftheProject,butisnotreasonablyforeseeableandwouldbesubjecttoseparateapproval.Therewouldbenonewimpact.

TheexpandedchannelandnewfloodcontrolfacilitiescouldpotentiallyaffectconditionsforrearinglongfinsmeltintheProjectreach,bycausingdegradedhabitatandpotentialentrapment.InthePhaseOnereach,wideningofthechannel,plantingofvegetationstripsnearrip‐rap,thehigherelevationmarshplainterrace,andoverflowintotheFaberTractareallanticipatedtocontributetovariedvelocitiesandcreatevelocityrefugeforrearingsteelheadduringfloodevents.Thesechangesinvelocitiesareanticipatedtobebeneficialtolongfinsmeltaswell.Conservatively,noimpact,beneficialorotherwise,isassumed.InthePhaseTworeach,channelexcavationandtheinstallationoffloodwallsareanticipatedtohavenoappreciablenetimpactonin‐channelvelocitiesorin‐channelrefugeforlongfinsmelt.Themarshplainbenchesandterracearedesignedtoslopebackintothelow‐flowchannelandwouldnotentraplongfinsmelt.DistributarychannelsintheFaberTractprovidepathwaysforrearingsmeltmovementthatwouldprevententrapmentofjuvenilespassedintotheFaberTractduringhighflowevents.Overall,whileconditionsareanticipatedtoimprove,thebenefitsforlongfinsmeltrearingcannotbefullyguaranteed,andaccordingly,noimpactisconservativelyassumed.

1.6 Cumulative Impacts AsdiscussedintheFEIR,Section3.3,BiologicalResources,constructionoftheproposedProjecthasthepotentialtoresultinsignificantimpactsonseveralspecial‐statusspecies.However,theSFCJPAhasadoptedacomprehensivesuiteofmitigationmeasuresthatareexpectedtoreducetheProject’simpactsonbiologicalresourcestotheextentfeasible;residualimpacts,ifany,arenotexpectedtobecumulativelyconsiderable.Nofurtheranalysisisrequired.TheProjectwouldresultinanetgainofmarshhabitat.


2‐1 March 2013ICF 00882.09

Chapter 2 Persons Consulted and List of Preparers

AnenvironmentalstudyteamledbyICFInternationalundercontracttotheSFCJPApreparedthisEnvironmentalImpactReportAddendum.TheanalyseswerecoordinatedprimarilywithKevinMurray,ProjectManagerattheSFCJPAandMichaelMartinattheSantaClaraValleyWaterDistrict.

2.1 ICF International KevinMacKay ProjectDirector

MatthewJones ProjectManager

DonnaManiscalco BiologicalResources,Fisheries

HeatherWhite FigurePreparation


3‐1 March 2013ICF 00882.09

Chapter 3 References

Buckmaster,N.andJ.A.Hobbs.2012.MonitoringtheResponseofFishCommunitiestoSaltPondRestoration:FinalReport.PreparedforSouthBaySaltPondRestorationProgramandResourceLegacyFund.RegentsoftheUniversityofCalifornia.

Hobbs,J.A.2009.SpecialStudiesRelevanttoDredgingImpactsonLongfinSmelt.Greensturgeon,LongfinSmelt,andDredgingOperationsSymposium.SanFranciscoEstuaryInstitute,Oakland,CA.

ICFInternational.2012.SanFrancisquitoCreekFloodReduction,EcosystemRestoration,andRecreationProject.SanFranciscoBaytoHighway101.Final.October.(ICF#00882.09).PreparedforSanFrancisquitoCreekJointPowersAuthority,MenloPark,CA.

Moyle,P.B.2002.InlandFishesofCalifornia.2ndedition.Berkeley,CA:UniversityofCaliforniaPress.

Rosenfield,J.A.2009.DistributionandAbundanceTrendsofLongfinSmeltintheSanFranciscoEstuary.Greensturgeon,LongfinSmelt,andDredgingOperationsSymposium.SanFranciscoEstuaryInstitute,Oakland,CA.

Agenda Item 5.d.

Approve a Local Conflict of Interest Code

MN, RICHARDS WATSON GERSHON We ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION

44 Montgomery Street, Suite 3800, San Francisco, California 94104-4811

Telephone 415,421.8484 Facsimile 415,421.8486

MEMORANDUM

TO: Chair and Board Members

Cc: Len Materman, Executive Director

FROM: Greg Stepanicich, General Counsel

DATE: April 25, 2013

SUBJECT: Local Conflict of Interest Code

The Political Reform Act (Government code Section 81000 et seq.) provides for local public agencies, including joint powers authorities, to adopt local conflict of interest codes. As the San Francisquito Creek Joint Powers Authority moves forward with significant projects, it is particularly appropriate at this time for a local conflict of interest code to be adopted.

The Fair Political Practices Commission has adopted a regulation that contains the terms of a Model Conflict of Interest Code. We recommend that the Board of Directors adopt its local Conflict of Interest Code based on the Model Code. This action can be taken by resolution.

Although the Board members already file financial disclosure statements with their member agencies under the Political Reform Act, a separate disclosure statement will be required under the Authority's Conflict Code since the jurisdiction of the Authority is geographically larger than the jurisdiction of each member agency. In the alternative, the FPPC allows the members of the Board to file an expanded combined statement that covers reportable interests in both jurisdictions, provided that a copy of such expanded statement is filed with both jurisdictions and each copy is signed as an original. In addition the Conflict Code requires the Executive Director, General Counsel, Program Manager and Fiscal Agent to file financial disclosure statements An initial financial disclosure statt.ini,_Tit must be tiled within 30 days aft(-"r

_,fl IL ode i6 • n . ‘Li by Apr 1 cacl Ic stateme c filed with ti .rector.

the Authority or within tne itillsdiC11011. Other than 1 per.(naI 1 . i.2-:1LiCHCC.

2. Income Irom persons or businesses coniracting with or providing services to the Authority.

RICHARDS WATSON1GERSHON ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION

MEMORANDUM

Chair and Board Members April 25, 2013 Page 2

Investment in a business contracting with or providing services to the Authority.

4. A business position with a business contracting with or providing services to the Authority.

Recommendation: Adopt Resolution approving the Conflict of Interest Code.

RESOLUTION NO. 13-4-25

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY ADOPTING A CONFLICT OF INTEREST CODE

THE BOARD OF DIRECTORS OF THE SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:

Section 1. The Political Reform Act (Government Code Section 81000, et seq.) provides for state and local government agencies, including the San Francisquito Creek Joint Powers Authority, to adopt and promulgate conflict of interest codes.

Section 2. The Fair Political Practices Commission (the "FPPC") has adopted a regulation that contains the terms of a Model Conflict of Interest Code (the "Model Code"). The Model Code, codified at 2 California Code of Regulations Section 18730, can be incorporated by reference by the Authority as its conflict of interest code. After public notice and hearing, the FPPC may amend the Model Code to conform to amendments to the Political Reform Act.

Section 3. The Model Code, attached hereto as Exhibit "A," and any amendments to it duly adopted by the FPPC, are hereby incorporated into the conflict of interest code of this Authority by reference. This regulation and the attached Appendices designating officials and employees and establishing economic disclosure categories shall constitute the Conflict of Interest Code for the San Francisquito Creek Joint Powers Authority.

Section 4. All officials and employees required to submit a statement of economic interests shall file their statements with the Executive Director or his or her designee. The 1-7<ecutive Director shall make and retain a copy of all statements filed

ic..!nais of such Ftaten- ,.- n::; the Fair Commission. lined statements, original or copied, shall be available for p lic inspection and

ion ode Sect

CALIU1 1 \ G V yc

Irrnrriance -er.piirr„ . ertinncR 871n,.

I he revised Code should reflect an changes emplo'y'ed des . gnations. If no evisions to the Code are required. the Authority shall submit a report to the Fair Political Practices Commission no later than October 1st of the same year, stating that amendments to the Code are not require

Section 6. The Executive Director is directed to certify to the passage and adoption of this resolution.

PASSED AND ADOPTED this 25th day of April, 2013.

CHAIR

ATTEST:

EXECUTIVE DIRECTOR

APPROVED AS TO FORM:

GENERAL COUNSEL

SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY

EXHIBIT "A"

FPPC MODEL CODE

(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California

Code of Regulations)

§ 18730. Provisions of Conflict of Interest Codes.

(a) Incorporation by reference of the terms of this regulation along with the

designation of employees and the formulation of disclosure categories in the Appendix

referred to below constitute the adoption and promulgation of a conflict of interest code

within the meaning of Section 87300 or the amendment of a conflict of interest code

within the meaning of Section 87306 if the terms of this regulation are substituted for

terms of a conflict of interest code already in effect. A code so amended or adopted and

promulgated requires the reporting of reportable items in a manner substantially

equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act,

Sections 81000, et seq . The requirements of a conflict of interest code are in addition to

other requirements of the Political Reform Act, such as the general prohibition against

conflicts of interest contained in Section 87100, and to other state or local laws

pertaining to conflicts of interest.

(b) The terms of a conflict of interest code amended or adopted and promulgated

pursuant to this regulation are as follows:

-ction

Emplc-

The persons holding positions listed in the Appendix are designated employees.

It has been determined that these persons make or participate in the making of

decisions which may foreseeably have a material effect on economic interests.

(3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated

employees who are also specified in Section 87200 if they are designated in this code in

that same capacity or if the geographical jurisdiction of this agency is the same as or is

wholly included within the jurisdiction in which those persons must report their economic

interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200,

et seq .

In addition, this code does not establish any disclosure obligation for any

designated employees who are designated in a conflict of interest code for another

agency, if all of the following apply:

(A) The geographical jurisdiction of this agency is the same as or is wholly

included within the jurisdiction of the other agency;

(B) The disclosure assigned in the code of the other agency is the same as that

required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and

thf:.

Or ,,nt of econom _

inteests h- she has vitlicn are of kiho descrioec in tne diSCiOSUI e categor,

which he or she is assigned in the Appendix. It has been determined that the economic

interests set forth in a designated employee's disclosure categories are the kinds of

economic interests which he or she foreseeably can affect materially through the

conduct of his or her office.

(4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code

to file statements of economic interests with the agency or with the code reviewing

body, as provided by the code reviewing body in the agency's conflict of interest code.2

(5) Section 5. Statements of Economic Interests: Time of Filing.

(A) Initial Statements. All designated employees employed by the agency on the

effective date of this code, as originally adopted, promulgated and approved by the

code reviewing body, shall file statements within 30 days after the effective date of this

code. Thereafter, each person already in a position when it is designated by an

amendment to this code shall file an initial statement within 30 days after the effective

date of the amendment.

(B) Assuming Office Statements, All persons assuming designated positions after

the effective date of this code shall file statements within 30 days after assuming the

'ated positions. or if subject to State Senate confirmation. 30 days after being

or annomtpri

, :lief Act, th,..

his o r her return to . -,r- son or s:)rneone uthonzeci to

represent the person's interests, notifies the filing officer in writing prior to the applicable

filing deadline that he or she is subject to that federal statute and is unable to meet the

applicable deadline, and provides the filing officer verification of his or her military

status.

(D) Leaving Office Statements. All persons who leave designated positions shall

file statements within 30 days after leaving office.

(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days

of the date of notice provided by the filing officer to file an assuming office statement, is

not deemed to have assumed office or left office, provided he or she did not make or

participate in the making of, or use his or her position to influence any decision and did

not receive or become entitled to receive any form of payment as a result of his or her

appointment. Such persons shall not file either an assuming or leaving office statement.

(A) Any person who resigns a position within 30 days of the date of a notice from

the filing officer shall do both of the following:

(1) File a written resignation with the appointing power; and

(2) File a written statement with the filing officer declaring under penalty of

perjury th

ig the period -itment and resignation he or she did not

Lica

Section 6, Contents of and P- of Economic

rIel esIs

(A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real

property and business positions held on the effective date of the code and income

received during the 12 months prior to the effective date of the code.

(B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests

in real property and business positions held on the date of assuming office or, if subject

to State Senate confirmation or appointment, on the date of nomination, and income

received during the 12 months prior to the date of assuming office or the date of being

appointed or nominated, respectively.

(C) Contents of Annual Statements. Annual statements shall disclose any

reportable investments, interests in real property, income and business positions held or

received during the previous calendar year provided, however, that the period covered

by an employee's first annual statement shall begin on the effective date of the code or

the date of assuming office whichever is later, or for a board or commission member

subject to Section 87302.6, the day after the closing date of the most recent statement

filed by the member pursuant to Regulation 18754.

(D) Co t n ts of Leavin ents.

ffirc. cfmtc

Statements of economic interests shall be made on forms prescribed by the Fair

Political Practices Commission and supplied by the agency, and shall contain the

following information:

(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4

the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a

general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real

property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds

$1,000,000.

(B) Personal Income Disclosure. When personal income is required to be

reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in

value, or $50 or more in value if the income was a gift, and a general description of the

business r. of ea

r thn

'6'16 hme was rc:::

4. In the case of a gift, the name, address and business activity of the donor and

any intermediary through which the gift was made; a description of the gift; the amount

or value of the gift: and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for

the loan and the term of the loan.

(C) Business Entity Income Disclosure. When income of a business entity,

including income of a sole proprietorship, is required to be reported,6 the statement

shall contain:

1. The name, address, and a general description of the business activity of the

business entity;

2. The name of every person from whom the business entity received payments

if the filer's pro rata share of gross receipts from such person was equal to or greater

than $10,000.

(D) Business Position Disclosure. When business positions are required to be

reported, a designated employee shall list the name and address of each business

entity in which he or she is a director, officer, partner, trustee, employee, or in which he

or she holds any position of management, a description of the business activity in which

ss entity is engaged, and the designated employee's position with the

,d of di,: L

st1ennt stia,i tne date ",.3...S.CIL:IS UM or d:s;Josd

(8) Section 8. Prohibition on Receipt of Honoraria.

(A) No member of a state board or commission, and no designated employee of

a state or local government agency, shall accept any honorarium from any source, if the

member or employee would be required to report the receipt of income or gifts from that

source on his or her statement of economic interests. This section shall not apply to any

part-time member of the governing board of any public institution of higher education,

unless the member is also an elected official.

Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in

this section.

This section shall not limit or prohibit payments, advances, or reimbursements for

travel and related lodging and subsistence authorized by Section 89506.

(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $440.

(A) No member of a state board or commission, and no designated employee of

a state or local government agency, shall accept gifts with a total value of more than

$440 in a calendar year from any single source, if the member or employee would be

required to report the receipt of income or gifts from that source on his or her statement

of economic interests. This section shall not apply to any part-time member of the

g v of any public inci 'higher education, unless the member is also

an E

this

:'s to Public.

to S'jbdiVI S ICI1S and ■ qi of S cori 4 of A tr'10 Co n stitution shaiL

(A) No elected officer of a state or local government agency shall, from the date

of his or her election to office through the date that he or she vacates office, receive a

personal loan from any officer, employee, member, or consultant of the state or local

government agency in which the elected officer holds office or over which the elected

officer's agency has direction and control.

(B) No public official who is exempt from the state civil service system pursuant

to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,

while he or she holds office, receive a personal loan from any officer, employee,

member, or consultant of the state or local government agency in which the public

official holds office or over which the public official's agency has direction and control.

This subdivision shall not apply to loans made to a public official whose duties are solely

secretarial, clerical, or manual.

(C) No elected officer of a state or local government agency shall, from the date

of his or her election to office through the date that he or she vacates office, receive a

personal loan from any person who has a contract with the state or local government

agency to which that elected officer has been elected or over which that elected officer's

agency has direction and control. This subdivision shall not apply to loans made by

iy indebtedness created a

while he or she holds office, receive a personal loan from any person who has a

contract with the state or local government agency to which that elected officer has

been elected or over which that elected officer's agency has direction and control. This

subdivision shall not apply to loans made by banks or other financial institutions or to

any indebtedness created as part of a retail installment or credit card transaction, if the

loan is made or the indebtedness created in the lender's regular course of business on

terms available to members of the public without regard to the elected officer's official

status. This subdivision shall not apply to loans made to a public official whose duties

are solely secretarial, clerical, or manual.

(E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for

elective office.

2. Loans made by a public official's spouse, child, parent, grandparent,

grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece,

aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person

making the loan is not acting as an agent or intermediary for any person not otherwise

exempted under this section.

,ns from a person which, ir e aggregate, do not exceed five hundred

at an'

se'

lo elected office

e on the ciate office tni ougri the date

he or she vacates office, receive a personal loan of $500 or more, except when the loan

is in writing and clearly states the terms of the loan, including the parties to the loan

agreement, date of the loan, amount of the loan, term of the loan, date or dates when

payments shall be due on the loan and the amount of the payments, and the rate of

interest paid on the loan.

(B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent,

grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law,

nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided

that the person making the loan is not acting as an agent or intermediary for any person

not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998.

(C) Nothing in this section shall exempt any person from any other provision of

Title 9 of the Government Code.

(8.4) Section 8.4. Personal Loans.

(A) Except as set forth in subdivision (B), a personal loan received by any

designated employee shall become a gift to the designated employee for the purposes

of this section in the following circumstances:

ir - cr' ‘f trka

a. The date the loan was made.

b. The date the last payment of $100 or more was made on the loan.

c. The date upon which the debtor has made payments on the loan aggregating

to less than $250 during the previous 12 months.

(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate

for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on

which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on

which the creditor, based on reasonable business considerations, has not undertaken

collection action. Except in a criminal action, a creditor who claims that a loan is not a

gift on the basis of this paragraph has the burden of proving that the decision for not

taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately

discharged in bankruptcy.

, thing in this section shall exempt any person from any other provisions of

to use k official position to influence the making of any governmental clecisic..

11 ,0'S ' n dye a reason:,-

material financial effect, distinguishable from its effect on the public generally, on the

official or a member of his or her immediate family or on:

(A) Any business entity in which the designated employee has a direct or indirect

investment worth $2,000 or more;

(B) Any real property in which the designated employee has a direct or indirect

interest worth $2,000 or more;

(C) Any source of income, other than gifts and other than loans by a commercial

lending institution in the regular course of business on terms available to the public

without regard to official status, aggregating $500 or more in value provided to, received

by or promised to the designated employee within 12 months prior to the time when the

decision is made;

(D) Any business entity in which the designated employee is a director, officer,

partner, trustee, employee, or holds any position of management; or

(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts

aggregating $440 or more provided to, received by, or promised to the designated

employee within 12 months prior to the time when the decision is made.

(9.3) Section 9.3, Legally Required Participation,

No de .mployee shall be prevented from making or participating in the

aytPnt hic nr

purposes of this sec: .

C scu fcaioct Ot7icers

In addition to the general disqualification provisions of section 9, no state

administrative official shall make, participate in making, or use his or her official position

to influence any governmental decision directly relating to any contract where the state

administrative official knows or has reason to know that any party to the contract is a

person with whom the state administrative official, or any member of his or her

immediate family has, within 12 months prior to the time when the official action is to be

taken:

(A) Engaged in a business transaction or transactions on terms not available to

members of the public, regarding any investment or interest in real property: or

(B) Engaged in a business transaction or transactions on terms not available to

members of the public regarding the rendering of goods or services totaling in value

$1,000 or more.

(10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that he or she should not make a

governmental decision because he or she has a disqualifying interest in it, the

determination not to act may be accompanied by disclosure of the disqualifying interest.

(11) Section 11. Assistance of the Commission and Counsel.

Any desic € 10 is unsure of his or her duties under this code may

fom- rmal opinion.

This code has the force and effect of law. Designated employees violating any

provision of this code are subject to the administrative, criminal and civil sanctions

provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in

relation to which a violation of the disqualification provisions of this code or of Section

87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.

1 Designated employees who are required to file statements of economic interests

under any other agency's conflict of interest code, or under article 2 for a different

jurisdiction, may expand their statement of economic interests to cover reportable

interests in both jurisdictions, and file copies of this expanded statement with both

entities in lieu of filing separate and distinct statements, provided that each copy of such

expanded statement filed in place of an original is signed and verified by the designated

employee as if it were an original. See Section 81004.

2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons

In agencies who make and retain copies of statements and forward the originals to the

filing officer.

3 For the purpose of disclosure only (not disqualification), an interest in real property

does not include the principal residenc ,

inclb held by the ndiyidual's spouse and ident childrei as

itJ

-ne.ss 0 ri.:st

which the individual, spouse and dependent children own, in the aggregate, a direct,

indirect or beneficial interest of 10 percent or greater.

5 A designated employee's income includes his or her community property interest in

the income of his or her spouse but does not include salary or reimbursement for

expenses received from a state, local or federal government agency.

6 Income of a business entity is reportable if the direct, indirect or beneficial interest of

the filer and the filer's spouse in the business entity aggregates a 10 percent or greater

interest. In addition, the disclosure of persons who are clients or customers of a

business entity is required only if the clients or customers are within one of the

disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e),

87300-87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter

(Register 81, No 2)

thirti lereafter

-

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88,

No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes

filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42),

9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections

and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed

2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California

Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California

Code of Regulations (Register 93, No. 48), Approved by Fair Political Practices

Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for

California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94

pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number

(Register 94, No. 17).

14. Amendm ± tion (b)(8 subsection co)k8AA new

)sectio

'ial correction inserting inadvertently omitted language in footnote 4

,5ter

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1 )(A), repealer of subsection

(b)(8.1 )(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96

pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97

pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and

amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code

section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative

5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000;

operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2

and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000,

No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to CAL for filing pursuant to Fair Political Practices Commission v, Office of

Administrative L Civil C01092' alifornia Cou , ird Appellate District.

)61 77 1 C1(

footnote 4. filed 2-13-2001. Subr OAL for filing pursuant t.

1i3:t:24 ,,ahformia Co

of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC

regulations only subject to 1974 Administrative Procedure Act rulemaking requirements)

(Register 2001, No* 7)*

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of

Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,

nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12),

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B)


27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A),

(b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government

Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005


29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed

12-18-2006: c

1- '-2007. SurY suant f Thir Politicali ctic

2006

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008;

operative 11-30-2008. Submitted to CAL for filing pursuant to Fair Political Practices

Commission v. Office of Administrative Law, 3 Civil C010924, California Court of

Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC

regulations only subject to 1974 Administrative Procedure Act rulemaking requirements

and not subject to procedural or substantive review by CAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to CAL for filing pursuant to Fair Political Practices Commission v. Office of

Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,

nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

Administrative Procedure Act rulemaking requirements and not subject to procedural or

substantive review by CAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C),

(b)(8.1)-(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative

2-7-2013. Submitted to CAL for filing pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third

Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject

ore Procedure A , quiren ts and no b . ect to


APPENDIX "A"

CATEGORY 1

Persons in this category shall disclose all interests in real property located within the jurisdiction of the San Francisquito Creek Joint Powers Authority. Real property shall be deemed to be within the jurisdiction if the property or any part of it is located within, or not more than two miles outside of, the boundaries of the jurisdiction, or within two miles of any land owned or used by the Authority.

Persons are not required to disclose property used primarily as their principal residence or any other property that they utilize exclusively as their personal residences.

CATEGORY 2

Persons in this category shall disclose reportable income from persons or business entities that have a contract with the Authority or that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority.

CATEGORY 3

Persons in this category shall disclose reportable investments in business entities that have a contract with the Authority or that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict of Interest Code, contractual services, or other services, supplies, materials or equipment of the type utilized by the Authority.

CATEGORY 4

so', ; 1,(Jory shall disclose rep bus o posit lo in business entities that have..-;ontract with the Authority or at provide, plan to provide or have

provided years frc lie a staten rt is require - — flict of

. _

CATEGOR):

Persons in this category shall disclose all business positions. investments in. or income (including gifts and loans) related to any entity that is designated as a depository for the funds of the Authority.

CATEGORY 6

For consultants who serve in a staff capacity with the Authority, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position.

For consultants who do not serve in a staff capacity, the following disclosure categories shall be used:

Persons required to disclose in this category must disclose pursuant to subcategories A, B, C, and D below unless the Executive Director determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C, or D. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and must be retained for public inspection in the same manner and at the same location as the Authority's conflict of interest code.

A. Reportable interests in real property in the jurisdiction as specified above in Category 1.

B. Reportable personal and business entity income, as specified above in Category 2.

C. Reportable investments as specified above in Category 3.

D. Reportable business positions, as specified above in Category 4.


APPENDIX "B"

Designated Positions Disclosure Categories

Voting Member of Board of Directors 1, 2, 3, 4

Voting Member of Board of Directors (Alternate) 1, 2, 3, 4

Executive Director 1, 2, 3,4

General Counsel 1, 2, 3, 4

Program Manager 1, 2, 3, 4

Fiscal Agent 5

Consultant 6

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