HomeMy WebLinkAboutItem 6f. Amendment to MOU for City-County Flood Control Collaboration Item 6f
Department: Administration
Cost Center: 5301
For Agenda of: 9/7/2021
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Freddy Otte, City Biologist
SUBJECT: AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR CITY-
COUNTY FLOOD CONTROL COLLABORATION
RECOMMENDATION
Approve an amendment to the existing Memorandum of Understanding between the City
of San Luis Obispo and the County of San Luis Obispo, as administrator of the Zone 9
Flood Control and Water Conservation District (“Zone 9”), in order to provide funding
support in the amount of $60,000 for additional vegetation management activities in San
Luis Obispo Creek Watershed.
DISCUSSION
Background
The Zone 9 Flood Control and Water Conservation District was formed in 1973 in
response to historic flooding events. It encompasses the entire San Luis Obispo Creek
watershed and its tributaries, which fall within the San Luis Obispo city limits. Zone 9
collects parcel tax revenue that is used to conduct flood control planning and projects, as
well as watershed management and enhancement projects. The County of San Luis
Obispo is the administrator for Zone 9 and enjoys active participation from the appointed
Advisory Committee (the “Committee”) and regular collaboration with the City.
The City has an existing vegetation management program funded through Zone 9 where
regular assessment of flood risks are identified and addressed to protect the public and
improve flows in the watershed. Recent flooding events that have occurred in the County,
but just downstream from the City, have highlighted the need to take an inter-jurisdictional
approach (Attachment C). Because the City has a pre-existing program, staffing, resource
agency permitting knowledge, and prioritizes regional resiliency, it is desirable for the
County and City to continue to collaborate and expand the vegetation management
program into County areas of Zone 9 immediately adjacent to City limits through the
proposed amendments to the existing MOU (Attachments A and B). The expansion of the
program will provide additional certainty to the City that appropriate mitigation efforts both
upstream and downstream of the City occur to help prevent flood events that could directly
impact the City.
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Item 6f
City staff developed the scope of this program with input from the Committee and County
staff. The City Biologist assisted in identifying the tasks that will help complete the
following efforts: setting up a baseline of creek conditions, identifying problematic
locations, and performing work to improve stream flows throughout the watershed.
This proposed program includes five main tasks with several subtasks (Attachment D).
These include:
Task 1 – Administrative tasks such as: assignment of duties for staff direction,
provide quarterly reports, secure Right of Entry and complete permitting
requirements as needed (County Staff Responsibility)
Task 2 – Conduct an Assessment and Develop Comprehe nsive Baseline (City
Staff Responsibility)
Task 3 – Identify Priority Locations and Develop Recommendations (City Staff
Responsibility)
Task 4 – Vegetation Maintenance and Removal Activities (City Staff
Responsibility)
Task 5 – Property Owner Assistance/Access (County Staff Responsibility)
Previous Council or Advisory Body Action
The proposed program was presented to, voted on, and approved by the Zone 9
Committee at the April 10, 2019, meeting. The attached amended MOU was presented
to the Committee and recommended for approval on August 11, 2021. The last
Memorandum of Understanding (Reimbursement Agreement) was approved by the City
Council on August 21, 2018. This updated Agreement is also going to the Board of
Supervisors on September 28th for consideration and approval.
Policy Context
General Plan Safety Element Policy: 2.1.A: The City shall develop and carry out
environmentally sensitive programs to reduce or eliminate the potential for flooding in
previously developed, flood prone areas of the City. City staff has worked with County
staff to identify these areas where work can be accomplished to advance and support this
policy. Flooding has occurred along Buckley Road many times in the past, where Prefumo
Creek comes out of the Irish Hills has experienced flooding in the past and as San Luis
Obispo Creek comes into City limits (Cuesta Park), has the potential to bring debris from
County jurisdictional areas that could impact City residents.
Public Engagement
The Zone 9 Committee is advisory body to the Board of Supervisors and has bi-monthly
meetings that are open to the public. Public comment has been received and recorded
from the Zone 9 meetings with members of the public expressing concerns about frequent
flooding in that part of the creek. Past flooding events have inundated portions of Buckley
Road near the confluence of East Fork of San Luis Obispo Creek and one of its tributaries.
Additional proactive flood control surveys and debris removal efforts have been requested
to ensure safe passage for residents along Buckley Road (Attachment E).
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Item 6f
This item is on the agenda for the September 7, 2021, City Council meeting and will follow
all required postings and notifications. The public may have an opportunity to comment
on this item at or before the meeting.
CONCURRENCE
The Public Works Director and the City Engineer concur with this program.
ENVIRONMENTAL REVIEW
The process of approving the Agreement is not a “project” as defined under the California
Environmental Quality Act (CEQA). The County is the Lead Agency for this expanded
vegetation management program outside of City limits and is therefore responsible for
ensuring compliance with CEQA as stated in the MOU. For project implementation, the
City will follow typical streambed maintenance procedures as outlined in the Waterway
Management Plan by targeting dead and down material for the initial clean up and
trimming of vegetation as needed to increase capacity in the channels. These activities
do not require permitting from the resource agencies and can be completed by contracted
crews with oversight from City/County staff. If larger, more complex vegetation
management needs to be undertaken to alleviate a debris jam or constriction point, City
staff will inform County staff and they will develop a larger project to be completed under
their Routine Maintenance Agreement with the California Department of Fish and Wildlife
and any other necessary agency as needed.
FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:
County of San Luis Obispo staff identified three areas where creeks enter or exit County
jurisdictional areas and influence the City and identified additional funding (in addition to
the annual Zone 9 funding the City receives from the County for flood control activities) in
the amount of $60,000 for maintenance efforts. A portion of this funding will support the
City’s Flood Control Technicians to complete creek surveys, identify dead material to be
removed from the creeks and other threats County staff should be aware of. The majority
of this funding will be used to hire crews (the California Conservation Corps or tree
contractors) to remove dead and down material to ensure the creeks are clear and abl e
to handle winter flows.
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Item 6f
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General
Fund
State
Federal
Fees
Other (Zone
9):
$60,000
Total $60,000 N/A N/A N/A
ALTERNATIVES
1. Request additional information or clarification prior to taking action.
2. Request further changes to the MOU amendment.
3. Deny the MOU amendment. This action is not recommended as staff have worked
in good faith to develop the Annual Work Plan in coordination with the Zone 9 Advisory
Committee.
ATTACHMENTS
A – Redline of existing Memorandum of Understanding (Reimbursement Agreement) with
County of San Luis Obispo
B – Clean copy of Memorandum of Understanding (Reimbursement Agreement) with
County of San Luis Obispo
C – Vicinity Map of County Jurisdictional Area
D – 2021/22 Annual Work Plan
E – Zone 9 Meeting Minutes of April 10, 2019
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REIMBURSEMENT AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT AND THE CITY OF SAN LUIS OBISPO FOR WATERSHED
MAINTENANCE AND EDUCATION PROGRAM
This Reimbursement Agreement (“Agreement”) is entered into on _________________________
by and between the San Luis Obispo County Flood Control and Water Conservation District
(“District”), acting on behalf of District Flood Control Zone 9 (“Zone 9”), and the City of San Luis
Obispo (“City”) (each a “Party” and collectively, “Parties”).
WHEREAS, Zone 9 includes the San Luis Obispo Creek (“Creek”) watershed (“Watershed”) and its
tributaries; and
WHEREAS, the City is located wholly within the Watershed and the Zone 9 boundaries; and
WHEREAS, by coordinating in Watershed maintenance and education activities, the City and District
can more economically address issues within the Watershed; and
WHEREAS, such a cooperative program has been successfully completed in the past pursuant to
prior reimbursement agreements between the District and City, including but not limited to the
reimbursement agreements dated September 6, 2013 and August 21, 2018 (collectively, “Prior
Agreements”) and in accordance with the Waterway Management Plan and associated
Environmental Impact Report certified by the District on February 10, 2004; and
WHEREAS, the Parties desire to continue in and expand their coordination with respect to
Watershed maintenance and education activities, both within and outside of City limits, as described
in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements
herein set forth, the District and City mutually covenant and agree as follows:
A. REIMBURSABLE EXPENSES
The City shall be eligible for reimbursement for expenses incurred by the City pursuant to the terms
and conditions set forth in this Agreement subject to the following:
1. Type of Activities Eligible for Reimbursement.
Only those activities within Zone 9 identified below are eligible for reimbursement:
Removal of debris, sediment and vegetation which adversely affect the capacity of waterways or
which might be more difficult or costly to remove if moved by flood flows to different locations
where they could cause damage to the Creek or flooding to adjacent improved property.
Removal and proper disposal of detrimental exotic plants from throughout the Watershed and any
re-vegetation project to minimize damage from flood flows or for restoration after removal of exotic
plants.
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Stabilization of Creek banks to prevent erosion causing sedimentation or property damage.
Development and construction of projects identified in the Waterway Management Plan adopted
by the City on October 21, 2003 and District by Resolution 2004-51 on February 10, 2004.
Annual notice to property owners along the Creek, and wet weather flood prevention informa tion
distributed to the general public, including flyers, public service announcements and web sites.
2. Inclusion in Work Plan.
Only those work activities properly identified in the annual Work Plan (described below) prepared
by the City and included in the District’s current fiscal year budget as adopted by the District’s Board
of Supervisors (“Board”) are eligible for reimbursement.
3. Compliance with Agreement.
Only activities performed in compliance with the provisions of this Agreement are eligible for
reimbursement.
B. OBLIGATIONS OF CITY
The City shall submit a work plan to the District for each upcomin g fiscal year, prior to December 1
of each year (“Work Plan”). The Work Plan shall include a description and budget for the work
activities proposed by the City for the upcoming fiscal year.
The City shall act as the lead agency in complying with the California Environmental Quality Act
(“CEQA”) for all work done within the City limits with the following limited exception: the City shall
act as the responsible agency in complying with CEQA for the Mid-Higuera Bypass Project.
The City shall acquire all permits for work within its jurisdiction with the following limited exception:
the City shall not be responsible for providing staffing or other resources to acquire regulatory
environmental permits for the Mid-Higuera Bypass Project.
The City shall be responsible for acquiring any landowner permission needed to accomplish any
work within its jurisdiction.
Should any work within the City involve the abatement of nuisances, the removal of trees, or other
obstructions, such shall be performed in accordance wit h due process of law under the City’s
abatement ordinances or State law. The abatement of said nuisances shall be the sole responsibility
of the City.
Any streambed clearing work identified in the Work Plan shall be carried out prior to the rainy
season with follow-up work done during the rainy season as appropriate.
The City shall comply with all applicable federal, state and local laws and regulations in performing
any activities related to this Agreement.
The City shall provide quarterly statements to the District documenting the expenses for which the
City is seeking reimbursement. Said statements shall specify the activities related to the expenses
for which the City seeks reimbursement.
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The City shall recognize and acknowledge the District’s financial contribution to the activities
identified in Section A of this Agreement through prominent mention during any oral presentation
or in writing on any signs, promotional materials, press releases, publications, advertisements, or
exhibits prepared in connection with or referring to the reimbursable activities.
C. OBLIGATIONS OF DISTRICT
District staff shall review the Work Plan submitted by the City and shall coordinate with the City to
refine the Work Plan, as appropriate, so that it is consistent with the intent of this Agreement and
the District’s budgetary plans. District staff thereafter shall prepare a draft Zone 9 budget request
for the upcoming fiscal year to include those activities that District staff considers consistent with
the intent of this Agreement and the District’s budgetary plans. The District shall include on an
agenda the draft budget request for review by the Zone 9 Advisory Committee (“Committee”) to
allow the Committee to make a recommendation to the Board regarding said budget request.
The District shall provide reimbursement to the City for eligible City expenses incurred pursuant to
this Agreement on a periodic basis as funds are available, within the budgetary limits approved by
the Board or its designee provided that the City submits satisfactory documentation of City’s
expenses and work performed.
The District shall act as the lead agency in complying CEQA for: (1) all work done by the City outside
of City limits; and (2) the Mid-Higuera Bypass Project.
The District shall be responsible for acquiring any landowner permission needed to accomplish any
work done by the City outside of City limits.
The District shall provide staffing and other resources to obtain all necessary permits for: (1) work
done by the City outside of City limits; and (2) the Mid-Higuera Bypass Project on behalf of the City
who shall be the permittee.
The City is under no obligation, and this Agreement does not contemplate, commencement of
formal nuisance abatement actions by the City outside of the City's jurisdiction.
The District shall comply with all applicable federal, state and local laws and regulations in
performing any activities related to this Agreement.
D. GENERAL TERMS
1. Term.
This Agreement shall become effective on the date fully executed by the Parties and shall have an
initial term of five (5) years. This Agreement shall renew automatically for four (4) successive five
(5) year terms. Notwithstanding the foregoing, either Party may terminate this Agreement at any
time by giving ninety (90) days written notice of termination to the other Party.
2. Indemnification for Conduct Within City Limits.
Each Party hereto shall defend, indemnify and save harm less the other Party and other Party’s
officers, agents and employees from and against all loss, claims, demands, liabilities, costs,
expenses, damages, including reasonable legal counsels’ fees and costs of litigation, causes of
action, including but not limited to inverse condemnation and judgments arising out of the
Deleted: The District shall act as the lead agency in complying
with CEQA for the Mid-Higuera Bypass Project.¶
Deleted: regulatory environmental permits
Deleted: Sole
Deleted: p
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indemnifying party’s performance or attempt to perform its obligations pursuant to the provisions
of this Agreement, including both acts and omissions to act . However, neither Party shall be
indemnified hereunder for any loss, claims, demands, liabilities, costs, expenses, damages, or causes
of action resulting from the sole negligence or willful misconduct of the other Party occurring within
City limits. .
3. Indemnification for Conduct Outside of City Limits.
4. To the fullest extent permitted by law (including, but not limited to California Civil Code
Sections 2782 and 2782.8), the District shall indemnify, defend, and hold harmless the City,
and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”),
from and against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation, arising from all
conduct by either Party outside of City limits in furtherance of the Parties’ obligations
under this Agreement. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding arising from the either Party’s conduct outside of
City limits in furtherance of its obligations under this Agreement, the District shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims.
However, the City shall be responsible for any loss, claims, demands, liabilities, costs,
expenses, damages, or causes of action resulting from the sole negligence or willful
misconduct of the City occurring outside of City limits. Cooperation.
The District agrees to cooperate with the City in the defense of any such claims or litigation, and the
City agrees to cooperate with the District.
5. Full Agreement.
This Agreement encompasses the entire agreement of the Parties, and supersedes all previous
understandings and agreements between the Parties, whether oral or written, including but not
limited to the Prior Agreements.
Deleted: the sole negligence or sole intentional acts of the Party
or its officers, agents or employees or independent contractors
solely responsible to such Party in performing or attempting to
perform pursuant to the provisions of this Agreement, including
both acts and omissions to act.
Deleted: ¶
Indemnification for Joint Conduct between the District and the
City. ¶
The City shall defend, indemnify and save harmless the District, and
its officers, agents and employees from and against any and all
claims, demands, liabilities, costs, expenses, damages, causes of
action, including but not limited to inverse condemnation and
judgments arising out of the joint negligence or joint intentional
acts of the City and District and their officers, agents, employees or
independent contractors directly responsible to them in performing
or attempting to perform pursuant to the provisions of this
Agreement, including both acts and omissions to act, provided
however that the District shall be solely responsible for the amount
of judgment rendered solely against the District or one of its agents
or employees if such judgment is specifically rendered in court and
based on a finding of sole responsibility by the District or one of its
agents or employees; in the event said judgment is rendered, the
City shall not be required to indemnify the District for said
judgment
Deleted: ¶
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth
below:
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By: ______________________________ Date: __________________________
Chairperson of the Board
San Luis Obispo County Flood Control and
Water Conservation District
State of California
ATTEST:
By: ______________________________ Date: __________________________
County Clerk and Ex-Officio Clerk of the
Board of Supervisors, County of San Luis Obispo,
State of California
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________________ Date: __________________________
Rita L. Neal
County Counsel
CITY OF SAN LUIS OBISPO
By: ______________________________ Date: __________________________
Derek Johnson
City Manager
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________________ Date: __________________________
J. Christine Dietrick
City Attorney
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Attachment 3 - Clean copy of the updated Reimbursement Agreement
REIMBURSEMENT AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN LUIS OBISPO FOR
WATERSHED MAINTENANCE AND EDUCATION PROGRAM
This Reimbursement Agreement (“Agreement”) is entered into on this _________ day of
_____________ 2021 by and between the San Luis Obispo County Flood Control and Water
Conservation District (“District”), acting on behalf of District Flood Control Zone 9 (“Zone 9”),
and the City of San Luis Obispo (“City”) (each a “Party” and collectively, “Parties”).
WHEREAS, Zone 9 includes the San Luis Obispo Creek (“Creek”) watershed (“Watershed”) and
its tributaries; and
WHEREAS, the City is located wholly within the Watershed and the Zone 9 boundaries; and
WHEREAS, by coordinating in Watershed maintenance and education activities, the City and
District can more economically address issues within the Watershed; and
WHEREAS, such a cooperative program has been successfully completed in the past pursuant
to prior reimbursement agreements between the District and City, including but not limited to
the reimbursement agreements dated September 6, 2013 and August 21, 2018 (collectively,
“Prior Agreements”) and in accordance with the Waterway Management Plan and associated
Environmental Impact Report certified by the District on February 10, 2004; and
WHEREAS, the Parties desire to continue in and expand their coordination with respect to
Watershed maintenance and education activities, both within and outside of City limits,
as described in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and
agreements herein set forth, the District and City mutually covenant and agree as follows:
A. REIMBURSABLE EXPENSES
The City shall be eligible for reimbursement for expenses incurred by the City pursuant to the
terms and conditions set forth in this Agreement subject to the following:
1. Type of Activities Eligible for Reimbursement.
Only those activities within Zone 9 identified below are eligible for reimbursement:
Removal of debris, sediment and vegetation which adversely affect the capacity of waterways
or which might be more difficult or costly to remove if moved by flood flows to different
locations where they could cause damage to the Creek or flooding to adjacent improved
property.
Page 1 of 5
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Page 2 of 5
Removal and proper disposal of detrimental exotic plants from throughout the Watershed and
any re-vegetation project to minimize damage from flood flows or for restoration after removal
of exotic plants.
Stabilization of Creek banks to prevent erosion causing sedimentation or property damage.
Development and construction of projects identified in the Waterway Management
Plan adopted by the City on October 21, 2003 and District by Resolution 2004-51 on
February 10, 2004.
Annual notice to property owners along the Creek, and wet weather flood prevention
information distributed to the general public, including flyers, public service announcements
and web sites.
2. Inclusion in Work Plan.
Only those work activities properly identified in the annual Work Plan (described below)
prepared by the City and included in the District’s current fiscal year budget as adopted by the
District’s Board of Supervisors (“Board”) are eligible for reimbursement.
3. Compliance with Agreement.
Only activities performed in compliance with the provisions of this Agreement are eligible for
reimbursement.
B. OBLIGATIONS OF CITY
The City shall submit a work plan to the District for each upcoming fiscal year, prior to
December 1 of each year (“Work Plan”). The Work Plan shall include a description and budget
for the work activities proposed by the City for the upcoming fiscal year.
The City shall act as the lead agency in complying with the California Environmental Quality Act
(“CEQA”) for all work done within the City limits with the following limited exception: the City
shall act as the responsible agency in complying with CEQA for the Mid-Higuera Bypass Project.
The City shall acquire all permits for work within its jurisdiction with the following limited
exception: the City shall not be responsible for providing staffing or other resources to acquire
regulatory environmental permits for the Mid-Higuera Bypass Project.
The City shall be responsible for acquiring any landowner permission needed to accomplish
any work within its jurisdiction.
Should any work within the City involve the abatement of nuisances, the removal of trees, or
other obstructions, such shall be performed in accordance with due process of law under the
City’s abatement ordinances or State law. The abatement of said nuisances shall be the sole
responsibility of the City.
Any streambed clearing work identified in the Work Plan shall be carried out prior to the rainy
season with follow-up work done during the rainy season as appropriate.
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The City shall comply with all applicable federal, state and local laws and regulations in
performing any activities related to this Agreement.
The City shall provide quarterly statements to the District documenting the expenses for which
the City is seeking reimbursement. Said statements shall specify the activities related to the
expenses for which the City seeks reimbursement.
The City shall recognize and acknowledge the District’s financial contribution to the activities
identified in Section A of this Agreement through prominent mention during any oral
presentation or in writing on any signs, promotional materials, press releases, publications,
advertisements, or exhibits prepared in connection with or referring to the reimbursable
activities.
C. OBLIGATIONS OF DISTRICT
District staff shall review the Work Plan submitted by the City and shall coordinate with the City
to refine the Work Plan, as appropriate, so that it is consistent with the intent of this Agreement
and the District’s budgetary plans. District staff thereafter shall prepare a draft Zone 9 budget
request for the upcoming fiscal year to include those activities that District staff considers
consistent with the intent of this Agreement and the District’s budgetary plans. The District shall
include on an agenda the draft budget request for review by the Zone 9 Advisory Committee
(“Committee”) to allow the Committee to make a recommendation to the Board regarding said
budget request.
The District shall provide reimbursement to the City for eligible City expenses incurred pursuant
to this Agreement on a periodic basis as funds are available, within the budgetary limits
approved by the Board or its designee provided that the City submits satisfactory
documentation of City’s expenses and work performed.
The District shall act as the lead agency in complying CEQA for: (1) all work done by the City
outside of City limits; and (2) the Mid-Higuera Bypass Project.
The District shall be responsible for acquiring any landowner permissions and completing any
reporting and mitigation to the California Department of Fish and Wildlife that may be
necessary to accomplish work done by the City outside of City limits in furtherance of its
obligations under this Agreement.
The District shall provide staffing and other resources to obtain all necessary permits for: (1)
work done by the City outside of City limits; and (2) the Mid-Higuera Bypass Project on behalf
of the City who shall be the permittee.
The City is under no obligation, and this Agreement does not contemplate, commencement of
formal nuisance abatement actions by the City outside of the City's jurisdiction.
The District shall comply with all applicable federal, state and local laws and regulations in
performing any activities related to this Agreement.
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D. GENERAL TERMS
1. Term.
This Agreement shall become effective on the date fully executed by the Parties and shall have
an initial term of five (5) years. This Agreement shall renew automatically for four (4) successive
five (5) year terms. Notwithstanding the foregoing, either Party may terminate this Agreement
at any time by giving ninety (90) days written notice of termination to the other Party.
2. Indemnification.
Each Party hereto shall defend, indemnify and save harmless the other Party and other Party’s
officers, agents and employees from and against all loss, claims, demands, liabilities, costs,
expenses, damages, causes of action, and judgments arising out of the indemnifying Party’s
performance or attempt to perform its obligations pursuant to the provisions of this
Agreement, including both acts and omissions to act, failure to secure necessary landowner
permissions and permits, and failure to complete any reporting and mitigation that may be
necessary to perform obligations pursuant to this Agreement both within and outside of City
limits.
3. Cooperation.
The District agrees to cooperate with the City in the defense of any such claims or litigation, and
the City agrees to cooperate with the District.
4. Full Agreement.
This Agreement encompasses the entire agreement of the Parties, and supersedes all previous
understandings and agreements between the Parties, whether oral or written, including but not
limited to the Prior Agreements.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth
below:
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By: ______________________________ Date: __________________________
Chairperson of the Board
San Luis Obispo County Flood Control and
Water Conservation District
State of California
ATTEST:
By: ______________________________ Date: __________________________
County Clerk and Ex-Officio Clerk of the
Board of Supervisors, County of San Luis Obispo,
State of California
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City of San Luis Obispo, Public Works, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7200, slocity.org
Date: October 1, 2020
To: Brenden Clark, Water Resources Engineer – County of San Luis Obispo
From: Matt Horn, Public Works Director - City of San Luis Obispo
Subject: 2021-2022 Zone 9 Budget Request
Based on the current status and future needs to continue making progress on several projects, the
City is requesting the following funding from Zone 9 for the 2021-2022 Fiscal Year.
Project Name Requested FY 2021/22
General Creek Maintenance $130,500
Silt Removal $130,000
Mid Higuera Bypass $40,000
Total $300,500
General Creek Maintenance
$130,500 to fund ongoing general creek maintenance which includes channel clearing, including
removal of trees, vegetation, and arundo from creeks. Funding is planned to be used as follows:
1. Contract Labor - Channel Clearing: $51,500
2. Channel Tree Removals: $46,000
3. Vegetation Disposal: $ 5,000
4. Arundo Removal: $28,000
Silt Removal
Existing funding to support Silt Removal is approximately $230,000. Available funding remains high
due to lower than expected design and construction costs for prior projects. As a result, these
remaining funds will support design and permitting work for 2021 silt removal locations.
Typically, silt removal projects address 1-2 locations per year. Existing funds, in addition to the
request of $130,000, will support an expansion of the program in 2021 and fund design, permitting,
and construction at up to five creek locations. Currently, the following locations are prioritized:
1. Prefumo ARM – Prefumo Creek at LOVR
2. Unnamed Tributary to Acacia Creek - Sacramento at Ricardo Court
3. Sydney Creek – East of Railroad Safety crossing, south of Sinsheimer Park
4. Prefumo Creek – South of Madonna at Laguna Lake outfall
5. San Luis Creek Bypass channel at LOVR and HWY 101
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Mid Higuera Bypass
$40,000 is requested for the Mid Higuera Bypass project for consultant work to negotiate with
adjacent property owners regarding project right of way, construction access, and demolition of the
“pinch-point” structure at 306 Higuera Street.
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SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
ZONE 9 ADVISORY COMMITTEE
Meeting Minutes – Wednesday, April 10, 2019
Members Present
Wayne Peterson, Chairperson, Member, County At-Large
Carlyn Christianson, Member, City Council
Matt Horn, Vice Chairperson, Member, City Staff
Christine Mulholland, Member, City At-Large
Dave Romero, Alternate, City At-Large Alternate
Jon Hall, Alternate, County At-Large
1. Introductions and roll call
Wayne Peterson calls the meeting to order at 1:36 PM. Quorum established.
Introductions of attendees present.
2. Approval of Meeting Minutes - December 12, 2018
Motion by: Christine Mulholland
Second by: Matt Horn
The Committee approves the December 12, 2018 meeting minutes (5-0-0), as amended.
3. County at-large alternate appointments
Mladen Bandov, Secretary, received one application from Janet Andrews to fill the vacancy of the
County At-Large alternate position.
Motion by: Christine Mulholland
Second by: Jon Hall
The Committee approves the appointment of Janet Andrews as the County At-Large #2, Alternate
(5-0-0).
County Staff will take the appointment to an upcoming Board of Supervisors meeting for approval.
4. Officer elections
Mladen, Secretary, explains that although not included in the by-laws, the committee previously
requested to re-affirm officers or elect new at the first meeting of the year.
Motion by: Christine Mulholland
Second by: Carlyn Christianson
The Committee moves to maintain Wayne Peterson as Chairperson and Matt Horn as Vice
Chairperson (5-0-0).
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Mladen Bandov announces his intent to transition out of the role as the Committee Secretary role
after the June 12, 2019 meeting due to his transition out of the Region Unit Supervisor role. He
introduces Brendan Clark who is the new Supervising Engineer of the Regional Unit who would
now be more appropriate to serve as Secretary should the Committee choose to appoint him at
the June 12, 2019 meeting. The Chairperson requested a letter documenting the change in
Secretary including Brendan Clark’s contact information.
5. Reports
• Sustainable Groundwater Management Act (SGMA) Update
Dick Tzou, County of San Luis Obispo, updates the Committee on the San Luis Obispo
Valley Groundwater Basin (SLOVGB) as it relates to SGMA. The Groundwater
Sustainability Plan (GSP) development kickoff meeting is on April 10, 2019 at 3:30 pm and
there will be additional public meetings and workshops in the future. Department of
Water Resources (DWR) awarded a grant to the County that included the development of
a GSP for the SLOVGB. The grant also applies to the GSP development for the areas of the
Santa Maria Basin within San Luis Obispo County jurisdiction. The total grant for the
development of GSPs for both basins is $1.3 million and approximately $850,000 is
allocated for the SLOVGB. The prioritization of the SLOVGB is currently designated as a
“high priority” basin.
• Mid-Higuera Bypass Project Updates
Brian Nelson, City of San Luis Obispo Engineer, reports that he and Freddy Otte, and the
Design Engineer performed a site walk in late January 2019 to identify trees to be moved,
confirm locations of bypass channels, and analyzed bench locations. A 70% Design
submittal was received during the week of April 1, 2019 and integrated findings from the
January 2019 site walk. The 70% Design also provided the design of rock slope protection
locations and the Bianchi Bridge crossing. The County and City will review the 70% Design
and will likely provide one joint set of comments to the consultant by the end of April
2019. Regarding the Madonna Family property, there is no written agreement, but parties
involved are continuously being engaged with the City and adjustments to bypass channel
alignment bench location was moved to the south to consider building locations.
• Creek Maintenance Updates
Freddy Otte, City of San Luis Obispo Biologist, reports about the two minor flooding
events during a January 17, 2019 storm cell that had an intensity of 5 inches/hour with a
duration of 20 minutes. One flooding event occurred when Prefumo Creek backed up at
the Windemere Condo complex at Los Osos Valley Road and Oceanaire. The other
flooding event was at apartments on Foothill adjacent to Old Garden Creek. The rest of
the creek system performed well during the winter storms that occurred since the
December 2018 meeting.
• Arundo Removal Updates
Jon Hall, Land Conservancy, reports that there are no additional updates since the
December 2018 meeting. Arundo removal efforts will resume in August starting with
property owner outreach efforts.
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Freddy Otte, City Biologist, reports that the City is continuing to with the property owner
of 12500 Los Osos Valley Road to resolve the issues of a large wall of Arundo growth and
significant transient populations in the creek. The Calle Joaquin sewer line replacement
project will address removal of the majority of the Arundo in Fall 2020 by a contractor.
Freddy will coordinate with the Land Conservancy for the removal smaller clumps where
possible.
6. Update on FEMA flood mapping efforts
Mladen Bandov, Secretary, reports on the FEMA Flood Insurance Rate Map (FIRM) update. Craig
Steward from FEMA’s modeling team STARR II is leading the FIRM map update. Staff has provided
Craig with requested information and has also submitted photographs and videos from received
from the public from the areas surrounding the East Fork of the San Luis Obispo Creek. Staff
reports that FEMA could not accommodate a request to provide an additional study of the East
Fork of the San Luis Obispo Creek.
Wayne Peterson, Chairperson, notes that the City and the County design standards do not correct
existing flooding problems with new developments, instead, they prevent flooding from getting
worse.
7. East Branch of San Luis Obispo Creek Site Visit and Update
Mladen Bandov, Secretary, reports that on January 3, 2019, a site visit was conducted near the
East Branch of the San Luis Obispo Creek to address flooding frequency that has been reported
by the public. Photographs and descriptions are included in the agenda packet. Matt Horn, Vice
Chairperson, reports that there were creek areas, downed trees, probably low frequency bridge
and low-water crossings and although there is a practical use of the land, the area does not convey
the necessary flood occurrence interval. Wayne Peterson, Chairperson, reports that on February
2, 2019, he photographed the properties in the area following a February 1, 2019 storm and there
was a substantial amount of water on fields, the creek on the north side of Buckley Road was full
and up to the road. Wayne also reports that on Drew Munster’s property the water in the creek
was up to the bridge on his access road and there was standing water on Drew’s fields. As of April
10, 2019, there is standing water on the Avila Ranch property at the corner of Vachell Lane and
Buckley Road.
Kathy Borland, Save the SLO Life, reports that something upstream on the Chevron has changed
because Buckley Road has not flooded this season. Kathy reports that from October 1, 2018 to
date, the San Luis Obispo Tribune shows 16.74 inches while the rain gauge on personal rain gauge
shows 29 inches of rain for the same timeframe.
8. Fiscal year 2019/20 budget update
• The $60,000 that was borrowed from Zone 1/1A was returned to Zone 9.
• Vegetation management program in County areas
Mladen Bandov, Secretary, summarizes the staff report in the agenda packet that details
the Vegetation Management program in the County areas with a proposed amount of
$90,000 that is addition to the City’s request for the 2019/20 budget. Freddy Otte, City
Biologist, reports that discussions with County and City staff are currently underway to
research modification of the existing reimbursement agreement that the City has with
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County. The details of this type of program are still being worked on. San Luis Bay Drive
would likely be the downstream limit of the program. Christine Mulholland, City At-Large
member, points out an area up Prefumo Canyon Road that has erosion washing into
Prefumo Creek that may need to be addressed. Freddy Otte notes that most of the
erosion does go to an area of Prefumo Creek where regular silt removal activities occur
annually and additional silt removal activities in this area will be researched.
• Limited study East Branch of San Luis Obispo Creek
Mladen Bandov describes the goals of the limited study of the East Branch of the San Luis
Obispo Creek that will serve as an update of the Waterway Management Plan. The budget
for developing this study is $87,000.
Motion by: Christine Mulholland
Second by: Carlyn Christianson
The Committee moves to endorse the two additional proposed activities- Vegetation
Management Program and East Branch limited study- for a total of $177,000 (5-0-0).
9. New Zone 9 website and mailing list
A new website has been set up for the Zone 9 Advisory Committee at
www.slocounty.ca.gov/pw/zone9 and all information has been transferred over from the
previous website. A mailing list is also available on the website.
10. Public Comment
Kathy Borland, Preserve the SLO Life, asks if the Advisory Committee should review new
development in the City for flooding. Matt Horn, City Engineer, responds that the Zone 9
Committee is a County Committee and that any development within the City goes through various
City Committees and design standards for review/approval with an environmental document
prepared including analysis of flooding and would not go to the Zone 9 Advisory Committee.
11. Future Agenda Items
Wayne Peterson adjourns the meeting at 2:50 PM
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