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HomeMy WebLinkAbout6e. City-County Zone 9 Flood Control District Reimbursement Agreement Update Item 6e Department: Administration Cost Center: 5301 For Agenda of: 8/19/2025 Placement: Consent Estimated Time: N/A FROM: Greg Hermann, Deputy City Manager Prepared By: Robert Hill, Sustainability and Natural Resources Official Freddy Otte, City Biologist SUBJECT: CITY-COUNTY ZONE 9 FLOOD CONTROL DISTRICT REIMBURSEMENT AGREEMENT UPDATE RECOMMENDATION Approve an amendment to the existing Memorandum of Understanding (MOU) 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 (reimbursement) for activities to assist in the update of the Waterway Management Plan, Volume 1 (Attachment A). POLICY CONTEXT Staff’s recommendation is in support of the following policy objectives: 1. Climate Adaptation and Safety Element Policy FL-3.1: Climate-Informed Flood Management - The City shall incorporate the climate-informed flood risk modelling in flood management plans, programs, and procedures. Policy FL-3.2: Flood Protection for New Development - The City shall ensure that all new development adheres to all provisions in Chapter 17.78 “Flood Damage Prevention” in the City’s Municipal Code, consider climate models, and update the provisions accordingly to remain consistent with any future federal, state, and local regulatory requirements. Policy FL-3.3: Flood Protection for Existing Development - The City shall continue identification and mapping of areas that are at increased flood risk from large storm events using the climate informed flood risk modeling that was developed as part of the City’s climate change vulnerability assessment. Page 89 of 350 Item 6e Policy FL-3.5: A Resilient Flood Management System - The City shall explore opportunities to add redundancy to the city’s existing stormwater and flood management systems to mitigate impacts from increased storm intensities, as needed. To provide co-benefits to the SLO community, design flood management system redundancies to serve multiple purposes that add value to the community (e.g., detention basins that serve as parks or recreation areas). Resilient flood management projects should be prioritized in locations of the city that are the most vulnerable. Policy FL-3.6: Regional Coordination of Flood Control - The City shall continue to coordinate with regional partners (e.g., San Luis Obispo County, Cal Poly San Luis Obispo, Caltrans, LOSSAN Rail Corridor Agency) on flood preparedness and flood management initiatives. 2. 2025-27 Financial Plan, Major City Goal for Open Space, Climate Action, and Resilience. Work Program 2e: Complete the Waterway Management Plan, Volume 1 update. DISCUSSION Background The San Luis Obispo County 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, including within the City of San Luis Obispo. Zone 9 collects an ad valorem parcel tax and revenue is used to conduct flood control 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 (Committee) and regular collaboration with the City. Vice Mayor Michelle Shoresman is the City’s current representative on the Committee. The City has an existing vegetation management and stream maintenance program where City staff time is paired with funding through Zone 9 to conduct regular assessments of flood risks, identify priority locations on a seasonal basis, and implement projects as needed. Recent flooding events that have occurred in the City and County have highlighted the need to take a watershed-based approach to flood control. 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 partner through the proposed amendment to the existing MOU. The Waterway Management Plan for the San Luis Obispo Creek Watershed was certified in 2004 and Volume 1 identifies creek channel conditions and issues in the watershed. With changed conditions in the creek and community, an update of baseline conditions in the watershed is needed. The Committee has made $200,000 available for this update and City staff will collaborate with County Zone 9 staff to determine the specific sections to be updated as well as the preferred approach to procurement of contract services to complete the update. The amendment to the MOU simply allows for any work completed by the City to be reimbursed. Page 90 of 350 Item 6e The Committee will receive updates on the Waterway Management Plan and have opportunities to provide input at their regularly scheduled meetings. Future funding requests, if needed, for additional Waterway Management Plan updates will be submitted to the Committee, through the annual work plan process. Previous Council or Advisory Body Action The last Memorandum of Understanding (Reimbursement Agreement) was approved by the City Council on September 28, 2021. The updated Reimbursement Agreement was presented to the Zone 9 Committee and recommended for approval on September 11, 2024. Public Engagement The Zone 9 Flood Control Committee meetings are open to the public and the meeting agendas and minutes are available on the County of San Luis Obispo’s website. Once the update of Volume 1 is complete, staff will follow the Public Engagement and Noticing Manual to inform the community of any changes. CONCURRENCE The Public Works Department concurs with the recommendations in this report. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action or to the development of a plan as these actions do not constitute a “project” under CEQA guidelines sec. 15378. However, if recommended actions in the update of subsequent sections of the Waterway Management Plan are updated and approved, that require environmental review, they will be presented for Council’s future consideration, together with the Waterway management Plan sections, when they are completed. FISCAL IMPACT Budgeted: No Budget Year: 2025-26 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: Zone 9 $393,000 Total $393,000 N/A N/A N/A Page 91 of 350 Item 6e The Zone 9 Committee’s current FY 2025-26 budget allocated to the City is $393,000 for general creek maintenance in identified priority areas. This MOU amendment provides for reimbursement to the City for an additional $200,000 of expenses related to the Waterway Management Plan update. If approved, the City’s total Zone 9 reimbursement budget will be $593,000 with up to $200,000 for the Waterway Management Plan. ALTERNATIVES 1. Council could request additional information or request changes to the Reimbursement Agreement with the County. If additional information or changes are requested, additional conversations would be held with the County to come to agreement. 2. Council could decide not to approve the update to the Reimbursement Agreement with the County. This would require the County to take on all the update work and could over-burden County staff and potentially delay the process to advance the update of the Waterway Management Plan. ATTACHMENTS A - City-County Zone 9 Flood Control District Reimbursement Agreement Page 92 of 350 Page 1 of 4 AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN LUIS OBISPO FOR WATERSHED MAINTENANCE AND EDUCATION PROGRAM This Amendment No. 1 to Reimbursement Agreement (“Amendment No. 1”) is entered into 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, on or about September 28, 2021, the Parties entered into a Reimbursement Agreement (“Agreement”) that provides the terms and conditions under which they will coordinate on San Luis Obispo Creek watershed maintenance and education activities, attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Section A.1 of the Agreement contains a list of activities for which the City shall be eligible for reimbursement from the District; and WHEREAS, the Parties desire to amend the Reimbursement Agreement to reflect that the 2004 Waterway Management Plan and its associated technical studies may require maintenance and updating as appropriate to address evolving physical, regulatory, and financial conditions and to expand the list of activities eligible for reimbursement under the Reimbursement Agreement to include tasks related thereto. 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: Paragraph 1: Section A.1 of the Reimbursement Agreement shall hereinafter read as follows: 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. Stabilization of Creek banks to prevent erosion causing sedimentation or property damage. Page 93 of 350 Page 2 of 4 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, events and web sites. Tasks related to updating and maintaining the Water Management Plan originally adopted by the City on October 21, 2003 and District by Resolution 2004-51 on February 10, 2004. Paragraph 2: Except as expressly modified by this Amendment No. 1, all terms and provisions of the Reimbursement Agreement shall remain in full force and effect. Paragraph 3: This Amendment No. 1 shall be effective as of the date is has been signed by both Parties. Paragraph 4: This Amendment No. 1 may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original. All such counterparts shall together constitute but one and the same instrument. 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: __________________________ Ex-Officio Clerk of the Board of Supervisors, County of San Luis Obispo, State of California Page 94 of 350 Page 3 of 4 APPROVED AS TO FORM AND LEGAL EFFECT: RITA L. NEAL County Counsel By: ______________________________ Date: February 7, 2025 Deputy County Counsel CITY OF SAN LUIS OBISPO By: ______________________________ Date: __________________________ Whitney McDonald City Manager APPROVED AS TO FORM AND LEGAL EFFECT: J. Christine Dietrick City Attorney By: ______________________________ Date: __________________________ Page 95 of 350 Page 4 of 4 EXHIBIT A REIMBURSEMENT AGREEMENT Page 96 of 350 Page 97 of 350 Page 98 of 350 Page 99 of 350 Page 100 of 350 Page 101 of 350 Page 102 of 350