HomeMy WebLinkAbout09/21/1993, C-6 - AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR 1993/94 IIIry�IBlll��lllllllll II VJ r MEETING�OATE:
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COUNCIL AGENDA REPORT ITEM MB
FROM: Michael D. McCluskey, Public Works Directorae��_
PREPARED BY: Dennis E. Cox, Parks and Streets Manager
SUBJECT: Agreement between the San Luis Obispo County Flood Control
and Water Conservation District Zone 9 and the City of San
Luis Obispo for 1993/94
CAO RECOMMENDATIONS:
1) By resolution,
a) approve the Agreement between San Luis Obispo County Flood
Control and Water Conservation District Zone 9 and the City of San
Luis Obispo for Streambed Clearing Program, Giant Reed Eradication
Program, and Streambed Improvement Program
b) authorize the Mayor to execute the agreement
2) By motion, approve amendments to the budget which bring the
1993/94 budget into conformance with the Zone 9 agreement.
DISCUSSION:
The San Luis Obispo County Flood Control and Water Conservation District Zone 9
("Zone 9") is generally responsible for maintaining the streambeds within the San
Luis Obispo Creek watershed. Since 1979 the City has entered into annual
agreements which authorize Zone 9 to reimburse the City for maintaining and
improving streambeds within the City limits.
The agreement proposed for 1993/94 authorizes reimbursement to the City of up
to $182,000 for the following work:
■ Annual streambed clearance ($55,000 in the flood control operating pro-
gram)
■ Annual giant reed eradication ($2,000 in the flood control operating pro-
gram)
■ Removal of silt from San Luis Obispo Creek under Madonna Road ($20,000
CIP project)
■ Partial removal of sediment from the Prefumo Creek arm of Laguna Lake
($50,000 CIP project)
■ Repair of a culvert in Old Garden Creek near Mountain View Street ($25,000
CIP project)
■ Stabilization of the bank of San Luis Obispo Creek behind Mission Trailer
Park ($30,000 CIP project)
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COUNCIL AGENDA REPORT
Agreement between Zone 9 and the City of San Luis Obispo for 1993/94
Page 2
If the City cannot complete any of this work, the agreement provides for the
following alternative work:
■ Stabilization of the bank of San Luis Obispo Creek behind 464-466 Dana
Street ($30,000 CIP project)
■ Stabilization of the bank of San Luis Obispo Creek behind 3546-3566
Higuera Street ($30,000 CIP project)
FISCAL IMPACT:
Two budget amendments are needed to bring the 1993/94 budget into confor-
mance with the 1993/94 Zone 9 agreement. The proposed adjustments will:
■ increase Zone 9 revenue budgeted for the general fund from $51,000 to
$57,000
■ increase Zone 9 revenue budgeted for the capital outlay fund from $51 ,000
to $125,000
■ add three CIP projects:
1) SLO Creek Silt Removal
2) Laguna Lake Sediment Removal - Phase 1
3) Old Garden Creek Culvert Repair
ATTACHMENTS:
Resolution
Agreement
GAWP511Z0NE8•A
RESOLUTION NO. (1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD
CONTROL DISTRICT ZONE 9
WHEREAS, the City of San Luis Obispo is a participant in San
Luis Obispo County Flood Control District Zone 9; and
WHEREAS, the City of San Luis Obispo is eligible for monies
for designated repair and maintenance programs in the City creeks.
NOW, THEREFORE, BE I.T RESOLVED by the Council of the City of
San Luis Obispo as follows:
SECTION 1. The certain Agreement attached hereto and
incorporated herein by reference between the City of San Luis
Obispo and San Luis Obispo County Flood Control District Zone 9 is
hereby approved and the Mayor is authorized to execute the same.
On motion of , seconded by and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day of
1993.
MAYOR PEG PINARD
ATTEST:
CITY CLERK DIANE GLADWELL
AGREEMENT BETWEEN SAN LIIIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LIIIS OBISPO FOR STREAMED CLEARING
PROGRAM, GIANT REED ERADICATION PROGRAM,
AND STREAMED IMPROVEMENT PROGRAM
This Agreement entered into the day of
1993, between the San Luis Obispo County Flood Control and Water
Conservation District, Zone 9 (hereinafter referred to as "Zone 911)
and the City of San Luis Obispo (hereinafter referred to as
"City") ;
W I T N E S S E T H
WHEREAS, Zone 9 since its inception, has had a streambed
clearing program which encompasses the mainstreams of the San Luis
Obispo Creek system; and
WHEREAS, certain reaches of these streams lie within the City
of San Luis Obispo; and
WHEREAS, the City has also had a streambed clearance program;
and
WHEREAS, the program within the City of San Luis Obispo should
be more economically performed if one agency accomplished the
streambed clearance program; and
WHEREAS, such a cooperative program was successfully carried
out in the last several fiscal years; and
WHEREAS, Zone 9 work has been accomplished with the
cooperation of personnel from the California Conservation Corps;
and
WHEREAS, a continuation of the cooperative program between
Zone 9 and the City could still involve the assistance of the
California Conservation Corps; and
WHEREAS, it is in the public interest that Zone 9 and the City
understand and agree to the services to be performed by each with
respect to the streambed clearing program; and
WHEREAS, a growth of Giant Reeds in the Zone 9 watershed have
proved to be a flood control problem; and
WHEREAS, appropriate maintenance management leading to the
control and/or eradication of the Giant Reed is necessary; and
WHEREAS, it is in the public interest that Zone 9 and the City
cooperate on the needed Giant Reed control and/or eradication
program; and
WHEREAS, the Zone 9 Advisory Committee has considered small
improvement projects for erosion control and flood control
benefits; and
WHEREAS, it is to the mutual benefit of the Flood Control Zone
9 and the City to cooperate on the needed small improvement
projects; and
WHEREAS, the 1993-94 budget appropriation includes $87,933 for
the streambed clearing program and $5, 150 for the Giant Reed
Eradication Program.
WHEREAS, the 1993-94 budget appropriates $150, 000 for small
improvement projects.
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, Zone 9 and
City mutually covenant and agree as follows:
STREAMED CLEARING AND GIANT REED ERADICATION PROGRAM:
1. Zone 9 and City will accomplish streambed clearing within the
San Luis Obispo Creek watershed with the City being
responsible for the prompt and efficient execution of the
entire program within the City limits and Zone 9 being
responsible for the prompt and efficient execution of the
balance of the program in the unincorporated portion of the
zone.
2. Zone 9 will provide funds to the City for the City to
accomplish the Giant Reed control and/or eradication program
within Zone 9.
3. The City shall be provided not more than $55,000 of the funds
budgeted in Zone 9 in the 1993-94 fiscal year for the
streambed clearance program and an additional sum of not more
than $2, 000 for the Giant Reed control and/or eradication
program.
C- G .S
4. Zone 9 will reimburse the City, within the limits set forth in
Paragraph 3 above, upon receipt of evidence of work performed
on the basis of monthly statements submitted for payment.
5. All streambed maintenance work provided for by this agreement
shall be done in accordance with the following provisions of
the 1979 Memorandum of Understanding: "Work performed under
this agreement will be conducted within the following streams:
a. San Luis Obispo Creek
b. Lower watershed of Laguna Lake, including Prefumo
Creek but not Sycamore Creek
C. Old Garden Creek to Foothill Boulevard
d. Stenner Creek
e. Brizziolari Creek
Local drainage facilities such as subdivision drains, curbs,
gutters and streets and minor drainage ways not listed above
would be the responsibility of the jurisdiction within which
boundaries the facility lies, or the responsibility of the
private property owner if the facility is not publicly owned.
The streambed maintenance work is envisioned to generally
involve removal of debris which adversely affects the capacity
of the waterways or which might create a greater expense for
its removal at a different location if moved by flood flows at
a later date. It would also involve some streambed vegetation
maintenance to maintain streambed capacity. It would not
include streambed maintenance to the origin of each stream but
primarily include the lower reaches of each stream system. It
would not include abatement of flood hazards under the City's
abatement ordinances. It is also understood that all
streambed maintenance work will be performed under permit from
the State Fish & Game. Permits for work inside the City
limits shall be obtained by the City. Permits for work
outside of the City limits shall be obtained by the County
Flood Control Zone 9. "
6. The streambed maintenance program is a flood control program
and City shall use funds provided under this agreement for
only that purpose.
7. Consistent with previous practices, there shall be an annual
reconnaissance survey made by City and County within their
respective jurisdictions of .needed works and such shall be
done reasonably before the rainy season in order that the
needed streambed clearing program can be carried out prior to
the rainy season with follow-up work done during the rainy
season as appropriate.
8. For control of vegetation, principally willows, the streambed
maintenance program may be accomplished with the use of State
Fish & Game approved herbicides.
9. Within the City of San Luis Obispo, City shall be responsible
for acquiring any landowner permission needed to accomplish
the streambed clearing program. The City shall be responsible
for acquiring any landowner permission to accomplish the Giant
Reed control and/or eradication program.
10. The City shall act as the lead agency in complying with the
California Environmental Quality Act for work done within the
City limits.
11. Should the streambed clearing program within the City involve
the abatement of nuisances, the removal of trees, or the like,
such shall be performed in accordance with due process of law
under the City's abatement ordinances or State law and shall
be the sole responsibility of City.
SMALL IMPROVEMENT PROJECTS PROGRAM:
12. Zone 9 shall provide funding up to an amount of $125, 000 for
the City to accomplish the following improvement projects
program:
a. Madonna Road Overpass @ San Luis Obispo Creek -
Remove gravel . from the concrete lined banks to
restore to full flow capacity. Estimated cost
$20,000.
b. Prefumo Creek - Laguna Lake - Remove major silt and
debris deposits at the point of creek discharge
into Laguna Lake to open up the capacity of the
channel. Estimated cost $50, 000.
[- �i -`7
C. Old Garden Creek @ Mountain View - Repair the floor
in the culvert. Existing floor is failing.
Estimated cost $25,000.
d. Mission Trailer Park @ San Luis Obispo Creek -
Remove obstructions & stabilize the banks that have
encroached into the channel. Estimated cost
$30,000.
13. In the event that City is unable to complete any improvement
projects cited above, City shall have the option to substitute
improvement project(s) 13.a. and/or 13.b. as requested in
Exhibit A. Such substitution(s) shall not cause the total
dollar amount to exceed the budgeted amount specified in
paragraph 12 .
a. San Luis Creek behind 464 and 466 Dana Street -
Remove obstructions encroaching into the channel
and stabilize the bank. Estimated cost $30, 000.
b. San Luis Creek behind 3546 and 3566 South Higuera -
Stabilize the bank and protect the parking lot that
runs parallel with the creek. Estimated cost
$30, 000.
14. City shall provide all design drawings and related services
for the small improvement projects which are to be constructed
and shall arrange for a consultant to perform the study for
the detention dam(s) program. City shall also act as the lead
agency in complying with the California Environmental Quality
Act.
15. Zone 9 shall reimburse City for not more than $125, 000 for
said small improvement project program and any expenditures
made by City in excess of that amount shall be paid at the
sole expense of City.
16. Maintenance. . City shall maintain all completed works at no
cost to Zone 9.
17. Ownershilp and Liability. City shall assume ownership and
liability for the completed works.
GENERAL TERMS:
18. Term. This agreement will commence on July 1, 1993 and
terminate on June 30, 1994.
19. Indemnification and Sole Conduct. Each party hereto shall
defend, indemnify and save harmless the other party and other
party's officers, agents and employees from and against all
claims, demands, liability cost, expense, damages, causes of
action, including but not limited to inverse condemnation and
judgments arising out of 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.
20. Indemnification for joint conduct between Zone 9 and the City.
The City shall defend, indemnify and save harmless County, 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 City and Zone 9 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 and to act provided however that
County shall be solely responsible for the amount of judgment
rendered solely against the Zone 9 or one of its agents or
employees if such judgment is specifically rendered in court
finding of responsibility by Zone 9 or one of its agents or
employees for an act of negligence and City shall not be
required to indemnify Zone 9 for such judgment. Likewise City
shall be solely responsible for any judgment rendered solely
against it or its agents or employees which is based upon acts
or omission by it or one of its agents or employees.
21. Zone 9 agrees to cooperate with City in the defense of any
such claims or litigations.
C-4 -9
IN WITNESS WHEREOF Zone 9 and City have executed this contract on
the day and year first hereinabove set fort.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, Zone 9
By
Chairperson of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By .SZ � By:
Dat by 3 Dated:
APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO
a Jorgerueo ) By
City Aftomev
Mayor,
ATTEST: ATTEST:
City Clerk Clerk, Board of Supervisors
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