The URL can be used to link to this page

Home My WebLink About02/21/1995, C-1 - AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR 1994/95 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 This Agreement entered into the day of , 1995, between the San Luis Obispo County Flood Control and Water Conservation District, Zone 9 (hereinafter referred to as "Zone 9") and the City of San Luis Obispo (hereinafter referred to as "City"); WITNESSETH 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 ev-=5 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 1994-95 budget appropriation includes $90,571 for the streambed clearing program and $5,305 for the Giant Reed Eradication Program. WHEREAS, the 1994-95 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: STREAMBED 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. 2 3. The City shall be provided not more than $60,000 of the funds budgeted in Zone 9 in the 1994-95 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. 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. Brizziolad 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." 3 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$150,000 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. 4 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. C. Old Garden Creek @ Mountain View- Repair the floor in the culvert. Existing floor is failing. Estimated cost $30,000. d. Marsh Street Over Pass @ San Luis Creek. Estimated Cost$50,000 (FY 94/95). 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 substitutions) 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 $40,000. 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 $40,000. 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 $150,000 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. Ownership and Liability. City shall assume ownership and liability for the completed works. 5 GENERAL TERMS: 18. Tenn. This agreement will commence on July 1, 1994 and terminate on June 30, 1995. 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 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. 6 �I8 AGENDA Dai E3L- ITEM # C IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year first hereinabove set fort. ATTEST: CITY OF SAN LUIS OBISPO By: City Clerk Mayor, SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,ZONE 9 By Chairperson of the Board of Supervisors ATTEST: Clerk, Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel County of San Luis Obispo By Deputy County Counsel Dated: m:\Ieanne\Igg\fcwcd9.agr 7