HomeMy WebLinkAbout06/15/2004, C4 - ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT council "June i's.2004_
j acEnaa Repoat
C I T Y OF SAN LU IS O BISPO
FROM: Michael D. McCluskey,Public Works Director `-1,
Prepared By: Jay D. Walter,Deputy Director Public Works/City Engineer
SUBJECT: ZONE 9 CREEK AND FLOOD PROTECTION
REIMBURSEMENT AGREEMENT
CAO RECOMMENDATION
Adopt a resolution to authorize the CAO to approve an agreement with San Luis Obispo County
Flood Control and Water Conservation District Zone 9 for reimbursement of streambed clearing
and exotics control/revegetation program.
DISCUSSION
The San Luis Obispo County Flood Control and Water Conservation District.Zone 9 (Zone 9), is a
special taxing entity established in the mid-1970's for the purpose of addressing the causes of
flooding within the San Luis Creek water shed. A portion of the property tax is assigned to Zone 9.
The County Board of Supervisors acts as the governing board for Zone 9.
The County Board has a committee that advises them regarding the programs and budgets of Zone
9. The City has three representatives on the Zone 9 Advisory Committee: Mayor Dave Romero,
City Engineer Jay Walter and citizen member John French.
This agreement between the County Board of Supervisors and the City provides reimbursement
funding in the amount of$100,000 for 2004-05 for streambed maintenance and Giant Reed control
to be performed by the City. The City bills the County upon completion of the described work..
The agreement is renewed on an annual basis, and it was last before the Council in June of 2003.
The work performed has exceeded the funding available for the last two years, and the City's
General Fund has augmented the funds received from the County. Because of the increasing costs
of performing this type of work,(the City usually hires the California Conservation Corps),the City
has requested an increase in the funding level for the 2004-05 year and beyond, but will not know
the outcome until the County's budget is adopted.
Because these agreements are, a yearly routine order of business between Zone 9 and the City, staff
is proposing a resolution to allow the CAO signature authority for this year and each subsequent
year.
CONCURRENCES
Both the Director of Finance and the City Attorney have reviewed this agreement and they concur
with the recommended action.
Zone 9 Creek and Flood Protection Reimbursement Agreement Page 2
FISCAL IMPACT
The adopted 2003-05 Financial Plan, in the Creek and Flood Protection Fund, includes performing
this work and also anticipates receiving $67,000 in funding from the County through Zone 9. The
planned increase in funds ($100,000)will relieve the General Fund from the burden of augmenting
the Streets Maintenance budget for the extra costs. Work that would be funded by this agreement is
not planned to start until after July 1, 2004, and would be complete by October 2004.
ALTERNATIVES
Without approval of this agreement the City will not be able to recover costs for creek maintenance
and would therefore have to reallocate money from other programs, projects or reserves to balance
the budget.
ATTACH LENTS
1. Resolution
2.Agreement
I lCotmcil Agenda Reports12004 agenda reports\Engineering and Maintenance Services (Walter)\Streets Maintenance (McDermott)\Zone 9
agreement for Maintenance 2004-05.doc
RESOLUTION NO. (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE CAO TO APPROVE AGREEMENTS WITH THE SAN LUIS OBISPO
COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR REIMBURSEMENT STREAMBED
CLEARING AND EXOTICS CONTROL/RE-VEGETATION PROGRAM
WHEREAS, the County administers the funds of the San Luis Obispo County Flood Control
and Water Conservation District Zone 9,and
WHEREAS, the City administers creek maintenance programs within Zone 9 on an annual
basis, and
WHEREAS, the County yearly budgets within the Zone 9 program to fund the programs
administered by the City,and
WHEREAS, the routine and yearly nature of these agreements require no debate by the City
Council or input.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City Council of the City of San Luis Obispo hereby authorizes the CAO to approve annual
agreements with the San Luis Obispo County Flood Control and Water Conservation District Zone 9
providing for the reimbursement of City funds spent for Streambed Clearing and Exotics Control/Re-
vegetation Program approved in the Zone 9 budget.
Upon motion of seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of , 2004
Mayor David Romero
ATTEST:
City Clerk
APPROVED AS TO FORM:
Jonatha6T.,j4dwell, City Attorney
GA Stormwater Programs\Zone 9\Creek Maintenance\City-County Agreements\Resolution 2004-05 Maintenance Agreement.doc �� r
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING
AND EXOTICS CONTROL/REVEGETATION PROGRAM,
This Agreement entered into the _ day of 2004, 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
CLCi y");
ll�� WITNESSETH
WHEREAS, Flood Control . Zone 9 includes the San Luis Obispo Creek
(hereinafter sometimes referred to as "SLO Creek") watershed; and
WHEREAS, The City of San Luis Obispo is wholly contained within this watershed
and the Zone 9 boundaries: and
WHEREAS, by coordinating activities the City and Zone 9 can more economically
address issues within the watershed; and
WHEREAS, such a cooperative program has been successfully completed in the
past several fiscal years: and
WHEREAS, this cooperative program has been further enhanced with assistance
and-personnel from the California Conservation Corps and California.Men's Colony; and
WHEREAS, Zone 9 activities include stream maintenance and exotic species
control; and
WHEREAS, the 2004/2005 budget proposes to appropriate $100,000 for
streambed maintenance and exotic weed eradication/revegetation;
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
promises and agreements herein set forth, Zone 9 and the City mutually covenant and
agree as follows:
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A. STREAMED MAINTENANCE AND EXOTICS CONTROL/REVEGETATION
PROGRAM:
1. City and Zone 9 will work cooperatively to identify and prioritize maintenance and
exotic control/revegetation sites throughout the San Luis Obispo Creek watershed.
2. Zone 9 will provide funds to the City for the City to accomplish the streambed
maintenance, exotic control and revegetation programs within Zone 9, as follows:
The City shall be provided not more than $100,000 of the funds budgeted in Zone
9 in the 2004-05 fiscal year for the streambed maintenance program and for the
Giant Reed control and revegetation program for the 2004-05 Fiscal Year.
3. Zone 9 will reimburse the City, within the limits set forth.in Paragraph A2 above,
upon receipt of evidence of work performed and monthly statements submitted for
payment.
4. Routine maintenance work performed under this agreement will include removal of
debris and vegetation which adversely affects the capacity of waterways or which
might be more difficult or costly to remove if moved by flood flows to different
locations where it will cause damage to the creek or flooding to adjacent improved
property.
Exotics controUrevegetation work performed under this agreement will include
removal and proper disposal of detrimental exotic plants from throughout the
watershed. Revegetation projects shall be selected to minimize damage from
flood flows or for restoration after removal of exotic plants. City and Zone 9 will
work jointly in acquiring permits for shared projects and independently for projects
solely within their respective jurisdictions. .
5. The streambed maintenance program is a flood control program and City shall use
funds provided under this agreement only for this purpose or for education about
this purpose.
6. Consistent with previous practices, there shall be an annual reconnaissance
survey made by City and Zone 9 within their respective jurisdictions of needed
works and such shall be done reasonably before the rainy season so 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.
CA
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7. For control of vegetation the streambed' maintenance program may be
accomplished with the use of State Fish & Game approved herbicides.
8. City and Zone 9 shaii be responsible for acquiring any landowner permission
needed to accomplish the streambed maintenance program and the exotics
control program within their respective jurisdictions.
9. The City shall act as the lead agency in complying with the Califomia
Environmental Quality Act for work done within the City limits.
10. Should the streambed clearing program 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 and shall be the sole responsibility of City.
B. GENERAL TERMS:
1. Term. This agreement will terminate on June 30, 2005.
2. Indemnification for 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 parry 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.
3. Indemnification for Joint Conduct between Zone 9 and the City. The City shall
defend, indemnify and save harmless Zone 9, 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 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
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and City shall not be required to indemnify Zone 9 for such judgment. Likewise
City shall be solely responsible for any judgment, or any portion of 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.
4. Cooperation. Zone 9 agrees to cooperate with City in the defense of any such
claims or litigations, and the City agrees to cooperate with the County.
IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day
and year first hereinabove set forth.
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
NA AN LOWELL.
Dated`. ttorney
CITY OF SAN LUIS OBISPO
By:_
City Administrative Officer
ATTEST: ATTEST.:
City Clerk Clerk, Board of Supervisors
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05.doc
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