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HomeMy WebLinkAbout04/01/2008, C11 - SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 REIMBURSEMENT AGREEMENT council MApril 1, 2008 j acjEnaa RepoRt �N CITY OF SAN LUIS OBISPO FROM: Jay D. Walter, Director of Public Works Prepared By: Barbara Lynch City Engin SUBJECT: SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 REIMBURSEMENT AGREEMENT CAO RECOMMENDATION Approve a long term agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9 for reimbursement of flood risk reduction related activities. DISCUSSION: The San Luis Obispo County Flood Control and Water Conservation District Zone 9 (Zone 9) was established in the mid-1970's for the purpose of addressing the causes of flooding within the San Luis Creek water shed. At the time, a portion of the property tax collected was allocated to Zone 9. With the passage of Proposition 13 regarding property taxes,the direct allocation was lost; however, the County Board of Supervisors, which acts as the governing board for Zone 9, has continued to allocate a portion of the property tax revenue to Zone 9. The County Board has a committee that,advises them regarding the programs and budgets of Zone 9 with representatives from throughout the zone including the City of San Luis Obispo. The City is represented on that committee by a Public Works Department staff member, a Council representative and a citizen. As part of this agreement, they are responsible to recommend annual expenditures for the Zone. Historically a reimbursement agreement was renewed on an annual basis. For the last few years, these agreements have been executed by the City Administrator under authorization of a 2004 Council Resolution. This year, City staff recommended to the County that a long term agreement be developed, with reimbursement contingent upon annual approval of funds by the Board of Supervisors. This eliminates the need for annual agreements to be processed before reimbursement takes place. The agreement processing has taken anywhere from 2 months to nearly 12. A second change that was made to this agreement, in comparison to prior year agreements, was the addition for reimbursement under the agreement of silt removal and Waterway Management Plan project implementation. This year alone, staff anticipates being able to collect about $80,000 in funding spent on silt removal that in prior years the City paid for. CONCURRENCES: The County Counsel has reviewed and approved the agreement and it is ready to take to the County Board of Supervisors for final approval. I Zone 9 Reimbursement Agreement Page 2 FISCAL IMPACT: Without approval of this agreement the City will not be able to recover costs for creek maintenance and will have to absorb whatever costs are incurred. The work accomplished under this agreement is work that would need to be done regardless of the funding availability from the County and so greatly assists the City in meeting this need. Public Outreach efforts regarding flooding, paid for by Zone 9, are also worth credit in the Federal Emergency Management Agency flood insurance program the City participates in. Generally, the way the reimbursement program works is City staff budgets and pays for this work out of various Public Works Maintenance or Capital project accounts. Upon completion of the work, the City bills the County and is reimbursed up to the maximum amount allocated by the Board of Supervisors. ATTACHNIEENT Zone 9 Agreement g:lstatt-reportsagendas-minutesLpP2DO tedmintmne 9�ppr agreement.do 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 Agreement entered into the day of 2008, retroactive to July 1, 2007, between the San Luis Obispo County Flood Control and Water Conservation District (hereinafter referred to as "District") and the City of San Luis Obispo (hereinafter referred to as "City,,); W I T N E S S E T H WHEREAS, District Flood Control Zone 9 ("Zone 9") includes the San Luis Obispo Creek watershed and its tributaries; and WHEREAS,The City is wholly contained within this watershed and the Zone 9 boundaries; and WHEREAS, by coordinating 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 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, the District periodically appropriates funds for various work efforts related to the watershed; NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, District and the City mutually covenant and agree as follows: A. TYPE OF ACTIVITIES ELIGIBLE FOR REIMBURSEMENT 1. The City shall only be eligible for reimbursement for expenses incurred by the City under this Agreement for the following activities within Zone 9: 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 it 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. 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 creek, and wet weather flood prevention City—Zone 9 Agreement 1 Rev 1-14-2008 �J information distributed to the general public, including flyers, public service announcements and web sites. 2. Only those work activities properly identified in an annual Work Plan 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. Only activities performed in compliance with the provisions of this Agreement are eligible for reimbursement. B. OBLIGATIONS OF CITY 1. The City shall submit a Work Plan to the District for each upcoming fiscal year, prior to January 1 of each year. The Work Plan shall include a description and budget for the work activities proposed by the City for the upcoming fiscal year. 2. The City shall act as the lead agency in complying with the California Environmental Quality Act for work done within the City limits. 3. City shall acquire all permits for work within its jurisdiction. 4. City shall be responsible for acquiring any landowner permission needed to accomplish any work within its jurisdiction. 5. 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 City. 6. Any streambed clearing work identified in the Work Plan will be carried out prior to the rainy season with follow-up work done during the rainy season as appropriate. 7. The City shall comply with all applicable federal, state and local laws .and regulations in performing any activities related to the Agreement. 8. The City shall provide quarterly statements to the District documenting the expenses for which the City is seeking reimbursement. Said statements will specify the activities related to the expenses for which the City seeks reimbursement. C. OBLIGATIONS OF DISTRICT 1. 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 agendize the draft budget request for review by the Zone 9 Advisory Committee ("Committee") to allow the Committee to make a recommendation to the District's Board regarding said budget request. 2. The District will 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. 3. The District will reimburse the City for its reasonable and actual expenses incurred in City—Zone 9 Agreement 2 Rev 1-14-2008 c1i - 4 /--3 performing the work included in this Agreement, within the limits set forth in this Agreement, upon receipt of satisfactory documentation of City's expenses and the work performed. D. GENERAL TERMS: 1. Term. This agreement will terminate when superseded by a new agreement or as directed by the County Board of Supervisors, or after a period of five years with an optional renewal period of five years as agreed to by the City and the District's designee. 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 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. 3. Indemnification for Joint Conduct between Zone 9 and the City. The City shall defend,indemnify and save harmless 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 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 and to act, provided however that District shall be solely responsible for the amount of judgment rendered solely against District or one of its agents or employees if such judgment is specifically rendered in court finding of responsibility by District or one of its agents or employees for an act of negligence and City shall not be required to indemnify District for such judgment. 4. Cooperation. District agrees to cooperate with City in the defense of any such claims or litigations, and the City agrees to cooperate with the County. City—Zone 9 Agreement 3 Rev 1-14-2008 IN WITNESS WHEREOF District 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: By: Date: James B. Lindholm County Counsel CITY By: David F. Romero Mayor ATTEST: By: Audrey Hooper City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: By: � Date: Jonath . Lowell t y ttorney City—Zone 9 Agreement 4 Rev 1-14-2008