HomeMy WebLinkAbout10/11/1988, C-2 - AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZONE 9 MO NG�1, 1988
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COUNCIL AGENDA REPORT
FROM: David F. Romero Dennis E. Cox ;-,Prepared by: David Pierce
Public Works Dir. Streets Mgr.'!; Projects Mgr
SUBJECT:
Agreement between the City of San Luis Obispo and San Luis Obispo
County Flood Control District Zone 9
CAO RECOMMENDATION:
By Resolution approve agreement with San Luis Obispo County Flood
Control District Zone 9 and authorize the Mayor to sign the
Agreement
BACKGROUND:
As a participant in San Luis Obispo County Flood Control District
Zone 9 (Zone 9) , the City of San Luis Obispo is eligible for monies
for designated repair and maintenance programs in city creeks. This
year Zone 9 has authorized funds in the amount of $48,300 for
streambed maintenance and $20,000 for Giant Reed eradication and
$130,000 for six specific projects.
ALTERNATIVES:
1 . Council may modify the Agreement as it wishes and adopt it, thus
permitting continuation of City maintenance for erosion control
within the City limits.
2. Council may fail to adopt the agreement thereby returning
responsibility and funding to County jurisdiction.
FISCAL IMPACT:
Execution of the Agreement will make available to the City $198,300
during FY 1988-89 to be used by the City in erosion control and
maintenance of major waterways. These costs have been anticipated in
the FY 1988-89 City Budget.
RECOMMENDATION•
By Resolution approve Agreement with San Luis Obispo County Flood
Control District Zone 9 and authorize the Mayor to sign the
Agreement.
Attachments: 1 . Resolution
2 . Agreement
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RESOLUTION NO. (1988 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 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 city creeks.
NOW, THEREFORE, BE IT 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 1988.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
Resolution No. (1988 Series)
Page Two
APPROVED:
City Adm nistrative Officer
4 J
City to y
;�
Fi n e Director
Public Works Director
_-rte
Streets Manager
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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 , 1988 ,
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" ) ;
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 1988-89 budget appropriation includes $54 , 300 for
the streambed clearing program and $20 ,000 for the Giant Reed
Eradication Program.
WHEREAS, the 1988-89 budget appropriates $245 , 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.
3. The City shall be provided not more than $48 , 300 of the funds
budgeted in Zone 9 in the 1986-87 fiscal year for the streambed
clearance program and an additional sum of not more than
$20,000 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 .rec.eipt of evidence of work performed
on the basis of monthly statements submitted for payment .
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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
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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. Zone 9 will assist City in obtaining California Conservation
Corps ' cooperation on work within the City limits and will be
responsible for arrangements with the California Conservation
Corps for work outside of the City limits but within the Zone 9
boundaries . _
12. 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 :
13 . Zone 9 shall provide funding up to an amount of $130 ,000 for
the City to accomplish the following improvement projects
program:
a. San Luis Obispo Creek at Prado Road Bridge -- estimated
cost of $20,000 to stabilize bank and channel around piers
with gabions .
b. Stenner Creek at Foothill Boulevard -- estimated cost of
$20 ,000 to remove gravel from culvert and from streambed
immediately downstream of the culvert and install gabions
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C-�-�
to reinforce the banks and to reshape the channel upstream
of the culvert .
C . Old Garden Creek at Center Street -- estimated cost
$25 ,000 to grade downstream channel and construct low wall
to stablize the bank .
d . Old Garden Creek at Mountain View -- estimated cost
$25 , 000 to repour the floor in culvert .
e . Prefumo Creek -- Los Osos Valley Road to Lake -- estimated
cost $30 ,000 to dredge material to keep the channel open
and make room for material that will be transported in by
future storms.
f . One-half of the cost of a study on the feasibility of
constructing a detention dam or dams on upper San Luis
Obispo Creek to lessen the flood hazard to the City and
other downstream properties -- estimated total cost of not
more than $20 ,000 with Zone 9 ' s maximum contribution of
$10,000.
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 $130 ,000 for said
small improvement projects 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 .
GENERAL TERMS:
18 . Term. This agreement , will commence on July 1 , 1988 and
terminate on June 30 , 1989 .
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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.
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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
Chairman of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR .
County Counsel
By : By :
Deputy County Counsel City Attorney , Roger Picquet
Dated: Dated:
CITY OF SAN LUIS OBISPO
By :
Mayor, Ron Dunin
ATTEST: ATTEST:
City Clerk, Pamela Voges Clerk , Board of Supervisors
M/nt
4098x 0013x
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