HomeMy WebLinkAbout10/29/1991, C-4 - AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR 1991-92 MEn
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city Of Sd1'1 LUIS OBISpO '- 9-91
727
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: David F. Romero, Public Works Director PP14,�
PREPARED BY: Dennis E. Cox, Streets Manage
SUBJECT: Agreement between the City of San Luis Obispo and San
Luis Obispo County Flood Control District Zone 9 for 1991-92
CAO RECOMMENDATION: Adopt resolution authorizing the Mayor to
execute an agreement with San Luis Obispo County Flood Control
District Zone 9 for the City to perform reimbursable creek
maintenance.
DISCUSSION:
As a participant in San Luis Obispo County Flood Control District
Zone 9, the City of San Luis Obispo is eligible for monies for
designated repair and maintenance programs in City creeks. For
1991-92, Zone 9 has authorized funds in the amount of $55, 000 for
streambed maintenance, $2, 000 for Giant Reed eradication and
$200, 000 for small improvement projects.
FISCAL IMPACT:
The total cost of all the projects outlined in the agreement is
estimated to be $282 , 000. Execution of the Agreement will make
available to the City $257, 000 during FY 1991-92 to be used for
erosion control and maintenance of major waterways. The balance
of the funds needed is available from other sources previously
budgeted by the City.
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.
ATTACHMENTS:
Zone 9 Project Funding Summary
Resolution
Agreement
ZONE 9 PROJECT FUNDING SUMMARY
PROJECTS ESTIMATED COST
Old Garden Creek $25,000
Detention Dams $505000
Prefumo Creek Outfall $509000
SL Creek @ Madonna $20,000
SL Creek @ Mission Trailer
Park $303000
Prefumo Creek @ Laguna
Lake $509000
Streambed Maintenance $555000
Giant Reed Eradication S 2.00
Total: $282,000
FUNDING
Reimbursement: $2579000
Other Existing City
Funding Sources: 25.00
Total: $282,000
RESOLUTION NO. (1991 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LIIIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND SAN LIIIS 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 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 , 1991.
MAYOR RON DUNIN
ATTEST:
CITY CLERK PAMELA VOGES
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Resolution No. (1991 series)
Page 2
APPROVED:
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AGREEMENT
AGREEMENT BETWEEN SAN LIIIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LIIIS OBISPO FOR STREAMBED CLEARING
PROGRAM, GIANT REED ERADICATION PROGRAM,
AND STREAMBED IMPROVEMENT PROGRAM
This Agreement entered into the day of ,
1991, between the San Luis Obispo County Flood Control and Water
Conservation District, Zone 9 (hereinafter referred to as 'TZone 90)
and the City of San Luis Obispo (hereinafter referred to as
ffCltyp) ;
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 1991-92 budget appropriation includes $60, 000 for
the streambed clearing program and $5, 000 for the Giant Reed
Eradication Program.
WHEREAS, the 1991-92 budget appropriates $350, 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 1991-92 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. 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 ."
�-y- 7
a. Old Garden Creek at Mountain View -- estimate cost
of $25, 000 to replace the culvert floor which is
failing.
b. One-half of the cost of the study on the
feasibility of constructing a detention dam or dams
on the upper San Luis Obispo Creek to lessen the
flood hazard to the City and other downstream
properties -- estimate total cost of not more than
$50, 000 of which Zone 9's maximum contribution
would be $25, 000.
C. Prefumo Creek Outfall at Los Osos Valley Road --
Replace deteriorating concrete wall with Gabions to
prevent bank erosion. Estimated cost $50,000.
d. San Luis Obispo Creek at Madonna Road - - Remove
gravel from the concrete lined banks to restore to
full flow capacity. Estimated cost $20,000.
e. San Luis Obispo Creek at Mission Trailer Park (546
Higuera) -- Remove obstructions and stabilize banks
that have encroached into the channel. Estimated
cost $30, 000.
f. Prefumo Creek at Laguna Lake -- Remove silt and
debris deposits at the point the Creek discharges
into Laguna Lake to open up the channel capacity.
Estimated cost $50, 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 $200, 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.
t4 00
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, 1991 and
terminate on June 30, 1992.
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 dgents 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. 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.
S. 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 $200, 000 for
the City to accomplish the following improvement projects
program:
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 By:
Date : Dated:
CITY OF SAN LIIIS OBISPO
By:
ATTEST: ATTEST:
City Clerk, Pamela Voges Clerk, Board of Supervisors
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