HomeMy WebLinkAbout07/05/1995, 5 - SALINAS RESERVOIR EXPANSION PROJECT OWNERSHIP TRANSFER AGREEMENTS. CI Ly O f san LUIS OBISPO MEETING D 5,
Jul 5, 1995
COUNCIL AGENDA REPORT ITEM
NUMSER:
FROM: John Moss A Prepared By: Gary W. Henderson 4-*m
Utilities UKrector Water Division Manager
SUBJECT: Salinas Reservoir Expansion Project Ownership Transfer Agreements.
CAO RECOND4ENDATION:
By Motion, approve the language for the ownership transfer agreements and authorize the Mayor
to execute the agreements.
DISCUSSION:
Background
The Salinas Dam,.facilities and surrounding property are owned by the federal government. The
dam was originally constructed to serve water for Camp San Luis Obispo as well as the City of
San Luis Obispo. The water from the reservoir has been used almost exclusively by the City
of San Luis Obispo. Since the Salinas Reservoir no longer serves a federal purpose, the U.S.
Army Corps of Engineers (Corps) has been interested in transferring the facilities to a local
agency for many years. Both the City and the County of San Luis Obispo have expresser)
interest in acquiring ownership of the facilities but in the past have not agreed on which agency
should gain control. During discussions with the Corps of Engineers concerning the expansion
project, the Corps indicated that the expansion project could not proceed until the ownership of
the facilities were transferred to a local agency. This was done to motivate the City and the
County to resolve the issue of which agency should gain control.
In November 1992, the San Luis Obispo City Council endorsed the concept of transferring the
ownership of the Salinas Dam, related facilities, and surrounding property to the County. This
decision was based on the City's desire to proceed with the reservoir expansion project and the
understanding that north county agencies would be opposed to the City controlling the operation
of the valves which regulate water releases required under the live steam agreement.
Agreements
The City and County staff have negotiated the draft agreements intended to protect each agency's
interests at the lake. These draft agreements have been presented to north county agencies for .
their information. The draft agreements are included as attachments to this report. There are
three separate agreements: the ownership transfer agreement, the operation and maintenance
agreement and the recreation agreement. Following transfer of ownership, the facilities would
continue to be operated as they have in the past. Theproperty transfer is operationally
"transparent" and the only change will be who owns the-facilities.
city of San s osispo
COUNCIL AGENDA REPORT
Salinas Reservoir Ownership Transfer
Page 2
Although the approval of these agreements by the City and County do not formally transfer the
property, the opponents to the expansion project are opposed to the property transfer because
it may facilitate future approval of the expansion project. . Some of the key areas of the
ownership transfer agreement are summarized below:
■ The agreement is between the City of San Luis Obispo, the County of San Luis
Obispo, and Zone 17 of the San Luis Obispo Flood Control and Water
Conservation District (Zone 17).
■ The ownership of the Salinas Dam, related facilities and surrounding 4,400 acres
of property would transfer to Zone 17.
■ The County and Zone 17 would agree to endorse and,cooperate with the City in
the furtherance of the City's Salinas Reservoir Expansion Project.
■ The County has the option to receive up to 100 acre-feet per year from Salinas
Reservoir for Waterworks District#6, which serves the town of Santa Margarita,
if the expansion project is accomplished.
■ If the County does not exercise the above option within 10 years or the County
(through Waterworks District#6)decides to participate in the Nacimiento Project,
the option is lost.
■ If the County exercises the above option, the agreement requires that they pay
their prorita share of the costs associated with the reservoir expansion project and
ongoing operation and maintenance expenses.
■ The City and County agree to share the costs (50-50)associated with the property
transfer (ie. additional studies, etc.) up to a maximum County share of$100,000.
North county agencies and individuals are opposed to the ownership transfer because this is one
of the avenues available for halting the expansion project. In particular, a number of individuals
and agencies are opposed to the language in the ownership agreement which states that "the
County will agree to endorse and cooperate in the furtherance of the Salinas Reservoir Expansion
Project". The intent of the language is to insure that if the property is transferred, the County
would not obstruct the reservoir expansion project. This is an essential component of the
agreement and is necessary to insure that the expansion project will not be blocked by the Board
of Supervisors following property transfer. The expansion project will still have to satisfy all
related requirements (ie. certification of the EIR and resolution of protests to the City's water
rights permit) prior to beginning construction.
���� i ►�IIIIIII�II°j���l�l city of San S OBISpo
COUNCIL AGENDA REPORT
Salinas Reservoir Ownership Transfer
Page 3
Additional Studies
The approval of the ownership transfer agreements by the City and County does not formally
transfer the property. Additional studies and processes must be completed prior to the property
transfer, these include NEPA compliance, cultural resource study and hazardous material
evaluation. If the County approves the draft agreements, the costs associated with these studies
and other related ownership transfer expenses would be shared between the two agencies.
Meeting with Corps
On May 16, 1995, a meeting was held in Los Angeles with the Army Corps of Engineers staff.
The meeting was attended by City and County staff, as well as representatives from.the City's
consultant for the project (Woodward-Clyde). The meeting was held to discuss the ownership
transfer and to identify the work necessary to proceed with the transfer. The Corps are anxious
to accomplish the property transfer and strongly encouraged the City and the County to move
forward with the approval of the agreements between the two agencies. The Corps has agreed
that the ownership transfer and the expansion project are separate issues and an environmental
assessment (EA) for the transfer of ownership will not require detailed analysis of the impacts
associated with the expansion project. The impacts of the expansion project will be addressed
in the environmental impact report that is currently being prepared. City and County staff
indicated that the property transfer was beneficial for all parties involved, even if the expansion
project does not happen.
Benefits
The transfer of ownership to the County Flood Control and Water Conservation District under
the terms of the draft agreements has benefits for both the County and the City. The transfer
will insure that the lake and surrounding property will be available for recreational purposes in
the future and will remain under County control. The agreements also provide written
contractual language between the City and the County Flood Control and Water Conservation
District concerning the operations at the lake. Currently, the City and the District have no
binding agreements concerning the operations and maintenance. The City and County staff have
worked very positively for the past several years on issues concerning the budget and operational
issues. The operations and maintenance agreement will provide the mechanism to insure that .
the cooperative relationship will continue in the future.
Follow-Up Action
Following Council approval, the agreements will be presented to the County Board of
Supervisors as the board of the Flood Control and Water Conservation District for approval.
�..z-_1
city of San , ,s OBISpo
COUNCIL AGENDA REPORT
---------------
Salinas Reservoir Ownership Transfer
Page 4
Once the agreements have been executed by both the City and County, staff will begin work
with the Corps, our consultant and other involved agencies to complete the ownership transfer.
FISCAL IIbIPACT
The additional studies necessary to allow for the property transfer to occur have been estimated
to cost between $100,000 and $400,000. At this point, it is anticipated that the costs will be in
the mid to low end of the price range. The additional studies and costs are currently being
refined through consultations with involved regulatory agencies and will be presented to Council
in the near future.
Attachments: A. Salinas Reservoir Ownership Transfer Agreement
B. Salinas Reservoir Operation and Maintenance Agreement
C. Joint Powers Agreement between Zone 17 of the San Luis Obispo County
Flood Control and Water Conservation District and the County of San
Luis Obispo for Operation of the Santa Margarita Lake Regional Park and
Natural Area
SALINAS RESERVOIR OWNERSHIP TRANSFER
AGREEMENT
THIS AGREEMENT is made this day of , 1995,
by and between the CITY OF SAN LUIS OBISPO ("City") , a Charter
municipal corporation of the State of California, the COUNTY OF SAN
LUIS OBISPO ("County") , a subdivision and one of the counties of
the State of California, and Zone 17 of the SAN LUIS OBISPO COUNTY
FLOOD -CONTROL AND WATER CONSERVATION DISTRICT ("Zone 17") , a local
governmental entity of the State of California.
RECITALS
WHEREAS, the Salinas Dam and Reservoir were built in 1941 by
the United States War Department to supply water to Camp San Luis
Obispo and the City of San Luis Obispo; and
WHEREAS, the Salinas Dam and Reservoir, related facilities,
and certain of the surrounding real property ("Project") , are
currently owned by the Army Corps of Engineers ("ALOE") , and are
leased to the San Luis Obispo County Flood Control and Water
Conservation District ("District") and to the County of San Luis
Obispo ("County") , who are responsible for the Project's operation
and maintenance; and
WHEREAS, in 1941 the City applied for and received Permit No.
5882, dated October 9, 1941, from the State Division of Water
Resources, said permit granting to the City the right to store and
appropriate 45,000 acre-feet of water per year from the Salinas
River at the Salinas Reservoir, and to divert directly 12.4 cubic
SLO 1-93
J�J
feet per second (cfs) ; subordinate only to an identical senior
permit, No. 5881, issued to the War Department (as predecessor in
interest to ACOE) , and subject to State Water Resources Control
Board Order 78-3 (otherwise known as the "Live Stream Agreement") ,
and
WHEREAS, as currently constructed, the storage capacity of the
Project is 23,842 .9 acre-feet; and
WHEREAS, City now desires to increase the storage capacity of
the Project up to the previously permitted 45, 000 acre-feet by the
installation of spillway gates on the Salinas Dam in order to meet
current and projected future water supply demands in the City; and
WHEREAS, ACOE has been interested in transferring ownership of
the Project to a local agency for many years, and ALOE had
indicated that any increase in the storage capacity of the Salinas
Reservoir must first be preceded by transfer of ownership to a
local agency; and
WHEREAS, the Salinas Reservoir is one of the major sources of
water for the City; and the City has, since 1944 , been using this
water beneficially, prudently and with due diligence in increasing
amounts to serve municipal purposes; and
WHEREAS, the Zone 17 has the authority, pursuant to the
provisions of the San Luis Obispo County Flood Control and Water
Conservation District Act, Act 7205 of the California Water Code-
Uncodified Acts of California, to do all things required of Zone 17
by this Agreement; and
SLO 2-93
�P
WHEREAS, the City has been paying all costs for the operation
and maintenance of the Salinas Dam and water delivery facilities;
WHEREAS, the Project includes a major recreational facility
which benefits all County residents; and
WHEREAS, the County currently operates the recreational
facilities and the San Luis Obispo Flood Control and Water
Conservation District currently operates the Salinas Dam, the
Salinas Reservoir and water delivery facilities at the Project; and
WHEREAS, San Luis Obispo County Waterworks District No. 6
("Waterworks No. 611) has been granted a Permit No. 7253
(Application No. 11745) , from the State Division of Water
Resources, said water permit granting to Waterworks No. 6 the right
to store and appropriate 200 acre-feet of water per year from the
Salinas River at the Salinas Reservoir, and to divert directly 1.5
cubic-feet per second; and
WHEREAS, the City and Zone 17 desire, under certain conditions
provided for herein, to provide water from Salinas Reservoir to
Waterworks No. 6 by means of this Agreement; and
WHEREAS, in order to facilitate the transfer of ownership of
the Project and thereby obtain expansion of the Salinas Reservoir
by the installation of spillway gates on the Salinas Dam, the City
Council of the City of San Luis Obispo, on November 16, 1992,
approved in concept the transfer of ownership of the Project to the
San Luis Obispo County Flood Control and Water Conservation
District, provided the City's interest in the Salinas Reservoir as
the primary water supply for the City is adequately protected;
SLO 3-93
NOW, THEREFORE, in consideration of their mutual covenants,
and in furtherance of the above recitals, the Parties hereto agree
as follows:
1. Effect of Avreement. Except for those provisions relating
to cooperation between City and Zone 17 to effect a transfer of the
Project, this Agreement and all rights and duties of the Parties
hereunder are subject to the express condition precedent that the
Project is conveyed to Zone 17.
2. Proiect Description. The Project consists of the Salinas
Dam in the northwest quarter of Section 8, T 30 S, R 14 E, M.D.B.
& M. , Salinas Reservoir, certain lands adjacent thereto,
recreational facilities, and the pipelines, tunnel, pumping plants
and other facilities appurtenant thereto, as more fully set forth
in the certain lease (Lease No. DACW09-73-56) between the U.S. Army
Corps of Engineers and the San Luis Obispo County Flood Control and
Water Conservation District, which is incorporated herein by
reference.
3. Transfer of Ownership.
A. The City and Zone 17 shall fully cooperate and assist in
the transfer of ownership of the Project from ALOE to Zone 17, and
shall take such steps and attend any necessary meetings to
facilitate an expeditious and cost effective transfer. The City
shall be the lead agency on the ownership transfer. The City, Zone
17 and County each agree to provide their respective personnel and
direct administrative support, at no charge or expense to any other
party, to facilitate the transfer of ownership. A representative
SLO 4-93
J �O
from each Party shall be designated to meet with ACOE on the
transfer of ownership.
B. The parties agree that all costs associated with the
transfer of ownership (other than each entity's own staff and
direct administrative support) , including but not limited to all
required studies, surveys, legislation, interagency costs, shall be
shared between the City and the San Luis Obispo Flood Control and
Water Conservation District ("District") in the following
percentages. The City agrees to pay 500 of all applicable costs,
and the District agrees to pay 50% of all applicable costs up to a
maximum cost to the District of $100, 000.
4 Salinas Reservoir Expansion Project.
A. Zone 17 and County agree to endorse and cooperate with the
City in the furtherance of the City's Salinas Reservoir Expansion
Project, as that expansion project is more fully described in the
"Draft Environmental Impact Report for the Salinas Reservoir
Expansion Project" , which is incorporated herein by reference.
Zone 17 and County agree to cooperate with the City as City
accomplishes any necessary mitigation measures identified in the
City's Salinas Reservoir Expansion Project environmental review or
other documentation, and shall provide assistance in obtaining any
required County permits, and in complying with County conditions.
B. The City shall do or cause to be done all work necessary
to accomplish construction of the spillway gates on the Salinas
Dam, and other related work for the expansion of the Salinas
Reservoir storage capacity, at its sole cost and expense. Before
SLO 5-93
S-9
the City shall undertake the aforesaid construction and works, the
City shall submit the plans and specifications for said
construction and works to the County Engineer of the County and
shall consult with the County Engineer regarding said plans and
specifications. If the County Engineer objects to any part of the
plans or specifications, the County Engineer shall notify, in
writing, the City within 30 days of receipt. If , the City agrees
with any of the County Engineer's objections, the said plans and
specifications shall be changed to eliminate or correct said
objections. If the City disagrees with any of the said objections
of the County Engineer, the City shall so notify, in writing, the
County Engineer.
As owner of the Salinas Dam, Zone 17 will be responsible for
the safety of the structure and is accountable to the State
Department of Water Resources Division of Safety of Dams (DSOD) .
By this Agreement, the City agrees to assume all responsibility for
gaining the approval of DSOD for the Salinas Reservoir Expansion
Project.
The City also agrees to assume all liability for any damage,
cost or injury to any entity, agency or individual that may be
caused in any way by the Salinas Dam modifications constructed by
the City. This liability includes, but is not limited to,
structural failure of facilities constructed by the City,
inundation by increased storage, inundation by increased discharge
in the event of Salinas Dam failure, and claims of interruption of
flow in the Salinas River.
C. The City agrees that existing County recreation facilities
SLO 6-93
�•Al
inundated as a result of the expansion of the Salinas Reservoir
storage capacity shall be replaced and/or relocated at City's sole
cost and expense as shown on the conceptual Recreation Facilities
Relocation Plan (Exhibit C) . Included in the City's replacement
obligations under this part shall be the one-for-one replacement of
the well and potable water system and the sewage collection and
treatment system which now serve the said existing County
recreation facilities, with facilities equivalent to those in
existence on the date of execution of this Agreement.
5. Rater Rights.
A. Zone 17 and the County acknowledge the City's rights as
set forth in said Permit No. 5882 (as modified by the "Live Stream"
Agreement) and agree that the County or Zone 17 shall not seek to
modify the area of beneficial use for water under appropriation
issued pursuant to Application No. 10211 without first obtaining
the City's agreement to such modification; except that Zone 17 and
the City agree that they will cooperate in providing water from
Salinas Reservoir to Waterworks No. 6 as provided for by Paragraph
8 of this Agreement, including obtaining a modification to said
area of beneficial use if necessary to provide water to Waterworks
No. 6.
B. Upon transfer of ownership of the Project to Zone 17, Zone
17 will continuously operate and maintain the Salinas Dam and the
Salinas Reservoir in a manner that will achieve the purpose of
appropriating water under Permit No. 5882 for the benefit of the
City. All matters related to the diversion, storage and use of
water appropriated from the Salinas River shall be carried out by
SLO 7-93 l
Zone 17 pursuant to Permit No. 5882 including but not limited to
the quantity of water to be diverted to and from storage in the
Salinas Reservoir. Zone 17 shall exercise good faith in carrying
out the provisions of Permit No. 5882. Neither Zone 17 nor County
shall do any . act which will reduce or impair the City's rights
under Permit No. 5882. County and Zone 17 agree that, as among the
parties to this Agreement, the water rights and privileges of the
City existing prior to the execution of this agreement, including
but not limited to Permit 5882, License No. DA-04-353-eng-1943, and
the area for beneficial use for water under appropriation issued
pursuant to application number 10211, shall not be changed or
impaired by this Agreement except as otherwise expressly provided
herein.
C. No provision of this Agreement shall be considered to be
in derogation of any existing water right(s) or claim(s) to water
right(s) by or any agreements concerning water rights of any party
hereto, including but not limited to overlying, prescriptive,
appropriative, riparian, or pueblo rights, nor shall it be
construed to result in any relinquishment or adjustment of any such
water rights or claims thereto; and, in particular, no provision of
this Agreement shall be considered to diminish, reduce or affect, in
any way, any party's rights pursuant to California Water Code
Section 1005.1 and/or Section 1005.2
6. Water Transmission Facilities.
A. Zone 17 shall be responsible for operation and maintenance
of the water transmission facilities which supply water to the City
from the Salinas Reservoir and shall deliver Salinas Reservoir
SLO 8-93
S'102
applicable state and federal health and safety laws and regulations
in the use of the reservoir as a domestic water supply for the
residents of the City and Waterworks No.6 .(as Waterworks No. 6
rights are provided. for by Paragraph S of this Agreement) . It is
anticipated that Zone 17 will enter into an agreement with the
County for the said operation and maintenance of recreational
facilities by the County with the terms and conditions of such
agreement to be in substantially the form and effect as the
attached Exhibit B.
B. The City shall have no responsibility for any costs
associated with the operation, maintenance, or capital costs of any
recreational facilities at the Project, except as provided in
Paragraph 4C of this Agreement..
C. The City, Zone 17 and County shall work together during
the design and construction phase of the Salinas Reservoir
Expansion Project to minimize the impacts to the public's
recreational opportunities at the Project. Construction and
relocation of recreation facilities will likely require restricted
access to areas around the Salinas Reservoir during certain
periods. The development. of the plans and specifications will
attempt to minimize the length of restricted access by phasing
construction activities in order to maintain access, even though,
at times access will, of necessity, be restricted.
8. Waterworks No. 6.
A. City, Zone 17 and County agree that following the
construction of the Salinas Reservoir Expansion Project, Waterworks
No. 6 shall have the right to receive, every year, 100 acre-feet of
SLO 10-93
water, insofar as such is available, to the City at such times and
at such rates of flow within the capacity of the delivery
facilities as the City shall from time to time specify. Zone 17
shall continue to be responsible for meeting the requirements of
the Live Stream Agreement (as required by amendments to Permit
#5881 and 5882) and the physical operation of the valves on the
Salinas Dam which control downstream releases. Zone 17 shall also
be responsible for monitoring the establishment of the live stream
at the appropriate observation points prior to adding water to
storage at the Salinas Reservoir.
B. The specific terms and conditions concerning operation and
maintenance of the Salinas Dam, the Salinas Reservoir and the water
transmission facilities will be addressed in a separate agreement
between the City and Zone 17 substantially similar in form and
effect as the attached Exhibit A and as said Exhibit A may from
time to time be amended by mutual agreement of the parties thereto.
7. Recreation Facilities.
A. The City, Zone 17, and County acknowledge that the County
of San Luis Obispo currently maintains and operates recreational
facilities, open to the public, at the Project which are compatible
with the rights of the City under said Permit No. 5882. The City,
Zone 17 and County intend . that the County shall continue to
maintain and operate the said recreational facilities and, from
time to time, modify and/or expand said facilities, provided, that
the said recreational facilities and operations shall continue to
be- only those which are compatible with the rights of the City
under said Permit No. 5882 and said Permit No. 7253 and with
SLO 9-93
S-/3
water from the said Salinas Reservoir; provided that, the said
right of Waterworks No. 6 is conditioned upon Waterworks No. 6
giving written notice to City, within ten years from completion of
the said Salinas Reservoir Expansion Project, that Waterworks No.
6 elects to exercise its right to thereafter receive 100 acre-feet
per year from the Salinas Reservoir; and, further provided that, in
the event that (i) the San Luis Obispo County Flood Control and
Water Conservation District (District) or other agency constructs
the "Nacimiento Project" (a project to deliver Lake Nacimiento
water, to which the District has certain rights, to public agencies
within the County, and (ii) Waterworks No. 6 takes delivery of
water from the said Nacimiento Project as a substantial and
continuous source of water to Waterworks No. 6, then, at such time,
the provisions of this Paragraph No. 8 shall be of no further force
or effect and Waterworks No. 6 shall be entitled to no rights by
reason of this Agreement or under any other provisions of this
Agreement.
B. In the event that Waterworks No. 6 shall exercise the
option granted by the parties in this part, Waterworks No. 6 shall
Pay:
(i) to the City and the District, a portion of the costs
and expenses incurred by the City and the District in accomplishing
the transfer of ownership of the Project from the ACOE to Zone 17,
the said Waterworks No. 6 portion being the result of dividing 100
by 5450; and
(ii) to the City, a portion of the costs and expenses
incurred by the City for the construction of the Salinas Reservoir
SLO 11-93
Expansion Project including but not limited to: installation of
spillway gates, relocation of recreation facilities, and
environmental mitigation measures, the said Waterworks No. 6
portion being the result of dividing 100 by 1650; and
(iii) to Zone 17, the actual annual operation and
maintenance costs and expenses of making Salinas Reservoir water
available to Waterworks No. 6, the said Waterworks No. 6 costs
being 100/5450ths of the actual annual operation and maintenance
costs and expenses of making Salinas Reservoir water available to
the City after first subtracting from said actual annual costs and
expenses those costs and expenses attributable to supplying water
to the City downstream from the Waterworks No. 6 Turnout.
C. Waterworks No. 6 is a third-party beneficiary of this
Agreement.
D. The said 100 acre-feet of water from the Salinas
Reservoir shall be delivered by Zone 17 to Waterworks No. 6 from
the Waterworks No. 6 Turnout which shall be located as follows:
(i) At the existing blow-off valve in the vicinity of
the town of Santa Margarita (the said valve being located at or
near pipeline station 424+36) ; or
(ii) At a turnout paid for by Waterworks No. 6 and
constructed by Zone 17 in the vicinity of the town of Santa
Margarita.
E. The parties further agree, concerning this paragraph No.
8, that the provisions of this paragraph and the obligations of
City and Zone 17 described herein and the rights of Waterworks No.
6 described in this paragraph shall not accrue nor be effective
SLO 12-93
unless and until the City installs spillway gates on the Salinas
Dam such that the storage capacity of the Salinas Reservoir is
increased to an amount greater than 23,900 acre-feet and that, by
including this paragraph in this Agreement, the City has not, and
does not, become obligated to Waterworks No. 6 to install the said
spillway gates or in any other way increase the storage capacity of
the Salinas Reservoir.
9 . Water Ouality. The City, Zone 17 and County acknowledge
and agree that the City is ultimately responsible for the quality,
quantity and cost of water delivered by City to its residents, and
therefore:
A. The City shall have full authority to require Zone 17 to
restrict or prohibit any activity at the Salinas Reservoir which is
determined by the County Health Officer, the State Department of
Health Services, the State Water Quality Control Board, Regional
Water Quality Control Board or other appropriate state or federal
regulatory agencies to adversely impact the City's ability to
adequately treat or deliver water or increases the City's cost to
do so, as required by municipal, state or federal laws or
regulations.
B. Prior to any change by the County or Zone 17 of their
respective operations of facilities at the Project, which change
could forseeably have an adverse effect on the quality or quantity
of the water that the City delivers to its residents or increases
the City's cost to treat or deliver said water, the party desiring
to make said change shall first notify the City of the party's
intent to make the change at least 60 days in advance of the date
SLO 13-93
s-17
that the change is intended to be accomplished.
10. Notices. Any notice to be given or other document to be
delivered by any party to -the other hereunder shall be in writing
and delivered to the party by personal delivery or by depositing
the same in the United States Mail with first class postage
thereon, fully prepaid, and addressed to the party for whom
intended, as follows:
City: Zone 17:
City Administrative Officer County Engineer
City of San Luis Obispo County Government Center
990 Palm Street, P.O. Box 8100 San Luis Obispo, CA 93408
San Luis Obispo, CA 93403-8100
County:
General Services Director
County Government Center
San Luis Obispo, CA 93408
Any party hereto may from time to time by written notice to
the other parties designate a different address which shall be
substituted for the one above specified. Notices shall be
effective when received. Any notice or other document sent by
certified mail, as required herein, shall be deemed received
seventy-two (72) hours after the mailing thereof.
11. Applicable Law. This Agreement shall be construed in
accordance with the laws of the State of California.
12. Time of the Essence. Time is of the essence in the
performance of the respective obligations of the Parties under this
Agreement.
13. Indemnification.
A. Nothing in the provisions of this Agreement is intended to
SLO 14-93
create duties or obligations to or rights in third parties not
parties to this contract (other than Waterworks No. 6) or affect
the legal liability of any party to this contract by imposing any
standard of care different from the standard of care imposed by
law.
B. It is understood and agreed that neither City, •nor any
officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be
done by the County or Zone 17 under or in connection with any work,
authority or jurisdiction delegated to the County or Zone 17 under
this Agreement. It is also understood and agreed that pursuant to
Government Code 895.4, County and Zone 17 shall defend, indemnify
and save harmless the City, all officers and employees from all
claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or
damage to property resulting from anything done or omitted to be
done by the County or Zone 17 under or in connection with any work,
authority or jurisdiction delegated to the County or Zone 17 under
this Agreement except as otherwise provided by Statute.
C. It is understood and agreed that neither County, Zone 17,
nor any officer or employee thereof is responsible for any damage
or liability occurring by reason of anything done or omitted to be
done by the City under or in connection with any work, authority or
jurisdiction delegated to the City under this Agreement. It is
also understood and agreed that pursuant to Government Code 895.4,
City shall defend, indemnify and save harmless the County and Zone
17, all officers and employees from all claims, suits or actions of
SLO 15-93
Si9
every name, kind and description brought for or on account of
injuries to or death of any person or damage to property resulting
from anything done or omitted to be done by the City under or in
connection with any work, authority or jurisdiction delegated to
the City under this Agreement except as otherwise provided by
Statute.
14. Dispute Resolution. The parties will attempt in good
faith to resolve any controversy or claim arising out of or
relating to this Agreement promptly by negotiations between the
appropriate project managers of the parties. If a controversy or
claim should arise, the appropriate project managers will meet at
least once and will attempt to resolve the matter. Either project
manager may request the other to meet within fourteen days at a
mutually agreed time and place. If the matter has not been
resolved within twenty days of their first meeting, the project
managers shall refer the matter to their respective chief
administrative officers. Thereupon, the project managers shall
promptly prepare and exchange memoranda stating the issues in
dispute and their positions, su=arizing the negotiations which
have taken place and attaching relevant documents. The chief
administrative officers will meet for negotiations within fourteen
days of the end of the twenty-day period referred to above, at a
mutually agreed time and place. Provisions of this paragraph shall
not deprive any party of any other remedy provided by law.
15. waiver. No waiver or any breach of any of the terms,
covenants, agreements, restrictions or conditions of this Agreement
shall be construed to be a waiver of any succeeding breach of the
SLO 16-93
Seo
same or other terms, covenants, agreements, restrictions, and
conditions hereof.
16. Modification of Agreement. No change in or modification,
termination or discharge of this Agreement in any form whatsoever
shall be valid or enforceable unless it is in writing and signed by
the party to be charged therewith or its duly authorized
representative; provided, however, that any change in or
modification, termination, or discharge of this Agreement expressly
provided in this Agreement shall be effective as so provided.
17. Assignment or Transfer. Neither party shall assign or
transfer this Agreement without the prior written consent of the
other party first had and received. City reserves the right to
refuse any proposed transfer or assignment if, in City's sole
discretion, such transfer or assignment could adversely impact the
City's water supply. Zone 17 reserves the right to refuse any
proposed transfer or assignment if in Zone 17's sole discretion,
such transfer or assignment could adversely impact Zone 171's
operations at the Project.
18. Good Faith. City, Zone 17 and County shall each act in
good faith in performing their respective obligations as set forth
in this Agreement.
19. Remedies not Exclusive. The use by any party of any
remedy specified herein for the enforcement of this Agreement is
not exclusive and shall not deprive the party using such remedy of,
or limit the application of, any other remedy provided by law.
SLO 17-93
20. Headings. The titles to the sections of this Agreement
and the Table of Contents are not a part of this Agreement and
shall have no effect upon the construction or interpretation of any
part of this Agreement. The headings used herein are inserted only
as a matter of convenience and for reference, and in no way define,
limit or describe the scope or intent of any section hereto.
21. Review by Counsel. Each party is represented by legal
counsel. Each party and its legal counsel have reviewed this
Agreement. Any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply in
the interpretation of this Agreement or any amendments or
attachments hereto.
22. Entire Agreement. This Agreement, together with its
exhibits incorporated herein by reference, constitutes the entire
agreement between the Parties and there are no negotiations,
conditions, representations or agreements regarding the matters
covered by this Agreement which are not expressed herein.
23. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original.
IN WITNESS WHEREOF, the Parties have executed this agreement
as of the day and year first above written.
CITY OF SAN LUIS OBISPO
By:
Mayor Allen Settle.
ATTEST:
SLO 18-93
City Clerk Diane R. Gladwell
S�
APPROVED AS TO FORM:
A o ey
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
. By:
Chairman
Board of Supervisors of District
ATTEST:
County Clerk and ex-officio
Clerk of said Board
APPROVED AS TO FORM:
County Counsel
SLO 19-93
S�3
EXHIBIT A.
SALINAS RESERVOIR
OPERATION AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made this day of ,
19951, by and between the CITY OF SAN LUIS OBISPO ("City") , a
Charter municipal corporation of the State of California, and Zone
17 of the SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT ("Zone 17") , a local governmental entity of
the State of California.
RECITALS
WHEREAS, the Salinas Dam and Reservoir were built in 1941 by
the War Department to supply water to Camp San Luis Obispo and the
City of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo applied for and received
permit No. 5882, dated October 9, 1941 from the State Division of
Water Resources for the diversion and storage of water from the
Salinas River; and
WHEREAS, the City of San Luis Obispo has appropriated water
from the Salinas River and dedicated this water to a public use for
the benefit of its inhabitants; and
WHEREAS, the Salinas Reservoir is one of the major sources of
water for the City of San Luis Obispo; and
WHEREAS, the Zone 17 currently provides the operation and
maintenance of the Salinas Dam and the Salinas Reservoir and
related facilities for water delivery to the City; and
WHEREAS, the City currently pays all expenses related to Zone
17's operation and maintenance of the water delivery system;
S-.2�
Salinas Operations Agreement
Page 2
NOW, THEREFORE, in consideration of their mutual covenants,
and in furtherance of the above recitals, the Parties hereto agree
as follows:
1. Effect of Agreement. This agreement and all rights and
duties of the Parties hereunder are subject to the express
condition precedent that the Salinas Dam, the Salinas Reservoir,
certain surrounding real property and Related Facilities
("Project") is conveyed to Zone 1.7 by the United States Army Corps
of Engineers. This Agreement shall automatically terminate in the
event the transfer of ownership of the project fails for any reason
whatsoever, unless this Agreement is amended by mutual agreement of
the Parties.
2. Operations. Zone 17, as owner of the Project, now, and
during the term of this Agreement, shall continue to operate,
maintain, and repair the following Project facilities which serve
the City's water delivery system:
A. Salinas Dam
B. Salinas Reservoir (Lake Santa Margarita)
C. Water Transmission Facilities which supply water to
the City (including the booster station and
tunnel) . Zone 17 shall also be responsible for the
original "Army" pipeline on the westerly side of
the mountains.
D. Pumping Plant at Dam
E. Cuesta Tunnel
�o�J
Salinas operations Agreement
Page 3
F. 57, 190 lineal feet (more or less) of 18-inch
diameter reinforced concrete pipe from Salinas Dam
to Cuesta Tunnel.
G. 5,800 lineal feet (more or less) of 18-inch
diameter steel pipeline from Cuesta Tunnel to City
turnout.
H. 3,120 lineal feet (more or less) of 12-inch
diameter steel pipeline from City turnout to
terminal structure near Chorro Reservoir
I. Easements and right-of-ways for pipelines
Zone 17 shall not be responsible for City facilities, including but
not limited to:
A. City facilities starting at, and including, the
valve at the City turnout on the pipeline between
the turnout and the City's hydroelectric facility
(pipeline station 751+48) and City facilities
downstream from said valve.
B. City equipment at the South portal of the tunnel
that is used in monitoring the operation of their
hydroelectric facility.
3. Live Stream Releases. Zone 17 shall continue to be .
responsible for meeting the requirements of the "live stream
concept" (as required by amendments to' Permit #5881 and 5882) and
all other established water rights and rulings of the State water
Resources Control Board. Zone 17 will be responsible for the
Salinas Operations Agreement
Page 4
physical operation of the valves which control downstream releases
and for the monitoring the establishment of the live stream at the
appropriate observation points prior to adding water to storage at
the reservoir.
4. Water Delivery. Zone 17 shall deliver Salinas Reservoir
water at the time and rate specified by the City, subject to the
storage limitations imposed by the Salinas Reservoir. At all
times, Zone 17 shall operate and maintain the Salinas Reservoir in
a manner which does not interfere with the enjoyment of the City's
appropriative rights to water from the Salinas River and the City's
dedication of this water supply to a public use. Zone 17 shall
give the City 30 days written notice for planned maintenance work
which will limit or prevent water deliveries. In the event of an
emergency which prevents water deliveries, Zone 17 shall
immediately notify .the City of the nature and extent of the problem
and Zone 17 shall take such action as may be necessary to
reestablish transmission capability as quickly as possible. Zone
17 shall regulate the flow of Salinas Reservoir water to the City
as requested by City within the operational limits of Salinas
Reservoir delivery system. The line of communication for
requesting flow changes will be directly between City Water
Treatment Plant staff and Zone 17 Salinas Reservoir staff. The
City shall give 24-hour advance notice 'of flow change requests.
S. water duality. The City and Zone 17 acknowledge and
agree that the City is ultimately responsible for the quality,
so2r
Salinas Operations Agreement
Page 5
quantity and cost of water delivered by City to its residents, and
therefore:
A. The City shall have full authority to require Zone 17 to
restrict or prohibit any activity at the Salinas Reservoir which is
determined by the County Health Officer, the State Department of
Health Services, the State Water Quality Control' Board, Regional
Water Quality Control Board or other appropriate state or federal
regulatory agencies to adversely impact the City's ability to
adequately treat or deliver water or increases the City's cost to
do so, as required by municipal, state or federal laws or
regulations.
B. Zone 17 shall not change its manner of operation of the
Salinas Dam or the Salinas Reservoir in a manner that will
adversely affect the quality or quantity of the water that Zone 17
delivers to City or increase the City's cost to treat or deliver
said water without the consent of the City; provided that, Zone 17
shall have the authority and obligation to make such changes to its
operation of the Salinas Dam and/or Salinas Reservoir as are
required by law or regulation or for safety of the operation of the
Salinas Dam or Salinas Reservoir. Zone 17 shall notify the City at
least 60 days in advance of the date that the change is intended to
be accomplished.
6. Costs of operation. The City will pay all costs associated
with Zone 17's operation of the Salinas Dam and Salinas Reservoir
and, also, of the transmission of water from the Salinas Reservoir
s'aZO
Salinas Operations Agreement
Page 6
to the City. These costs may include an agreed-upon .reserve. The
City will not be responsible for any costs of any recreation
operations of the County of San Luis Obispo at the Project or for
any other Zone 17 or County of San Luis Obispo operations at the
Project site that are not directly related to the City water
supply. A payment schedule will be established by Zone 17 whereby
the City will make quarterly .payments of the said costs of
operation based upon an annual Zone 17 budget. At the end of the
fiscal year, the City shall receive from Zone 17 a refund or a
bill, depending on how actual costs of operation compare to the
year's Zone 17 budget. Zone 17 shall provide a statement for any
significant variance from budget.
7. Zone 17 Budgets. Zone 17 shall meet with the City on or
before January 31" of each year to discuss Zone 17's budget for the
coming fiscal year for the Salinas Dam/Reservoir. Either the City
or Zone 17 may propose capital improvements or changes in
operations for the coming year(s) . The City and Zone 17 must reach
mutual consensus on capital improvements or changes in operations
that will result in an increase in costs that will ultimately be
paid by the City, except that the City and Zone 17 shall approve
any capital improvement or change in operation mandated by law or
regulation. Zone 17 shall also provide five year budget
projections for both capital and operating programs to allow for
long range planning for the City.
.s�9
Salinas Operations Agreement
Page 7
a. statements/Audits, Zone 17 shall provide an unaudited
year-end financial statement prepared in accordance with generally
.accepted accounting principles and/or in accordance with
promulgations of the Government Accounting Standards Board,
whichever may apply, except that notes to the financial statements
shall not be required unless an audit is performed. Audits of the
statements may be required by the City at any time with the City to
pay for the audit. City shall have the right to reasonably inspect
the books .and records of Zone 17 for Zone 17's operations at the
Salinas Dam/Reservoir..
9. Data. Zone 17 shall continue to supply to the City,
monthly reservoir data which includes, but is not limited to,
rainfall, evaporation, storage, downstream releases, etc.
10. Limnology. Zone 17 shall continue limnology sampling of
the Salinas Reservoir. The sampling schedule shall be established
by the City.
11. Water Treatment. The City shall approve all treatment of
water at the Salinas Reservoir required to maintain water quality.
Zone 17 shall do all of the required water treatment at the Salinas
Reservoir. The manner and extent of water treatment shall be that
specified by the City unless Zone 17 determines that the specified
water treatment is in violation of health and safety/fish and
game/CEQA or other legal requirements. .
12. Consultation. Zone 17 will consult with the City on any
and all substantial matters concerning the operation and
5-30
Salinas operations Agreement
Page 8
maintenance of the Salinas Reservoir and Salinas Dam and attempt to
reach agreement with the City on any issue raised. In matters
where Zone 17 concludes that a request from the City is contrary to
the *law or water rights, Zone 17 would have the right to refuse the
City's request on this basis.
13. Notices. Any notice to be given or other document to be
delivered by any party to the other hereunder shall be in writing
and delivered to the party by personal delivery or by depositing
the same in the United States Mail with first class postage
thereon, fully prepaid, and addressed to the party for whom
intended, as follows:
City: Zone 17: .
City Administrative Officer County Engineer
City of San Luis Obispo County Government Center
990 Palm Street, P.O. Box 8100 San Luis Obispo, CA 93408
San Luis Obispo, CA 93403-8100
Any party hereto may from time to time by written notice to
the other parties designate a different address which shall be
substituted for the one above specified. Notices shall be
effective when received. Any notice or other document sent by
certified mail, as required herein, shall be deemed received
seventy-two (72) hours after the mailing thereof.
14. Applicable Law. This Agreement shall be construed in
accordance with the laws of the State of California.
Salinas Operations Agreement
Page 9
15. Time of the Essence. Time is of the essence in the
performance of the respective obligations of the Parties under this
Agreement.
16. Indemnification.
A. Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not
parties to this contract or affect the legal liability of any party
to this contract by imposing any standard of care different from
the standard of care imposed by law.
B. It is understood and agreed that neither City, nor any
officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be
done by the County or Zone 17 under or in connection with any work,
authority or jurisdiction delegated to the County or Zone 17 under
this Agreement. It is also understood and agreed that pursuant to
Government Code 895.4, County and Zone 17 shall defend, indemnify
and save harmless the City, all officers and employees from all
claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or
damage to property resulting from anything done or omitted to be
done by the County or Zone 17 under or in connection with any work,
authority or jurisdiction delegated to the County or Zone 17 under
this Agreement except as otherwise provided by Statute.
C. It is understood and agreed that neither County, Zone 17,
nor any officer or employee thereof is responsible for any damage
, C42
Salinas operations Agreement
Page 10
or liability occurring by reason of anything done or omitted to be .
done by the City under or in connection with any work, authority or
jurisdiction delegated to the City under this Agreement. It is
also understood and agreed that pursuant to Government Code 895.4,
City shall defend, indemnify and save harmless the County and Zone
17, all officers and employees from all claims, suits or actions of
every name,. kind and description brought for or on account of
injuries to or death of any person or damage to property resulting
from anything done or omitted to be done by the City under or in
connection with any work, authority or jurisdiction delegated to
the City under this Agreement except as otherwise provided by
Statute.
17. Dispute Resolution. The parties will attempt in good
faith to resolve any controversy or claim arising out of or
relating to this .Agreement promptly by negotiations between the
appropriate project managers of the parties. If a controversy or
claim should arise, the appropriate project managers will meet at
least once and will •attempt to resolve the matter. Either -project
manager may request the other to meet within fourteen days at a
mutually agreed time and place. If the matter has not been
resolved within twenty days of their first meeting, the project
managers shall refer the matter to their respective chief
administrative officers. Thereupon, the project managers shall
promptly prepare and exchange memoranda stating the issues in
dispute and their positions, summarizing the negotiations which
: .�33
Salinas Operations Agreement
Page 11
have taken place and attaching relevant documents. The chief
administrative officers will meet for negotiations within fourteen
days of the end of the twenty-day period referred to above, at a
mutually agreed time and place. Provisions of this paragraph shall
not deprive any party of any other remedy provided by law.
18. Waiver. No waiver or any breach of any of the terms,
covenants, agreements, restrictions or conditions of this Agreement
shall be construed to be a waiver of any succeeding breach of the
same or other terms, covenants, agreements, restrictions, and
conditions hereof.
19. Modification of Agreement. No change in or modification,
termination or discharge of this Agreement in any form whatsoever
shall be valid or enforceable unless it is in writing and signed by
the party to be charged therewith or its duly authorized
representative; provided, however, that any change in or
modification, termination, or discharge of this Agreement expressly
provided in this Agreement shall be effective as so provided.
20. Assignment or Transfer. Neither party shall assign or
transfer this Agreement without the prior written consent of the
other party first had and received. City reserves the right to
refuse any proposed transfer or assignment if, in City's sole
discretion, such transfer or assignment could adversely impact the
City"s water supply. Zone 17 reserves the right to refuse any
proposed transfer or assignment if in Zone 17's sole discretion,
such transfer or assignment could adversely impact Zone 17's
��T
Salinas operations Agreement
Page 12
operations at the Project.
21. Good Faith. City, Zone 17 and County shall each act in
good faith in performing their respective obligations as set forth
in this Agreement.
22. Remedies not Exclusive. The use by any party of any
remedy specified herein for the enforcement of this Agreement is
not exclusive and shall not deprive the party using such remedy of,
or limit the application of, any other remedy provided by law.
23. Readings. The titles to the sections of this Agreement
and the Table of Contents are not a part of this Agreement and
shall have no effect upon the construction or interpretation of any
part of this Agreement. The headings used herein are inserted only
as a matter of convenience and for reference, and in no way define,
. limit or describe the scope or intent of any section hereto.
24. Review by Counsel. Each party is represented by legal
counsel. Each party and its legal counsel have reviewed this
Agreement. Any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply in
the interpretation of this Agreement or any amendments or
attachments hereto.
25. Entire Agreement. This Agreement, together with its
exhibits incorporated herein by reference, constitutes the entire
agreement between the Parties and there are no negotiations,
conditions, representations or agreements regarding the matters
covered by this Agreement which are not expressed herein.
Salinas Operations Agreement
Page 13
26. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed to be an original.
IN WITNESS WHEREOF, the Parties have executed this agreement
as of the day and year first above written.
CITY OF SAN LUIS OBISPO
By:
Mayor Allen Settle
ATTEST:
City Clerk
AP ROVED AS FORM:
At Orly
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By:
Chairman
Board of Supervisors of District
ATTEST:
County Clerk and ex-officio
Clerk of said Board
APPROVED AS TO FORM:
County Counsel
36
EXHIBIT B
DRAFT
JOINT POWERS AGREEMENT BETWEEN ZONE 17 OF THE
SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND THE COUNTY OF SAN LUIS OBISPO FOR OPERATION.OF THE
SANTA MARGARITA LAKE REGIONAL PARK AND NATURAL AREA
THIS JOINT POWERS AGREEMENT entered into this day of
, 199_, by and between Zone 17 of the San Luis Obispo County Flood
Control and Water Conservation District, hereinafter referred to as Zone 17, and the
County of San Luis Obispo, State of California, hereinafter referred to as County:
WITNESSETH:
WHEREAS, Zone 17 will acquire from the Federal Government certain lands which
include various facilities, including the Salinas Dam and Reservoir, which entire project has
been named the Salinas River Water Supply Project, hereinafter referred to as Project; and
WHEREAS, a portion of this Project is being operated as a park known as the Santa
Margarita Lake Regional Park and Natural Area, hereinafter referred to as Park; and
WHEREAS, County has operated and maintained Park for many years under lease
from the Federal Government and wishes to continue to operate and maintain Park under
Zone 17 ownership; and
WHEREAS, Zone 17 within its powers may operate such a recreational facility, but
District does not presently have the trained personnel, administrative know-how, or
administrative facilities to operate such a Park; and
WHEREAS, County, within its Department of General Services, has the trained
personnel, or the means to secure same, the administrative know-how, and the
administrative facilities to operate such a Park; and
WHEREAS, Zone 17 and County desire that County should operate the Park; and
WHEREAS, the most feasible method of providing for such operation by the County
is by means of a joint powers agreement entered into pursuant to Government Code
Sections 6500, et seq.
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
promises, and agreements herein set forth, Zone 17 and County, the parties hereto,
hereby mutually covenant and agree, as follows:
1. County shall operate and administer the Park, and in connection with such
operation and administration shall furnish all personnel necessary therefor.
S37
2. Funds used by County for operation and maintenance purposes shall be
from a County budget. All fees collected by County for use of the Park shall
be credited to such budget. Any deficit in such budget shall be met by the
County. Any surplus in such budget shall remain the assets of County.
3. The parties recognize that the fee title to all real property within the Park
shall remain in the name of Zone 17. The parties also recognize that
ownership of all facilities within the Park, and of certain equipment used in
the maintenance and operation thereof, is, and shall remain, in the County.
4. The parties recognize that the highest degree of cooperation must be
achieved between staffs of both parties so that the Project and the Park, as
a part of the Project, may be operated in' a manner both efficient and
beneficial to the public who will use the Park, to the agencies who will
receive the water from the Project, and to the taxpayers of Zone 17. Both
parties pledge their best efforts to accomplish this end. They also recognize
that many details must be worked out in the course of operation of the
Project and the Park under this agreement which cannot be spelled out
herein. Both parties pledge themselves that their respective staffs will
cooperate fully in doing this.
5. Both parties recognize that this agreement is subject to all agreements
entered into by.Zone 17 with the City of San Luis Obispo, the State of
California and the United States and agree that nothing in this agreement
shall be construed to permit County to in any way hinder Zone 17 in its
performance of such agreements.
6. In order that rules and regulation, laws and ordinances may be properly
enforced by personnel of the Department of General Services within the
Park, the parties do hereby declare that the Santa Margarita Lake Regional
Park and Natural Area is, and shall be, a county park for all purposes of
Section 5380 of Public Resources Code of the State of California.
7. This agreement shall continue in effect until thirty (30) days after a notice of
termination has been delivered by either party to the other. This agreement
may be amended from time to time by mutual action taken in the same
manner, and subject to the same statutory provisions, as the agreement was
adopted.
8. The County shall defend, indemnify and save harmless the District, its
officers, agents and employees from any and all claims, demands, damages,
costs, expenses, or liability occasioned by the performance or attempted
performance of the provisions hereof, or in any way arising out of this
Agreement, including, but not limited to, inverse condemnation, equitable
relief, or any wrongful act or any negligent act or omission to act on the part
5 38
of the County, or of agents, employees or independent contractors directly
responsible to the County; providing further that the foregoing shall apply to
all wrongful acts, including any passively negligent acts or omissions to act,
committed jointly or- concurrently by the County, the County's agents,
employees, or independent contractors and the District, its agents,
employees, or independent contractors, excepting nothing contained in the
foregoing indemnity provisions shall be construed to require the County to
indemnify the District against any responsibility or liability in contravention of
Section 2782 of the Civil Code.
,sag
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers
Agreement on the day and year first above stated.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
By:
Chairperson of the Board of Supervisors,
San Luis Obispo County Flood Control and
Water Conservation District
ATTEST:
County Clerk and ex-officio clerk•of
the Board of Supervisors of the San
Luis Obispo County Flood Control and
Water Conservation District
COUNTY OF SAN LUIS OBISPO
By:
Chairperson of the Board of Supervisors of the
County of San Luis Obispo, State of California
ATTEST:
County Clerk and ex-officio cleric of
the Board of Supervisors of the County
of San Luis Obispo, State of California
Approved as to Form:
District Attorney
By:
m\catrinalglp�pa.agr
_ •r��C�RPh �7J�/i� .� _-_✓r
y �J►rfa: s l V� ��;
IN
IN
Tri r
/��' ���i ���11�� �� - ate'' i�.l' 1 SI� .�� • �� ��� ����� ���������'��
mg �1 :
BEM
l� �z
N Jar!
W LU ,..
2
UPJ Y
C2 6 ��-°°r�
N �r O .
p W
Qj %/�J. W C
lel. :�•/ i Q tu
4coV ' "' W LU
l N
R = Z Q's min O ` XN�kN > >- a .,
r Z Ya Ya �t1-1 x 3 vii
_ n ato a.�, yds% /�`a o a i
Ar
• \A g , � ' \ moi/ ^'�L�-• 'el Cn
•\`\� - �, t `�-�/ nil� ,H ' Iti:. 1w
log
LLI
ter
lz;111:°�•�°� `� � ;�� ��'•-' �;1 �•.w :`.•3r .�
WIC
QIN 0
s
14
Coe
CL
a'J�\ '; ':9' ^:1t.✓ice-�.`•\1` �2aji •i%(/� '"•• i( ..�
"� -)�1i�•�'• 'Pl J'•�"^�i+,l m�•tyt��t �� .j�i:�? ���/4/j�:�LL. 1/•\� CV
0 CD ed
_ q`r Fir: �f�'�' ^•a ` l\:�� l\ f �- Q o 0
�,� \\Sa`
CIS
C ca •C
�♦• {1 V 1:Y { \ X.L / ``^^LU
70
AJC
�'!� •.},\}'t.:r. \ ':\:\` • �'/ t.i 1 t )W � rye,
C-2
cl
a)
Q
� T
Q
VJ
i Q cn
/ o O
cc
W a U
all
o W
a QZ
N Qp
W/ Z�--
a:ti Q U
g cii
ul
us
Q '
4 t N
96
( W -j LL
1 +y+
I o
I
>m «
1 a
0 / y 1 L Q r
tkcig
v CDC
C 1 Q I W vein
v , o CO C
C(B
!r x
Cn a
W LU
t o � �
o J L
t W 1-y S•�/f/j 1 o C
16
h
W
X
W
c�
=_sstfng Laundi darn
Eresing Kto water Line�/ ! t'1?tmmea=Lute r
J /
/' �•; \ RELOCATED ROAD \`
FLAT-
0"
LAT•
/ � •" �
`� WHITE OAK/�� FE `� - f r ai olp a
• r �
EXISTING RESTROOM 9U(j
,`\NE I, To EXISFyf
' �•
r' ( .
IL
\\ .�'Ilk
, �/ • `��\ i ';+i K;t1���i?��/ /!fir fes%r4r�s; i !r
White Oak Flat
I" = 200' 0"
PmiW No. Salinas Reservoir
91681318 I Expansion Pro•ect Figure 2-11. WHITE OAK CONCEPT PLAN I 1993
Woodward-Clyde Consultants baueKD,igmwamaanea„e,. ,,,,
C-4 �j��