HomeMy WebLinkAbout12/12/1995, C-3 - AGREEMENT BETWEEN THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR 1995/96 QN�pIIMIIyI�I(��I�I�IIII r MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMt
FROM: Michael D. McCluskey, Public Works Director
Prepared by: David Elliott, Administrative Analyst ?2,
Joe McDermott, Streets Supervisor
SUBJECT: Agreement between the San Luis Obispo County Flood Control and Water
Conservation District Zone 9 and the City of San Luis Obispo for 1995/96
CAO RECOMMENDATIONS:
1) approve the 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
2) authorize the Mayor to execute the agreement
DISCUSSION:
The San Luis Obispo County Flood Control and Water Conservation District Zone 9 ("Zone 9") is
generally responsible for maintaining the streambeds within the San Luis Obispo Creek watershed.
Since 1979 the City has entered into annual agreements which authorize Zone 9 to reimburse the City
for maintaining and improving streambeds within the City limits. The agreement proposed for
1995/96 authorizes reimbursement to the City of up to $848,000 for the following work:
• Annual streambed clearance ($68,000) *
• Annual giant reed eradication ($5,000) *
• Streambed improvement at the following locations:
SLO Creek behind 3546 and 3566 South Higuera Street($40,000)
Stenner Creek at 464 and 466 Dana Street ($40,000)
SLO Creek at the Madonna Road Overpass ($20,000)
Prefumo Creek at Laguna Lake ($100,000) *
Old Garden Creek at Mountain View Street ($15,000)
Old Garden Creek at 81 Broad Street ($15,000)
SLO Creek at 1023 Broad Street ($50,000) *
SLO Creek at 3026 and 3046 South Higuera Street ($45,000)
SLO Creek at the Prado Road Bridge ($70,000)
SLO Creek at the Water Reclamation Plant ($175,000)
SLO Creek near the Police Firing Range ($65,000)
Prefumo Creek at the Golf Course ($75,000)
• A hydraulic study of the watershed to update the Flood Control Master Plan ($65,000)
The Council has previously approved the projects marked with an asterisk.
FISCAL IMPACT:
Based on past reimbursements, the City has budgeted only $220,000 in Zone 9 reimbursement revenue
for 1995/96. Obviously, this figure will have to be adjusted, but the required adjustment is difficult to
estimate at this time. The cost of several of these projects may be reimbursed through the Federal
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COUNCIL AGENDA REPORT
Emergency Management Administration. Also, the costs listed (and reimbursements expected) are
very rough estimates which will be refined over the next four to six weeks. For these reasons,
changes to revenue and expense accounts will be requested with the midyear budget adjustments to
bring the 1995/96 budget into conformance with anticipated project costs and reimbursements through
the Zone 9 agreement.
ATTACHMENT: Agreement
gAwp51\zone9.ap
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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 199_, 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");
WITNESSETH
WHEREAS, Zone 9 since its inception, has had a streambed clearing program
which encompasses the main streams of the San Luis Obispo Creek system; and
and WHEREAS, certain reaches of these streams lie within the City of San Luis Obispo;
WHEREAS, the City has also had a streambed clearance program; and
WHEREAS, streambed clearance within the City of San Luis Obispo will be more
economically performed if one agency accomplishes the program; and
WHEREAS, such a cooperative program has been successfully completed 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
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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
Giant Reed control and/or eradication program; and
WHEREAS, the Zone 9 Advisory Committee has considered small streambed
improvement projects for erosion control and flood control benefits; and
WHEREAS, it is to the mutual benefit of Zone 9 and the City to cooperate on the
needed streambed improvement program; and
WHEREAS, the 1995-96 budget appropriation includes $68,000 for the streambed
clearing program and $5,000 for the Giant Reed Eradication Program; and
WHEREAS, the 1995-96 budget appropriates $150,000 for the streambed
improvement program.
NOW,THEREFORE, in consideration of the mutual covenants, conditions, promises
and agreements herein set forth, Zone 9 and the City mutually covenant and agree as
follows:
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.
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I The City shall be provided not more than $68,000 of the funds budgeted in Zone 9
in the 1995-96 fiscal year for the streambed clearance program and an additional
sum of not more than $5,000 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 and 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."
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6. The streambed maintenance program is a flood control program and City shall use
funds provided under this agreement only for that purpose.
7. Consistent with previous practices, there shall be an annual reconnaissance survey
made by City and Zone 9 within their respective jurisdictions of needed works and
such shall be done reasonably before the rainy season so that the needed
streambed clearing program can be carried out prior to the rainy season with follow-
up work done during the rainy season as appropriate.
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 and
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. 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.
STREAMBED IMPROVEMENT PROGRAM:
12. Zone 9 shall provide funding up to an amount of$775,000 for the City to accomplish
the following streambed improvement program:
a. San Luis Creek behind 3546 and 3566 South Higuera - Stabilize the
bank and protect the parking lot that runs parallel with the creek.
Estimated cost $40,000.
b. Stenner Creek at 464 and 466 Dana Street - Remove obstructions
encroaching into the channel and stabilize the bank. Estimated cost
$40,000.
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C. San Luis Creek at Madonna Road Overpass - Remove gravel from
the concrete lined banks to restore to full flow capacity. Estimated
cost $20,000.
d. Perfumo Creek at Laguna Lake - Remove major silt and debris
deposits at the point of creek discharge into Laguna Lake to open up
the capacity of the channel. Estimated cost $100,000
e. Old Garden Creek at Mountain View - Stabilize the banks that have
encroached into channel next to bridge. Estimated cost $15,000
f. Old Garden Creek, 81 Broad Street - Stabilize the bank next to
parking lot that runs parallel with the creek and remove obstructions
encroaching into creek. Estimated cost $15,000
g. San Luis Creek, 1023 Broad (Mission Plaza) - Stabilize the bank that
is eroding next to footing of building. Estimated cost $50,000
h. San Luis Creek, 3026 and 3046 South Higuera - Stabilize the bank
next to parking lot that runs parallel with the creek to protect large tree
and parking lot. Estimated cost $45,000
i. San Luis Creek at Prado Road Bridge - Stabilize the bank that has
encroached into channel next to bridge footing. Estimated cost
$70,000
j. San Luis Creek, 35 Prado Road, Water Reclamation - Stabilize the
bank next to the Treatment Plant Facility that is encroaching towards
sludge ponds. Estimated cost $175,000
k. San Luis Creek, Fox Hollow Road (Police Range) - Remove
obstruction and stabilize bank that is eroding berm used for Police fire
arms, monthly qualification, Public and Neighbor Safety. Estimated
cost $65,000.
I. Hydraulics Study of Flood Control Master Plan - Hire a consulting firm
to re-evaluate and update the City's Flood Control Master Plan for the
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San Luis Obispo Creek watershed. Assistance for funding by San
Luis Obispo County Flood Control Zone 9. Estimated cost $65,000
M. Perfumo Creek at San Luis Obispo Golf Course - Stabilize the bank
that has encroached into channel next to the footbridge footings and
an area next to poles for safety netting. Estimated cost $75,000
13. City shall provide all design drawings and related services for the streambed
improvement projects 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.
14. Zone 9 shall reimburse City for not more than $775,000 for said streambed
improvement program and any expenditures made by City in excess of that amount
shall be paid at the sole expense of City.
15. Maintenance City shall maintain all completed works at no cost to Zone 9.
16. Ownership and Liability City shall assume ownership and liability for the
completed works.
GENERAL TERMS:
17. Term. This agreement will commence on and terminate on
18. 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.
19. Indemnification for joint conduct between Zone 9 and the City. The City shall
defend, indemnify and save harmless Zone 9, and its officers, agents and
employees from and against any and all claims, demands, liabilities, costs,
expenses, damages, causes of action including but not limited to inverse
condemnation and judgments arising out of the joint negligence or joint intentional
acts of City and Zone 9 and their officers, agents, employees or independent
contractors directly responsible to them in performing or attempting to perform
pursuant.to the provisions of this agreement including both acts and omissions and
to act provided however that County shall be solely responsible for the amount of
judgment rendered solely against Zone 9 or one of its agents or employees if such
judgment is specifically rendered in court finding of responsibility by Zone 9 or one
of its agents or employees for an act of negligence 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.
20. Zone 9 agrees to cooperate with City in the defense of any such claims or
litigations.
IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year
first hereinabove set fort.
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
Dated:
CITY OF SAN LUIS OBISPO
By:
Mayor,
ATTEST: ATTEST:
City Clerk Clerk, Board of Supervisors
mAean nelsl\fcwcd9.agr