HomeMy WebLinkAbout05/06/1997, C3 - ZONE 9 AGREEMENT FOR REIMBURSEMENT FOR CREEK MANAGEMENT WORK councit °'-ay 6, 1997
j aGEnaa Report "°A" C
CITY OF SAN LVIS O B I S P O
FROM: Michael McCluskey,Public Wo!�s Director-V'O�
Prepared By: Wayne Peterson,City Engin
SUBJECT: Zone 9 Agreement for Reimbursement for Creek Management Work
CAO RECOMMENDATION
Adopt a resolution approving an agreement with San Luis Obispo County Flood Control and Water
ConservationDistrict Zone 9 and authorize the Mayor to sign the agreement.
DISCUSSION
The San Luis Obispo County Flood Control and Water Conservation District Zone 9, (Zone 9), is a
special taxing entity established in the mid 1970's for the purpose of addressing the causes of flooding
within the San Luis Creek water shed. A portion of the property tax is assigned to Zone 9. The County
Board of Supervisors acts as the governing board for Zone 9.
The County Board has a committee that advises them regarding the programs and budgets of Zone 9.
The City has two representatives on the Zone 9 Advisory Committee. They are Councilman David
Romero and City Engineer Wayne Peterson.
This agreement between the County Board of Supervisors and the City provides funding for:
1. The annual creek maintenance program on the four major creeks within the city.$60,000.
2. Annual abatement of"Giant Reed". $10,710.
3. Phase 1 of the Flood Management Plan.$65,000.
4. Repair site design,and bank repair construction at Mariposa Street. $114,000.
Note: Other bank repair projects will be built in the next budget year and are not included in this
agreement but will be in the budget and agreement for next year.
The City must bill the County on a reimbursementbasis for work done during the year.
CONCURRENCES
This agreement is consistent with the adopted 1996-7 budget document which includes funding from
Zone 9 as a revenue source.
This agreement has been reviewed by both Finance and Attorney offices and they concur with the
recommended action.
�3-/
FISCAL IMPACT
Without approval of this agreementthe City-will not be able to recover costs for maintenance programs
and the first phase of the Flood Management Plan and would therefore.have to reallocate money from
other programs,projects or_reserves to balance the budget.. .
Attachments
Agreement-
Resolution=
C3 =2
RESOLUTION NO. (1997 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE SAN LUIS OBISPO
COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR REIMBURSEMENT FOR
CREEK MANAGEMENT WORK
WHEREAS, the County administers the funds of the San Luis Obispo County Flood
Control and Water Conservation District Zone 9,and
WHEREAS,the City administers programs with in Zone 9, and
WHEREAS, the County has budgeted within the Zone 9 program to fund the programs
administered by the City.
BE IT RESOLVED,that the City Council of the City of San Luis Obispo hereby approves
an agreement with the San Luis Obispo County Flood Control District Zone 9 providing for the
reimbursement of City funds spent for programs approved in the Zone 9 budget and authorizes the
Mayor to sign said agreement.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of .1997.
ATTEST:
City Clerk Mayor Allen K. Settle
APPROVED AS TO FORM:
Cly Wmey
1996-7Zone 9 ageemem
C9.2
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR PLANNING, STREAMBED CLEARING
AND 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, Flood Control Zone 9 includes the San Luis Obispo Creek (hereinafter
sometimes referred to as °SLO Creek") watershed; and
WHEREAS, The City of San Luis Obispo is wholly contained within this watershed
and the Zone 9 boundaries; and
WHEREAS, by coordinating activities the City and Zone 9 can more economically
address issues within the watershed; and
WHEREAS, such a cooperative program has been successfully completed in the
past several fiscal years; and
WHEREAS, this cooperative program has been further enhanced with assistance
and personnel from the California Conservation Corps and California Men's Colony; and
WHEREAS, Zone 9 activities include planning, stream maintenance, exotic species
control and improvement projects; and
WHEREAS, the Zone 9 Advisory Committee oversees the overall activities within
the Zone and makes recommendations to the Board of Supervisors; and
WHEREAS, the 1996/97 budget appropriates $65,000 for a hydraulic study of
Zone 9 master plan, $84,794 for streambed maintenance, $10,710 for Giant Reed
eradication, and $114,000 for repairing the SLO Creek bank at 18 Mariposa Street with in
the City.
C3 -�/
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:
A. PLANNING
1. The City and Zone 9 shall jointly define the scope of work and select a consultant
to provide professional engineering design services for a multi-phased hydraulic
study and Flood Management Plan of San Luis Obispo Creek.
2. Phase I of the study will analyze the hydrologic and hydraulic nature of portions of
SLO Creek, develop an improvement program, a maintenance/management plan,
a mitigation and monitoring plan, and complete an alternatives evaluation all for the
reaches studied.
3. The City shall hire the consultant and administer the contract.
4. Zone 9 will contribute not more than $65,000 for Phase I. Zone 9 will reimburse the
City upon receipt of evidence of work performed and monthly statements submitted
for payment. .
B. STREAMBED MAINTENANCE 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 Zone 9.
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, as follows:
The City shall be provided not more than $60,000 of the funds budgeted in
Zone 9 in the 1996-97 fiscal year for the streambed clearance program and
an additional sum of not more than $10,710 for the Giant Reed control
and/or eradication program for the 1996-97 Fiscal Year.
2
C3- �
3. 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.
4. 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:
if
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."
5. The streambed maintenance program is a flood control program and City shall use
funds provided under this agreement only for that purpose.
3
era -
6. 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.
7. For control of vegetation the streambed maintenance program may be
accomplished with the use of State Fish & Game approved herbicides.
8. 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.
9. The City shall act as the lead agency in complying with the California Environmental
Quality Act for work done within the City limits.
10. Should the streambed clearing program within the City involve the abatement of
nuisances, the removal of trees, or other obstructions, such shall be performed in
accordance with due process of law under the City's abatement ordinances or State
law and shall be the sole responsibility of City.
C. STREAMED IMPROVEMENT PROGRAM:
1. Zone 9 shall provide funding up to an amount of $114,000 for the City to stabilize
the SLO Creek bank next to the sidewalk and roadway that runs parallel with SLO
Creek to protect a large tree and the bank next to the house at 18 Mariposa Street.
2. Zone 9 will reimburse the City, within the limits set forth in Paragraphs 1 and 2
above, upon receipt of evidence of work performed and monthly statements
submitted for payment.
3. City shall act as the lead agency in complying with the California Environmental
Quality Act, obtaining Corp of Engineer Permits and complying with Regional Water
Quality Control Board requirements.
4. City shall maintain all completed works at no cost to Zone 9.
5. City shall assume ownership and liability for the completed works.
4
e3 - 7
D. GENERAL TERMS:
1. FEMA Reimbursement. The City shall continue to aggressively pursue FEMA
funding for the permitting, design and construction of the project sites with in SLO
Creek that were damaged by the 1995 storms. Any such funds recovered shall be
reimbursed to Zone 9
2. Term. This agreement will terminate on June 30, 1998.
if
3. 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.
4. 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.
5. Cooperation. Zone 9 agrees to cooperate with City in the defense of any such
claims or litigations.
5
C3-
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
Dated:
CITY OF SAN LUIS OBISPO
By:
Mayor,
ATTEST: ATTEST:
City Clerk Clerk, Board of Supervisors
t:\hyd—planlsusan\96-7city.agr.lnd
6