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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