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Home My WebLink About10/07/1997, C-11 - ZONE 9 AGREEMENT FOR REIMBURSEMENT FOR CREEK MANAGEMENT WORK council Wit. 1997 j acEnaa REpout bamN=6� CITY OF SAN LUIS O B I S P O . FROM: Michael McCluskey,Public Works Directory�" ' Prepared By: Wayne Peterson,City Engineer SUBJECT: Zone 9 Agreement for Reimbursementfor Creek Management Work CAO RECOMMENDATION Adopt a resolution approving Amendment No. 1 to the agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9 and authorize the Mayor to sign the amendment. 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 Council Member David Romero and City Engineer Wayne Peterson. This is an amendment to the agreement entered into June 3, 1997 between the County Board of Supervisors and the City. The original agreement provided for: 1. The annual creek maintenance program on the four major creeks within the City: $60,000 during 1996-7 fiscal year. 2. Annual abatement of"Giant Reed": $10,710 during 1996-7 fiscal year. 3. Phase 1 of the Flood Management Plan:$65,000. 4. Repair site design,and bank repair construction at Mariposa Street:$114,000. This amendment adds the following: 1. Delegates to the City the responsibility to hire and administer consultant contracts to prepare Phase I and II studies of the creek to comply with requirements of the state and federal government for issuance of permits and for design services. 2. Contributes a maximum of$430,000 for the preparation of the Phase 11 study. 3. Contributes a maximum of $50,000 towards the design of the repair projects at the eight sites damaged in the 1995 storms. 4. Amends the agreement to indicate the City and Zone 9 will work cooperatively to identify and prioritize maintenance of vegetation including exotic vegetation throughout the watershed. 5. Contributes $85,000 for streambed clearance programs and $50,000 for exotics e, .-*` eradication/revegetation for 1997-98 fiscal year. 6. Contributes up to $475,000 for creek bank protection at 3546 S. Higuera St., 3026/46 Higuera Street,236 Higuera St. and Fox Hollow Road. Individual projects must receive written approval from Zone 9 staffprior to construction. 7. City and County agree to maintain completed works under their jurisdiction. The City must bill the County on a reimbursement basis for work done during the year. CONCURRENCES This agreement is consistent with the adopted 1997-8 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. FISCAL EMPACT Without approval of this agreement the 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. The agreement also includes provision that should the City be reimbursed by FEMA for damage repair the City would return an equivalent amount to the Zone. Attachments Agreement- Resolution- RESOLUTIONNO. (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT NO. l TO AN AGREEMENT DATED JUNE 39 1997 WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR REIMBURSEMENTFOR CREEK MANAGEMENT WORK WHEREAS, the County administers the funds of the San Luis Obispo County Flood Control and Water Conservation District Zone 9,and WIVEREAS,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 Cityfunds 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: Ci ey Amendment to 1990-7 Zone 9 agreement AMENDMENT NO. 1 TO 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 Amendment .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, on June 3, 1997 City and Zone 9 entered into an agreement for planning, a streambed clearing and giant reed eradication program and a streambed improvement program for the San Luis Obispo Creek (SLO Creek); and WHEREAS, City has applied to the Federal Emergency Management Agency (FEMA)for funds to repair numerous sites that were damaged in the winter storms of 1995; and WHEREAS, FEMA has approved funding for design and repairs at some of said sites and City is in the appeal process seeking funding for the remaining sites; and WHEREAS, City has requested financial assistance from Zone 9 to fund study, design and repair of the sites that FEMA has not yet approved; and WHEREAS, prior to issuing any permits for repair work within the Waters of the United States the Army Corp of Engineers will require a comprehensive study of SLO Creek hydraulics and the watershed habitat; and WHEREAS, City has the resources to coordinate the completion of the study, design and repairs at the 1995 storm damage sites; and WHEREAS, City wishes to continue its role in streambed clearing and improvements and exotics control; and 1 WHEREAS, the 1997/98 budget appropriates $50,000 for repair site design, $650,000 for stream enhancement projects, $430,000 for long term creek drainage study, $85,000 for streambed maintenance, and$50,000 for exotics eradication/revegetabon; and WHEREAS, by amending the existing contract, Zone 9 can reimbursing City for completing these tasks; NOW, THEREFORE, the agreement between the City and Zone 9 is hereby amended as follows: A. PLANNING Paragraph 3 is amended to read as follows: 3. The City shall hire the consultant(s) and administer the Phase I and Phase I I creek study to comply with state and federal permitting requirements and the repair site design contracts. The following paragraphs are added: 5. Zone 9 will contribute not more than $430,000 for Phase II of the creek study. Zone 9 will reimburse the City upon receipt of evidence of work performed and monthly statements submitted for payment. 6. Zone 9 will contribute not more than $50,000 for the cost of designing the repairs for the 1995 storm damage sites that are not approved for funding by FEMA. The detailed design of repairs for the 1995 storm damage sites will be completed based upon the findings and recommendations of the Phase I creek study. Zone 9 will reimburse the City upon receipt of evidence of work performed and monthly statements submitted for payment. 2 1• B. STREAMED MAINTENANCE AND GIANT REED (EXOTICS) ERADICATION PROGRAM: Paragraph 1 is amended to read as follows: City and Zone 9 will work cooperatively to identify and prioritize maintenance and exotic removal/revegetation sites throughout the San Luis Obispo Creek watershed. Paragraph 2 is amended to read as follows: Zone 9 will provide funds to the City for the City to accomplish the routine maintenance, Giant Reed control and exotic removal and revegetation programs 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. The City shall be provided not more than $85,000 for routine maintenance and an additional sum of not more than $50,000 for exotics eradication/revegetation for the 1997-98 Fiscal Year. Paragraph 4 is amended to read as follows: Routine maintenance work performed under this agreement will include removal of debris and vegetation which adversely affects the capacity of waterways or which might be more difficult or costly to remove if moved by flood flows to different locations where it will cause damage to the creek or flooding to adjacent improved Property Exotics eradication/revegetation work performed under this agreement will include removal and proper disposal of detrimental exotic plants from throughout the watershed. Revegetation projects shall be selected to minimize damage from flood flows or for restoration after removal of exotic plants. 3 City and Zone 9 will work jointly in acquiring permits for shared projects and independently for projects solely within their respective jurisdictions. Paragraph 8 is amended to read as follows: City and Zone 9 shall be responsible for acquiring any landowner permission needed to accomplish the streambed clearing program and the Giant Reed control and/or eradication program within their respective jurisdictions. C. STREAMED IMPROVEMENT PROGRAM Paragraph 1 is amended to read as follows: 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. Zone 9 shall provide funding up to $475,000 for construction of repairs to the following 1995 storm damage sites that have not yet been approved for reimbursement by FEMA: 3546 S. Higuera St,3026/3046 Higuera St,236 Higuera St., and Fox Hollow Road. Individual projects must receive written approval from Zone 9 staff prior to construction. Paragraph 4 is amended to read as follows: City shall maintain all completed works within City Limits at no cost to Zone 9. Paragraph 5 is amended to read as follows: City shall assume ownership and liability for the completed works within City Limits. 4 IN WITNESS WHEREOF Zone 9 and City have executed this amendment 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: S 5EP R'1 CITY OF SAN LUIS OBISPO By: Mayor, ATTEST: ATTEST: City Clerk Clerk, Board of Supervisors tlhyd_planlsusan197-8city.agr.lnd 5 coon C M..+v�pv�v j 10/7/97 aGEnba izEpout CITY O F SAN LUIS O B I S P O FROM: Council Members Dodie Williams and Kathy Smith Council Subcommittee to the Architectural Review Commission Prepared By: Kim Condon,Assistant City Clerk SUBJECT: APPOINTMENT RECOMMENDATION TO THE ARCHITECTURAL REVIEW COMMISSION RECOMMENDATION Appoint Alice Loh to an unexpired term ending 3/31/2000. Thank Peggy Mandeville for her service to the commission.. DISCUSSION Peggy Mandeville resigned from the Architectural Review Commission on August 29, 1997 due to her upcoming employment with the City of San Luis Obispo. After posting the vacancy, the City Clerk's Office advertised this volunteer opportunity three times in the Telegram_Tribune. -Five applications were received. The .Council Subcommittee interviewed the five applicants on Thursday, October 2nd The Council Subcommittee recommends the appointment of Ms. Alice Loh to fill this unexpired term ending 3/31/2000. Ms. Loh has been a member of the.Cultural Heritage Committee since March, 1995, and is a seasoned advisory body member. She understands that she must resign from the CHC upon her appointment to the ARC. Copies of Ms. Loh's.application is attached. All others are available-from the City Clerk's Office.. Attachment APPt ;ON FOR[IAPPOINTMENT[:1 REAP" ,TMENT (/ TO A CITY ADVISORY BODY Advisory Body Applied For: NAME OF APPLICANT RESIDEN EST ET ADDRESS CITY zi '7 DAY-PRONV EVENIN PHO E (INTERVIEWS ARE REQUIRED FOR EACH CHOICE.)_ Registered voter of the city? ES� NO How long have you lived in the city? Present Occupation/Employer. Education: 22 1 Membership in Organizations:_ � ' r Please explain why you would like to serve (use reverse side for additional information): _ Y nV-�r— TSA ,plif �,,44 W Previous service on SLO advisory bodies (names/dates): PLEASE NOTE If appointed to the Planning Commission,Architectural Review Commission, or the City Housing Authority, you are required by State law to-file a Statement of-.Economic Interest disclosing.all reportable Interests held by.you,at the-.. time of appointment. A copy of this form is available from the City Clerk. Applications are accepted year-round, however;.'if you are applying fora current vacancy,your application must.be.returned to the City Clerk by to be considered for the current round of interviews. -- OFFICE--USE--ONL-Y _ SCRMITTE C7� i�Jr �f/ RECOMMEND FOR INTERVIEW DATE / '. / sZ-. COMMITTEE��//// �II'1G/� � �i11 APPOINTMENT=//YES._NO SCREENING RECQMMEND-FOR INTERVIEW DATE: COMMITTEE APPOINTMENT: YES NO TERM BEGINS: TERM ENDS: UNEXPIRED TERM: FULL TERM:' ADDITIONAL COMMENTS_ LTR SENT(Date) d:advbod.app