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HomeMy WebLinkAbout12/15/1998, C-5 - ZONE 9 AGREEMENT FOR REIMBURSEMENT FOR CREEK MANAGEMENT WORK council 'Dery 15, 1998 j agenda Report C I T Y OF SAN LUIS O B I S P O FROM: Michael McCluskey,Public Works Directoil�WI Prepared By: Wayne Peterson,City Engineer 1 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 Conservation District 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 hiring of a consultant to prepare a Stream Corridor Management Plan for San Luis Obispo Creek Phase H Study Area. $400,000. 2. The annual creek maintenance program on the four major creeks within the city. $60,000. 3. Annual abatement of"Giant Reed". $50,000. 4. Construction of creek bank repairs at 1995 storm damage sites as follows: 3026/3046 Higuera St, 236 Higuera St,3546 S.Higuera Street,and Fox Hollow Road. $475,000. The City must bill the County on a reimbursement basis for work done during the year. Any funds the City is able to recover from FEMA for damage at the sites listed in 4 above shall be returned to Zone 9. CONCURRENCES This agreement is consistent with the adopted 1998-9 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. C'S - i A:U3 IlVIPACT Without approval.of this agreement the City will'not be able to recover costs'for maintenance.programs and the fust phase of the Flood M-anagementTlan and Would therefore have to reallocate money from other programs,projects or reserves to balance.the budget Attachments Resolution_ Agreement cs :z. RESOLUTION NO. (1998 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 rf 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 fiords 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 1998. ATTEST: City Clerk Mayor Allen K Settle APPROVED AS TO FORM: Ci tt ey 1998-9ZD=9 ag e=mt C5-3 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 EXOTICS CONTROL/REVEGETATION PROGRAM, AND STREAMBED ENHANCEMENT 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 "CW); _ 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 City and Zone 9 worked together to define the scope of work and select a consultant for the Stream Corridor Management Plan for San Luis Obispo Creek, Phase I Study Area; and WHEREAS, the Zone 9 Advisory Committee oversees the overall activities within the Zone and makes recommendations to the Board of Supervisors; and C-4 WHEREAS, the 1998/99 budget appropriates $645,000 for stream enhancement projects, $430,000 for long term creek drainage study, $85,000 for streambed maintenance, and $50,000 for exotics eradication/revegetation; 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 the Stream Corridor Management Plan for San Luis Obispo Creek Phase II Study Area. 2. The Phase II study will analyze the hydrologic and hydraulic nature of portions of SLO Creek watershed, develop an improvement program, a maintenance/ management plan, a mitigation and monitoring plan, and complete an alternatives evaluation for all of the reaches studied. The Phase II creek study is targeted to develop information necessary to comply with state and federal permitting requirements 3. The City shall hire the consultant(s) and administer the contract. 4. Zone 9 will contribute not more than $400,000 for Phase II. Zone 9 will reimburse the City upon receipt of evidence of work performed and monthly statements submitted for payment. B. STREAMBED MAINTENANCE AND EXOTICS CONTROUREVEGETATION PROGRAM: 1. City and Zone 9 will work cooperatively to identify and prioritize maintenance and exotic control1revegetation sites throughout the San Luis Obispo Creek watershed. 2. Zone 9 will provide funds to the City for the City to accomplish the streambed maintenance, exotic control and revegetation programs within Zone 9, as follows: 2 CS 'S The City shall be provided not more than $60,000 of the funds budgeted in Zone 9 in the 1998-99 fiscal yearforthe streambed maintenance program and an additional sum of not more than$50,000 for the Giant Reed control and revegetation program for the 1998-99 Fiscal Year. 3. Zone 9 will reimburse the City, within the limits set forth in Paragraph B2 above, upon receipt of evidence of work performed and monthly statements submitted for payment. 4. 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 control/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. City and Zone 9 will work jointly in acquiring permits for shared projects and independently for projects solely within their respective jurisdictions. 5. The streambed maintenance program is a flood control program and City shall use funds provided under this agreement only for this purpose or for education about this purpose. 6. Consistentwith 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 Gearing 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. 3 8. City and Zone 9 shall be responsible for acquiring any landowner permission needed to accomplish the streambed maintenance program and the exotics control program within their respective jurisdictions. 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 Gearing 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 underthe City's abatement ordinances or State law and shall be the sole responsibility of City. C. STREAMED ENHANCEMENT PROGRAM: 1. 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. 2. Zone 9 will reimburse the City, within the limits set forth in Paragraph C.1. 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 within City Limits. 5. City shall assume ownership and liability for the completed works within City Limits. 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 within SLO 4 C5 - 1 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, 1999. 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 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: IZ Nov QS APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO r tyG•� By: Mayor, ATTEST: ATTEST: City Clerk Clerk, Board of Supervisors tlhyd_planlsusan198-9city.agr.lnd 6 G5 -9 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 EXOTICS CONTROL/REVEGETATION PROGRAM, AND STREAMBED ENHANCEMENT 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 "Citi'); 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 City and Zone 9 worked together to define the scope of work and select a consultant for the Stream Corridor Management Plan for San Luis Obispo Creek, Phase I Study Area; and WHEREAS, the Zone 9 Advisory Committee oversees the overall activities within the Zone and makes recommendations to the Board of Supervisors; and CS-10 WHEREAS, the 1998/99 budget appropriates $645,000 for stream enhancement projects, $430,000 for long term creek drainage study, $85,000 for streambed maintenance, and $50,000 for exotics eradication/revegetation; NOW,THEREFORE,in consideration ofthe 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 the Stream Corridor Management Plan for San Luis Obispo Creek Phase II Study Area. 2. The Phase II study will analyze the hydrologic and hydraulic nature of portions of SLO Creek watershed, develop an improvement program, a maintenance/ management plan, a mitigation and monitoring plan, and complete an alternatives evaluation for all of the reaches studied. The Phase II creek study is targeted to develop information necessary to comply with state and federal permitting requirements 3. The City shall hire the consultant(s) and administer the contract. 4. Zone 9 will contribute not more than $400,000 for Phase Il. Zone 9 will reimburse the City upon receipt of evidence of work performed and monthly statements submitted for payment. B. STREAMBED MAINTENANCE AND EXOTICS CONTROL/REVEGETATION PROGRAM: 1. City and Zone 9 will work cooperatively to identify and prioritize maintenance and exotic control/revegetation sites throughout the San Luis Obispo Creek watershed. 2. Zone 9 will provide funds to the City for the City to accomplish the streambed maintenance, exotic control and revegetation programs within Zone 9, as follows: 2 cs- 11 The City shall be provided not more than $60,000 of the funds budgeted in Zone 9 in the 1998-99 fiscal yearforthe streambed maintenance program and an additional sum of not more than$50,000 for the Giant Reed control and revegetation program for the 1998-99 Fiscal Year. 3. Zone 9 will reimburse the City, within the limits set forth in Paragraph B2 above, upon receipt of evidence of work performed and monthly statements submitted for payment. 4. Routine maintenance work performed underthis 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 controVrevegetation 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. City and Zone 9 will work jointly in acquiring permits for shared projects and independently for projects solely within their respective jurisdictions. 5. The streambed maintenance program is a flood control program and City shall use funds provided under this agreement only for this purpose or for education about this purpose. 6. Consistentwith 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. 3 r s-i2. 8. City and Zone 9 shall be responsible for acquiring any landowner permission needed to accomplish the streambed maintenance program and the exotics control program within their respective jurisdictions. 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 underthe City's abatement ordinances or State law and shall be the sole responsibility of City. C. STREAMED ENHANCEMENT PROGRAM: 1. 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. 2. Zone 9 will reimburse the City, within the limits set forth in Paragraph C.I. 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 within City Limits. 5. City shall assume ownership and liability for the completed works within City Limits. 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 within SLO 4 05-13 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, 1999. 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 cs-�4- 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: IZ lVoJ 48 APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO By: Mayor, ATTEST: ATTEST: City Cleric Cleric, Board of Supervisors tlhyd_planlsusanl98-9city.agr.ind 6 c� -i5 From: Wayne Peterson To: SLOIPO.LPrice Date: 11/23/98 9:56am Subject: Agenda Item for the 15th I have scheduled a consent item for the fifthteenth. It is an agreement with Zone Nine for reimbursement of costs for creek maintenance. Attached to the staff report is a resolution and two copies of the agreement. The county is asking that we process both copies, have them signed and returned to Susan Litteral at the County Engineers office. They ask that we not date the agreement. They will process the agreement to the Board of Supervisors and when they approve it the document will be dated and a fully executed copy returned to the City. If you have any questions please call me. Thanks. CC: pking C5-1b