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Home My WebLink About11/12/2002, C10 - ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT council "47v'em�` Novber 12,2002 agcnaa Report '�"..h"Cio C I T Y O F S A N L U I S O B I S P 0 FROM: Michael McCluskey,Public Works Director ltok0 , Prepared By: Jay D. Walter, Deputy Director Public Works/City Engineer SUBJECT_ : ZONE 9 CREEK AND FLOOD PROTECTION REIMBURSEMENT AGREEMENT CAO RECOMMENDATION Approve an agreement with San Luis Obispo County Flood Control and Water Conservation District Zone 9 for reimbursement of streambed clearing and exotics control/re-vegetation program and authorize the Mayor to sign. 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 three representatives on the Zone 9 Advisory Committee: Council Member Jan Marx, City Engineer Jay Walter and citizen member John French. This agreement between the County Board of Supervisors and the City provides reimbursement funding in the amount of $67,000 for 2002-03 for streambed maintenance ($48,000) and Giant Reed control ($19,000) performed by the City. The City bills the County upon completion of the described work. An additional clause in this agreement allows for the payment of streambed maintenance and exotic weed control that was performed during 2001-02. The reason for this clause is that due to an oversight,no agreement was signed between the City and Zone 9 for 2001-02. CONCURRENCES Both the Director of Finance and the City Attorney have reviewed this agreement and they concur with the recommended action. FISCAL IMPACT The adopted 2002-03 Financial Plan Supplement, in the Creek and Flood Protection Fund, included this work and also anticipated the normal $100,000 funding from Zone 9. However, after our budget adoption, the County only allocated $67,000 for this program in 2001-02 and in 2002-03. We plan to work closely with the County to receive higher reimbursements to reflect our actual costs in future agreements. For 2002-03, we can cover this revenue shortfall by deferring the C io- i 1 Zone 9 Creek and Flood Protection Reimbursement Agreement Page 2 Johnson Avenue Lift Station project ($75,000) until fiscal year 2003-04 since the bids for this project came in much higher than the budget. We will reflect these changes in the Mid-Year Budget Review. ALTERNATIVES Without approval of this agreement the City will not be able to recover costs for creek maintenance and would therefore have to reallocate money from other programs,projects or reserves to balance the budget. ATTACHMENT Agreement BCouncil Agenda Reports\2002 agenda reports\CAR Zone 9 agreement for Maintenance 2002-03.doc alD—"QL OACHMENT 1 AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING AND EXOTICS CONTROL /REVEGETATION PROGRAM, This Agreement entered into the day of 2002, 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 stream maintenance and exotic species control; and WHEREAS, the 2001/2002 budget appropriates $70,000 for streambed maintenance, and $20,000 for exotics eradication/revegetation; WHEREAS, the 2002/2003 budget appropriates $70,000 for streambed maintenance, and $20,000 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: �� 0- 3 A. STREAMBED MAINTENANCE AND EXOTICS CONTROUREVEGETATION 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: The City shall be provided not more than $48,000 of the funds budgeted in Zone 9 in the 2001-02 fiscal yearforthe streambed maintenance program and an additional sum of not more than$19,000 for the Giant Reed control and revegetation program for the 2001-02 Fiscal Year. The City shall be provided not more than $48,000 of the funds budgeted in Zone 9 in the 2002-03fiscal yearforthe streambed maintenance program and an additional sum of not more than$19,000 forthe Giant Reed control and revegetation program for the 2002-03 Fiscal Year. 3. Zone 9 will reimburse the City, within the limits set forth in Paragraph A2 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. 2 C tu� � 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. 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 priorto 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. 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.. GENERAL TERMS: 1. Term. This agreement will terminate on June 30, 2003. 2. Indemnification for 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. 3 Clp•� 3. 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, or any portion of 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. 4. Cooperation. Zone 9 agrees to cooperate with City in the defense of any such claims or litigations, and the City agrees to cooperate with the County. 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: 4 �t0-- LP CITY OF SAN LUIS OBISPO APPROVED AS TO FORW aC! � By: Cfty Atfom Mayor, ATTEST: ATTEST: City Clerk Clerk, Board of Supervisors V:\DEVELOP\T1102-03.maint.CITY.AGR.wpd.kjs.tt 5 CID- 9