HomeMy WebLinkAbout01/02/1990, C-6 - AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZON I,III�Iy►►II�III�I�IIII III MEETING GATE:
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city or san lug s osI spo C 19 90
COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: �/
David F. Romero Dennis E. Cox Prepared by: David Pierce
Public Works Dir . Streets Mgr, _ Projects Mgr.((//
SUBJECT:
Agreement between the City of San Luis Obispo and San Luis
Obispo County Flood Control District Zone 9
CAO RECOMMENDATION:
Adopt resolution approving Agreement with San Luis Obispo
County Flood Control District Zone 9 as recommended
BACKGROUND:
The San Luis Obispo County Flood Control and Water Conservation
District, Zone 9, encompasses the main streams of the San Luis
Creek system. Zone 9 generates tax revenues that are used for
flood control . The County Board of Supervisors is the governing
body and the County provides the administration of the district .
Several of the streams have reaches that lie within the City of
San Luis Obispo. Zone 9 and the City have responsibilities in
these creeks. To better accomplish the work in the creeks
without duplication of effort , the City and Zone 9 have developed
a cooperative program in which the City takes the lead in
streambed clearance, and small projects for erosion control and
flood control within the City.
Under the terms of the Agreement , the City receives reimbursement
from Zone 9 by submitting a bill after the work has been
completed. The streambed clearance and giant reed eradication
programs are included in the operating budget . One of the small
projects is in this year 's CIP program and several of the
projects received approval in the supplemental FY 1988-89 CIP
appropriations of June, 1988 . These projects that have prior
approval are included in the Agreement because the appropriations
from Zone 9 terminate as of June 30 each year and must be
reappropriated for a project to continue to receive
appropriations into the new year. The attached list gives the
projects that are included in the proposed Agreement grouped by
the documents that granted appropriation from the City.
This year, Zone 9 has authorized the City to spend up to $50 , 000
for streambed maintenance, $1 , 000 for giant reed eradication and
$172 ,000 for small improvement projects. The larger amounts
cited in the recitals of the Agreement are Zone 9 budget figures
which include amounts in excess of the monies that are being made
available to the City. /J _ /
����i�i�►�►ullllllllilllp1 ��DUI MY Of san tUrS OBISPO
MGM COUNCIL AGENDA REPORT
Zone 9 Agreement
Page 2
ALTERNATIVES :
1 . - Council may modify the Agreement as it wishes and adopt it,
thus permitting continuation of City maintenance for erosion
control within the City limits.
2 . Council may fail to adopt the Agreement thereby returning
responsibility and funding to County jurisdiction.
FISCAL IMPACT:
Execution of the Agreement will make available to the City
$223 ,000 during FY 1989-90 to reimburse the City for work covered
by the Agreement . City funding of these projects was
appropriated in the July 1988 additional CIP Appropriations and
the .FY 1989-90 City Budget.
RECOMMENDATION:
By Resolution, approve Agreement with San Luis Obispo County
Flood Control District Zone 9 and authorize the Mayor to sign the
Agreement .
Attachments: 1 . Resolution
2 . Agreement
3 . Memorandum from City Attorney
g:zone9c-agd.wp
FY 1.989-90 OPERATING BUDGET
Giant Reed Eradication $ 11000
Streambed Maintenance $ 50,000
Annual maintenance to remove obstructions
from the streambed in preparation for the .
winter flows.
CIP 1989-90 (Page E-9)
Old Garden Creek at Center Street $ 60,000
Grade downstream channel and construct
low wall to stabilize the bank. Bids
were rejected and project is ready to go
back out. to bid.
CIP 1988-89 (Supplemental Appropriation)
San Luis Obispo Creek at Prado Road Bridge $ 1.2 ,000
Stabilize bank and channel around piers
with gabions .
Contract complete at this time need
reimbursement .
_ Stenner Creek at Foothill Blvd. $ 20,000
Remove gravel from culvert and from
streambed immediately downstream of the
culvert .
Old Garden Creek at Mountain View $ 25, 000
Repour the floor in culvert . Floor is
failing.
Prefumo Creek - Los Osos Valley Road to Lake $ 30 ,000
Dredge material to keep the channel open
and make room for material that will be
transported in by future storms.
Possible Study of Upstream Detention Dam $ 25 ,000
The City is contracting for a feasibility
study. If the concept is feasible, a
study will be performed to investigate
each of the sites identified. This study
will cost about $50 ,000 and the City
would fund half of the cost.
San Luis Creek - Nipomo St . to Stenner Cr . $ 30,000
Remove obstructions and stabilize banks
that have encroached into the channel .
RESOLUTION NO. (1990 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD
CONTROL DISTRICT 9
WHEREAS , the City of San Luis Obispo is a participant in San Luis
Obispo County Flood Control District Zone 9; and
WHEREAS, the City of San Luis Obispo is eligible for monies for
designated repair and maintenance programs in city creeks.
NOW. THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1 . The certain agreement attached hereto and incorporated
herein by reference between the City of San Luis Obispo and San Luis Obispo
County Flood Control District Zone 9 is hereby approved and the Mayor is
authorized to execute the same.
On motion of seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this day of
1990.
MAYOR RON DUNIN
ATTEST:
C
CITY CLERK PAMELA VOGES
Resolution No. (1990 Series)
Page Two
APPROVED:
City Administrative Officer
City Attorney
Fin e. Director
Public Works Director
treets Manager
g:zone9-re.wp
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING
PROGRAM, GIANT REED ERADICATION PROGRAM ,
AND STREArJBED IMPROVEMENT PROGRAM
This Anr-eemen� enter�,d : nto the Co Or
1 yC:V. tetween Che Sa-1 LUi=_ tr01 and ItJarer
Conservation District , Zone 9 ( hereinafter- referred to as "Zone 9" )
al,d the City of San Luis Obi=_po ( hereinafter referred to _s
City ) ;
W I T N E S S E 1' H
WHEREAS , Zone 9 since its inception , has had a streambed
clearing program which encompasses the mainstreams of the San Luis
Obispo Creek system; and
WHEREAS, certain reaches of these streams lie within the City
of San Luis Obisoo; and
�I WHEREAS, the City has also had a streambed clearance program ;
and
WHEREAS , the. program within the City of San Luis Obispo
should be more economically performed if one agency accomplished
the streambed clearance program; and
WHEREAS , such a cooperative program was successfully carried
out in the last. several fiscal years; and
WHEREAS , Zone 9 work has been accomplished with the
cooperation of personnel from the California Conservation Corps ;
and
WHEREAS, a continuation of the cooperative program between
Zone 9 and the City could still involve the assistance of the
California Conservation Corps ; and
WHEREAS, it is in the public interest that Zone 9 and the
City understand and agree to the services to be performed. by each
with respect to the streambed clearing program; and
WHEREAS, a growth of .Giant Reeds in the Zone 9 watershed have
1
proved to be a flood control problem; and
WHEREAS, appropriate maintenance management leading to the
control and/or eradication of the Giant Reed is necessary ;and
dz
\ J
WHEREAS, it is in the public interest that Zone 9 and the
City cooperate on the needed Giant Reed control and,/or eradication
program : and
WHEPEc-S , the Zone 9 Advisory Committee has considered small
lmprovement projects for erosion cprntro1 and flood contrast
bnef ts : d
WHc2E:AS , it is to the mut_a81 benefit of she Mood Control
Zone :7 ar.d t`.e City to cooperate on the needed small improvement
proJectS : and
WHEREAS , the 1989-90 budget appropriation includes $60.000
for t :e streambed clearing program and $10 , 000 for the Giant Reed
Eradication Program .
WHEREAS, the 1999-90 budget appropriates $245 , 705 for small
improvement projects .
NOW . THEREFORE', in consideration of the mutual covenants,
condition=_ , promises and agreements herein set forth , Zone ? and
City mutually covenant and agree. as follows :
STREAMBED CLEARING AND GIANT REfD .ERAD-ICA.T.ION 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 the
zone .
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.
3. The City shall be provided not more than $50,000 of the funds
budgeted in Zone 9 in the 1989-90 fiscal year for the
streambed clearance program and an additional sum of not more
than $1 ,000 for the Giant Reed control and/or eradication
program.
4. Zone 9 will reimburse the. City , within the limits set forth
in paragraph 3 above, upon receipt of evidence of work
��� 9
performed on the basis of monthly statements submitted for
payment.
5 . All streambed maintenance work provided for by this agreement
shall be done in accordance with the .rollowing provisions of
the 1979 Memorandum of Understanding : "Work performed under
tt is agreement Will be Lon,ducted V:itri in the fol lowing
streams :
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 ;urisdiction 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."
6 . The streambed maintenance program is a flood control program
and City shall use funds provided under this .agreement for
only that purpose.
7 . Consistent with previous practices, there shall be an annual
reconnaissance survey made by. City and County within their
respective jurisdictions of needed works and such shall be
done reasonably before the rainy season in order that the
needed =treambed clearinq program can be carried out prior
;irr, -e,�;sium _ t f 1 :c:, -i_ p wort- done during the rainy
season as appropriate .
8. For control of vegetation , principally willows , the streambed
maintenance program maz be accomplished with the use of State
Fish & Game approved herbicides .
9 . Within the City of San Luis Opispo , City shall be responsible
for acquiring any landowner permission needed to accomplish
the streambed clearing program . The City shall be
responsible for acquiring any landowner permission to
accomplish the Giant Reed control and/or eradication program .
10 . The City shall act as the lead agency in complying with the
California Environmental Quality Act for work done within the
City limits.
11 . Zone 9 will assist City in obtaining California Conservation
Corps cooperation on work .within the. City limits and will
be responsible for arrangements with the California
Conservation Corps for work outside of the City limits but
wi.thin the Zone 9 boundaries .
12. Should the streambed clearing program within the City involve
the abatement of nuisances, the removal of trees, or the
like, 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 .
SMALL IMPROVEMENT PROJECTS .PROGRAM:
13. Zone 9 shall provide funding up to an amount of $172,000 for
the. City to accomplish the following improvement projects
program:
a . San Luis Obispo Creek at Prado Road Bridge -- estimated
.cost of $129000 to stabilize bank and channel around
piers with gabions.
b . Stenner Creek at Foothill Boulevard -- estimated cost
of $20,000 to remove gravel from culvert and from
streambed immediately downstream of the culvert .
C . 0ld Garden Creek at Center Street -- estimated cost
$60, 000 to grade downstream channel and construct low
w� ! 1 CO stacl Zb2 the U,- 31-1
C . Old Garden Creep, at Mountain View -- estimated cost
$:5 . 000 to repour the floor in culVert .
e . ?refumo Creek -- Los Osos Valley Road to Lake --
estimated cost $ 0 , 000 to dredge material to keep the
=`-annel omen and make room for material that will be
transported in by future storms .
f . One-half of the cost of a study on the feasibility of
constructing a detention dam or dams on upper San Luis
Obispo Creek to lessen the flood hazard to the City and
other downstream properties -- estimated total cost of
Cnot more than $50, 000 with Zone 9 ' s maximum contribution
of $25,000 .
g . San Luis Obispo Creek - Nipomo Street to Stenner Creek .
Estimated cost of $30, 000 to remove obstructions and
stabilize banks that have encroached into the channel .
14 . City shall provide all design drawings and related services
for the small improvement projects which are to be
constructed and shall arrange for a consultant to perform the
study for the detention dam( s ) program. City shall also act
as the lead agency in complying with the California
Environmental Quality Act:
15. Zone 9 shall reimburse City for not more than $172,000 for
said -small improvement projects program and any expenditures
made by City in excess of that amount shall be paid at. the,
sole expense of City .
16. Maintenance. City shall maintain all completed works at no
cost to Zone 9.
17: Ownership and Liability . City shall . assume ownership and
liability for the completed works.
,J
GENERAL TERMS:
18. Te.rm. This agreement will commence on July 1 , 1989 and
terminate on June '�0, 1990.
19 . Indemnification and Sole Conduct . Each party nereto shall
defend , indernnify and save harmless: the other party and other
party s _,i Tice--. agerj is aid employe[,: from clnd :4galnst all
claims . demands, liability =ost , 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 aoreement including both acts and
omissions to act .
2:0 . Indemnification for joint- conduct between Zone 9 and the
City . The City shall defend , indemnify and save harmless
County , and its officers, agents and employees from and
against any and all claims, demands, liabilities, costs,
expenses, damages, causes of action includ.ing 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 the 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.
C
2.1 . Zone 9 agrees to cooperate with City in the defense of any
such claims or litigations.
IN WITNESS WHEREOF Zone 9 and City have executed this contract on
the day and year first hereinabove set forth.
SAN LU[S OBISPO COUNTY FLOOD =\jTROL
AND WATER CONSERVATION DISTR [CT ,
Zone 9
By
Chairman of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT :
JAMES B. LINDHOLM, JR.
County Counsel
By : By :
Deputy County Counsel City Attorney
i
Dated : Dated :
CITY OF SAN LUIS OBISPO
By .
Mayor, Ron Dunin
ATTEST : ATTEST:
City Clerk , Pamela Voges Clerk , Board of Supervisors
fcwcd9.agr
C-
/Z-Z - /-3
December 22, 1989
TO: John Dunn, City Administrator
FROM: Jeff Jorgensen, City Attorney4�v
RE: Agreement between City of San Luis and
San Luis Obispo County Flood Control District
Zone 9
The attached council agenda report was forwarded to my office for
review and approval. Upon examination, it appears that one of the
major streambed improvement projects (old Garden Creek at Center
Street) involves significant work to the creek in my backyard. I
have previously granted an easement to the City for this purpose,
which grant was made prior to my appointment as City Attorney.
Although this is somewhat remote, in order to avoid even the `J
appearance of a conflict of interest or problems under Government
Code 1090, I will refrain from approving the agreement. I am
forwarding it to your office for inclusion in the agenda packet
unsigned, but will make arrangements with Vicki Finucane, or if
necessary, Roger Picquet, to sign it prior to the Council meeting.
If you have any questions or comments, please feel free to contact
me at your convenience.
JGJ/sw
cc: David Romero