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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: II i►i����� 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