HomeMy WebLinkAbout10/16/1990, C-9 - AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZON a� ►���IIII�p jq�Illl City of San-Lus osispo
NNAMe COUNCIL AGENDA REPORT
Page 2
RECOMMENDATION:
By motion, approve and authorize the Mayor to execute an agreement
with San Luis Obispo County Flood Control District Zone 9 for the
city to perform reimbursable creek maintenance.
Attachments: 1. Agreement
Date: /d �.A--7 a
City dministra e officer
ty tt ne Finance Director
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LUIS OBISPO 9
CCONTO, OLRNU940805) 55OMTO
GEORGE C. PROTOPAPAS
County Engineer
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September 25, 1990 WAMCONSEWATM
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Dennis E. Cox
City of San Luis Obispo
25 Prado Road
San Luis Obispo, CA 93401
Subject Flood Control Zone 9 Agreement
Dear Mr. Cox:
Enclosed is the Agreement between the San Luis Obispo County Flood Control and Water
Conservation District Zone 9, and the City of San Luis Obispo, for a streambed clearance and
-- maintenance of San Luis Obispo Creek. The Agreement includes a number of projects which
you have requested. Please have your City Council execute the Agreement and return it to
me for our execution.
Thank you for your response in this matter.
Sincerely,
GEORGE C. PROTOPAPAS
County Engineer
DOU ONES
Water Systems Superintendent
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Enclosure
AGREEMENT 43TWEEN 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 STREAMBED IMPROVEMENT PROGRAM
This Agreement entered into the day of ,
1990, between the San Luis Obispo County Flood Control and Water
Conservation District, Zone 9 (hereinafter referred to as "Zone 911)
and the City of San Luis Obispo (hereinafter referred to as
"City") ;
W I T N E S E T 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 Obispo; and
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
proved to be a flood control problem; and
WHEREAS, appropriate maintenance management leading to the
Ocontrol and/or eradication of the Giant Reed is necessary;and
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
WHEREAS, the Zone 9 Advisory Committee has considered small
improvement projects for erosion control and flood control
benefits; and
WHEREAS, it is to the mutual benefit of the Flood Control
Zone 9 and the City to cooperate on the needed small improvement
projects; and
WHEREAS, the 1990-91 budget appropriation includes $60,000
for the streambed clearing program and $10,000 for the Giant Reed
Eradication Program.
WHEREAS, the 1990-91 budget appropriates $530, 000 for small
improvement projects.
�. NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, Zone 9 and
City mutually covenant and agree as follows:
STREAMBED CLEARING AND GIANT REED ERADICATION 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 $55,000 of the funds
budgeted in Zone 9 in the 1990-91 fiscal year for the
streambed clearance program and an additional sum of not more
p
than $2,500 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
performed on the basis of monthly statements submitted for
payment.
S. All streambed maintenance work provided for by this agreement
shall be done in accordance with the following provisions of
the 1979 Memorandum of Understanding: "Work performed under
this agreement will be conducted within the following
streams-
a. San Luis Obispo Creek
b. Lower watershed of Laguna Lake, including Prefumo
Creek but not Sycamore Creek
Co 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 jurisdiction 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 streambed clearing program can be carried out prior to
the rainy season with follow-up work done during the rainy
season as appropriate.
a. For control of vegetation, principally willows, the streambed
maintenance program may be accomplished with the use of State
Fish 6 Game approved herbicides.
9. Within the City of San Luis Obispo, 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.
C, 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 within 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 $202,000 for
the City to accomplish the following improvement projects
i program:
C,04 M,.?
a. Stenner Creek at Foothill Boulevard -- estimated cost of
$20,000 to remove gravel from culvert and from stre_ambed -'
immediately downstream of the culvert.
b. Old Garden Creek at Center Street -- estimated cost
$60,000 to grade downstream channel and construct low
wall to stabilize the bank.
c. Old Garden Creek at Mountain View -- estimated cost
$25,000 to repour the floor in culvert.
d. Prefumo Creek -- Los Osos Valley Road to Lake --
estimated cost $30,000 to dredge material to keep the
channel open and make room for material that will be
transported in by future storms.
e. 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
not more than $50,000 with Zone 9 's maximum contribution
of $25,000.
f. San Luis Obispo Creek - Nipomo Street to stenner Creek.
Estimated cost of $301000 to remove obstructions and
stabilize banks that have encroached into the channel.
g. San Luis Obispo Creek at Prado Road Bridge -- estimated
cost of $12, 000 to stabilize bank and channel around
piers and gabions.
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 $202,000 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. Ownershiy and Liability. . City shall assume ownership and
liability for the completed works.
0
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GENERAL TERMS:
1s. Term. This agreement will commence on July 1, 1990. and
terminate on June 30, 1991.
19. Indemnification and ole 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.
20. 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 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 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.
21. Zone 9 agrees to cooperate with 'City in the defense of any
such claims or litigations.
C<
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IN WITNESS WHEREOF Zone 9 and City have executed this contract on
the day snd year first hereinabove set forth. O
SAN LUIS OBISPO COUNTY BLOOD CONTROL
AND WATER CONSERVATION DISTRICT, Sone 9
By
Chairperson of the Board of Supervisors
APPROVED AS TO FORK AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By: By•
04
Deputy County Counsel �f^tybrnffv
Dated• Dated: 1b - 90
CITY OF SAN LUIS OBISPO
By:
Mayor, Ron Dunin
ATTEST: ATTEST:
City Clerk, Pamela Voges Clerk, Board of Supervisors
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