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HomeMy WebLinkAbout1998-266 . , . 1 2 3 4 5 6 7 8 RESOLUTION NO, 98-266 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OFDEVEWPMENT SERVICES TO EXECUTE A STREAMBED ALTERATION AGREEMENT WITH THE STATE DEPARTMENT OF FISH AND GAME RELATING TO WIDENING OF THE KENDALL DRIVE BRIDGE OVER CABLE CREEK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLWWS: SECTION 1. The Director of Development Services of the City of San Bernardino is 9 hereby authorized and directed to execute on behalf of said City a Streambed Alteration 10 Agreement with the State Department of Fish and Game relating to widening of the Kendall 11 Drive bridge over Cable Creek, a copy of which is attached hereto, marked Exhibit" An and 12 incorporated herein by reference as fully as though set forth at length. 13 14 SECTION 2. The Streambed Alteration Agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until 15 16 the Streambed Alteration Agreement is fully executed and no oral agreement relating thereto 17 shall be implied or authorized. 18 19 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded 20 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 98-266 . 1 2 RESOLUTION...AUTHORlZING THE DIRECTOR OF DEVEWPMENT SERVICES TO EXECUTE A STREAMBED ALTERATION AGREEMENT...RELATING 3 TO WIDENING OF THE KENDALL DRIVE BRIDGE OVER CABLE CREEK. 4 5 regular 21st Common Council of the City of San Bernardino at a meeting thereof, held on the _day 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 ofSevt!1!!l>d898, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x 19 ~~ 20 The foregoing ordinance is hereby approved this ,::J;{ rt..4' day 21 of September , 1998. 22 23 24 25 Approved as to 26 form and legal content: ~ les; Mayor Bernardino 27 JAMES F. PENMAN, 28 City ttorney /J ~~ 98-266 STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 (562) 590-5137 ATT;,:IIIICIIT :.'. \ PETE WILSON GOVIfm<H' AGREEMENT REGARDING PROPOSED ACTIVITIES SUBJECT TO CALIFORNIA FISH AND GAME CODE SECTION 1601 NOTIFICATION NUMBER: 5-301-98 THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and ffidIEl. Eo lhys of Citv of San Bernardino. 300 N. "0" Street, San Bernardino, 92418, State of CalifornTa, hereinafter called the Operator, is as follows: WHEREAS, pursuant to Section ~ of California Fish and Game Code, the Operator, on the 2.41h.. day of ~ uaa notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank. of, or use material from the streambed(sl/Iak.e of, the following water(s): Cable Creek: tributarY to Santa Ana River in San Bernardino Countv; located within Section ~, Township ill, Range ~ USGS Map San Bernardino North. WHEREAS. the Department (represented by Rebecca Jones) has determined that such operations may substantially adversely affect existing fish and wildlife resources including: those songbirds, raptors, other birds, mammals, reptiles, amphibians, plants, and other wash related resources and wildlife in and their associated areas affected by the proposed project in this agreement. THEREFORE. the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measureslconditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. THIS AGREEMENT BECOMES EFFECTIVE ON date oLDepartment's signature AND TERMINATES ON .December 3',1999 for the proposed projects only. This agreement shall remain in effect for that time necessary to satisfy the terms and/or conditions of this agreement. 98- 260 Page 2 of 4 ATTACH/1ENT "A" STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION No. 5-301-98: 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement, shall be subject to separate notification pursuant to Fish and Game Code ~ 1600. 2. The Operator proposes to alter the streambed to extend the existing two piers and abutments a distance of 38 feet north and 38 south of the existing bridge. Work will consist of demolition of the existing wing walls and interfering portions of the existing bridge, extension of piers, footings abutments, bridge deck, and construction of new wingwalls at the upstream and downstream ends 'of thee bridge. Existing rail and wire revetment will be connected to the new wingwalls to control scour. 3. The agreed work includes activities associate" with No.2 above. T!1e project area is located where Kendall Drive crosses Cable Creek in San Bernardino County. Specific work areas and mitigation measures are described onlin the plans and documents submitted by the Operator and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall request an extension of this agreement prior to its termination. Extensions may be granted for up to 12 months from the date of termination of the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 Office at the above address. If the Operator fails to request the extension prior to the agreement's termination then the Operator shall submit a new notification with fees and required information to the Department. Any activities conducted under an expired agreement is a violation of Fish and Game Code Section 1600 et. seq. The Operator may request up to a maximum of..2... extensions of this agreement. 5. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired. 6. Equipment shall not be operated in wetted areas (including but not limited to ponded, flowing, or wetland areas). 7. If a stream channel has been altered during the oper<:tions, its low flow channel shall be returned as nearly as possible to pre-project conditions without creating a possible future bank erosion problem, or a flat wide channel or sluice-like area. The gradient of the streambed or lake margin shall be returned to pre-project grade. 8. No vegetation shall be impacted. 9. Any concrete placed within the channel shall be allowed to dry a minimum of 24 hours prior to inundation with water. 10. An area shall be flagged to identify the limits of the agreed work area within the stream, not to exceed 70 feet upstream or 70 feet downstream from the centerline of the Qtidg,e,. 11. This agreement does not authorize the "take" of any listed species. If threatened or endangered species occur within the proposed work area, or could be impacted by the work proposed, this agreement shall not be valid until the Operator obtains the required state and federal threatened and endangered species permits. Page 3 of 4 5-301-98 98-266 /\TT/\CHr~E!H ','All 12. Staginglstorage areas for equipment and materials shall be located outside of the stream/lake. 13. Fill length, width, and height dimensions shall not exceed those of the original installation or the original naturally occurring topography, contour, and elevation. Fill shall be limited to the minimal amount necessary to accomplish the agreed activities. Except as otherwise specified in this Agreement, fill construction materials other than on-site alluvium, shall consist of clean silt-free gravel or river rock. 14. Spoil sites shall not be located within a streamllake, where spoil shall be washed back into a stream. 15. All of the material removed from the existing bridge shall be hauled off site and disposed of properly. 16. Any equipment or vehicles driven andlor operated within or adjacent to the streamllake shall be checked and maintained daily, to prevent leaks of materials near channel area. 17. Any materials placed in seasonally dry portions of a stream or lake that could be washed downstream or could be deleterious to aquatic life shall be removed from the project site prior to inundation by high flows. 18. No debris, soil, silt, sand bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any maintenance, construction, or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the state. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream. 19. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 20. The Operator shall comply with all Iittflr and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the Operator to ensure compliance. The clean-up of all pollution spills shall begin immediately. The Operator shall notify the Department immediately of any spills and shall consult with the Department regarding clean-up procedures and requirements. 21. The Operator, contractors, subcontractors or any of the individuals mentioned above are jointly and severely liable for compliance with the provisions of this agreement. Any violation of the provisions of this agreement shall cause to cancel this agreement, and all activity shall stop immediately and shall not proceed until the Department has taken all of its legal actions and/or another agreement is made. 22. The Department reserves the right to enter the project site at any time to ensure compliance with the terms and conditions of this agreement. Copies of this agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel upon demand. 98-266 ATTACH/1ENT "A" 5-301-98 Page 4 of 4 23. The Department reserves the right to suspend or cancel this agreement for other reasons, including but not limited to, the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the agreement; c. The project or project activities as described in the NotificationlAgreement have changed; and d. The conditions of or affecting fish and wildlife resources change or the Department determines that project activities will result in an adverse effect on the environment. CONCURRENCE City of San Bernardino MIClIAEL E. HAYS California Dept. of Fish and Game d~~~~ /P1ftff (signatUrel (<jKte) Dir of DevelnnnPnt Services (title) Rebecca Jones Environmental Soecialist 111 (title) J ../' q I I J13) ~ ~ZIJ- ~ .:J, -- ~ ~ '"V "lQ::;.",..... ::::01, ..~; ~~.!. 'll'H ""-r. , / ." ~ , , ., f , , f , - ~f i __. " lT32! --- , , ., . r l~<r;~ / v.....'\:....... ~~ I " p_' t" '-~ " ,. <. 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