Loading...
HomeMy WebLinkAbout1996-031 1 2 3 4 96-31 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STREANBEO ALTERATION AGREE!I1ENT 5-346-95 WITH CALIFORNIA OEPARTNENT OF FISH AUO GAHE RELATING TO CONSTRUCTION OF BAILEY CREEK DEBRIS AIIO CHANNEL IMPROVE!1ENTS. BE IT RESOLVED BY THE MAYOR AND C0!1!10N COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOHS: 6 SECTION ONE: The Director of Public Wo~ks of the City 7 of San Bernardino is hereby authorized and directed to execute, 8 on behalf of said City, Streambed Alteration Agreement 5-346..95 9 with California Department of Fish and Game, relating to 10 construction of Bailey Creek Debris Basin and Channel 11 Improvements, a copy of which is attached hereto marked Exhibit 12 "A" and incorporated herein by reference as fully as though set 13 forth at length herein. 14 SECTION THO, The agreenent shall not take effect until 15 fully signed and executed by all parties. The City shall not be 16 obligated hereunder unless and until the agreement is fully 17 executed and no oral agreenent relating thereto shall be 18 implied or authorized. 19 SECTIOlI THREE: The authorization to execute the above.. 20 referenced agreement is rescinded if the parties to the 21 agreement fail to execute it within ninety (90) days of the 22 passage of this resolution. 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / l-09-96 RES 96-31 RESQ: E~ECUTING STREANBED ALTERATION AGREEMENT'S-346-9S _ BAILEY CREEK 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a regular Meeting thereof, held on the 4 5th day of February , 1996, by the following vote, to-wit: - 5 Council HeMbers: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN AYES NAYS ABSTAIN ABSENT x x x x x 11 POPE-LUDLAH 12 11HLER 13 14 15 16 x x i~~... i'; ,J' " , X. \.--L.-d. -" ,-e.._ Ra hel Clark, City Clerk 711.. The foregoing resolution is hereby approved this day of February , 1996. 17 18 19 20 21 22 23 24 25 26 27 28 ~_..~ \ /C-~ (~~ ( To. Hinor, Hayor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney .~ / .2: By f.d~? 9'11 '1/1--v,-&" /J / - 2 - ~\S 96:-~1 . . CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No. 5-346-95 Page -1- of -2- . AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Roqer Hardqrave of City of San Bernardino, State of California, hereinafter called the Operator, is as follows: WHEREAS,pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 25th day of July, 1995, 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(s) of, the following water(s): Bailev Creek, San Bernardino County, California, Section __ Township 1N Range 2W. WHEREAS, the Department (represented by Rebecca Jones) has determined that such operations may substantially adversely affect existing fish and wildlife resources including: aquatic resources and wildlife in the area. 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 measures/conditions 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 docs it ~elieve 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 Depart~e~t's concurrence with permits required from other agencies. This Aqreement becomes effective the date of Deoartment's siqnature and terminates Decembe~ 31, 1997 for oroiect construction only, This Aqreement shall remain in effect for that time necessarv to satisfy the terms/conditions of this Aqreement, EXHI~IT -A- RES 96-:11 ... .- . . '\ Page -L of -2- STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-346-95 1, The following provisions constitute the limit of activities agreed to and resolved by this Agteement. 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 notificatio~ pursuant to Fish and Game Code Sections 1600 et seq. 2. The Opcrutor proposeD to .:lIter tr.c olt"c.""1il1bcd l:o conott-ucl":. t\ debris basin and channel 011 Bailey Cree',. Thi= project will impact 1.5 acres of riparian habitat. 3. The agreed work includes activities associated with No.2 above. The project area is located from 600 feet north of the intersection of Verdemont Drive and Olive Avenue south to Ohio Avenue (south from Ohio Avenue, there will be either temporary channel improvements to join the existing unimproved channel, or permanent improvements to join the existing improved channel at Walnut Avenue) City of San Bernardino. in San Bernardino County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by.the Operator and shall be implemented as proposed unless directed cifferently 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 a.d Game Code Section 1600 et. seq. The Operator may request up tv a lT12.xiinum of -L extensions of this agreement. 5. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. 6. Equipment shall not be operated in ~etted areas (including but not limited to ponded, flowing, or wetland areas) except as provide for in condition 7. 7. When work in a flowing stream is unavoidable, the entire stream flow shall be diverted around the.work area by a barrier, temporary culvert, new channel,or other means approved by the Department. Construction of the barrier and/or the new channel shall normally begin in the downstream area and continue in an ~~ 96:C1 . . Page 3 of 5 #5-346-95 upstream direction, and the flow shall be diverted only when construction of the diversion is completed. Channel bank or barrier construction shall be adequate to prevent seepage into or from the work area. Channel banks or barriers shall not be made of earth or other substances subject to erosion unless first enclosed by sheet piling, rock riprap, or other protective material. The enclosure and thc supr-~rtive material shall be removed when the work is completed and removal shall normally proceed from downstream in an upstrear,j direction. 8. Water containing mud, silt or otheT pollutants from aggregate washing or other activities shall not pe allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. . 9. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent habitat. 10, The Operator shall not remove vegetation within the stream from March 15 to July 15 to avoid impacts to nesting birds. 11. The Operator shall have a qualified biologist survey the proposed work area to verify the presence or absence of the speckled dace. The results of these surveys shall be provided to the Department. If the dace is foulld to tee one site, additional mitigation measure shall be required. pr~or to the initiation of work. If the dace is found within tI".e work area, the fish shall be relocated to up stream areas and fish screens shall be used at the upper diversion point to prevent fish from moving down stream. 12. If mature perennial trees have been removed from the stream's banks, they shall be replaced in-kind, and maintained until established, under the direction of ~ De~artment representative. 13. In order to determine if the r~vegetation techniques used have been successful any plant species required that are listed below shall achieve the minimum grcwth.at tLc end or three and five years. If the minimum growth is not aChieved then the Operator shall be responsible for taking the dppropriate corrective measures as determined by Department representatives. The Operator shall be responsible fo.'::" any co:ot occurred during the revegetation or in subsequent coree ~': ';"e measures. SPECIES SIZE AT PLANTING HEIGHT PLANTING CENTERS 3 years 5 years (GALLONS) 1 gallon 20 ft c_ 5 f;t 9 ft 5 gallon 22.5 ft 7 ft 13 ft 15 gallon 25 ft ,10 ft 18 ft ,1.; Sycamore r~ ~ v RES 967~1 , ~ . .. . . Page 4 of 5 #5-346-95 14. An annual report shall be submitted to the Department by Jan. 1 of each year for 5 years after planting. This report shall include the survival, % cover, and height of tree species. The number by species of plani:s replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be in~luded. Photos from designated photo stations shall be included, 15. Prior to initiation of oonstructicn activities, a plant palette shall be submitted to tLe Dep3.rtrr:ent for approval. 16. A complete inventory of trees by species and DBH which will be removed shall be submitted to the Department within 30 days of signing this Agreement. 17. Sycamores with a DBH of 6 inches or greater shall be replaced in kind at a 3:1 ratio. 18. The habitat replacement ratio shall be at a 3:1 for off site mitigation, or at 2:1 for on site mitigation, 19. Proof of an Army Corps 404 permit shall be submitted to the Department prior to the initiation of construction. All terms and conditions under the Army Corps 404 permit shall be enforceable by the Department under ~hisagreement, However, the conditions of the Army Corps 404 permit shall not supersede this agreement. . 20. Structures and associated materials not designed to withstand high water flows shall be moved to areas above high water before such flows occur, 21. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, asphalt, oil or petroleum products or other organ.ic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to ente~ into or 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 wo~J, ;.rea, No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 22. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the ~esponsibility of the operator to ensure compliance. 23. No equipment maintenance shall'be done within or near any stream channel or lake margin w:.e:r;e -'CJetroleum products or other pollutants from the equipment lllay enter these areas under any flow. ! " .: '" ~s 96:-}1 . . . . . Page 5 of 5 5-346-95 23. 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. 24. The Department reserves the right to enter the project site at any time to ensure complia~ce ~ith terms/conditions of this Agreement, 25. The Department reserves the right to cancel this Agreement, after giving notice to the Operator, if the Department determines that the Operator has breached any of the terms or conditions of the Agreement, 26. The Department reserves the ri?ht to suspend or cancel this Agreement for other reasons, including but are not limited to, the following: a. The Department determine~ the information provided by the Operator in support of ~he Agreement/Notification is incomplete or inaccurate; b. The Department obtains new infoY"mation that was not known to it in preparing the terms and ~onditions of the Agreement; c. The conditions of or affecting fish and wildlife resources change; or d. The Department determines project activities will result in a substantial adverse effect 011 the environment. CONCURRENCE CITY OF SAN BERNARDINO (Operator's name) California Dept. of Fish a:J,t~ Game (fi6'~ . ,,~~wae;r) 1(13/% . (3':'J:lature) - (date) ~,.. K~b~N:(L -::Tone~ Environmental Specialist III (title) d - " -<{ ;= (signature) Director of Public Works/City Engineer (title) (date) ","j , '