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Home My WebLink About1994-180 1 2 RESOLUTION NO. 94-180 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF FISH AND 3 GAME REGARDING PROPOSED STREAM OR LAKE ALTERATION RELATIVE TO WIDENING THE KENDALL DRIVE AND CAJON BOULEVARD BRIDGES OVER THE 4 DEVIL CANYON CHANNEL. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, the Agreement Regarding Proposed Stream or Lake Alteration with the California Department of Fish and Game, relative to widening the Kendall Drive and Cajon Boulevard Bridges over the Devil Canyon Channel, a copy of which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / 6-15-94 RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH CALIFORNIA, DEPARTMENT OF FISH AND GAME REGARDING PROPOSED STREAM OR LAKE ALTERATION. 94-180 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 4 5th day of .Tllly 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER 13 14 reolllar meeting thereof, held on the , 1994, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~~ Ra 1 Clark, City Clerk 15 16 17 18 19 The foregoing resolution is hereby approved this 7th day of ,Tllly , 1994. .~~ , Tom Minor, Mayor Ci ty of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 By 24 25 26 27 28 ~ - 2 - " /,,-'. , II 94-180 duplicate original CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No.5-216-94 Page -1- of ~ 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 Sectiun 1601 of California Fish and Game Code. the Operator, on the 17th day of Mav, 1994, 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 follow~00 water\s): Devil Creek, San Bernardino County, California, Seclio'l Q Township IN Range 4W, WHEREAS, the Department (represented by Rebecca Jones) has determined that such operations may substantially adversely affect existing fish and wildlife resources including: all 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 measureslconditions as part of the proposed work, If the Operator's work chang'os fron~ that stated in the notification specified above, this Agreer ..,nt 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 Aqreement becomes effec~iye_theda~~9f Department's siqnature and terminates one ,,-.ear fee date of Department's siqnature for prolect constr;.ction onlv, This Aqreement shall remain in effect for that time necessary to satisfy the termslconditions of this Aqreement, 'I> <," ~ ' , , , 94-180 Page ~ of -L STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-216-94 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 Sections 1600 et seq, 2, The Operator proposes to alter the streambed to widen two bridges to their ultimate Right-of-Way of four lanes/major arterial, 3, The agreed work includes activities associated with No, 2 above. The project areas are located at Kendall Way over-crossing of Devil Creek, and the Cajon Boulevard over-crossing at the junction of Devil Creek and Cable Creek in the 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 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 WiLh 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 ~ 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) without the prior written approval of the Department, 7, When work in a flowing stl,am 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, Location of the upstream and downstream diversion points shall be approved by the Department, Construction of the barrier and/or the new channel s;lall "orrnally begin in the downstream area and continue in ail upstream direction. and the flow shall be diverted only when construction of the diversion is 94-180 ~,"""" ,.~'i' 'P' ~. . !'" ,~ > ... Page 3 of 4 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 the supportive material shall be removed when the work is completed and removal shall normally proceed from dcwnstream '.n an upstream direction, The Operator shall obtain all Nritten D~provals from the Department prior to initiat iOl.' of cons' cuction activities, 8, Water containing mud, silt or other pollutants from aggregate washing or other activities shalJ. not be allowed to enter a lake or flowing stream or placed in locatiul1s ttIat. loay be subjected to high storm flows, 9. Any equipment or vehicles driven andlor operated within or adjacent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life, 10, Stationary equipment such as motors, pumps, generators, and welders. located within or adjacent to the streamllake shall be positioned over drip pans, 11, The clean-up of all spill s shall begi.n immediately, The Department sLall be "otified im:dedic'~ely by 1:he Operator of any spills and shall be consulted regarding clean-up procedures, 12, 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, 13, No debris, soil. silt, sand, bark, slash, sawdust, rubbish, asphalt, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any logging, construction, or associated activity of whatever nature shall be allowed to enter 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 work area, No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake, 14, 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 responsibility of the operator to ensure compliance. 15, No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow, .. '~STREAMBED ALTERATION AGREEMENT NO. 5-216-94 94-180 Page 4 of 4 16, The perimeter of the work site shall be adequately flagged to prevent damage to adjacent Biological Resources Management Overlay. 17, The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the ^greement 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, 18, The Department reserves the right to enter the project site at any time to ensure compliance with lerllls/conditions of this Agreement, 19, The Department reserves the right to suspend andlor revoke this Agreement if the Department determines that the circumstances warrant, The circumstances that could require a reevaluation include, but are not limited to, the following: a, Failure to comply with the termslconditions of this Agreement. b, The information provided by the Operator in support of the Agreement/Notification is determined by the Department to be incomplete, or inaccurate, c, When new information be~omes available to the Department representativE:: (sj that \,as l1'-J:'" known when preparing the original terms/conditions of this Agreement, d, The project as described in the Notification/Agreement has changed, or conditions affecting fish and wildlife resources change. CONCURRENCE (Operator's name) CITY OF SAN BERNARDINO California Dept, of Fish and Game ~ )V' j"L:,7~ / ,0V\/;1f(~~ -f('~ weJO(f-.10 7/1'I('I<{ ~oe ~ebec~~ ~c~e~ (signature) (date) (signature) (date) Mayor (title) Environmental Specialist III (title) Approved as to form and legal content: JAMES F. PENMAN City Attorney ,~~("^;r>-~ Attest: R~it~