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Home My WebLink About1994-365 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 94-365 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF STREAMBED ALTERATION AGREEMENT 5-400-94 RELATING TO CONSTRUCTION OF BRIDGES FOR ORANGE SHOW ROAD AT EAST TWIN CREEK AND SANTA ANA RIVER. BE IT RESOLVED BY THE bffiYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION ONE: The Mayor of the Cit.y of San Bernardino is hereby authorized and directed to execute, on behalf of said City, Streambed Al terat.ion Agreement 5-400-94 with the California Fish Department of and relating Game, to construction of bridges for Orange Show Road at East Twin Creek and Santa Ana River, a copy of which is attached hereto marked Exhibi t "A" and incorporated herein by reference as fully <'s though set forth at length herein. SECTION TWO: The agreement shall not take effect until 15 fully signed and executed bv all parties. The City shall not be 16 obligated hereunder unless and until the agreement is fullv 17 executed and no oral agreement relating thereto shall be 18 implied or authorized. 19 SECTION THREE: The authorization to execute the above- 20 referenced agreement is rescinded if the parties to the 21 22 23 24 25 26 27 28 agreement fail to execute it within ninety ( 90) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / 11-15-94 RESO: ' .EXECUTING STREAMBED ALTERATION AGREEMENT 5-400-9/1. 94-365 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino at a regular meeting t.hereof, held on the 5th day of December , 1994, by the following vote, to-wit. : Council ~lembers : AYES NAYS ABSTAIN ABSENT NEGRETE _-1L- --- -- --- CURLIN X -.-- --- HERNANDEZ X --- --- -- OBERHELMAN _-1L- -- -.- DEVLIN _L- -- -_.._--- POPE-LUDLAH X -- --- -- MILLER _-1L- -.- --.- ----. R~~k,~rk The foregoing resolution is hereby approved t.his 6th ___ December , 1994. day of ~/A . ~t !it~/",- Tom Minor, Mavor Ci ty of San Bernardino Approved as to form and legal content: James F. Penman City Attorney .~ 1-,~~ - 2 - 94-365 CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No. 5-400-94 Page -1- of ~ AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, herein2fter called the Department, and Roqer Hardqrave of Citv of San ?ernarg~no, State of California, hereinafter called the Operal .r, is as follows: WHEREAS/pursuant to SectiO:l1601 ....f Ca]ifo:rn~a Fish and Game Code, the Operator, on the 16th day of September, 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 following water(s): East Twin Creek & Santa Ana River, San Bernardino County, California, Section __ Township IS Range 3W. WHEREAS, the Department (represented by Rebecca Jones) has determined that such operations may substantially adversely affect existing fish and wildlife r~sourcer' including: all aquatic resources and wildlife in th~___ar~;!. THEREFORE, the Department h~reb: propose" measures to protect fish and wildlife resources dudn,} t.he Operator's work. The Operator hereby agrees to accept the folcowillg 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 a'lthorizc=s 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 vaD,e endo.csement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Aqreement becomes effective the date of Department's siqnature and terminates January 1, 1996 for prolect construction only. This Aqreement shall remain in effect for that time necessary to satisfy the terms/conditions of this Aqreement. ,;"."i!ffl!t~i', n:~~;1~~~ 94 365 Page 3 of 7 #5-400-94 7. Rock, riprap, or other erosion protection shall be placed in areas where vegetation cannot reasonably be expected to become reestablished. This condition shall be approved by the Department prior to project commencement. 8. Installation of bridges, culverts, such that water flow is not impaired. permanent culverts shall be placed at grade. or other structures shall be Bottoms of temporary and or below stream channel 9. Equipment shall not be operated in wetted areas (including but not limited to ponded, flowing, or wetlan.,' areas) without the prior written approvn] of t}:.:.,~ D<==~:-~r'_(l.1~12 10. 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. Location of the upstream and downstream diversion points shall be approved by the Department. Construction of the barrier and/or the new channel shall normally begin in the downstream area and continue in an 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 OL other substances subject to erosion unless first enclosed vy shest piling, rock riprap, or other protective material. The e~c10qure a~d the supportive material shall be removed ~.hcm L!, W)Lk is completed and removal shall normally proceed from downs Lrc,arr, in }11 upstream direction. The Operator shall obtain all written approvals from the Department prior to initiation of construction activities. 11. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or ot.her work trails to control erosion. , ~ 12. If a stream channel has been altered during the operations, 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. If a lake margin has been altered, it shall be ~eturned as nearly as possible to pre-project conditicllS w _l,out creating a future bank erosion problem. The gradient of the E,creambed or lake margin shall be returned to pre-project grade unless such operation is part of a restoration project, in which case, the change in grade must be approved by the Department p .1(':. to proj ect commencement. v....,r".,...I.~~1'I'.., "W~1,"".-"'0"" ,94 365 ,. Page 5 of 7 #5-400-94 21. A wildlife conservation easement shall be recorded on the property to protect existing-fish and wildlife resources in perpetuity. The easement shall be'in favor of the Department or its designated agent and shall be recorded within one year of signing this agreement, or as extended by the Department. An offer of dedication shall be made prior to initiation of construction activities. The form and content of the easement shall be approved by the Department's legal advisors prior to its execution. The legal advisors can be contacted at (916) 654-3821. 22. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. 23. Spoil sites shall not be located within a stream/lake, where spoil shall be washed back into a stream/lake, or where it will cover aquatic or riparian vegetation. 24. Precautions to minimize turbidity/siltation shall be into account during project planning and implementation. This may require that the work site be isolated and lor the construction of silt catchment basins, so that silt, or other deleterious materials are not allowed to pass to downstream reaches. The placement of any structure or materL.ls in the stream for this purpose, not included in the ori,~ ~n ,.' project description, shall be coordinated with the Department. Coon'i._1ation shall include the negotiation of additional Agreement provisions. 25. Any equipment or vehicles driven and/or 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. 26. Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream/lake shall be positioned over drip pans. 27. The clean-up of all spills shall begin immediately. The Department shall be notified immediately by the Operator of any spills and shall be consulted r-ogard'ng clean-up procedures. 28. Structures and associated materials not designed to withstand high water flows shall be moved to areas above high water before such flows occur. 29. All provisions of this Agreement remain in force throughout the term of the Agreement. Any provisions of the Agreement may be amended or the Agreement may be terminated at any time provided such amendment and/or termination is agreed to in writing by both parties. Mutually approved amendments become part of the original Agreement and are subject to all previously negotiated provisions. lb. .'., 94-365 Page 7 of 7 #5-400-94 d. The proj ect as described in tl~", Notification/Agreement has changed, or conditions afl.~ting fish and wildlife resources change. CONCURRENCE City of San Bernardino (Operator's name) California Dept. of Fish and Game ~~v~~ ~~WrJC1~ ~t. IZe bk>cca ~j(,71El--\ 12.!11!r<( (signature) (date) (sigllatu~e) (date) Mayor (title) Environmental Specialist III (title) Approved as to form and legal content: James F. Penman City Attorney T'~