HomeMy WebLinkAbout14-Public Works
CITY OF SAN BERN~INO - REQUES~l~<;; f2~NCIL ACTION
=rom:
ROGER G. HARDGRAVE
Subject:
Orange Show Road from Arrowhead
to Tippecanoe Avenue - Request
for Approval of Streambed Altera-
tion Agreement - California De-
partment of Fish and Game
)ept:
Public Works
)ate:
11-15-94
;ynopsis of Previous Council action:
10-21-91 Capital Improvement Budgets, for 1991/92 Fiscal Year,
approved.
06-01-92 Authorization granted by CDC for Executive Director to
execute Loan Guarantee Agreement with IVDA.
07-06-92 Authorization granted for City to assume responsibility
for engineering design services, including selection of
Consulting Engineers and execution of agreements.
08-17-92 Resolution No. 92-343 adopted authorizing execution of
an Agreement with DMJM for professional design services.
12-21-92 Approved preferred alignment and authorized the Director
of Public Works/City Engineer to proceed with design.
(Continued on second page)
lecommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
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:ontact person:
Roger G. Hardgrave
Staff Report, Agreement
& Resolution
Phone:
5025
.upporting data attached:
Ward:
1 & 3
:UNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.) N/A
(Acct. DescriPtion)
Finance:
ouncil Notes:
Agenda Item NO.l!j
3-0262
CITY OF SAN BERNACDINO - REQUEST Fr:-~ COUNCIL ACTION
STAFF REPORT
Pursuant to Section 1601 of the California Fish and Ga~p.
Code, the City is required to enter into a Streambed A1tera~ion
Agreement with the California Department of Fish and GaMe (CDFG)
stipulating the conditions under which the streambed may be
altered, prior to start of work within a creek or stream.
In response to our application, CDFG has provided the
attached Streambed Alteration Agree~ent for Work Within East Twin
Creek and the Santa Ana River, in connection with the extension
of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue.
The conditions contained in thp.
Agreement are acceptable to staff and will
project plans and specifications.
Streambed Alteration
be incorporated in the
We recommend that the attached Streambed Alteration
Agreement No. 5-400-94 be approved.
SYNOPSIS OF PREVIOUS COUNCIL ACTION Continued
04-08-93 Authorized the execution of Aareement for right-of-
way acquisition services with David Evans and
Associates.
07-19-93 -- Adopted Negative Declaration and madp. finding of
consistency with the circulation element of thp.
General Plan.
11-15-94
.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF STREAMBED ALTERATION AGREEMENT 5-400-94
RELATING TO CONSTRUCTION OF BRIDGES FOR ORANGE SHOl'l ROAD AT
EAST TWIN CREEK AND SANTA ANA RIVER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE: The Mayor of the City of San Bernardino
is hereby authorized and directed to execute, on behalf of said
City,
Streambed Alteration Agreement 5-400-94 with thp
California
Department
of Fish and Game,
relating to
construction of bridges for Orange Show Road at East Twin Creek
and Santa Ana River, a copy of which is attached herpto marked
Exhibi t "A" and incorporated herein by reference as fully <"5
though set forth at length herein.
SECTION TWO: The agreement shall not take effect until
15 fully signed and executed by all pnrties. 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 agreement fail to execute it within ninety (90) days of the
22 passage of this resolution.
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11-15-94
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Kl:.;,U: l:.Al:.I..UT.LNl, OJ'.L'KJ:.iU'lbJ::U Al,'l'J::AATION AGREEMENT ,,-4UU-~4.
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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 meeting thereof, held on the
4 day of , 1994, by the following vote, to-wit:
5 Council Members:
AYES
NAYS
ABSTAIN
ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
POPE-LUDLAl4
MILLER
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
, 1994.
Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content,
James F. Penman
City Attorney
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EX~IT
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CALIFORNIA DEPARTMENT OF FISH AND GAME
330 Golden Shore, Suite 50
Long Beach, California 90802
Notification No. 5-400-94
Page -1- of -1-
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 Roaer Hardarave of Citv 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 16th day of Seotember, 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 resourcen including: all aauatic
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 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 Aareement becomes effective the date of Deoartment's
sianature and terminates Januarv 1. 1996 for oro;ect construction
only. This Aareement shall remain in effect for that time
necessary to satisfv the terms/conditions of this Aareement.
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STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-400-94
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 extend Orange
Show Road from Arrowhead Ave. to Tippeconoe Ave., approximately
1.75 miles. Bridges will be build over both the Santa Ana River
and E. Twin Creek (which is an improved channel). Approximately
5,000 cubic yards of fill will be used on the E. Twin Creek bridge
and 30,000 on the Santa Ana River crossing. A total of 2.1 acres
of jurisdictional waters and 0.9 acres of riparian habitat will be
impacted.
3. The agreed work includes activities associated with No.2
above. The project area is located between Arrowhead Ave and
Tippecanoe Ave about 1/2 mile south of central Ave, 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 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 ~ extensions
of this agreement.
5. Disturbance or removal of vegetation shall not exceed the
limits approved by the Department. The disturbed portions of any
stream channel or lake margin within the high water mark of the
stream or lake shall be restored to their original condition under
the direction of the Department.
6. Restoration shall include the revegetation of stripped or
exposed areas with vegetation native to the area.
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#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.
9. 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.
or other structures shall be
Bottoms of temporary and
or below stream channel
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 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 downscream in an 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 other 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 returned as nearly as
possible to pre-project conditions without creating a future bank
erosion problem. The gradient of the streambed 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 prior to project commencement.
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#5-400-94
13. Water containing mud, silt or other pollutants from aggregate
washing or other activities shall not be allowed to enter a lake
or flowing stream or placed in locations that may be subjected to
high storm flows.
14. The perimeter of the work site shall be adequately flagged to
prevent damage to adjacent habitat.
15. The Operator shall not remove vegetation within the stream
from March 1 to August 1 to avoid impacts to nesting birds.
16. 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.
17. If trees with larger than 6" diameter dbh have been removed
from the stream's banks, they shall be replaced in-kind at a 2:1
ratio, and maintained until established, under the direction of a
Department representative.
18. All planting shall have a minimum of 80% survival the first
year and 100% survival thereafter and/or shall attain 75% cover
after 3 years and 90% cover after 5 years for the life of the
project. If the survival and cover requirements have not been
met, the Operator is responsible for replacement planting to
achieve these requirements. Replacement plants shall be monitored
with the same survival and growth requirements for 5 years after
planting.
19. 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 both tree and shrub
species. The number by species uf plants replaced, an overview of
the revegetation effort, and the method used to assess these
parameters shall also be included. P;ntos from designated photo
stations shall be included.
20. Mitigation for impacts to wetland areas and southern
cottonwood-willow scrub with associated alluvial fan sage scrub
shall be at a 1:1 replacement ratio. Incorporated with this
mitigation shall be a plan for arundo removal program within a 3:1
ratio for amount area impacted by the project.
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#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 materials in the stream for this
purpose, not included in the origind project description, shall
be coordinated with the Department. Coordination 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 regarding 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.
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#5-400-94
30. No debris, soil, silt, sand, bark, slash, sawdust, rubbish,
cement or concrete or washings thereof, asphalt, 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.
31. The Operator shall comply with all litter and pollution laws.
All contractors, subcontractors arrd employees shall also obey
these laws and it shall be the responsibility of the operator to
ensure compliance.
32. 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.
33. The Operator shall provide a copy of this Agreement to all
contractors, subcontractors, and the Operator's project
supervisors. Copies of the Agreen'ent shall be readily available
at work sites at all times during periouH of active work and must
be presented to any Department personnel, or personnel from
another agency upon demand.
34. The Operator shall notify the Department, in writing, at least
five (5) days prior to initiation of construction (project)
activities and at least five (5) days prior to completion of
construction (project) activities. Notification shall be sent to
the Department at 330 Golden Shore, Suite 50, Long Beach, CA
90802, Attn: ES.
35. The Department reserves the right to enter the project site at
any time to ensure compliance with terms/conditions of this
Agreement.
36. The Department reserves the right to suspend and/or 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 terms/conditions 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 becomes available to the Department
representative(s) that was not known when preparing the
original terms/conditions of this Agreement.
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#5-400-94
d. The project as described in the Notification/Agreement has
changed, or conditions affecting fish and wildlife resources
change.
CONCURRENCE
City of San Bernardino
(Operator's name)
California Dept. of Fish
and Game
(signature)
(date)
(signature)
(date)
Mavor
(title)
Environmental Specialist III
(title)
Approved as to form
and legal content:
James F. Penman
City Attorney
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