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CI;Y OF SAN .BRNQDINO
File No. 2.133
- RBQUBST FOl COUNCIL ACTION
Date:
9-20-90
Authorization to Execute Agree-
Subject: ment with State Department of
Fish & Game for Streambed Alter-
ations - Chestnut Avenue Storm
Drain, from Irvington Avenue to
Ohio Avenue
ROGER G. HARDGRAVE
FM
Dlt
Public Works/Engineering
Synopsis of Previous Council action:
04-03-89 Authorization granted to proceed with Assessment
District No. 987.
05-18-89 Resolution No. 89-146 adopted setting $0.09
surcharge fee.
06-05-90 Resolution No. 90-212 adopted adjusting surcharge
fee to $0.13 per square foot.
06-18-90 Negative Declaration, Mitigation Monitoring Report
and Finding of Consistency with General Plan adopted.
Recommended motion:
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Adopt resolution.
cc:
Shauna Edwins
Jim Penman
Annie Ramos
Larry Reed
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Signature
Supporting data attached:
FUNDING REQUIREMENTS:
Gene R. Klatt Phone:
Staff Report, Resolution,
Aqreement Waro:
Amount: N/A
5125
5
Contact person:
Source: (Acct. No.1
(Acct. Oescriotionl
Finance:
Oil Notes:
~..._n?~?
Agenda Item No
.20
CITY OF SAN BERNA~INO - REQUEST Fea COUNCIL ACTION
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STAFF REPORT
As a part of the project to construct the Chestnut
Avenue Storm Drain, it is necessary to obtain permits from the
Department of Fish and Game (State) and the Corps of Engineers
(Federal) for stream bed alterations or work that could affect
"waters of the United States."
The Standard "Permit" from the Department of Fish and
Game is an Agreement setting forth the conditions under which
they will allow the work to proceed.
Staff has met with the representatives of the Department
of Fish and Game, and reviewed the plan and project documents.
The attached Agreement is in general conformance with discus-
sions and provisions set forth by the Environmental Review Com-
mittee and detailed in the Mitigation Monitoring report for this
project. The provisions in the Agreement appear to be standard
conditions imposed by the Department of Fish & Game for their
projects.
A plan has been prepared by a Landscape Architect for
installing an irrigation system and landscaping for the Chestnut
Avenue Trail. This plan will need to be revised to conform with
this Streambed Alteration Agreement by substituting some trees
that are native species in lieu of those shown. The irrigation
system and landscaping will be installed by adjoining
subdividers as a condition of approval for their tracts.
Landscaping the trail will be deferred until after the
Chestnut Avenue Storm Drain is installed, in order to avoid
disrupting the plant material and irrigation facilities. We
anticipate installation of the storm drain will be started in
April, 1991.
Staff recommends that the resolution authorizing the
execution of this Agreement be adopted.
9-20-90
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AGREEMENT WITH CALIFORNIA DEPARTMENT OF FISH
AND GAME RELATING TO STREAMBED ALTERATIONS FOR THE CHESTNUT
AVENUE STORM DRAIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE: The Director of Public Works of the City
of San Bernardino is hereby authorized and directed to execute,
on behalf of said City, an agreement with California Department
9 of Fish and Game, relating to streambed alterations for the
10 Chestnut Avenue Storm Drain, a copy of which is attached hereto
11 marked Exhibit "A" and incorporated herein by reference as
12 fully as though set forth at length herein.
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SECTION TWO: The agreement shall not take effect until
o 14 fully signed and executed by all parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be
17 implied or authorized.
18 SECTION THREE: The authorization to execute the above-
19 referenced agreement is rescinded if the parties to the
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9/20/90
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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RESO:
EXECUT~AGREEMENT WITH CALIFOR~_DEPARTMENT OF FISH
& GAM. LATING TO STREAMBED ALVATIONS FOR CHESTNUT
AVENUE ORM DRAIN.
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 meeting thereof, held on the
4 day of , 1990, by the following vote, to-
5 wit:
6 Council Members: AYES NAYS ABSTAIN
7 ESTRADA
8 REILLY
9 FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
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21 Approved as to form
and legal content:
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James F. Penman
23 City Attorney
w. R. Holcomb, Mayor
Ci ty of San Bernardino
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EXHIBIT -A-
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CALIFORNIA DEPARTMENT OF FISH AND GAME
330 Golden Shore, SUlte 50
Long Beach, Callfornla 90802
Notl f :ca tlon No). 5...::i?!:l.:::9.Q...
Page 1 of 4
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered lnto between the State of Californla.
Depar::ment of Flsn and Gains, hereinafter called the Department, and 8-',.ger-~.
Ha.r..9r:..aYe.. of ..:;1J;Y......9f.....?a.D...l3..e.Coa...r:.<:itng....., S ta te of . (~a.Jbfgm.l&.., hereinaf ter
called the Operator, lS as follows:
WHEREAS,pursuant to Sections ~~99_~t~..~eg~.. of California Fish and GamE
Code. the Operator. on the 9t:t1 day of 3LJly ,1990 notified the Department
that they lntend to 5ubstantlally dlvert or obstruct the natural flow of, 0'
substantlally change the bed, channel, or bank of, or use materlal from the
streamoed of. the followlng water: ulJ..IJ.a..!'l..e.9......... San Bernardino County,
Californla, Sectlon 1. Townshlp ~~ Range SW .
WHEREAS. the Department has determined that
substantially adversely affect eXlstlng flSh and
o 1 ne 1 u ,j 1 ng: a LL......"..1.J.9J.l.f..e...1.D. ._..ttle......a.Tea..
THEREFORE, the Department hereby proposes
wlldllfe resources durlng the Operator'~ work.
to accept the followlng measures/conditions as
such operations may
wildllfe resources
measures to protect flSh ana
The Operator hereby agrees
part 'Jf the proposed w,)rk.
If the Operator's work changes from that stated ln the notiflcatlon
~peclfled above, thlS Agreement 1S no longer valla and a new notlf1catlon
shall be submlttea to the Department of F1Sh and Game. Fallure to comply
wlth the prOV1Slons of thlS Agreement and wlth other pertinent code
sections, lnclualng but not limited to F1Sh and Game Code Sectlons 5650,
5652, SQ37, and 5948, may result ln prosecutlon.
Nothln9 1n thlS Agreement authori~e~ the Operator to trespass on any
land or property, nor does lt relieve tne Jperator of res~onslbll1ty for
compllance with applicable federal, state, or looal laws or ordinances. A
consummated Agreement does not constltute Department of F1Sh and Game
endorsement of the proposed operatlon, or assure the Department's
concurrence wlth permlts requlred from other agencles.
Th lS Agreemen t becomes ef fee t 1 ve c>O...9a.!.e...c>.t...(jp.E!r'a:c>,...~_2....~b.9J1'" tLJ-Le and
t e r' m 1 n ate s [)s';e Ol?eC_..J.,._J99J. . ...f..9.r-......P.r.'.?.J.'l'l.9.. L." C>r1~ t..r:.LJ..c:J. 19r1._c>DJY... .........T_t1.b.~
I.g,.. eeme n t ...5 ha 11..rem.ill n .1.IJ.....E!..ff e..9...t.m...f..9Ctbil t.m.t.l..rn.e....rlece..s..;;a r-Y._t9 ......s..a..tl.::.!. y t.te
terrnshondl tlons of.... thlSA9r:E!E!rn'l'ln.
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Page 2 of 4
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER ::?::.~.?J~.::.9.Q_._.
1. The following prOV1Slons constltute the limlt of actlvltles agreed
to and resolved by thlS Agreement. The signing of thlS Agreement does
not imply that the Operator 15 precluded from dOlng other actlvltles,
at the site. However, ctctlvltles not speclflcally agreed to and
resolved by this Agreement shall be SUbJect to separate notiflcatlon
pursuant to Fish and Game COde Sections 1600 et seq.
2. The operator shall construct the storm drain as descrlbed in
documents and plans submltted to the Department. ThIS a9r~ement does
not address the proposed detentlon basln and a seperate notificatlon
shall be submItted onGe a flnal deslgn has been completed.
3. Restoratlon shall Include the revegetatlon of strIpped or exposed
areas wlth vegetatlon natlve to the area.
4. All planting shall have a minimum of 80% survlval the first year
and 100% survlval thereafter and/or shall attain 75% cover after 3
years and 100% cover after 5 years for the llfe of the proJect. If the
Osurvival and cover r'equirements have not been met, the Operator 15
responSIble for replacement plantIng to achIeve these reqUIrements.
Replacement plants shall be monItored with the same survlval and growth
requirements for 5 years after plantIng.
5. All planting shall be done between October 1 and March 31 to take
advantage of the WInter rainy season.
6. 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 of plants replaced, an overview of the revegetation
effort, and the method used to assess these parameters shall also be
included. Photos from deSIgnated photo statlons shall be Included.
7. Prior to initlatlon of construction actlvltles, 3 plane palette
shall be submitted to the Department for approval.
8. Dlsturbance or removal of vegetation shall not exceed the lImIts
approved by the Department. The dlsturbed portJons of any stream
channel or lake margln wlthln the high water mark of the 5tream ur lake
shall be restored to theIr orlglnal condltlon under the dlrection of
the Department.
9. Restoration shall Include the revegetation of strl~ped cr ~vposeJ
c:Jareas with vegetatlon natIve to the area.
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Page 3 of 4
10. If a stream channel has been altered during the operations, its
low flow channel shall be returned as nearly as possible to pre-project
conditlons without creatlng a posslble future bank erOSlon problem, or
a flat wide channel or slulce-llke area. If a lake margln has been
altered, it shall be returned as nearly as posslble to pre-project
conditions without creatlng a future bank erOSlon problem. The
gradient of the streambed or Lake margin shall be returned to
pre-project grade unless such operatlon is part of a restoration
project, ln which case, the change in grade must be approved by the
Department prior to project commencement.
11. Structures and assoclated materials not designed ~o withstand high
seasonal flows shall be removed to areas above the hlgh water mark
before such flows occur.
12. Staglng /storage areas for equlpment and materlals shall be located
outside of the stream/lake.
13. The agreed work lncludes activities assoclated wlth NO.2 above. The
project area lS located near Palm Ave in San Bernardino County. Specific
work areas and mltigatlons measures are indicated or described on/in the
c::rlans and/or drawlngs and documents submitted by the Operator.
l~. No debris, SOlI, silt, sand, bark, slash, sawdust, rubblsh, cement 0
concrete or washlngs thereof, oil or petroleum prOducts or other organlc or
earthen materlal from any logging, constructlon, or assoclated activity of
whatever nature shall be allowed to enter into or placed where it may be
washed by ralnfall or runoff lnto. waters of the State. When operations art
completed, any excess materials or debrlS shall be removed from the work
area. No rubbish shall be deposlted withln 150 feet of the high water mark
of any stream or Lake.
L5. The Operator shall comply wlth all litter and pollution laws. All
contractors, subcontractors and employees Shall also obey tnese laws and lt
shall be the responsiblity of the operator to lnsure their compllance.
16. No equipment maintenance shall be done within or near any stream
channel or lake margln where petroleum prOducts or other pOllutants from th
equlpment may enter these areas under any flow.
L7. The Department reserves the right to enter the project slte at any tim
to ensure that there IS compllance with terms/condltlons of thlS Agreement.
L8. The Operator shall provide a copy of this Ag,'eement 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
~eriods of active work and must be presented to any Department personnel, C
\.Inforcement personnel from another agency upon demand.
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Page 4 of 4
19. The Operator shall not1fy 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.
Notlfication shall be sent to the Department at 330 Golden Shore, Suite 50,
Long Beach, CA 90802, Attn: Env1ronmental Services.
20. The Department reserves the r1ght to suspend and/or revoke th1S
Agreement if the Department determ1nes that the circumstances warrant. The
circumstances that could requ1re a reevaluat10n 1nclude, but are not lim1tec
to, the following:
a. Failure to comply w1th the terms/cond1tions of th1S Agreement.
b. The informat1on prov1ded by the Operator in support of the
Agreement/Notificat1on lS determlned by the Department to be
1ncomplete, or inaccurate.
c. When new informat1on becomes available to the Department
representatlve(s) that was not known when prepar1ng the or1g1nal
terms/cond1tions of th1S Agreement.
d. The project as descr1bed 1n the Notif1cation/Agreement has
changed, or cond1tions affect1ng f1Sh and wildl1fe resources change.
CONCURRENCE
C:;operator's name)
Cal1forn1a Department of
Fish and Game
(slgnature) (date)
~k...
(slgnature)
,={~cq
(date)
Director of Public
.C::.~~rJ::~c;~Ilee;['
(tHle)
Works/
A. s..?..o.9..1a..te 3 ~o 109.1 st..
(tHle)
Approved as to form
and legal content:
James F. Penman
City Attorney
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