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HomeMy WebLinkAbout15-Development Services o o o CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Resolution authorizing execution of a License and Agreement with Inland Empire Resources Conservation District for Encroachment into Chestnut Basin for removal of invasive plant species. Subject: Dept: Development Services Date: July 8, 2008 File Nos. MCC Date: August 4, 2008 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. Yd.LMiJ (;. ~ Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: Ext. 5203 Supporting data attached: Staff Report, Resolution & Agreement Ward: 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: Council Notes: Agenda Item No. /5: ?- tf_O 4' o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of a License and Agreement with Inland Empire Resources Conservation District for Encroachment into Chestnut Basin for removal of invasive plant species. Background: James Law, Field Ecologist for the Inland Empire Resources Conservation District (IERCD), has submitted a letter dated June 11, 2008 requesting permission to access the Chestnut Debris Basin for the purpose of removing several invasive plant species from the area. Resource Conservation Districts had their beginnings in the dust bowl of the 1930's during which they were established as Soil Conservation Services (SCS). The SCS's were later changed to Resource Conservation Districts, which address not only problems with dust and soil conservation, but address all natural resource issues, including air, water and soil. In California, Resource Conservation Districts are "special districts" organized under the State Public Resources Code, Division 9. All Resource Conservation Districts operate with a Board of Directors made up of elected or appointed volunteer landowners in that district. Resource Conservation Districts are mostly funded with grants and donations, although some receive limited funding through county property tax revenues. IERCD is proposing to eradicate several species of invasive plants including Arundo donax (giant reed), Ricinus Communis (castor bean), Ailanthus Altissima (tree of heaven), Tamarix Ramosissima (salt cedar) and Nicatiana Glauca (tree tobacco) from the Chestnut Debris Basin and surrounding areas. The following method will be used in the removal process: 1. Initially hand tools and power tools will be used to remove the plants. 2. Tractors with cutting attachments will shred the plant material. 3. Shredded mulch will either be hauled off-site to a dumping facility or left on-site to dry and used as ground cover to maintain soil in!egrity along waterways where invasives were removed. 4. After initial removal, a salt-based herbicide 'will be applied to any regrowth of invasives spotted in the project area to help ensure that re-infestation does not occur. The initial removal of invasive plants is scheduled to begin in September of 2008 and be completed by March 2009. The site will be monitored between 3 and 7 years depending on the amount ofre-growth encountered. Re-growth will be sprayed with a herbicide. Growth of invasive species in drainage courses has been a serious maintenance problem for the City and the Flood Control District. These plants propagate rapidly and are costly to remove. Frequent removal of these invasive species is necessary to keep channels clear and capable of conveying flood flows. Therefore, this work is beneficial to the City and will reduce the cost that would normally be incurred removing the invasive species with our own forces. 2 07/15/200812:49 PM i' o o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued The Resource Conservation District will accomplish the work by Contractor. Under terms of the Agreement, the District's Contractor will be required to obtain a Public Works Construction Permit prior to starting work on the City's property. The Contractor will also be required to obtain a City Business Registration Certificate and post insurance in the amounts required by the Agreement naming the City as additional insured on the Policy. The Contractor will be required to comply with the City's National Pollutant Discharge Elimination System (NPDES) Ordinance. The Licensee, its Contractor and subcontractors will be required to comply with the City's noise ordinance. No work will be allowed on holidays or weekends without specific approval of the Director of Development Services. There will be no direct cost to the City for this work. However, it is anticipated that some inspection oversight by the City will be necessary during the initial removal phase and later during the monitoring phase. Since the project will benefit the City and reduce the future cost of maintaining Chestnut Debris Basin and the inlet channel, staff recommends that the fee normally collected for the Public Works Construction Permit be waived for this project. The License and Agreement provides that the applicant shall pay an annual encroachment fee to the City of $150 per year and that the applicant shall maintain the area in good condition at all times while the License and Agreement is in effect. Also, a one-time fee of $625.00 to cover initial administrative processing costs must be paid prior to approval of the License and Agreement. Financial Impact: None. Recommendation: Adopt resolution. Attachments: Vicinity Map 3 071151200812;49 PM ~"j ---c CHESTNUT DEBRIS BASIN Highlo.nd Ave. Bo.se Line St. ~ o o E ~ ~ ~ ~ ~ .. C;; 0 Mill St. Orlln Show > ~ ~ o c o u ~ Q. Q. i= 5th St. "' . ~ VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION CHESTNUT DEBRIS BASIN ~ indico. tes un-incorporo. ted ~ o.reo.s within City's Sphere of Influence Created by: L. Fogassy Date: 7/14/08 RESOLUTION NO. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A LICENSE AND AGREEMENT WITH INLAND 3 EMPIRE RESOURCES CONSERVATION DISTRICT FOR ACCESS TO CHESTNUT 4 DEBRIS BASIN. 5 BE IT RESOLVED BY TIIE MAYOR AND COMMON COUNCIL OF TIIE 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. That the City Manager is hereby authorized to execute on behalf of the City the License and Agreement between the City of San Bernardino the Inland Empire Resources Conservation District, a copy of which is attached hereto and incorporated herein as Exhibit "A". SECTION 2. The authorization to execute the above referenced license and agreement is rescinded if the parties fail to execute it within sixty (60) days of the passage of this Resolution. //1 /1/ */e; () g - 01./ -o'is' August 29, 200S 3 4 5 6 held on the 7 8 9 10 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof day of Council Members: ESTRADA BAXTER 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRINKER DERRY KELLEY JOHNSON MCCAMMACK , 2008, by the following vote, to wit: AYES NA YES ABSENT ABSTAIN City Clerk The foregoing resolution is hereby approved this day of ,2008. Approved as to form: JAMES F. PENMAN City Attorney August 29. 2005 Patrick J. Morris, Mayor City of San Bernardino 2 EXHIBIT "A" LICENSE AND AGREEMENT THIS LICENSE AND AGREEMENT is made and entered into this day of , 2008, by and between INLAND EMPIRE RESOURCE CONSERVATION DISTRICT, a Special District established under the State Public Resources Code, Division 9, hereinafter referred to as "Licensee," and the CITY OF SAN BERNARDINO, a municipal corporation hereafter referred to as "City." WITNESSETH: For and in consideration of the mutual promises and covenants herein contained, the parties hereby agree as follows: 1. City gives permission, removable and terminable as hereinafter provided, to Licensee to encroach upon and access property owned by City commonly referred to as Chestnut Debris Basin and more precisely designated as Assessor Parcel Nos. 0348- 121-26 and 0348-121-29 for the purpose of removing invasive plant species as described in letter dated June 11,2008 from Licensee (Attachment "I") attached and made a part hereof, and subject to any requirements or conditions as may be imposed by the Director of Development Services of City. 2. Unless terminated earlier as provided herein, the term of this License and Agreement shall be seven (7) years. 3. Prior to start of removal of invasive plant material, Licensee or its Contractor shall obtain a "No-Fee" Public Works Construction Permit from the Public Works Division of the Development Services Department and comply with all conditions contained therein. lof7 EXHIBIT "A" 4. Licensee, its Contractor and/or subcontractors shall be aware that the nearby residential areas are sensitive noise receptors and operations shall be conducted with due regard for that sensitivity. The City's noise ordinance limits construction to the hours of 7:00 AM and 10:00 PM. Unless approved by the Director of Development Services, no work shall be permitted on holidays or weekends. 5. Licensee, its Contractor and any subcontractors shall at all times, during working hours and after-hours, maintain compliance with the City's National Pollutant Discharge Elimination System (NPDES) Ordinance, San Bernardino Municipal Code Chapter 8.80. Failure to maintain compliance may result in fines and penalties against Licensee, its Contractor and/or any subcontractor found in violation of said Ordinance. 6. The Licensee shall insure that all Contractors and subcontractors, prior to beginning work on this project, first obtain a City Business Registration Certificate from the City Clerk of the City. 7. This permission is given to Licensee as an accommodation to Licensee and shall be subject to the payment of an annual license maintenance fee of $150.00. The first payment shall be due upon execution of this License and Agreement. Subsequent payments shall come due on the first day of August of each subsequent year. 8. Licensee hereby acknowledges the title and paramount interest of City to Chestnut Debris Basin and agrees never to assail or resist said title or interest and to observe present or future set-back requirements relating thereto while this Agreement is in force and effect. 9. City and Licensee each reserves the right to terminate this License and Agreement at any time for any reason by giving Licensee at least thirty (30) days written notice of such termination, except that City may, at its election, terminate said permission 20f7 EXlllBIT "A" forthwith at any time if Licensee shall fail to comply with any of the provisions of this Agreement. Waiver by the City of any breach of any term or provision herein shall not be deemed a waiver of any subsequent breach of the same or any other term or provision of this Agreement. 10. Licensee agrees to install, use and maintain said encroachment as required by this Agreement. Said encroachment shall be maintained at all times in a safe, neat, sightly and good physical condition. City shall be the sole judge of the quality of maintenance, and upon written notice by City, through its Director of Development Services, stating in general terms how and in what manner the maintenance is required, Licensee shall be required to perform such required maintenance. If Licensee fails to do so, then City shall have the right to perform this maintenance, the cost of which shall be borne by Licensee, or alternatively, City may, at its election, terminate this Agreement. Licensee further agrees to install, use and maintain said encroachment in conformity with all applicable Federal, State, and local laws, rules and regulations, including, but not limited to, all permits and requirements of the United States Army Corps of Engineers, United States Fish and Wildlife Service, and the California Department of Fish and Game. Licensee shall, at its own responsibility and expense, obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of said encroachment. 11. Upon termination of this Agreement, Licensee agrees to immediately remove any encroachment from the debris basin and to restore it to the satisfaction of the Director of Development Services. If Licensee fails to exercise its duties under this paragraph, City shall have the right to remove said encroachment and to restore the 3of7 EXHIBIT "A" premises at no cost or liability to the City. Licensee covenants and agrees to reimburse City for such cost of removal and/or restoration. 12. City shall in no way be responsible for any loss or damage caused by said encroachment or for any property belonging to or leased by Licensee, its officers, servants, agents or employees, that may be stolen, destroyed or in any way damaged during the installation, use or maintenance of said encroachment. 13. Licensee shall exercise its privileges under this license at its own risk. Licensee shall indemnify, defend and hold harmless City, its elective and appointive boards, commissions, officers, agents and employees from any costs, claims, damages, injuries, and liability resulting from, arising out of, or in any way connected with, the City's approval of this License and Agreement, or the use or maintenance of said encroachment, the occupation or use of the public areas of said encroachment, both during and after the installation thereof, and including but not limited to any costs, claims, damages, injuries, and liability resulting from the conduct of Licensee or the employees, invitees, guests or agents of Licensee related to said encroachment. 14. The Licensee's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications for Public Works Construction, 2006 Edition, providing that the Licensee or its Contractor, prior to beginning work on the property, shall furnish the City with policies or certificates of liability insurance. AD of the Insurance Policies shaD name the City of San Bernardino as an additionally insured. The endorsement shall be provided by the agent of the insurance company and shall be notarized to that affect. ACCORD Forms are not acceptable nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. During the entire term of this Agreement, Licensee shall maintain minimum limits of insurance no less than: 4of7 EXHIBIT "A" A) General Liability: $1,000,000.00 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location. B) Products/Completed Operations: $1,000,000.00 per occurrence and $2,000,000.00 aggregate. C) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage. D) Employer's Liability: $1,000,000.00 per accident for bodily injury or illness. E) The Licensee's attention is directed to Section 7-4, "Worker's Compensation Insurance", of Standard Specifications for Public Works Construction, 2006 Edition, providing that the Licensee shall file a signed certification Certificate of Worker's Compensation Insurance before start of work under the terms of this Agreement. F) The above-referenced Insurance Policies shall remain in effect during the entire term of this Agreement, and shall not be materially altered or canceled until after Licensee has provided thirty (30) days written notice to the City. 15. This license is personal to Licensee. It is nonassignable, except with the prior written consent of the City, and any attempt to assign this license without such consent will terminate the license privileges granted to Licensee under this Agreement. The City shall not unreasonably withhold consent. A reorganization of the Licensee's bnsiness entity form, or a transfer of less than one-half of the assets of Licensee, shall not be deemed an assignment for the purposes of this license if the resulting or successor 5of7 EXHIBIT "A" entity shall as a matter of law be liable for Licensee's accrued and future obligations under this Agreement. Licensee shall be entitled to transfer this license to a purchaser of more than one-half of Licensee's interest provided that the purchaser shall be bound by Licensee's accrued and future obligations under this License. 16. Licensee agrees that should any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, or by Licensee's operations on the premises, venue for that action shall lie in San Bernardino County, California. 17. Licensee hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin, disability, or any other category prohibited by law. Licensee's hiring practices and employee policies shall comply with all applicable Federal, State and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. 18. The prevailing party in any legal action to enforce or interpret any provision(s) of this Agreement shall be entitled to recover from the losing party all attorney's fees, court costs and necessary disbursements in connection with that action. The costs, salary and expenses of the City Attorney and members of his office in connection with that action, shall be considered as attorney's fees for the purposes of this Agreement. III III 6of7 EXlllBIT "A" LICENSE AND AGREEMENT for encroachment into Chestnut Debris Basin to remove invasive plant species. 19. All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Licensee and City: Licensee City Mr. James Law, Field Ecologist Inland Empire Resource Conservation District 26864-K Business Center Dr. Redlands, CA 92374 Ph. (909) 799-7407 Fax. (909) 799-1438 Ms. Valerie C. Ross, Director Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Ph: (909) 384-5357 Fax: (909) 384-5155 IN WITNESS, the parties have executed this Agreement on date first written above. CITY OF SAN BERNARDINO INLAND EMPIRE RESOURCE CONSERVATION DISTRICT Fred Wilson, City Manager Authorized Signature Printed Name and Title Approved as to form: James F. Penman City Attorney By 70f7 ,~J' ~@~.~.U~~ent"l" j!J, J ~ 20iJ8 909.799.74071 PHONE CITY OF SAN BERNARDINO 909.799.1438 FAX DEVELOPMENT SERVICES 25*J'.-RR8l'fs~~Jss Center Drive, Redlands, CA 92374 L-€<J INLAND EMPIRE RESOURCE CONSERVATION OISTRICT www.iercd.org June 11th, 2008 To Whom It May Concern, The Inland Empire Resource Conservation District ("the District") has the desire to remove invasive exotic plants on or near the property of the city of San Bernardino ("the City"). We are requesting an access permit for the sole purpose of removing and eradicating these invasive species from your properties. The parcel numbers assigned to the areas slated for removal efforts are 034812126000 and 034812U1. Their respective assessor property descriptions include the following: .21 SW 1/4 SEC 36 TP 2N R 5W PTN W 295 FT OF E 835 FT SD 835 FT MEASURED AT RIA FROM E 11 SD SW 1/4 SD PTN DESC COM SE COR SD W 295 FT TII N 01 DEG 51 MIN 37 SECONDS E ALG E 11 SD W 295 FT 1107.61 FT TO TRUE POB TH CONT N 01 DEG 51 MIN 37 SECONDS E 406.35 FT TII S 61 DEG 51 MIN 37 SECONDS W 104.86 FT TII S 10 DEG 51 MIN 37 SECONDS W 263.11 FT TH S 43 DEG 08 MIN 23 SECONDS E 128.43 FT TO TRUE POB & COM AT SE COR SW 1/4 SEC 36 TP 2N R 5W TII W 540 FT TH N TO N Ll SW 1/4 SEC 36 TH E 540 FT TH S TO POB 32.7 AC. We plan to begin the removal on September 15\ 2008 and expect to have it completed by March 15th, 2009. We will need continual access for at least three years to monitor the treated areas, during which time any re-growth will be sprayed with a salt-based herbicide. The District recognizes that all maintenance operations of the City's basin will take precedence over our removal project and will adjust our work schedules .accordingly. Work will be conducted between Monday and Saturday, between sunrise and sunset. If you need additional insurance to be added please inform us and it will be drafted. Thank you for your help in this matter, Cordially, ~n~~~t" ~:s ~aw <- Field Ecologist Inland Empire Resource Conservation District Office: (909)7997407 ext 108 Cell: (949)683-0195 Attachment "1" ProDOsed Work Plan · Proiect Focus: The project will focus on the removal of invasives including Arundo donax (giant reed), Ricinus communis (castor bean), Ailanthus altissima (tree of heaven), Tamarix ramosissima (salt cedar) and Nicotiana glauca (tree tobacco) · Location: The targeted invasives are currently located on parcel numbers I!! 0348121~ and 034812126. . Methodolol!v: The Inland Empire Resource Conservation District ("the District") will use the following methods to remove the invasives from the project areas: o Step 1: Initial removal of plants with hand tools and power tools. o Step 2: Tractors with cutting attachments shred the plant material o Step 3: Mulch hauled off-site to a dumping facility or shredded on-site and left to dry. Dried mulch will be used to maintain soil integrity along waterways where invasives have been removed. o Step 4: Upon completion of initial removal, a salt-based herbicide will be applied to any re-growth of invasives spotted in the project area to help ensure that re-infestation does not occur · Timeline: The invasive species removal is slated to begin in September of 2008 and completed before March 2009. . Monitorinl!: The site will be monitored between three and seven years, depending on the amount of re-growth encountered. . Necessarv Eauivment: o Power tools, hand tools, tractors with cutting attachments, and other equipment as needed. o GPS unit will be utilized to map all infestations, and is used in conjunction with a camera to establish photo points; quarterly photos will demonstrate the difference in the appearance of the project area as a result of the cutting . Measurable Success: The goal of all District removal projects is <I % invasives remaining on-site at the end of the project. ~ . 'l:. . . r ~ N o o . "n.. >- "".. "".. .... CD .. . "," ~ ..." :::1."",- ~ CD'" ~."s::: """ 0....... . n 0- e'" " - -c ~g- ~- gc ~~ . @ Attachment "1" . Will \!!J @ -----------4~----------~_ lulAC. . . !@ == I I CHESTNUT DEBRIS BASIN :@ I I I @ 1.1.6. .... @ .IAC. '" @ 1 IN. 1.5'. T.IM.,I.51. @ @ " :;@ '.lAC. " 1.35..tC. -- ~ .. .. .. 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