HomeMy WebLinkAbout24 Development ServicesCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director Subject:
Dept: p
Development Services ORIGINAL
Date: November 10, 1998 File No.:
MCC Date
Synopsis of Previous Council Action:
Authorization to execute Streambed Alteration
Agreement with the State Department of Fish and
Game for seismic retrofit of various bridges.
1.7094 -2, 3, 4, 7, 8, and 14
November 16, 1998
November 1996 Approved Federal Aid Agreement NO. STPLZ- 5033(012) for the Seismic
Retrofit of 16 Bridges in the City of San Bernardino.
Recommended Motion:
Approve the attached Streambed Alteration Agreement No. 5- 420 -98 and authorize the Director of Development
Services to execute said agreement on behalf of the City.
Michael E. ays
Contact person: Michael Grubbs Phone: 384 -5179
Supporting data attached: Staff Report Agreement List of bridges Reso. Ward(s): 1 3 & 6
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No) N/A
(Acct Description)
Council Notes:
Agenda Item No. —
041F
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Authorization to execute Streambed Alteration Agreement with the State Department of Fish and
Game for seismic retrofit of various bridges.
BACKGROUND:
Pursuant to Section 1601 of the California Fish and Game Code, the City is required to enter
into a Streambed Alteration Agreement with the California Department of Fish and Game
(CDFG) stipulating the conditions under which a 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 Agreement
for work within Lytle Creek, Santa Ana River, and Twin Warm Creek, in connection with the
seismic retrofit of bridges over those channels. The conditions contained in this agreement are
acceptable to staff and will be incorporated in the project plans and specifications prior to
advertising for bids.
FINANCIAL IMPACT:
There is no financial impact to the City.
RECOMMENDATION:
Staff recommends that the attached Streambed Alteration Agreement No. 5- 420 -98 be approved
and the Director of Development Services be authorized to execute the agreement on behalf of
the City.
Attachments: 1. Streambed Alteration Agreement No. 5- 420 -98
2. List of Bridges
1
2
3
4
51 6
9:I
9
10
11
12
13
141
15
ire]
17
18
19
20
21
22
23
24
25
26
27
4
Q01PV
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES
TO EXECUTE A STREAMBED ALTERATION AGREEMENT WITH THE STATE
DEPARTMENT OF FISH AND GAME RELATING TO SEISMIC RETROFIT OF
VARIOUS BRIDGES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Director of Development Services of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City a Streambed Alteration
Agreement with the State Department of Fish and Game relating to the Seismic Retrofit of
Various Bridges, a copy of which is attached hereto, marked Attachment 1 and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. The Streambed Alteration Agreement shall not take effect until fully
signed and executed by all parties. The City shall not be obligated hereunder unless and until
the Streambed Alteration Agreement is fully executed and no oral agreement relating thereto
shall be implied or authorized.
SECTION 3. The authorization to execute the above- referenced Agreement is rescinded
if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
Resolution.
1
2
3
4
5
6
7
8
9
10
11
121
13
14
t
15
16
17
18
19
20
21
22
23
24
25
26
4 27
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RESOLUTION... AUTHORIZING THE DIRECTOR OF DEVELOPMENT
SERVICES TO EXECUTE A STREAMBED ALTERATION AGREEMENT WITH THE
STATE DEPARTMENT OF FISH AND GAME RELATING TO SEISMIC RETROFIT OF
VARIOUS BRIDGES.
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, held on the _day
of , 1998, by the following vote, to wit:
Council Members:
ESTRADA
LIEN
(VACANT)
SCHNETZ
DEVLIN
ANDERSON
MILLER
AYES NAYS ABSTAIN ABSENT
City Clerk
The foregoing ordinance is hereby approved this
of , 1998.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
A
By: '
Judith Valles, Mayor
City of San Bernardino
day
98 -325
STATE OF CALIFORNIA -THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF FISH AND GAME
330 Golden Shore, Suite 50
Long Beach, California 90802
(562) 590 -5137
AGREEMENT REGARDING PROPOSED ACTIVITIES SUBJECT TO
CALIFORNIA FISH AND GAME CODE SECTION 1601
NOTIFICATION NUMBER: 5 -420 -9
THIS AGREEMENT, entered into between the State of California, Department of Fish and
Game, hereinafter called the Department, and Michael Hays of City of San Bernardino, 300 North "D"
Street, San Bernardino, 92418, 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
24th day of September, 1998, 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) /lake of,
the following water(s): Santa Ana River, Lytle Creek, and Twin Warm Creek; tributary to the Santa
Ana River in San Bernardino County; located within Section 37,10,16,14 & 20, Township 1 N/1 S,
Range 4W, USGS Map San Bernardino South.
WHEREAS, the Department (represented by Rebecca Jones) has determined that such
operations may substantially adversely affect existing fish and wildlife resources including: those
songbirds, raptors, other birds, mammals, reptiles, amphibians„ plants, and other aquatic resources
and wildlife in and their associated areas affected by the proposed project in this agreement.
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 AGREEMENT BECOMES EFFECTIVE ON DATE OF DEPARTMENT'S
SIGNATURE AND TERMINATES ON DECEMBER 31, 1999 for the proposed
projects only. This agreement shall remain in effect for that time necessary to satisfy the
terms and /or conditions of this agreement.
98 -325
Page 2 of 4
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION No. 5- 420 -98:
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 § 1600.
2. The Operator proposes to alter the streambed to install pier retrofits. On the Santa Ana River
bridge retorfitting will be at piers 1, 10 and 1 5b installing a concrete catcher with shear key and pier
wall extending, along with continuity steel plate installation, will be done on pieirs 2 through 9 and
11 through 14. On Lytle Creek bridge at Baseline Road, piers 2, 3, and 4 will be retrofitted by the
addition of pipe seat extenders which will be installed just below the road level and above the water
level. On Lytle Creek bridge at "G" Street, retrofitting will consist of transverse shear elements on the
existing channel walls as well as anchor slabs attached to abutments 1 and 3. On Twin Warm Creek
bridge at Ninth Street, retrofitting will consist of shear key installations at each pier and abutment. On
twin warm creek at Mill Street bridge, work will consist of inputting abutments transverse shear keys
on the existing channel walls south of the centerline and north of the center line. On Twin Warm
Creek at Central Avenue, work will consist of abutment retrofits on pier 1 and 5 by adding catcher
blocks and retorfits on piers 2, 3, and 4 through the addition of continuity steel plates.
3. The agreed work includes activities associated with No. 2 above. The project area is located
within 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 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 2
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.
6. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired.
7. Equipment shall not be operated in wetted areas (including but not limited to ponded, flowing, or
wetland areas) except as provided for in condition S.
8. 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
98 -325
Page 3 of 4
5- 420 -98
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 downstream in an upstream direction.
9. An area shall be flagged to identify the limits of the agreed work area within the stream, not to
exceed 50 feet upstream or 50 feet downstream from the centerline of the bridge.
10. For the Lytle Creek bridge at Base Line Road, the Operator shall have a qualified biologist survey
the proposed work area to verify the presence or absence of the Santa Ana woolly -star (Eriastrum
densfolium sop. sanctorum) and the slender- horned spineflower (Dodecahema leotoceras). The results
of these surveys shall be provided to the Department, along with copies of all field notes, prior to the
initiation of work. If the Santa Ana woolly -star or slender- horned spineflower are found in the
proposed work area, or is in a location which could be impacted by the work proposed, the Operator
shall submit a plan to the Department for review and approval to ensure this species is protected. If
the work requires that the species be disturbed or otherwise impacted, the Operator shall obtain the
appropriate state and /or federal endangered species permits.
11. This agreement does not authorize the "take" of any listed species.
12. Staging /storage areas for equipment and materials shall be located outside of the stream /lake.
13. Access to the worksite shall be via existing roads and access ramps.
14. Spoil sites shall not be placed where spoil can be washed back into the stream.
15. Any equipment or vehicles driven and /or operated within or adjacent to the stream shall be
checked and maintained daily, to prevent leaks of materials that if introduced to water could be
deleterious to aquatic life.
16. No debris, soil, silt, sand bark, slash, sawdust, rubbish, cement or concrete or washings thereof,
oil or petroleum products or other organic or earthen material from any maintenance, construction, or
associated activity of whatever nature shall be allowed to enter into or be 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.
17. The Operator shall provide a copy of this Agreement 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 periods of active work and must be presented to any Department personnel, or personnel
from another agency upon demand.
18. 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. The clean -up of all pollution spills shall begin immediately. The Operator shall notify the
Department immediately of any spills and shall consult with the Department regarding clean -up
procedures and requirements.
19. The Operator, contractors, subcontractors or any of the individuals mentioned above are jointly
and severely liable for compliance with the provisions of this agreement. Any violation of the
provisions of this agreement shall cause to cancel this agreement, and all activity shall stop
98 -325
Page 4 of 4
5- 420 -98
immediately and shall not proceed until the Department has taken all of its legal actions and /or another
agreement is made.
20.The Department reserves the right to enter the project site at any time to ensure compliance with
the terms and conditions of this agreement. Copies of this agreement shall be readily available at
work sites at all times during periods of active work and must be presented to any Department
personnel upon demand.
21. 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: Department of Fish and Game, Environmental Services
Division, 330 Golden Shore, Suite 50, Long Beach, California 90802.
22. The Department reserves the right to suspend or cancel this agreement for other reasons,
including but fiot limited to, the following:
a. The Department determines that the information provided by the Operator in
support of the Notification /Agreement is incomplete or inaccurate;
b. The Department obtains new information that was not known to it in preparing the
terms and conditions of the agreement;
C. The project or project activities as described in the Notification /Agreement have
changed; and
d. The conditions of or affecting fish and wildlife resources change or the Department
determines that project activities will result in an adverse effect on the
environment.
CONCURRENCE
(Operator's name) California Dept. of Fish and Game
(signature) (date)
(title)
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
(signature) (date)
Rebecca Jones
Environmental Specialist III
(title)
By
(signature) (date)
Rebecca Jones
Environmental Specialist III
(title)
98 -325
ATTACHMENT
LIST OF BRIDGES COVERED BY STREAMBED ALTERATION AGREEMENT NO. 5- 420 -98
FILE NO.
STREET
CHANNEL
BRIDGE NO.
THOMAS BROS
WARD
1.7094 -3
Base Line St
Lytle Creek
54C -0158
576 -B6
6
1.7094 -14
G Street
Lytle Creek
54C -0359
606 -G3
3
1.7094 -4
Waterman Ave
Santa Ana River
54C -0015
606 -J5
1 &3
1.7094 -7
Ninth Street
Twin Warm Ck.
54C -0364
577 -A6
1
1.7094 -8
Mill Street
Twin Warm Ck.
54C -0363
606 -J3
1 &3
1.7094 -2
Central Avenue
Twin Warm Ck.
54C -0538
606 -1-13
3
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: November 18, 1998
TO: Mike Grubbs, Senior Civil Engineer
FROM: Rachel Clark, City Clerk by Melanie Miller, Senior Secretary
RE: Transmittal for signature — Res 98 -325 Documents
Attached are the following:
Original and duplicate original agreements with the State Department of Fish and Game relating to
seismic retrofit of various bridges.
Please obtain signatures where indicated on all copies.
Please return the executed original to the City Clerk's office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60)
days — January 15, 1999.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
SlG
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
RC:mam
CITY' OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Rachel Clark, City Clerk '98 77 _3 Ali :31
FROM: Michael E. Hays, Director of Development Services
SUBJECT: Seismic Retro -fit of Bridges — Transmittal of fully executed agreement with
State Department of Fish and Game
DATE: December 2, 1998
FILE: 1.7094- 2,3,4,7,8 & 14
Transmitted enclosed is the fully executed original of Streambed Alteration Agreement
No. 5- 420 -98 relating to the seismic retro -fit of bridges within the City of San Bernardino.
This agreement has been executed in accordance with the requirements of Resolution
98 -325 which was approved by the City Council on November 16, 1998.
If you have any questions regarding this matter, please contact the undersigned at 909-
384 -5179.
Michael W. Grubbs
Senior Civil Engineer
enc