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AGENI3A REPORT — ^"7 -7"' –'
CITY OF MO�RPARK _
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TO: The Honorable City Council r l'% a p
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: February 23, 1998 (CC Meeting: 3 -4 -98)
SUBJECT: Approval of Agreement Regarding Proposed Stream Alteration, Between the
City and the California Department of Fish & Game, Relative to the
Reconstruction of the Spring Road Bridge
Background
Fund
On January 7, 1998, the City Council approved the plans and specifications for the subject
project and authorized staff to advertise for bids. As stated in the staff report for that action,
the project was to be advertised for receipt of bid upon receipt of permits from certain regulatory
agencies and upon Caltrans final approval of the Federal HBRR grant.
Discussion
A. Grant
Staff has been working with Caltrans over the past several weeks on efforts required to
obtain final grant approval. Staff was recently advised that this project was one selected
by Caltrans Headquarters to be audited. For this and other reasons approval has been
delayed. It is anticipated that the City will receive approval in early March.
B. Other Permits
1. VCFCD: The City has already been issued an Encroachment Permit from the Ventura
County Flood Control District (VCFCD) for the construction of the project.
2. U. S. Army Corp of Engineers: The Consultant retained by the City is still working
to complete the prerequisites for the issuance of a permit from this agency. When
received, a copy of this permit will be provided to the City Council in order that the
City Council is kept fully aware of all of the project requirements and costs.
3. State Regional Water Quality Control Board: The Consultant retained by the City
is still working to complete the prerequisites for the issuance of a permit from this
agency. When received, a copy of this permit will be provided to the City Council
in order that the City Council is kept fully aware of all of the project requirements and
costs.
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Spring Road Bridge: Permits
March 4, 1998
Page 2
C. State Department of Fish & Game
Attached is a copy of the Stream Alteration Agreement between the City and the California
Department of Fish and Game, relating to the Spring Road Bridge reconstruction project.
This agreement imposes a number of requirements upon the City and/or its contractor(s),
which must be met and /or implemented as a part of or subsequent to the construction of
the project.
RECOMMENDATION
Staff recommends that City Council approve the subject agreement and authorize the Director
of Public Works to sign and return said agreement to the California Department of Fish and
Game.
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0001 Y 3
CALIFORNIA DEPARTMENT OF FISH AND GAME
330 Golden Shore, Suite 50
Long Beach, California 90802
Notification No. 5- 052- 98.sa1
Page 1 of 7 February 13, 1998
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 Kenneth Gilbert. the City of Moorpark, located at 799 Moorpark Avenue, Mooroark.
93021, 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 15th day of
January, 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) of, the following water(s): Arroyo Simi tributary to
Calleguas Creek, in Ventura County, California, Section 22, Township none given, Range none given. USGS
Quadrangle: Simi Valley West.
WHEREAS, the Department (represented by Greg Walls via a site visit on 11/6/97 and review of pertinent
documents) has determined that such operations may substantially adversely affect existing fish and wildlife
resources including: fishes (arroyo chub), amphibians, reptiles (two striped garter snake), songbirds, red winged
blackbird, herons, egrets, raptors. mammals (opossum, coyote) and other aquatic and wildlife resources in the
area including mostly exotic vegetation and some cattails, willows and associated understory. Impacts caused by
replacing the bridge and working in the stream could include damage to cover and foraging sites for the above
species that use the site at least transitionally, plus the incidental take of these species even though the stream is
in a very disturbed state (grouted rock rip rap sides and sparse, mostly nonnative, upper bank vegetation, and
some native vegetation including cattails, mulefat and willows less than six feet high). Work in the stream could
also result in spills of oil, gasoline, or concrete or increased turbidity and /or sediment that could harm downstream
resources. The proposed drop structure will make it more difficult for animals to migrate upstream. The
expansion of the width of the bridge will reduce the amount of light falling on the site and reduce the ability of
aquatic plants from growing at the site.
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, 5901, 5931, 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 February 1. 2000 for project
construction only. This Agreement shall remain in effect for that time necessary to satisfy the terms /conditions of
this Agreement.
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Page 2 of 7 February 13, 1998
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 052- 98.sal
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 M alter the streambed to replace the bridge at Spring Road with one that is =2teet
wider. Approximately
0.10 acre of channel bottom that supports riparian habitat will be permanently impacted by this project. Heavy
equipment will be operated in the arroyo and a diversion will be necessary to route water around the project
site.
3. The agreed work includes activities associated with No. 2 above. The project area is located in the
Arroyo Simi at Spring Road south of Los Angeles Street, in the City of Moorpark in Ventura County.
Specific work areas and mitigation measures are described on /in the plans numbered Figure 2 and the
Biological Assessment revised in the fall of 1997 by the staff of Tom Dodson & Associates, 7 pages,
photographs 1 through 4 depicting the site and notification number 5- 052 -98 submitted by the Operator and
shall be implemented as proposed, unless directed differently by this agreement. Contact Kenneth Gilbert at
Phone: (805) 529 -6864 or Lisa Kegarice at (909) 882 -3612 for additional information.
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 are a violation of Fish and Game Code Section 1600 et. seq. The
Operator may request a maximum of two extension(s) 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 within the high water mark of the stream shall be restored to their
original condition under the direction of the Department, except as otherwise specified by this agreement.
6. The Operator shall specify on the final project plans the limits of the work area within the banks of the
steam (including areas of permanent disturbance such as rip -rap, grade stabilizers, etc. -both existing and
new) and temporary disturbances (work areas, access roads) and shall provide to the Department a final
approved copy of said plans with said areas highlighted.
7. The work area shall be flagged to identify its limits within the stream courses as specified in the final plans
provided to the Department. Vegetation shall not be removed or intentionally damaged beyond these limits.
8. No vegetation with a diameter at breast height (DBH) in excess of three inches shall be removed or
damaged without prior consultation and approval of a Department representative.
9. Vegetation removed from the stream shall not be stockpiled in the stream bed or on its bank. The sites
selected on which to push this material out of the stream should be selected in compliance with the other
provisions of this Agreement. Where possible brush piles shall be left to provide wildlife habitat.
10. No living native vegetation shall be removed from the channel, bed, or banks of the stream, except as
otherwise provided for in this agreement.
11. The Operator shall submit a water diversion plan to the Department for review prior to construction.
12. Staging /storage areas for equipment and materials shall be located outside of the stream /lake.
13. Vehicles shall not be driven or equipment operated in water covered portions of a stream or lake, or
where wetland vegetation, riparian vegetation, or aquatic organisms may be destroyed, except as otherwise
provided for in the Agreement and as necessary to complete authorized work.
Page 3 of 7 February 13, 1998
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 052- 98.sal
14. Access to the worksite shall be via existing roads and access ramps.
15. Fill length, width, and height dimensions shall not exceed those of the original installation or the original
naturally occurring topography, contour, and elevation. Fill shall be limited to the minimal amount necessary
to accomplish the agreed activities. Except as otherwise specified in this Agreement, fill construction materials
other than on -site alluvium, shall consist of clean silt -free gravel or river rock.
16 Spoil storage sites shall not be located within a stream /lake, where spoil can be washed back into a
stream /lake, or where it will cover aquatic or riparian vegetation.
17. Necessary stream diversions shall be constructed so as not to change the velocity, depth, temperature, or
the level of dissolved oxygen of the flowing water as compared to the water immediately upstream from the
project site.
18. Installation of bridges, culverts, or other structures shall be such that water flow (velocity and low flow
channel width) is not impaired. Bottoms of temporary or permanent culverts shall be placed below stream
channel grade or in a manner not to cause slope erosion.
19. Any temporary dam or other artificial obstruction constructed shall only be built from materials such as
clean gravel which will cause little or no siltation, and shall be approved by the Department prior to
construction.
20. Storm drains lines /culverts shall be adequately sized to carry peak storm flows for the drainage to one
outfall structure. The storm drain lines /culverts and the outfall structure shall be properly aligned within the
stream and otherwise engineered, installed and maintained, to assure resistance to washout, and to erosion of
the stream bed, stream banks and /or fill. Water velocity shall be dissipated at the outfall, to reduce erosion.
21. Structures and associated materials not designed to withstand high water flows shall be moved to areas
above high water before such flows occur.
22. Any construction materials placed in seasonally dry portions of a stream or lake that could be washed
downstream or could be deleterious to aquatic life shall be removed from the project site prior to inundation by
high flows.
23. 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 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.
24. 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 insure compliance.
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. 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.
28. 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.
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Page 4 of 7 February 13. 1998
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 052- 98.sal
29. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum
products, or any other substances which could be hazardous to aquatic life, resulting from project related
activities, shall be prevented from contaminating the soil and/or entering the waters of the state. Any of these
materials, placed within or where they may enter a stream or lake, by the Operator or any party working under
contract, or with the permission of the Operator, shall be removed immediately.
30. Precautions to minimize turbidity/siltation shall be taken into account during project planning and
implementation. This may require that the work site be isolated and that water be diverted around the work area
by means of a barrier, temporary culvert, new channel, or other means approved by the Department. Precautions
may also include placement of silt fencing, hay bales, sand bags, and /or 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 original project description, or Department
approved water pollution /water diversion plan shall be coordinated with the Department. Coordination shall
include the negotiation of additional Agreement provisions.
31. Flow diversions shall be done in a manner that shall prevent pollution and /or siltation and which shall provide
flows to downstream reaches. Flows to downstream reaches shall be provided during all times that the natural
flow would have supported aquatic life. Said flows shall be sufficient quality and quantity, and of appropriate
temperature to support fish and other aquatic life both above and below the diversion. Normal flows shall be
restored to the affected stream immediately upon completion of work at that location.
32. Silty/turbid water from dewatering or other activities, shall not be discharged into the stream. Such water shall
be settled, filtered, or otherwise treated prior to discharge. The Operator's ability to minimize turbidity /siltation
shall be the subject of pre- construction planning and feature implementation.
33. 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.
34. 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.
35. When operations require moving of equipment across a flowing stream, such operations shall be conducted
without substantially increasing stream turbidity.
36. If a stream's low flow channel, bed or banks /lake bed or banks have been altered, these shall be returned as
nearly as possible to their original configuration and width, without creating future erosion problems.
37. When any dam or other artificial obstruction is being constructed, maintained, or placed in operation, sufficient
water shall at all times be allowed to pass downstream to maintain aquatic life below the dam pursuant to Fish and
Game Code section 5937.
38. The existing structure occupies a concrete footprint of approximately 0. 14 acre. The replacement bridge will
extend this footprint by approximately 0.10 acre. Thus the new structure will permanently remove an additional
0.1 acre riparian habitat. As mitigation for the 0.1 acre of permanent impact the Operator shall create 0.29 acre of
riparian habitat as close to the project site as possible. A plan detailing the proposed mitigation shall be submitted
to the Department for review by June 1. 1998. The Operator shall install the mitigation by February 1, 2000.
Additionally, the Operator shall allow riparian /emergent vegegation to recolonize the project site. The Operator
shall not clear such vegetation as part of future routine maintenance without demonstrating that such vegetation
poses a structural or safety hazard.
39. The Operator shall have a qualified biologist survey the site for the following species of special concern: two
striped garter snake and arroyo chub. The survey shall be completed two weeks prior to the start of construction
and conform to accepted Department and US Fish & Wildlife protocols. Any species of special concern shall be
relocated to safer environs.
Page 5 of 7 February 13, 1998
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 052- 98.sal
40. Planting, maintenance, monitoring and reporting activities shall be overseen by a specialist familiar with the
restoration of native plants.
41. All plants shall be planted in randomly spaced, naturally clumped patterns. The average planting densities
shall meet the criteria specified above.
42. All planting shall have a minimum of 80% survival, by species, the first year and 100% survival thereafter
and/or shall attain 75% cover after 3 years. 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 3 years after planting. If the wild rose and poison
oak tangle have not regenerated on their own, the Operator shall be required to revegetate that area with suitable
native plants.
43. An annual summary report shall be submitted to the Department by Jan. 1 of each year for 3 years after
planting. This report shall include the survival, % cover, and height by species of both trees and shrubs. 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 pre- designated photo stations shall be included.
44. A plant palette and planting plan, prepared by a biologist familiar with restoration of native plants, shall be
submitted to the Department for approval by June 1. 1998. Plantings shall include, but not be limited to, emergent
vegetation, willows and associated understory.
This plan shall include plantings of both overstory and understory vegetation and shall be
consistent with the Recommended List of Native Plants for Landscaping in the Santa Monica
Mountains as prepared by the California Native Plant Society or another Department approved
plan.
The plan shall also include a description of the proposed monitoring activities* (locations,
techniques, scheduling, etc.), maintenance operations with particular emphasis on watering methods and
schedules; the removal of invasive plant species, area treated, techniques to be used, and schedule and
success criteria for controlling invasive plants; and any /all other references to revegetation and restoration
activities specified by this Agreement. All procedures shall be approved by the Department in writing. *
The primary monitoring surveys to determine the success of restoration efforts (survival, cover and growth
of plants) shall be conducted in May and September.
45. All planting should be done between October 1 and February 1 to take advantage of the winter rainy season,
dormancy of foliage, and rooting period to ensure optimum survival of plantings. Should the Operator be required
to plant during other times of the year, chances of survival are diminished. To compensate for decreased survival
rates, the Operator shall be required to augment the specified planting density by 25 % to account for the
likelihood of increased mortality of plantings. All planting shall be completed by February 1. 2000.
46. The Operator shall remove any non - native vegetation (tree tobacco, castor bean, giant cane, etc.) from the
work area and shall dispose of it in a manner and a location which prevents its reestablishment. Removal shall be
done at least twice annually during the spring /summer season, as needed, through the term of construction.
Giant Cane, if present, shall be cut to a height of 6 inches or less, and the stumps painted with an
herbicide approved for aquatic use within 5 minutes of cutting. Herbicides shall be applied at least three
times during the period from May 1 to October 1 to eradicate these plants. Where proposed methods for
removing giant cane deviate from this procedure, the Operator shall present the alternate methods, in
writing, to the Department for review and approval, prior to construction.
47. Whenever possible, invasive species shall be removed by hand rather than by chemical means. Where
control of non - native vegetation is required within the bed, bank, or channel of the stream, the use of herbicides is
necessary, and there is a possibility that the herbicides could come into contact with water, the Operator shall
employ only those herbicides, such as Rodeo (Glyphosate), which are approved for aquatic use. If surfactants are
required, they shall be restricted to non -ionic chemicals, such as Agri -Dex, which are approved for aquatic use.
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Page 6 of 7 February 13. 1998
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 052- 98.sal
48. The Operator shall apply any herbicides in accordance with state and federal law. No herbicides shall be
used where Threatened or Endangered species occur.
49. The Operator shall schedule activities within the low flow channel for the dry season of the year, from April 1
to December 1 when feasible.
50. However, 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. Diversion berms shall be
constructed of onsite alluvium of low silt content, hay bales, silt fencing sand bags, or other approved
materials. Channel banks or barriers shall not be made of earth or other substances subject to erosion unless
first enclosed by sheet piling, rock rip -rap, 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. The Operator shall obtain all written approvals from the Department prior to initiation of
construction activities.
51. The Operator shall telephone the Department's fishery biologist, Mauricio Cardenas, at (805) 568 -1223,
prior to commencing activities within the bed, bank, and channel of any stream or river. The Operator
shall leave his /her name, date and time called, telephone number, the stream name, work location, nature
of planned activities, and proposed schedule.
52. The Operator shall provide a copy of this Agreement, to all contractors, subcontractors, and the
Operator's project supervisors. COPIES OF THE AGREEMENT AND ALL REQUIRED PERMITS AND
SUPPORTING DOCUMENTS, 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.
53. 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. FAX Number (562) 590 -5192 or 5193 (Reg 5 -LB).
54. The Operator herein grants to Department employees and /or their consultants (accompanied by a Department
employee) the right to enter the project site at any time, to ensure compliance with the terms and conditions of this
Agreement and/or to determine the impacts of the project on wildlife and aquatic resources and/or their habitats.
55. The Department reserves the right to enter the project site at any time to ensure compliance with
terms /conditions of this Agreement.
56. The Department reserves the right to cancel this Agreement, after giving notice to the Operator, if the
Department determines that the Operator has breached any of the terms or conditions of the Agreement.
57. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not
limited to, the following:
a. The Department determines that the information provided by the Operator in support of the
Agreement/Notification is incomplete or inaccurate;
b. The Department obtains new information that was not known to it in preparing the terms and condition
of the Agreement;
c. The conditions of or affecting fish and wildlife resources change; and
d. The Department determines that project activities will result in a substantial adverse effect on the
environment.
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Page 7 of 7 February 13, 1998
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5- 052- 98.sa1
CONCURRENCE
(Operator's name) California Department of Fish and Game
(signature) (date) (signature) (date)
(title)
Environmental Specialist
(title)
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