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Home My WebLink AboutAGENDA REPORT 2000 0405 CC REG ITEM 11HTO: •u DATE: CITY OF MOORPARK AGENDA REPORT The Honorable City Council TEE II. 14 Kenneth C. Gilbert, Director of Public Works March 24, 2000 (Council Meeting 4 -5 -00) SUBJECT: Consider Approval of an Amendment to the Agreement between the City and the California Department of Fish and Game [Permit] Pertaining to Work Required to be Performed Within the Water Course for the Arroyo Simi to Reconstruct the Spring Road Bridge. DISCUSSION A. Background On March 4, 1998, the City Council approved the subject Agreement and authorized the Public Works Director to execute same. The permit was obtained in early 1998 with the intent of proceeding with and completing construction prior to the end of 1998. The expiration date for the permit was February 1, 2000. As the City Council may recall, in June of 1998 bids were rejected and the project postponed until after the opening of Science Drive. The project was re- advertised in late 1998, a contract was awarded and construction of the project was started in March of 1999. The term of the subject permit was not changed. B. Permit Extension The permit expired on February 1, 2000. A permit extension, was issued, effective March 1, 2000. Said permit was issued subsequent to meetings and discussion between the Department of Fish & Game, City staff and the consultant initially retained by the City to secure the original permits from the Fish and Game Department and other governmental regulatory agencies. A copy of the Permit extension is attached as Exhibit 1. Spgbrg_F &G_0004 002 Spring Road Bridge: Fish & Game Permit March 24, 2000 Page 2 C. Added Requirements Representatives of the Department of Fish & Game observed certain permit violations which were committed by the bridge contractor. Accordingly, certain additional requirements were added to the Permit Extension to better provide for the protection of the environment. In that those additional requirements were added as a result of the violations of the original permit by the Contractor, the Contractor was advised that any additional efforts or costs resulting from those new requirements will be borne by the Contractor. D. Re- Vegetation 1. Overview: The original permit included requirements for the City to undertake certain "re- vegetation" efforts to be defined later. Those re- vegetation efforts were not included within the scope of work for the bridge construction contractor and were to be undertaken by the City or a separate contractor retained by the City subsequent to the completion of the construction of the bridge project. The "scoping" of the re- vegetation effort was to be discussed with and determined by the Department of Fish & Game prior to the completion of the construction project. 2. Fish & Game Negotiations: Much of the discussion between the Department of Fish & Game, the City and its consultant this past February centered around the way in which the City would comply with the re- vegetation requirements of the permit. A number of alternatives were discussed. One option was the payment of an in -lieu fee of $70,000 for each acre "disturbed" by the project. The size of the area "disturbed" by the Spring Road Bridge project was 0.97 acres. 3. Conservation Easement: The option selected requires no actual re- planting, construction of improvements or payment of in -lieu fees. It was agreed that the re- vegetation requirement of the permit could be satisfied via the recordation of a Conservation Easement upon a parcel owned by the City which is situated upstream of the construction site. 4. SDI Property Transfer: As the City Council may recall, the land transactions between the City, Caltrans and SDI resulted in the conveyance to the City of certain property located south of the railroad tracks and north of the Arroyo, in the area shown on the map attached as Exhibit 2. Spgbrg_F &G_0004 000202 Spring Road Bridge: Fish & Game Permit March 24, 2000 Page 3 5. Property Description: The City actually owns Lot 4 and Lot D of Tract 5004 as shown on the map attached as Exhibit 3. Lot 4 of Tract 5004 is deemed to be property which has development potential. Staff has been investigating alternatives for such development. Lot D is actually in the floodplain of the Arroyo and could not be developed without major flood control improvements resulting in significant environmental impacts. There is a like piece of property on the south side of the Arroyo which is identified on Exhibit 3 as Lot C. SDI, the owner of that property, was required to record a Conservation Easement across Lot C. 6. Future Mitigation Credits: Lot D is 11.76 acres. The Permit Extension provides that only six (6) acres of that 11.76 acres is to be dedicated to the mitigation requirements of the Spring Road Bridge Project. The remainder is to be "banked" and available for use toward the mitigation of any future project. 7. Easement Recordation: As mentioned above, the Fish & Game Permit Extension provides that the City shall convey to the California Department of Fish & Game (or their designee) a Conservation Easement across Lot D prior to October 15, 2000. Also as stated above, this easement will be similar to the easement recorded upon Lot C, the floodplain property on the south side of the Arroyo owned by SDI. E. Execution of Agreement Amendment In order to prevent delays to the construction of the Spring Road Bridge Replacement Project, the Public Works Director signed the Agreement Amendment (Permit) on March 1, 2000. It is requested that the City Council approve that action by the Public Works Director. STAFF RECOMMENDATION Staff recommends that the City Council take the following actions: 1. Approve the subject Amendment to the Fish & Game Agreement (Permit). 2. Approve prior action by the Public Works Director executing said document. 3. Authorize the City Manager to execute and record a Conservation Easement upon Lot D of Tract 5004, as required by said Agreement Amendment. Spgbrg_F &G_0 0 04 000203 IV aA'11;iVll LAKE OR STREAMBED ALTERATION AG NUMBER 5- 052 -98 BY EXTENDING WORK PERIOD WHEREAS, Kenneth Gilbert the City of Mooroark(Oner, _ a_ tor) and the Department of Fish and Game (Department) entered into Lake or Streambed Alteration Agreement number 5- 052 -98 (agreement) on or about March 30, 1998; and WHEREAS, the work period authorized under the February 1,2000; and agreement is from March 30, 1998 to WHEREAS, the Operator has requested the Department to extend the work period authorized under the agreement to October 15, 2000; and WHEREAS, sections 1601(g) and 1603(g) of the Fish and Game Code provide that the terms of a Lake or Streambed Alteration Agreement may be renegotiated at any time by mutual consent of the parties to the agreement; and WHEREAS, the Department has established a fee for amending Lake or Streambed Alteration Agreements and that fee, as set forth in section 699.5(8) of title 14 of the California Code of Regulations, is 50% of the fee of the original agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions set forth below, the Operator and the Department agree as follows: 1 • The terms and conditions contained in the, agreement shall remain in full force and effect, except the work period authorized under the October 15 2000. agreement shall be extended to 2• All work shall be done in accordance with the plans and specifications the Operator provided the Department described in this agreement extension as follows. 3. The Operator proposes to alter the streambed to replace the bridge at S with one that is 22 feet wider. In addition to the bridge widening pig Road the proposed project, the operator will install a bike path under bridge. IIThe bike path will be located on the north bank of the Arroyo Simi east of the Springs Road bridge, extending from beneath the bridge along the bank to the top of the grouted riprap levee. Also, the operator will conduct geotechnical studies on the piles by driving a pile (concrete column with reinforced steel) adjacent to the bridge piles. This Pile will then be removed. 4. The proposed project will permanently disturb approximately 0.3 acres. In order to accomplish this the operator will temporally disturb approximately 0.97 acre of channel bottom. The temporary construction impact area includes: a) the channel area from the centerline of the bridge 125 feet to the west, b) the channel area from the centerline of the bridge 125 feet east, and c) on the north slope of the channel bank from the centerline of the bridge 220 feet to the east. Area "c" Page 1 of 2 #5- 052 -98 04 represents the bike path construction area. All work will take place within this described area which is depicted on the attached figure. 5. Because the Ventura County Flood Control District actively maintains the channel bottom, and the north side of the channel has been hard surfaced; the City of Moorpark will be placing a Conservation Easement over an 11.76 acre parcel known as parcel "D" of tract 5004. Parcel D can be described as AP# 513 -0- 050 -245. Of this 11.76 acre parcel, 6 acres will be dedicated to the mitigation for this project and the remainder will be banked for future mitigation. A wildlife conservation easement shall be recorded on the Arroyo Simi on AP# 513 -0- 050 -245 no later than October 15, 2000 to protect existing fish and wildlife resources in perpetuity, The easement shall be in favor of the Department, its designated agent or an approved third party. It shall be recorded once construction activities are completed. The form and content of the easement shall be approved by the Department's Legal Affairs Division prior to its execution. The Legal Affairs Division can be contacted at (916)654 -3821. 6• A copy of this amendment and a copy of the original agreement shall be provided to any contractors and subcontractors of the Operator and copies of these documents shall be available at the project site. 7. The Operator shall submit to the Department a fee in the amount of $595.50 pursuant to section 699.5(g) of title 14 of the California Code of Regulations. The Department shall not execute this amendment until it receives this fee. 8. In addition to the conditions in the original agreement the Operator shall insure that the conditions to agreement 5- 052 -98 and subsequent extensions are complied with in the form of a daily inspection form which will be signed and dated daily by the Operator. The daily inspection forms will be available for review by Department employees during normal business hours at the City of Moorpark, City Hall. Copies of the signed forms will be sent weekly to the Department until completion. 9. A spill contingency plan shall be kept on site. Sorbent pads designed for spill clean up shall be kept with each piece of equipment being operated or driven while on the project site. Two sorbent booms shall be placed across the entire stream below the project site and remain in place for the duration of construction activities. The boom shall be inspected daily for proper function and placement. IN WITNESS THEREOF, the parties below have executed this amendment to Lake or Streambed Alteration No. 5- 052 -98 as indicated bel w. /0 Date Kenneth Gilbert, Operator 3ff �00 Date Department of Fish and Game Page 2 of 2 #5- 052 -98 000206 n r Stl MH C�. mn yi ., . 2 ,vim.•.... ...: . A IF PARK . �..E 1 7 � `;11 1 II 11 IL•[�4 0 R 6+ p4RK' CAMPUS 14 PM 62 R. 9� Ho .. o, dfl RS 56.3 - - _ a 7 !R 1N 7 PM - COLONY' 2 - x: df) VN 38 Fist, i -- e - - m a " P 00- 04 15 1.8 PORTION TRACT J & M, RANCHO SIMI PORTION SECTION 3, T.2N., R. 19W., S.B.B. & M 1 t3 V.C.F.C.D. sS••P' dR97 HWY 13 a• \ � � i 8.15Ac. ; 1 t 21 n r also /tor I � J "O d B. 500 5004; M.R.. Bk. 137, Pg.97 honcho Simi, M.R. Bk. 3, Pg. 7 ks .g Q Z4�Par. 41 UOLIM, 21-22 . 03 J R oR 2 12.83Ac A Q eJ 12.12Ac. e 4 Center SX&n 3 teases' ... � w a. • a ; Lot 23 4 - .. r w • ; • w •w + 10. 124c. . ♦ ae a aa•w rw+ g 97 � ` � ! a � • ` � Lot 24 Ow �+ a� w•: w�� +•1r w'r11.86AC.w•� .. a s • � r .n1\ 41N0?0 Lot 25 6 22.95Ac. pP� ti W207c PNRI.' 1 s.25Ac.t;E Lot @J 40.s8Ac. Tax Rate Area 10005 10079 10057 67011 MR556 Par. Q 2 32.44Ac. Lot 25 A 128.71Ac. RECEIVED NOV 151999 Community Development Comer t I f . O I (D Id a (D n o w r+ (D .. p, n n (D tJ• rt n 14 0 (n (D c w rt 0 r� w co m 0 rt 513 -05 t•= 7 y ME