200 S. Anaheim Blvd.
Suite #276
Anaheim, CA 92805
Tel: (714) 765-5176
Fax: (714) 765-5161
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: DECEMBER 16, 2025
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: FIVE-YEAR IRREVOCABLE ENCROACHMENT LICENSE
AGREEMENT WITH ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR TEMPORARY BAT HABITAT PANELS ON
TUSTIN AVENUE BRIDGE
ATTACHMENT (Y/N): YES ITEM # 13
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion, approve an irrevocable Encroachment License (ENC) with the Orange County Transportation Authority (OCTA) for a five-year term, allowing installation, monitoring, and maintenance of temporary bat habitat panels on the Tustin Avenue Bridge; and authorize the Director of Public Works, or designee, to execute the Encroachment License and take any necessary actions to implement its terms.
DISCUSSION:
The Orange County Transportation Authority (OCTA), in cooperation with the California Department of Transportation (Caltrans), is advancing the State Route 91 (SR-91) Segment No. 2 Improvement Project, a regional freeway improvement effort designed to increase capacity, improve interchange and operational performance, and enhance safety. Project elements include construction of a new eastbound general- purpose lane, shoulder replacement, auxiliary lane restoration, ramp modifications, and structural improvements such as replacement of the Kraemer Boulevard and Tustin Avenue overcrossings and the widening of the Santa Ana River Bridge (SARB).
Environmental studies conducted for the Project identified a large maternity bat colony, estimated at 800 to 1,000 individual Yuma myotis and Mexican free-tailed bats, roosting within the existing SR-91 Santa Ana River Bridge. These species play an essential ecological role as natural predators of flying insects, but their slow reproductive rate and high juvenile mortality make them especially vulnerable to disturbance, and even temporary impacts can take years for a colony to recover from, underscoring the need for careful protective measures.
Because the bridge widening activities associated with this Project, particularly pile driving, will occur during the bat maternity season (April 1–August 31), OCTA must temporarily relocate the colony to avoid significant impacts to the bat population. The Final Bat Mitigation and Protection Plan (June 2023) recommends the installation of temporary bat habitat panels on the nearby Tustin Avenue Bridge at least six months before humane eviction and exclusion at the SR-91 structure.
Five-year irrevocable Encroachment License Agreement with Orange County Transportation Authority for temporary bat habitat panels on Tustin Avenue Bridge
December 16, 2025
OCTA, in its partnership with Caltrans, is requesting a five-year irrevocable Encroachment License from the City to install approximately 75 temporary bat habitat panels on the underside of the southeasterly spans of the Tustin Avenue Bridge.
The temporary habitat panels must remain in place, undisturbed, for the whole duration of the mitigation program (five years), which is expected to span multiple construction seasons. The irrevocable nature of the five-year term ensures compliance with environmental commitments made by OCTA and Caltrans to prevent premature removal that could adversely affect the bat colony.
Upon completion of the Project, OCTA shall remove the habitat panels on the Tustin Avenue Bridge and relocate the bats back to the rehabilitated SR-91 roosting sites, and terminate the ENC.
IMPACT ON BUDGET:
There is no budgetary impact. OCTA will be responsible for all costs associated with installation, monitoring, and removal of the bat habitat panels and any needed restoration of affected areas.
Respectfully submitted,
Rudy Emami
Director of Public Works
Attachment:
1. Encroachment License Agreement