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HomeMy WebLinkAbout11-Public Works <-,--.I,.. CITY OF ~AN BE~RDINO - REQUES1()OR COUNCIL ACTION Fi1e No. 7.04-l Authorization to Execute Revised Su~ect:Memorandum of Understanding with Department of Water Resources - Construction of Second Afterbay for Devi1's Canyon Power P1ant From: ROGER G. HARDGRAVE Dept: Public Works Date: 8-19-92 Synopsis of Previous Council ection: 04-03-89 -- City Attorney directed to file a Petition for Intervention with the Federal Energy Regulatory Commission. 08-17-92 -- Authorization granted to ~xecute Memorandum of Under- standing with the Department of Water Resources on Second Afterbay. Recommended motion: That the Mayor be authorized and dir~cted to execute, on behalf of the City, the revised Memorandum of Understanding between the City and Department of Water Resources, of the State of California, concerning construction of the Second Afterbay and Devil Canyon Power Plant. cc: Shauna Clark Contact person: R0ger G. Hardarave Phone: 5025 Supporting data attached: Staff Reoort & M.O.U. Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct, No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No / I '-~ CITY OF SAN BERCARDINO - REQUES,oOR COUNCIL ACTION STAFF REPORT A copy of the proposed Memorandum of Understanding with the Department of Water Resources, re1ative to construction of the Second Afterbay at their Devil' s Canyon Power Plant, was faxed to our office on 8-10-92. The Department of Water Resources requested that this M.O.U. be approved by the City prior to the contract being awarded in the first part of September, 1992. Authorization was granted at'the Council meeting of 8-17- 92 for the Mayor to sign the M.O.U. on beha1f of the City. Some concerns of Councilman Tom Minor were relayed by te1ephone to the Project Engineer in the Department's office l.n Sacramento. A copy of the revised M.O.U. was faxed to our office on 8-17-92. This document was revised to address Councilman Minor's concerns. However, this revised copy arrived too late to be considered at the Council meeting of 8-17-92. The revisions to the M.O.U. are: Section general, work Monday through 2. Construction Practices. will be done between 7: 00 Friday," has been added. The sentence, "In a.m. and 5: 30 p.m., Section 5. Landscaping. The sentence, "The revegetation work wi1l include irrigation as required for planting native grass, shrubs and trees," has been added. Section 6. Park. The phrase, "and the toe ment slope," has been added to the first sentence. "It is understood that the City may not develop some future date," has also been added. of the embank- The sentence, the park until Section II - Bai1ey Creek. The sentences, "The Department will pay the cost of these improvements. This cost would have been paid by any developer applying to subdivide the property, now owned by the State," have been added, or amended. Section 14. Trails. The phrase, "and wi thin the area reserved for use as a park," has been added. Various other minor changes have been incorporated into the revised M.O.U. for clarity. We recommend that authorization be granted for the Mayor to sign the revised M.O.U. 8-19-92 75-0264 r~ '-' o MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA AND THE CITY OF SAN BERNARDINO CONCERNING CONSTRUCXION OF THE SECOND AFTERBAY AT DEVIL CANYON POWERPLANT This Memorandum of Understanding is designed to document the declared intentions of the Department of Water Resources of the State of California and the city of San Bernardino with regard to minimizing impacts anticipated from the Department's proposed construction of a second afterbay at the Devi1 Canyon Powerp1ant. The following points ref1ect the understandings reached by the representatives of the Department and the City as a result of discussions of project impacts: RECITALS A. The Department operates the State Water Project which delivers water to 30 pUblic agencies throughout the State of Ca1ifornia. The City receives part of its water supply from the State Water Project through the San Bernardino Va11ey Municipa1 Water District which has a water supp1y contract with the Department. r-- '-' ",-...." v Memorandum of Understanding Page 2 B. The second afterbay is being proposed by the Department to facilitate the operation of Devil Canyon Powerp1ant and to enab1e the p1ant to maximize the generation of power during peak demand periods. The project wou1d resu1t in enhanced re1iabi1ity and 10wer charges for de1ivery of the water to the water users, including the residents of the City. C. The Department does not have authority to comply with City requests for payment of fees for c1aimed revenue 10sses or to affect user electrical costs. AGREEMENT 1. Safety. The Department will not begin construction of the second afterbay unti1 it is satisfied that the project can be constructed and operated in a safe manner. 2. Construction Practices. During construction, the Department wi11 implement measures to minimize environmenta1 impacts such as construction traffic, dust and noise. In genera1, work wil1 be done between ,.- " r \"".-' :] Memorandum of Understanding Page 3 7:00 a.m. and 5:30 p.m. Monday thru Friday. However, if necessary to keep the contractor from fa11ing behind schedu1e, the Department may direct that some work, but not hau1ing, be done after norma1 hours. The Department's Project Engineer for the second afterbay project wi11 meet periodically with the City's Department of Pub1ic Works' engineering staff to review construction practices and mitigation measures for environmenta1 impacts. 3. streets. The Department wil1 pay one-ha1f of the costs of the improvements to Ohio Avenue adjacent to the project site. The Department wi11 not contribute to other upgrades of the street system. The City can proceed with this work at any time after the items to be inc1uded for payment have been agreed upon. 4. Access Routes. The norma1 access route to the construction site will be a10ng Devil Canyon Road from Kenda1l Drive via state College Parkway. If any heavy construction equipment needs to use city streets west of the site for access, the Department wi1l submit to the ,-............... c o Memorandum of Understanding Page 4 city an app1ication for an encroachment permit for the use of the streets. As a matter of state 1aw, the Department is not subject to the city's permit requirements. However, as a matter of courtesy to the city, the Department wi1l adopt operating requirements that wi11 match as c10se1y as possible the standard conditions the City includes in encroachment permits for the use of City streets by heavy equipment. If the City believes that additional conditions would be necessary for the equipment involved, the Department wi1l meet with the City's Public Works Department to determine whether the these desires can be accommodated. If the streets are damaged by the heavy equipment involved with the construction, the Department will restore the streets to a condition equa1 to the preconstruct ion condition. The Department wi1l make a videotape to estab1ish the preconstruction condition of the streets. 5. Landscaping. The Department wi1l 1andscape the second afterbay to b1end in and be compatible with the natural environment of the area. The revegetation work will o o Memorandum of Understanding Page 5 inc1ude irrigation as required for p1anting native grass, shrubs and trees. This work wf1l be done under a separate contract, with a11 work schedu1ed to be completed by the spring of 1995. 6. Park. The Department is wi11ing to dedicate land adjacent to Ohio Avenue and the toe of the embankment s10pe to the city for deve10pment as a park. The Department can provide a water supply for estabiishing an enhanced 1andscape for the approximately 30-acre park site, but the City must provide potab1e water for public use. Construction and maintenance of the park wil1 be the responsibi1ity of the City. It is understood that the city may not develop the park until some future date. 7. Land Boundary Adjustments and Future Easements. The Department and City wil1 make the necessary adjustments to common boundaries and/or grant easements for use with regard to the Devil Canyon Powerp1ant project, which inc1udes the second afterbay. This may inv01ve the acreage north of Ohio Avenue for a future park; a possible c o Memorandum of Understanding Page 6 City water tank storage site at elevation 2100 near the old Bonadiman residence; property south of the mouth of Devil Canyon; and the access road to the Powerhouse. These adjustments are proposed for consideration as mutual benefit to both the City and the Department. The Department will investigate an agreement to sell property along Verdemont Drive to the landowner on the north so that this land can be used to complete the proposed subdivision. 8. Notices. The Department will provide the City's Department of Public Works with a copy of every public notice issued by the Department concerning the second afterbay project. 9. Studies to be Furnished to the city. Environmental and feasibility studies for the project have been completed, and copies of any published studies the City does not possess will be provided. Results of engineering studies have been made available to the City. o o Memorandum of Understanding Page 7 10. Public Znformation. The Department is willing to participate in a public information program to inform the neighboring area citizens, the City, and other appropriate public agencies concerning activities related to the second afterbay. Public information meetings may be held when mutually agreeable to the city and the Department. 11. Bailey Creek Channel. The Department will coordinate with the City and the County with regard to Bailey Creek channel improvements above Ohio Avenue. The City shall identify the hydrology and the hydraulic design criteria. The Department has offered to design and construct the channel improvements on state property. The Department will not be involved with any work that damages the riparian vegetation identified by the Department of Fish and Game north of Verdemont Avenue. The City will assume full responsibility for the Channel after construction. The Department will pay the cost of these improvements. This cost would have been paid by any developer applying subdivide the property now owner by the state. The city shall be responsible for all environmental approvals. o () Memorandum of Understanding Page 8 This work will be a separate project and not part of the second afterbay project. 12. Chestnut Channel. The Department will not participate in drainage improvements to Chestnut Channel. 13. Connection to Sewers. To protect the City's water system, the Department will connect to the City's sewer system the Devil Canyon Powerplant sewer system that previously connected to a leach field. 14. Trails. The City will provide the Department with a map of hiking and equestrian trails planned in the Devil Canyon area and will inform the Department as to the current progress toward implementing the plans. The Department will seek to minimize conflicts between its operations and the recreational use of the trails. The Department will require that all trails pass south of the . second afterbay and within the area reserved for use as a park. . 1"'-. \,..... o Memorandum of Understanding Page 9 15. Hang Gliders. The Department will provide assistance to facilitate the relocation of the hang glider landing zone to an agreeable site. 16. Access to Private Lands. The Department will work with the City to resolve any access problems that may result from the construction of the second afterbay. 17. Coordination With other Public Agencies. The Department will coordinate directly with those pUblic agencies concerned with impacts of the second afterbay project including but not limited to the County Flood Control District, San Bernardino Valley Municipal Water District, and County of San Bernardino. 18. contingency. Any transfers of property or expenditures of funds under this agreement are contingent on the decision by the Department to proceed with the second afterbay project. If the Department decides for any reason not to proceed with the second afterbay project, this Memorandum of Understanding shall expire as soon as the Department .----,..- o r""", , ...,; Memorandum of Understanding Page 10 notifies the City of the decision not to proceed. At that time any remaining obligations under this Memorandum of Understanding shall expire. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding. Date Resources Department of Water Title Date City of San Bernardino Title file: