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HomeMy WebLinkAboutS03-Public Works "CITY OF SAN BERNOIDINO - REQUEST lOR COUNCIL ACTION File No. 7.04-1 Authorization to Execute Memoran- From: ROGER G. HARDGRAVE REC'D. -ADMIN 0 Subject: dum of Understanding with Depart- ~Q . rr. ment of Water Resources - Construc- Dept: Public Works L? AUG /2 Ai' 7' tion of Second Afterbay for " . 58 Devil's Canyon Power Plant Date: 8-12-92 Synopsis of Previous Council action: 04-03-89 -- City Attorney directed Invervention with the COllUllission. to file a Petition for Federal Energy Regulatory Recommended motion: That the Mayor be authorized and directed to execute, on behalf of the City, the Memorandum of Understanding between the City and Department of Water Resources, of the State of California, concern- ing construction of the Second Afterbay and Devil Canyon Power Plant. cc: Shauna Clark C2h-~ gnature Contact person: Roger G. Hardgrave Phone: 5025 Supporting data attached: Staff Report & M. O. U. Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. .5 ~ .3 --,.,~ CITY OF SAN BERNAC>>INO - REQUEST FO COUNCIL ACTION STAFF REPORT Page 1 of 2 Negotiations have been conducted with the Department of Water Resources over the past 3 years relative to construction of the Second Afterbay for their Devil's Canyon Power Plant. These negotiations have been leading up to the development of a Memo- randum of Understanding to document the actions agreed to by both parties. Advertising for bids was commenced in June, 1992, with a contract scheduled to be awarded in the first part of September, 1992. The Department has requested that the M.O.U. be approved by the City prior to award of the contract. Concerns over the safety of the afterbay, particularly during a seismic event, have been expressed by adjoining residents. The M. O. U. provides that construction will not be started until the Department is satisfied that the project can be constructed and operated in a safe manner. A copy of the In- dependent Review of Design and Safety of Devil Canyon Second Afterbay has been submitted to the City for reference. This report was prepared by a Department board of three independent, private consultants and certifies as to the safety of this project. The M.O.U. states that the Department will implement measures to minimize construction traffic, noise and dust out- side normal working hours. However, some work (except hauling) may, on occasion, be done after normal working hours. The special provisions have more details on the Department's require- ments. Section 3 provides that the Department \~ill pay one--half of the cost for improving Ohio Avenue. Since the south half is being improved by developers, the Department's one-half will be the north . side. The work will be done by the City, after reaching agreement on the items to be included, and then bill the Department for the cost. We anticipate that the items will be curb and gutter, sidewalk, paving, street lights and one-half of the box culvert for Bailey Creek. The Department is agreeable to paying a significant portion of the estimated cost upon approval of the i terns of work and estimate. The balance will be billed after the final costs are known. Landscaping will be done under a separate contract, and is to be completed by the Spring of 1995. This landscaping will consist of native vegetation, since the environmental impact report does not allow introduction of any new species. Some trees will be planted. The Department will dedicate up development as a park. No time limit is development of this area. Construction and park will be the City's responsibility. to 30 acres specified for maintenance of for the the 8-12-92 75-0264 CITY OF SAN BERNA:)DINO - REQUEST FQ COUNCIL ACTION STAFF REPORT Page 2 of 2 Section 8 states that the Department will provide a copy of every public notice that is issued on this project to the City's Planning Department. Public information meetings are to be held by mutual agreement. The Comprehensive Flood Control Master Plan for Bailey Creek, developed under the ausp1ces of the Flood Control District, shows a debris basin at the mouth of the canyon, with a concrete lined trapezodial channel downstream. We have repeatedly advised the Department that we considered the Bailey Creek improvements to include both the lined channel and debris basin. While the Department has not objected, the M.O.U. does not specifically mention the debris basin. However, it does refer to Bailey Creek Channel improvements, which we interpret as including the debris basin. Three sites are being considered for the debris basin. The first, at the mouth of the canyon, is not acceptable for en- vironmental reasons. The second, north of Verdemont Avenue, also has some environmental concerns. An exception is included in the M.O.U. that the Department will not be involved in any work that damages the riparian vegetation identified by the Department of Fish and Game north of Verdemont Avenue. This exception will apparently rule out the second site. The third site, north of Ohio Avenue, has the least envi- ronmental concerns, but is least acceptable to the Flood Control District. Approval of the District is necessary, due to our understanding that they will assume responsibility for main- tenance and operation of the channel and debris basin, provided that the improvements are constructed in accordance with their requirements. The M.O.U. states that the Department will pay their fair share of the cost. Since one of the conditions of approval for the tentative tract, (on land acquired by the Department) was to construct the Bailey Creek Channel, we will expect the State to finance all costs. The proposed M.O. U. is the result of extensive negotia- tions. While it may not be as specific as we would like, all of the major concerns of the City and adjoining residents appear to be adequately addressed. Therefore, we recommend that the M.O.U. be approved. URGENCY CLAUSE: This item will need to 17-92, in order for contract by DWP. be considered at the Council Meeting of 8- it to be approved prior to award of a 75.0264 _.,~ o o STATI Qf CAUfOlINIA-THI lIIIOUltas AOINCY I'ITI WllJON. CIoNm", OEPARTMENT OF WATER RESOURCES 1416 NINTH STIIliIT, ~.O. lOX 942136 SACRAMl!NTO. CA 94~1 19161 653057\11 . Honorable W. R. "Bobn Holcomb Mayor of the city of San Bernardino 300 North "on Street San Bernardino, California 92418 Dear Mayor Holcomb: We have appreciated the opportunity to work with you and your staff to develop ways to minimize the impacts in your area resultinq from the Department'. Second Afterbay Project at the Devil Canyon Power Plant. Enclosed for execution by your city are three copies of a final version of the memorandum of understandinq. We request that you siqn the three copies and return two copies to us. We will return a fully executed copy to you. We are unsure of whether the City is interested in establishinq a park on the property adjacent to Ohio Avenue. The Depertment was wil1inq to dedicate a portion of the property to the city for the city to develop as a park. However, from a prior meetinq we understoOd that the neiqhbors opposed the idea and that the City would not pursue it. A recent letter from Roqer Hardqrave requested that the Department prepare plans for a park. Our offer i. to dedicate land if the City wishes to develop a park. You should also be aware that the spoil from the Second Afterbay excavation will be occupyinq more of the area than we anticipated, 80 the area made available for a park would be less than the 30 acres we oriqinally discussed. Enclosed is a copy of the Independent Review of Desiqn and Safe~y of Devil Canyon Second Afterbay by the DWR Board of Consultants, Douqlas P. CampD.ll, I. M. Idre.. and Joe Sciandron.. Under separate cover we are sendinq two copies of the contract documents for construction. The project was advertised for construction June __, 1992. If there are other items that need clarification, please call me at (916) 653-7007 or have your staff call Don Colson at (916) 653-7813. Sincerely, David N. Kennedy Director Enclosure -.-., ", o o MEMORANDUM OF UHDIRS'l'ANDIMG BI'l'WEBN '!'HI DEPARTMENT or WATER RESOURCES OF THE STATB OF CALIFORNIA AND '!'HE CITY 01' SAN BBRMARDINO CONCElUfING CONSTRUCTION OF THE SECOND AFTERBAY A'l' DEVIL CANYON POWER PLANT Thi. m-.orandua of understanding is designed to docuaent the declared intentions of the Department ot Water Resource. of the State of California and the City of San Bernardino with regard to minimizinq impacts anticipated froa the Department's proposed construction of a .eeoncl afterbay at the Devil canyon Power Plant. The followlnq points reflect the unclerstandinq. reached by the repre.entative. ot the. Department and the City as a result of discussions of project i.~acts: RlCITALS A. The Depat:taent operates the Stat. Water Projsct Which delivers water to 30 public agenci.. throughout the State of California. The city receiv.. part of its water supply from the State Water Project through the San Bernardino Valley Munioipal Water District whioh has a water supply contract with the Department. -.., o o Memorandum ot Understanding Page 2 B. The second atterbay is being proposed by the Department to tacilitate the operation ot Devil Canyon Power Plant and to enable the plant to maximize the generation of power during peR deaancl periOds. The project would r.sult in enhanced reliability and lower Charge. for delivery of the water to the water us.rs, inoluding the r.sidents of the City. c. The Department doe. not have authority to comply with City requests for payment of te.s tor claimed revenue loss.. or to affect user electrical costs. AGREEJIEN'1' 1. Safety. The Department will not l:leqin construction of the second atterbay until it 1s satisfied that the project can be constructed and operated in a .ate manner. 2 . Cons~icm ft'acti088. During construction, the Department will implement lIIeasure. to minimize environmental impacta such aa construotion traffic and noi.e outside normal working hours and blowing dust. However, if necessary to keep the contractor from talling bebind schedule, the Department may direct that so.e work, bUt not hauling, be don. after nonal hours. The Departaent project engineer ,-_...,' o o MelllOrandum of understandi1t9 Paqe 3 for the second afterbay project will meet periodically with the city's Department of Public Works/Enqineerinq to review construction praotice. and aitiqation measure. for environmental impacts. 3. St.reebl. The Department will pay one-half of the costs of the improvements to Ohio Avenue adjacent to the project site. The Department will not contribUte to other upgrade. of the street system. The city can proceed. with this work at any time after the items to be included for payment have been aq1'eed upon. 4. Ace... Rout... The normal acc.ss route to the construction site will be alonq Devil Canyon Road from Xendall Drive via State College Parkway. If any heavy construction equipment needs to use city streets west of the site for ace..., the Depart>>ent will .ubmit to the City an application for an encroachment pe~it for the use of the streets. As a matter of state law, the Department i. not SUbject to the city's permit requirements. However, as a lIlatter of courtesy t:o the City, the Department will adopt operatinq requirements that will match aa clo..ly as possible the standard conditions the City inclUde. in encroachment permits for the use of City streets by heavy equipment. If the City believes that additional conditions would be nece.sary for o o Memorandum of Unders~.nding Page 4 the equipment involved, the Pepartment will meet with the city streets oepartment to determine whether the City's additional d.sires oan be accomaodated. If the streets are da..ged by the heavy equipment involved with the construction, the Department will restore the streets to a condition equal to the pre-construction condition. The Department will make a videotape to establish the pre- construotion condition of the streets. 5. LandaaapiDCJ. The Department will landscape the second afterbay to blend in and be compatible with the na~ural environment of the area. aevegetation work will be done under a separate contract, with all work scheduled to be completed by the spring of 1995. 15. Perk. The Depart.llent i. willing to dedicate an are. adjacent to Ohio Avenue to the City for development a. a par~ and will otter an area of up to 30 acres to the City tor that purpose. The Department can provide a water supply for establi.hing an enhanced landscape for the approximately 30-aore park aite north of Ohio Avenue, but the City must provide any potable water tor publio u.e. Con.truction and maintenance ot the park will be the responSibility of the City. _... o o Memorandum of Understanding Page 5 7. J.and Boundary MjWl~nt. and Future "seaents. The Department and City will aak. the nec....ry adjustment. to co.-on boundari.s and/or grant .a....nt. for u.. with regard to the Devil canyon Pow.rplant Proj.ct, whioh includ.. the Second Afterbay. This may involve approximately 30 acres north ot Ohio Avenue: a possible City water tank storage ait. at Ilevation 2100 near the old Bonadiman r..idence: property south of the mouth of D.vil Canyon: and the Acc..s Road to the Powerhou.e. '!'be.e adjustllent. are proposed for consideration as II\ltual benefit to both the City and the Department. The Depart.ent will investigate an agre.ment to ..11 property elong Verdemont Drive to the landowner on the north 80 that this land can be u.~ to complete the proposed subdivision. 8. Ratio... The Department will provide the city Planning Department with. oopy of every public notice 188ued by the Department conoerning' the Second Afterbay project. 9. St.acl1es 1:0 be PUrn1~ to the City. Environmental and feasibility studie. for the project have been completed, and oopie. ot any publi.hed studi.. th. City do.s not posae.. will be provided. Results of engineering studies have been made available to th. City. o o Memorandum of t1nc1erstandinq paqe 6 10. Public: Inf~t1on. The Department is willing to participate in a pUblic information program to inform the neighboring area oitizens, the City, and other appropriate pUblic agenoies ooncerning activities related to the Seoond Atterbay. Publio information meetings may be held when m1rtually agreeable to the City and the Department. 11. Bailey creek Channel. The Department will coordinate with the city anc! the county 'lood Control District with reqard to Bailey Creek channel improvements above Ohio AVenue. The City shall identify the hydrology and the hydraulic desiqn criteria. The Department has ottered to de.ign and construct: the channel improvement. on State property. The Department will not be involved with any work that damage. the riparian veqetation identified by the Department of FiSh anc1 Galle north of Verd..ont Avenue. The City Will assume full responsibility for the ohannel after construction. The Department will only pay for the State's fair share ot the cost.. The city shall be re.ponsible tor all environmental approvels. Thi. work will be . separate project and not part ot the Second Afterbay Project. 12. Chestnut Cbmmel. The Depar1:laent will not participate in drainage improvements to Chestnut Channel. _. o o MellOrandWll ot UndlU'stand1nq paqe 7 13. connection to Beware. To protect the City's water system, the Depart_nt will connect: to the City .ewer syst.. the Devil Canyon Power Plant .ewer system that previously connected to a leach field. 14. Trails. The City will provide the Department with a map of hikinq and equestrian trails planned 1n the Devil Canyon area and will inform the Department a. to the current progress toward implementinq the plan.. The Department will seek to minimize conflicts between ita op.ration. and the recr.ationa1 use of the trails. Th. Department will require that all that the trails pass south of the afterbay. 15. Banq Gliders. The DepartJaent will provide aasbtance to tacilitate the relocation of the hang qlider landinq zone to an aqreuble a1 t.. 16. Aaceu to Private Landa. The Department will work with the city to re.olve any acce.. problems that may result trom the construction of the Second Atterbay. 17 . Coordination With other Publio Aliena!... The Departlllent will coordinate direotly with tho.e public aganci.. concerned with impact. of the Seoond Atterbay project including bUt not liaited to the county Flood Control _.. o o Memorandum of Unders~andinq Page 8 Di.~riot, San Bernardino valley Municipal Water Di.~rict, 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 projeot. It the Department decide. for any reaeon not to proceed with the Second Afterbay project, this memorandum of understanding shall expire ae eoon as the Department notifi.. the City of the decision not to proceed. At that time any remaining Obligations under this memorandum Of understanding shall expire. ..--..,. 0' o o Memorandum of Underatandinq Page 9 IN WITNESS WHEREOF, the partie. have exeouted this memorandum of understanding. Dau Depart..nt of Water Resources Title City of San Bernardino T1 tle