Loading...
HomeMy WebLinkAboutReso. 1985 - 089 - Approving the license and agreement between the city of redding and the u.s. bureau of reclamation for the operatoin of the whiskeytown power project and authorizing the mayor to sign same RESOLUTION NO. N A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE LICENSE AND AGREEMENT BETWEEN THE CITY OF REDDING AND THE U. S. BUREAU OF RECLAMATION FOR THE OPERA- TION OF THE WHISKEYTOWN POWER PROJECT AND AUTHORIZING THE MAYOR TO SIGN SAME. BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . The City Council of the City of Redding hereby approves the license and agreement between the City of Redding and the U. S. Bureau of Reclamation for the construction, operation and maintenance of the Whiskeytown Power Project; 2. The Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate; and 3 . A true copy of the License and Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 6th day of May , 1985, and 9g • • • was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, & Kirkpatrick NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pugh ABSTAIN: COUNCIL MEMBERS: None 4,1741ZZ-4144 HOWARD D. KIRK' ATRICK, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM 'PROVED: RAN4ALL A. HAYS,' Citx Attorney -2- + LVV. D—U /—LU—LJLUL • o • UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT LICENSE AND AGREEMENT • FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF WHISKEYTOWN POWER PROJECT Article Page Number Table of Contents Number Preamble 1 Explanatory Recitals . . . . . . . . . . . . 1 1 License 2 2 Construction 3 3 Ownership 7 4 Access 7 5 Operations 8 6 • Discharge Measurement 10 7 Liquidated Damages . 11 8 Interruption of Releases 11 9 Maintenance = =..•: -. . _ 11 10 Inspection by Bureau After Construction . . . 12 11 Payments 13 12 Conflicts 13 13 Notices 14 14 Liability 14 15 Equal Opportunity 14 16 Title VI, Civil Rights Act of 1964 16 17 Certification of Nonsegregated Facilities . 18 18 Officials Not to Benefit 18 19 Term of License and Agreement 19 • 0 No. 5-07-20-L3202 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT LICENSE AND AGREEMENT FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF WHISKEYTOWN POWER PROJECT THIS LICENSE AND AGREEMENT, made this day of , 1985, pursuant to the Act of June 17, 1902 (32 Stat. 388) , and acts amendatory thereof or supplementary thereto, all collectively referred to herein- after as the Federal Reclamation Laws, between the UNITED STATES OF AMERICA, acting through its Bureau of Reclamation, Department of the Interior , hereinafter referred to as the "Bureau" , and the CITY OF REDDING, hereinafter referred to as the "City" , a municipal corporation, duly organized, existing, and acting pursuant to the laws of the State of California, with its principal place of business in Redding, California, WITNESSETH -THAT: WHEREAS, the Bureau has constructed the Central Valley Project, including Whiskeytown Dam and Reservoir for agricultural, power, municipal, industrial, domestic, and other purposes; and WHEREAS, the Federal Energy Regulatory Commission (FERC) has issued License No. 2888-002, dated March 10, 1983, to the City for construction, operation, and maintenance of the Whiskeytown Dam Power Plant Project, No. 2888, herein referred to as the Whiskeytown Power Project, or Project at Whiskeytown Dam, County of Shasta, State of California; and 1 S • • WHEREAS, the City has requested a license for construction, opera- tion, and maintenance of the Whiskeytown Power Project on lands admini- stered by the Bureau (Bureau lands) ; and WHEREAS, the Bureau has concluded that construction and operation of the Whiskeytown Power Project as planned will not be detrimental to the purposes of the Central Valley Project; and WHEREAS, the Bureau (briefly renamed "Water and Power Resources Service") and the City have entered into Letter of Agreement No. 1-07-20- X0168 (Exhibit A) dated January 15, 1981 , whereby the City has agreed to reimburse the Bureau for costs incurred in relation to the Whiskeytown Power Project; and WHEREAS, the Bureau has determined that an operations agreement is necessary to protect the interests of the Bureau and to avoid Whiskeytown Power Project interference with normal Whiskeytown Reservoir operations; NOW, THEREFORE, the Bureau and the City, through the officers signing this Agreement, mutually agree to the construction, operation and maintenance of the Whiskeytown Power Project at Whiskeytown Dam, subject to the terms of the FERC License No. 2888-002 and the conditions herein- after set forth. 1. License The Bureau hereby grants to the City, its contractors and agents, the right and privilege to enter upon those Bureau lands shown on Exhibit C and described in Exhibit B for the construction, operation, and maintenance of the Whiskeytown Power Project. 2 410 0 2. Construction (a) The City shall construct the Whiskeytown Power Project in accordance with designs and plans approved by the FERC. Said designs will include an alarm and monitoring system with terminal points and mounting space for remote transmitting units which will be provided by the Bureau and the Clear Creek Community Services District and an automatic opening system for the Whiskeytown outlet works valves. All design and construction work that will be an integral part of Whiskeytown Dam and appurtenant structures and facilities, or that could affect the structural integrity of the dam or the operation of Bureau facilities shall be reviewed and approved by the Bureau, prior to construction, and the City will reimburse the Bureau for all costs associated with the review process as provided in Exhibit A. (b) The City will be responsible for assuring all applicable construction safety standards are observed. (c) The Bureau will conduct periodic inspections during the construction of the Whiskeytown Power Project of such work as could affect the structural integrity or operation of Whiskeytown Dam and appurtenant facilities. The City or its designated agent will promptly comply with Bureau instructions to correct or cease any activity that is detrimental to Bureau lands, the integrity or operation of Whiskeytown Dam and appurtenant Bureau facilities, or the safety of the workers, Bureau personnel, or the public. The City will reimburse the Bureau for all costs associated with this inspection activity as provided in Exhibit A. 3 N. • (d) The City will be responsible for providing, at its own cost, security as the City and/or City's contractors deem necessary for protection of their equipment and facilities, and, as the Bureau deems necessary, for protection of Bureau lands and facilities within the area described in Exhibit B and shown on Exhibit C. (e) The City will provide the Bureau with location and plan view drawings for haul roads; storage areas; office and staging areas; material stockpiles, spoil areas, and borrow areas; and temporary water, power, and telephone lines to be located on Bureau lands for approval prior to construction. Documents for temporary access to, and use of, Bureau lands other than those described in Exhibit B for construction purposes will be issued by the Bureau's Shasta Office. (f) Upon completion of construction, the City will remove all debris resulting from City construction activities from the Bureau lands described in Exhibit B and Subarticle 2(e) and will restore any such lands disturbed by the City, which need not be permanently disturbed in order to construct, operate, and maintain the Whiskeytown Power Project, to conditions existing prior to the development of the Whiskeytown Power Project, as approved by the Bureau. (g) The City will be responsible to perform and fund repairs of any damage to Bureau lands and facilities as determined by the Bureau, resulting from the construction of Whiskeytown Power Project. (h) During construction, the City will not interrupt or interfere with releases of water from Whiskeytown Reservoir into Clear 4 • Creek and to Clear Creek Community Services District. The City shall submit to the Bureau for approval, and receive said approval prior to beginning construction activities, a detailed construction schedule with a contingency plan to assure that all water releases from Whiskeytown Reservoir can be made as scheduled and for emergency pur- poses, and establishing the dates on which construction activities on Bureau facilities will be undertaken and completed. The City will schedule its construction work so the Bureau facilities will be out of service a minimum time. During the periods when construction activities are necessary on Bureau facilities, a Bureau inspection team will inspect the quality of construction activities affecting the integrity of Bureau facilities and must approve those activities before additional work proceeds. The Bureau shall make best effort to make approval in a timely manner so construction is not delayed. The City shall, on the first and third Thursdays of each month, submit to the Bureau for approval a current construction schedule for all construction which may affect the Bureau's facilities or operations. Except in emergency situations, the Bureau will provide the City two working days advance notification of any items within said construction schedule which the Bureau determines must be changed to protect the Bureau's facilities or to maintain the Bureau's operations. All construction activities will be undertaken in accordance with the most current construction schedule as revised to satisfy Bureau concerns. (i) The City shall furnish to the Bureau all revisions to the designs and plans for the Whiskeytown Power Project which may affect 5 411 the Bureau's facilities or operations at least 30 days prior to the construction of any facilities in accordance with such revisions. Also, the City is to provide to the Bureau manufacturer 's drawings and repro- ducible (Mylar) as-built drawings of the Whiskeytown Power Project, which are the same size as the original drawings, within 3 months after comple- tion of the project. (j) The construction of the Whiskeytown Power Project shall not interrupt or interfere with the operation and maintenance of Whiskeytown Dam and Reservoir or the delivery of water therefrom. 3. Ownership (a) Title to all Bureau lands, Whiskeytown Dam, appurten- ant facilities and equipment presently in the United States ownership shall remain in United States ownership. (b) City shall have title to all Whiskeytown Power Project structures including the turbine_and. generator and all appurtenant works, provided, however, that all new structural components of the Whiskeytown Power Project which are modifications to the existing facilities presently in United States ownership, including the Wye branches, new sections of penstock up to and including the cutoff valves, the vault housing the cutoff valves, and the automatic control system for the existing outlet works discharge valves shall not be altered, replaced or removed without the express written consent of the Bureau and, in the event that said Whiskeytown Power Project is abandoned or removed by the City, said components shall remain an integral part 6 of the existing facilities and title thereto shall pass to the United States by virtue of said action. 4. Access (a) The Bureau, its agents and contractors, shall at all times have free and unrestricted access to, through, and across all lands and the facilities described in Article 3, except the Project powerplant building after completion of construction, absent Bureau approval of temporary obstructions during Whiskeytown Power Project construction or maintenance activities. (b) The City, its agents and contractors, shall at all times have free and unrestricted access to all facilities described in Sub- article 3(b) except for restriction of vehicular access caused by tempo- rary obstruction as may from time-to-time exist during Bureau construc- tion or maintenance activities. 5. Operations (a) The Whiskeytown Power Project will be operated only when the Bureau determines that downstream flow and Bureau water delivery requirements equal or exceed the minimum flows required to operate the Project powerplant or when water is spilled from Whiskeytown Reservoir. (b) The maintenance of releases of water from Whiskeytown Reservoir, as determined by the Bureau, will have priority over Whiskeytown Power Project operations. When downstream flow and Bureau water delivery requirements exceed the discharge capability of the Whiskeytown Power Project powerplant, powerplant discharges will be supplemented by the Whiskeytown Dam discharge valves to meet and main- tain those requirements. At no time, except when Whiskeytown Reservoir 7 • • is spilling, will releases from the Project powerplant be allowed to exceed downstream flow and Bureau water delivery requirements. If the Bureau discovers releases are exceeding said requirements due to: (1) Malfunction of the control system on the outlet works valves, the Bureau will promptly correct the problem; (2) Malfunction of the Project powerplant, the Bureau will notify the City; City will promptly correct the problem and credit the United States in accordance with Article 7. If the City fails to reduce the Project powerplant discharge within 2 hours, the Bureau will close the cutoff valves until the Bureau is notified that the proper Project powerplant repairs or modifications have been made. (c) When Project powerplant load rejection occurs, the dis- charge valves must automatically open to a predetermined setting to maintain releases. The City will be responsible for the costs of repair of any damage caused by high hydraulic pressures resulting from load rejection or caused by backflow in -the irrigation delivery pipeline as the result of turbine runaway or failure of an upper limit switch on the outlet valves. Payments will be made in accordance with Article 11 . (d) During unusual operation conditions or emergency situa- tions, as determined by the Bureau, the Bureau will advise the City of the situation. The City will shut down the Project powerplant or, if sound engineering logic dictates the Project powerplant should be shut down and the City fails to comply, the Bureau may close the cutoff valves. 8 • (e) The City shall prepare and update as necessary a "Descrip— tion of Operations" defining the coordination between the operation of the Project powerplant and the operation of the Whiskeytown Dam outlet works valves. (f) The Standing Operating Procedures for Whiskeytown Dam shall be revised by the Bureau in consultation with the City to incorporate the addition of the Whiskeytown Power Project and its operation. The City shall reimburse the Bureau for the costs of revisions as provided for in Article 11 . (g) No change to the Whiskeytown Power Project, which in the opinion of the Bureau is substantial and may affect the structural integrity of Whiskeytown Dam or the operation of Whiskeytown Reservoir, shall be made by the City without first obtaining the written consent of the Bureau. - (h) The City will reimburse the Bureau for all costs incurred by the Bureau for repair of any damage to Bureau lands or facilities resulting from the construction, operation, or maintenance of Whiskeytown Power Project. Payments of such costs will be made in accordance with Article 11 . (i) City and Bureau operational activities shall be closely coordinated to minimize operational conflicts and interference. (j) The City will reimburse the Bureau for the cost of Bureau activities in excess of Bureau requirements which are attributable to the construction, operation, or maintenance of the Whiskeytown Power Project. Payments of such costs will be made in accordance with Article 11 . 9 • 6. Discharge Measurement Discharge measurements shall be derived from verified Project powerplant discharge tables which the City will develop and provide to the Bureau. The discharge tables will not have an error factor greater than + 5 percent. The City, with Bureau observation, will semiannually verify the discharge tables by the utilization of calibrated equipment mutually agreeable to the City and the Bureau. Verification reports or revised discharge tables shall be provided to the Bureau promptly after completion. 7. Liquidated Damages Nothing in this Agreement shall be construed as authorizing the City to release more water into Clear Creek from the Whiskeytown Power Project than specified by the Bureau. If the Bureau upon receipt of new verified discharge tables in accordance with Article 6 finds that the values in the revised discharge-tables exceed the values in the previous tables indicating that more water has been released through the Whiskeytown Power Project than specified by the Bureau, the City will replace in kind all energy which would have been generated by passing said excess water through the Bureau power facilities at Spring Creek and Keswick Dams in accordance with a letter agreement with the Western Area Power Administration attached hereto as Exhibit D. 8. Interruption of Releases Releases from Whiskeytown Reservoir shall not be interrupted by the City, its agents or contractors for operation or maintenance of the Whiskeytown Power Project except with prior approval by the Bureau. The 10 • • City will be responsible for notifying downstream water users and prop- erty owners of any significant interruptions of such releases. 9. Maintenance (a) The City will be responsible to perform the full main- tenance of and to pay the total cost of maintenance of all structures, features, and facilities which are constructed or installed as part of the Whiskeytown Power Project. (b) The City will be responsible for maintaining the existing Bureau road shown on Exhibit C and described in Exhibit B used by the City, its contractors and agents in a satisfactory condition as deter- mined by the Bureau during the construction period. After construction of the Whiskeytown Power Project is completed, the City will restore said road to its preconstruction condition and will reimburse the Bureau for 50 percent of the costs of the normal maintenance of said Bureau road. Payments will be made in accordance with Article 11 . (c) The City's maintenance of the Whiskeytown Power Project will not interfere with Bureau maintenance of Whiskeytown Dam. 10. Inspection by the Bureau after Construction (a) The Bureau shall have the right to inspect the Whiskeytown Power Project during Review of Operation and Maintenance (RO&M) Examinations of Whiskeytown Dam to ensure said project is being operated and maintained in a condition which will not endanger the structural integrity of Whiskeytown Dam and appurtenances, or the operations of Whiskeytown Reservoir. These RO&M Examinations shall occur at intervals determined by the Bureau. 11 • 110 • (b) Copies of all RO&M Examination reports shall be provided to the City and FERC by the Bureau. The City shall reimburse the Bureau for the costs of the portion of the RO&M examination associated with the examination of the Whiskeytown Power Project and for costs of any addi- tional inspections or investigations determined necessary by the Bureau as the result of conditions observed during the RO&M examinations. Payments for said examinations, inspections, and investigations will be made in accordance with Article 11 . (c) The City will promptly correct all deficiencies identified in the Bureau's inspections or investigations including RO&M examina- tions. Should the City fail to make necessary repairs in a timely and acceptable manner , the repairs may be made by the Bureau and the City will reimburse the Bureau for the costs of said repairs. Payments for such repairs will be made in accordance with Article 11 . 11 . Payments The City shall submit full and proper payment for all charges specified in this contract to the Bureau within 30 days of receipt of the billing. _ The City shall pay a late payment charge on installments or charges which are received after the due date. The late payment charge percentage rate calculated by the Department of the Treasury and published quarterly in the Federal Register shall be used: Provided, That the late payment charge percentage rate will not be less than 0.5 percent per month. The late payment charge percentage rate applied on an overdue payment will remain in effect until payment is received. The late payment rate for a 30-day period will be determined on the day 12 S • immediately following the due date and will be applied to the overdue payment for any portion of the 30-day period of delinquency. In the case of partial late payments, the amount received will first be applied to ; the late charge on the overdue payment and then to the overdue payment. 12. Conflicts If any terms or conditions of this Agreement conflict with any terms or conditions of FERC License No. 2888-002 for the Whiskeytown Power Project, the terms of said FERC license shall prevail. 13. Notices Any notice, demand, or request authorized or required by this Agreement shall be deemed to have been given, on behalf of the City, when mailed, postage prepaid, or delivered to the Regional Director, Mid-Pacific Region, Bureau of Reclamation, 2800 Cottage Way, Sacramento, California 95825-1898 and on behalf of the Bureau, when mailed, postage prepaid, or delivered to the City Manager of the City of Redding, 760 Parkview Avenue, Redding, California 96001 . The designation of the addressee or the address may be changed by notice given in the same manner as provided in this article for other notices. 14. Liability The City hereby agrees to indemnify and hold harmless the Bureau, its agents and employees, from any loss or damage and from any liability on account of personal injury, death or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the City's activities under this Agreement. The Bureau shall not be liable for damages or loss of revenue 13 • . • • due to changes in Bureau operational procedures or policies or change in tailwater or reservoir water surface elevations. 15. Equal Opportunity During the performance of this Agreement, the City agrees as follows: (a) The City will not discriminate against any employee or applicant for employment because of race, color , religion, sex, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color , religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer ; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The City agrees to post _fn conspicuous places, available to employees and applicants for employment, notices to be provided by the Bureau setting forth the provisions of this nondiscrimination clause. (b) The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without discrimination because of race, color , religion, sex, or national origin. (c) The City will send to each labor union or representa- tive of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Bureau, 14 I advising the said labor union or workers' representative of the City's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations and relevant orders of the Secretary of Labor. (e) The City will furnish all information and reports required by said amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Bureau and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the City's noncompliance with the non- discrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended, in whole or in part, and the City may be declared ineligible for further Government contracts in accordance with procedures authorized in said amended Executive Order, and such other sanctions may be imposed and remedies invoked as provided in said Executive Order , or by rule, regulation, or order of the Secretary of Labor , or as otherwise provided by law. (g) The City will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant 15 • to Section 204 of said amended Executive Order , so that such provisions will be binding upon each subcontractor or vendor . The City will take such action with respect to any subcontract or purchase as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however , That in the event the City becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the City may request the Bureau to enter into such litigation to protect the interest of the United States. 16. Title VI, Civil Rights Act of 1964 (a) The City agrees that it will comply with Title VI of the Civil Rights Act of July 2, 1964 (78 Stat. 241) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulation, no person in the United States shall, on grounds of racer color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination under any program or activity for which the City received financial assistance from the United States and hereby gives assurance that it will immediately take any measures to effectuate this Agreement. (b) If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the City by the United States, this assurance obligates the City, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose 16 • involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the City for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the City for the period during which the Federal financial assistance is extended to it by the United States. (c) This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the City by the United States, including install- ment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The City recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this judicial enforcement of this assurance. This assurance is binding on the City, its successors, transferees, and assignees. 17. Certification of Nonsegregated Facilities The City hereby certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at a location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The City agrees 17 • that a breach of this certification is a violation of Title VI, Civil Rights Act of 1964. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. 18. Officials Not to Benefit (a) No member of or delegate to Congress or resident commis- sioner shall be admitted to any share or part of this Agreement or to any benefit that may arise herefrom but this restriction shall not be con- strued to extend to this Agreement if made with a corporation for its general benefit. (b) No official of the City shall receive any benefit that may arise by reason of the execution of this Agreement other than as a landowner within the City and in the same manner as other landowners within the City. 19. Term of License and Agreement This License Agreement shall become effective on the day of execution by the Bureau and shall terminate February 28, 2033, or upon termination or transfer of FERC License No. 2888-002 unless it is terminated by the Bureau upon 180 days written notice in the case of repeated violations by the City of the terms of this agreement. 18 I • IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. THE UNITED STATES OF AMERICA By Regional Director , Mid-Pacific Region, BUREAU OF RECLAMATION CITY OF REDDING By Mayor Attest: By City Clerk - 19 • Exhibits A Letter of Agreement No. 1-07-20-X0168 B .Description of Project Boundaries C Project Boundaries for City of Redding' s Whiskeytown Hydroelectric Project D Letter Agreement Between City of Redding and Western Area Power Administration Unit States Department of OcInterior \\'ATER AND POWER RESOURCES SERVICE •�, , MID-PACIFIC REGIONAL OFFICE 2800 COTTAGE WAY IN Rim SACRAMENTO, CALIFORNIA 95825 REFLR T0: MP-440 604./832. JAN 151981 • William Brickwood, City Manager 760 Parkview Avenue Letter of Agreement Redding, California 96001 No. 1-07-20-X0168 Dear Mr. Brickwood: This Letter of Agreement is in regard to the City of Redding's (City) proposed hydroelectric development at Whiskeytown Dam and Red Bluff Diversion Dam, Central Valley Project. As agreed between the City and the Water arid Power Resources Service (Service) , the Service is to perform a technical review of data, criteria, design, and drawings, including construction inspection and negotiations of an. operating agreement for the proposed power projects. Since the powerplants will become an integral part of Whiskeytown Dam and Red Bluff Diversion Dam, we are obligated and intend to review the data in sufficient detail to assure the saf _y and integrity of our Federal facilities and minimize the disruption of project. operations. The City hereby agrees to pay, on a periodic advance basis, the costs incurred ., the Service in performing the review, including an amount for administrative cy-. -~- head, Expenses incurred by the Service in accordance with this agreement shat-":. - not exceed $90,000 except by mutual agreement by the City and Service. The ' will receive a periodic accounting of costs incurred by the Service and reque<.'.:. for additional advances as required; An- initial advance of $5,000 is request_: for the Service to initiate the review. Any unexpended fund balance in excel.:- future estimated costs will be refunded to the City. If you agree with the above, please sign the duplicate copy of this Letter of Agreement. The signed duplicate copy should then be returned to the Regional Director, Water and Power Resources Service, 2800 Cottage Way, Sacramento, - - California 95825, along with a certified copy of your City Council's resolution authorizing the signature of the City Manager and your initial $5,000 advance. This Letter of Agreement supercedes the letter agreement dated December 12, 1980, that was previously submitted to you. - Sincerely yours, DAVID P. SCHUSTER -In duplicate ACTING REGIONAL DIRECTOR City of Redding City Manager Date EXHIBIT A • DESCRIPTION OF PROJECT BOUNDARIES FOR CITY OF REDDING HYDROELECTRIC PROJECT AT WHISKEYTOWN DAM Two tracts of land in Section Twenty-seven (27) , Township Thirty-two (32) North, Range Six (6) West, Mount Diablo Meridian, County of Shasta, State of California, and separately described as follows: TRACT ONE: Beginning at the section corner common to Sections 26, 27, 34, and 35 of T. 32 N. , R. 6 W. , M. D. M. : thence along the South line of Section 27, South 85°50'36" West, a distance of 2469.60 feet to the South 1/4 corner of Section 27; thence from said South 1/4 corner North 39°50'02" West, a distance of 2336. 15 feet to control point #1 being the intersection of the centerlines of the Outlet Works at Station 20+22 and the Spillway at Station 17+00 of Whiskeytown Dam, as shown on the United States, Department of the Interior, Bureau of Reclamation, Central Valley Project, Trinity River Division, California, Whiskeytown Dam Drawings 416-D-882, 416-D-880, and 416-D-879; having California State Coordinates of North 460,846.26 and East 1,850,778.00; thence North 03°00'00" East, a distance of 245.36 feet along the centerline of said Outlet Works to a point being on the face of the Outlet Structure at Station 17+76.64 as shown on said drawings, having California State Coordinates of North 461,091.28 and East 1,850,790.84; to the true point of beginning from which a 3" brass cap marked U.S. Bureau of Reclamation bears North 48°47'00" East, a distance of-66;51 -feet; also from which a 3" brass cap marked U.S. Bureau of Reclamation bears South 10°52'00" East, a distance of 422. 60 feet; thence North 82°19'00" West, a distance of 11. 75 feet; thence South 32°45'00" West, a distance of 76.00 feet; thence North 43°21'00" West, a distance of 130.00 feet; thence North 59°12'00" East, a distance of 167.00. feet; thence South 85°28'00" East, a distance of 29.00 feet; thence South 08°20'00" West, a distance of 43.00 feet; thence South 21°00'00" West, a distance of 27.00 feet; thence South 04°07'00" West, a distance of 15.04 feet to a point hereafter referred to as Point "A"; thence South 04°07'00" West, a distance of 33.31 feet; thence North 87°00'00" West, a distance of 11.00 feet to the true point of beginning. EXHIBIT B - SHEET 1 of 2 . . • •• , • TRACT TWO: A tract of land having a uniform sideline boundary width of 24 feet, where measured at right angles or radially, lying within 12 feet on each side of the following described centerline: Beginning at that point in Tract One referred to as Point "A"; thence South 72°36'45" East 79.78 feet to the beginning of a curve concave to the west having a radius of 56.20 feet; thence southeasterly and southwesterly 93.81 feet along said curve through a central angle of 95°38'39"; thence South 23°01'54" West 38.34 feet to the beginning of a curve concave to the east having a radius of 82.84 feet; thence southwesterly and southeasterly 100.53 feet along said curve through a center angle of 69°31'53"; thence South 46°29'59" East 91.05 feet to the beginning of a curve concave to the west having a radius of 53.20 feet; thence southeasterly and southwesterly 111.02 feet along said curve through a central angle of 119°33'48"; thence South 73°03'49" West 52.23 feet to the beginning of a curve concave to the southeast having a radius of 88.00 feet; thence southwesterly 88. 72 feet along said curve through a central angle of 57°45'46"; thence South 15°18'03" West 13.89 feet to the beginning of a curve concave to the east having a radius of 53.95 feet; thence southwesterly and southeasterly 61. 16 feet along said curve through a central angle of 64°57'05"; thence South 49°39'02" East 73.40 feet to the beginning of a curve concave to the southwest having a radius of 905.75 feet; thence southeasterly 207.94 feet along said curve through a central angle of 13°09' 13"; thence South 36°29'49" East 171.48 feet to the beginning of a curve concave to the northeast having a radius of 226.47 feet; thence southeasterly 73.32 feet along said curve through a central angle of 18°33'00"; thence South 55°02'49" East 66.02 feet, more or less, to and terminating at the intersection with the roadway of Whiskeytown Dam Access Road. The sideline boundaries of said tract of land are to be lengthened or`shortened, as the case may be, so as to begin in the easterly boundary ofthe hereinbefore described Tract One and to terminate in the westerly right-of-way of the Whiskeytown Dam Access Road. The bearings and distances used in the above descriptions are on the California Coordinate System, Zone 1. Multiply the distances shown by 1.000182 to obtain ground level distances. EXHIBIT B - SHEET 2 of 2