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CITY OF SAN BERNQblNO - REQUEST F:R COUNCIL ACTION
From:
James C. Richardson, Deputy Ci~C!g~H~~t to delay or stop the
Administrator-Development Services ~ta~eproject on the second after-
Administration 1989 ffB -9 fR-Y?:~Devil Canyon Power Plant
1n ~er~emont ~
February 9, 1989 -1'- l
Dept:
Date:
Synopsis of Previous Council action:
None.
Racommended motion:
That the Mayor and Common Council direct the Mayor to formally request
the State Department of Water Resources (DWR) to voluntarily discontinue
planning for the second afterbay of the Devil Canyon Powerplant and
consider alternative sites; and direct the City Attorney to prepare a
resolution to file an injunction to stop the project if voluntary
compliance is not forthcoming from the State DWR.
cc: Councilman Tom Minor
James F. Penman, City Attorney
James E. Robbins, Acting City
Administrator
Brad Kilger, Planning Director
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S ignatu re
Contact person:
Councilman Tom Minor
Phone: 5278
Supporting data attached: Staff Report, 2/1/89 Meeting Ward: 5
menaa ana 1/4/~~ Letter to the
te DWR
FUNDING REQUIREME: Amount: N/A
Source: (Acct. No.)
(Acct. OescriDtionl
Finance:
Council Notes:
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CITY OF SAN BERNODINO - REQUEST FU COUNCIL ACTION
STAFF REPORT
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On February 1, 1989, the state Department of Water Resources
(DWR) held a public information meeting at the Little League
Headquarters in Verdemont on a construction project at the
Devil Canyon Power Plant. Attached is a copy of the agenda
and a fact sheet prepared by the state DWR. The approximate
location is one fourth mile west of the Devil Canyon Power
Plant and one fourth mile north of Ohio Avenue. The 2/1/89
meeting was requested by the Deputy city Administrator for
Development Services to provide information on the
construction of a second afterbay which would provide water
storage for the power plant. The Planning Department received
information on this project on October 12, 1988, although the
State DWR had issued the report in May of 1988. The City
staff met several times with State representatives outlining
concerns about the project. Attached is a letter dated
January 4, 1989, outlining the results of the City and State
meetings. It was understood that a report would be made
available to the state Division of Dams and Safety at the
time the informational meeting was scheduled, however, at the
urging of State Officials, Local Officials and citizens, the
meeting was~ scheduled due to the urgent concerns of the
citizenry. (The primary concern of the construction of a
water reservoir in close proximity to residences was that of
safety. ") Additionally, there were other concerns raised at
the February 1st meeting regarding the aesthetic appearance
of the facility and the need for landscaping, as well as the
use of property near the planned facility for a hang glider
park. Although no official position has been taken by the
ci ty , the concerns of safety, construction techniques and
landscaping were expressed to the State. Of interest to the
City of San Bernardino is the possibility that the State DWR
would construct drainage improvements in the Bailey Creek
Channel area, which would further development, public
infrastructure and safety in the Verdemont area.
The State officials were unable to allay the fears of
property owners with regard to safety and were unable to
address the issue of potentially decreasing property values
during the February 1st meeting. The discussion at the
2/1/89 meeting was very heated at times and Councilman Tom
Minor of the fifth ward indicated his serious concerns about
the project. Specifically, Mr. Minor indicated that he would
be asking the Mayor and Council to consider action that would
request the State to discontinue planning efforts on the
project and look at alternate sites. If the State would not
voluntarily respond to this request, then Councilman Minor
felt it would be appropriate for a resolution to be prepared
directing the city Attorney to file an injunction to stop the
second afterbay project. In the past, the Planning
Department expressed concerns about the environmental review
15-0264
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Request for Council Action Staff
Delay of State Project on Second
February 9, 1989
Page 2
Report
Afterbay
process utilized by the State DWR, and that may be sufficient
basis to pursue legal action. Additional considerations
would include the safety of the facility in the case of an
earthquake due to the close proximity of the San Andreas
fault line, as well as other issues with regard to
landscaping and property values. The form motion is
recommended that addresses the concerns of the fifth ward
Councilmember and the citizens in attendance at the 2/1/89
meeting.
C. RICHARDSON,
De uty City Administrator -
Development Services
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DBVIL CUYOM POWBRPLUT PROJBC'1'
MEETING:
DATE:
TIME:
LOCATION:
CITY, DWR & PUBLIC
Feburary 1, 1989
7:00PM
SENIOR LITTLE LEAGUE COMPLEX
SAN BERNARDINO, CALIFORNIA
AGENDA:
)
1.
INTRODUCTION:
James Richardson, city
II. CITY' STATE COOPERATION:
Herb Wessel, City
II. CALIFORNIA AQUEDUCT:
Don Colson, DWR
III. EIR & FERC APPLICATION:
Ron Shimizu, DWR
IV. RIGHT OF WAY:
Connie Anderson, DWR
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V.
SECOND AFTERBAY:
Don Colson, DWR
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VI. QUESTION' ANSWERS:
PUBLICjCITYjDWR
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DBVIL CUYO. 'BCOW UBDAY
Februray 1, 1989
Location: Approximately one-fourth mile west of Devil Canyon
Powerplant and one-fourth mile north of Ohio Avenue
After~ay storage capacity: 800 acre-feet
Cost Bstimate (1988$):
Design and Construction =
Purchase of Right of way =
Total =
$23.23 million
i ~ million
$28.08 million
Planned start of Construction: September, 1990
On-line Date: May, 1992
Projeot Land Required:
Afterbay
Roads, cut and fill slopes
Undisturbed Area
35 acres
160 acres
30 acres
Purpose of Paoility:
Provide peaking capacity, spinning reserve, and
operating flexibility, and eliminate risk of spills.
Bnlarged Powerplant Capaoity: 240 megawatts
Description:
Storage facility constructed entirely belgw existing
ground surf~ce and lined with impervious membrane.
Safety peature.:
1. Below ground construction and ample freeboard
prevent risk of spills caused by earthquakes.
2. Impervious membrane lining will prevent water
seepage.
3. Department property will be fenced so the
facility does not become an attractive nuisance.
4. A second fence, hidden from public view, will
encircle the ~fterbay.
5. Intrusion alarms will be installed.
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Ag.DOJ .artioipatioDI
State agencies, San Bernardino County Flood Control
District, and City of San Bernardino
IaprOV".Dt. to Public Facilities:
Paving on Ohio Avenue and Pine Avenue, reimbursement
for water main costs, dedication of land to city of
San Bernardino for park, landscaping dedicated land to
provide greenbelt area, and improvement of Bailey
Creek drainage channel.
BDvironaeDtal MitigatioD:
A botanical survey was conducted by staff of the U.C.
Riverside Department of Botany and Plant Science to
identify the plant species in the construction area,
identify the impact of the project, and propose
aitigation measures. Mitigation measures have been
coordinated with the Department of Fish and Game. All
disturbed areas, including the slopes, will be re-
vegetated.
Bnvironaental Documentation and FBRC Licensel
Completed EIR on East Branch Enlarqem~nt
Completed Addendum to East Branch EIR
Filed Notice of Determination
Filed FERC Amendment Application
FERC Approval expected
April, 1984
May, 1988
June, 1988
Jan., 1989
Jan., 1990
Public ..eUngl
The city of San Bernardino will hold a public meeting
regarding this project on February, 1st, 1989.
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OFFICE OF THI CITY ADMINISTRATOR
January 4, 1989
Mr. Viju Patel, Chief
Energy Division
Department of Water Resources
P.O. Box 942836
Sacramento, CA 94236-0001
Dear Mr. Patel:
As you are aware, the State Department of Water
Resources (DWR) plans to construct a $22 million water
storage facility in the Verdemont area of the City of San
Bernardino. This letter is in follow-up to an application
for amendment to license Project No. 2426 before the Federal
Energy Regulatory Commission to increase the afterbay storage
at the Devil Canyon Power Plant. On November 29, 1988, City
Staff met with representatives from the DWR to discuss the
proposed project. At that time, the State was provided with
an environmental impact report on the Verdemont Area Plan.
For your information, the following is a summary of the items
discussed:
1) The State Department of Water Resources (DWR)
project will provide a lesser density than the
approved housing tract development.
2) There will not be a negative impact to City
services as a result of the project.
3)
The State is utilizing
on the Second Afterbay
safety.
an asphaltic
to help insure
membrane
seismic
4) The State is to construct an off-site debris
basin and finish the Baily Canyon Channel for
eventual dedication to the City and
maintenance by the Flood Control District.
5)
The city will conduct
for the Baily Creek
to be approved by
Council.
the environmental review
Channel and debris basin
the Mayor and Common
6)
The
construction of the Second
Afterbay
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300 NORTH '.0' STREET, SAN BERNARDINO.
CALIFORNIA 92418.0001 714/3'4.1122
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Mr. viju Patel, Chief
Jart'J.ary 4, 1989
Page 2
facility is sufficiently designed for
liquefaction and seismic safety in that area.
7)
There will be drainage
Creek to meet a "worse
situation.
through Devil Canyon
case scenario" flood
8)
A public
include
from the
safety.
Landscaping improvements
this facilty is more
community.
informational meeting will be held to
a revised site plan and the report
Dams and Safety Division on seismic
9)
will be made so
attractive to
that
the
10) Open space is to be developed following city
landscape standards.
11) This passive open space area is to be
dedicated to the city for maintenance purposes
through a . landscape maintenance district
subject to approval by the Mayor and Common
Council.
12) City street standards to be provided as a
guide for the State DWR. The city recognizes
that the State will advise contractors of the
sensitivity of the neighborhood to noise,
traffic, dust control, construction debris,
etc.
13) City staff has provided State representatives
with information on Tract No. 11291 (Monnig
Development), which requires street
improvements on Ohio Avenue, street lights,
sidewalks and water mains.
14) When the Verdemont Triangle property is
developed, the City will be allowed to extend
Huntington Drive northward across the
Department's access to Palm Avenue. At that
time, the portion of the access road to the
west of Huntington Drive would be dedicated to
the city.
15) The perimeter fence has been relocated to a
berm halfway up the landfill slope. The
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Mr. Viju Patel, Chief
January 4, 1989
Page 3
service road will also be on this berm.
16) It is suggested that a temporary on-site
concrete/asphalt batch plant be established as
a means of reducing truck traffic in the area.
17)
Primary access to
Avenue to the new
Avenue access Road.
construction site is Palm
Penstock Road via Palm
18) storm drain at pine and Ohio will be either
taken down Redwood to Devil Creek Canyon or
tied into Bailey Creek Channel.
19) Fire fighting and other emergency access to be
provided.
20) The city will provide coordination in
potential relocation of hang gliding landing
site.
The
comments
December
aforementioned outlines our understanding of the
at the November 29th meeting and a review of a
13th draft of our comments.
If you should have any questions or comments regarding
the above, please do not hesitate to contact me at (714) 384-
5270.
Sincerely,
~~
AMES C. RICHARDSON,
eputy City Administrator -
Development Services
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cc: Mayor & Common Council
Acting City Administrator
Public Works Director/
City Engineer
Parks & Recreation Director
General Manager, Water
Department
Community Development
Director
Planning Director