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HomeMy WebLinkAbout27-City Administrator - '~I~' OF SAN _RrQRDINO - REQUEST t:6.. COUNCIL ACTION From: James C. Richardson, Deputy Ci~~~M~~t to delay or stop the Administrator-Development Serv1ces . ~ta~e'project on the second after- Administration 1989 ffB -9 \'Jty?;~Devi1 Canyon Power Plant 1n ~er~emont ~ February 9, 1989 -1'- 1 Dept: D8tll: Synopsis of Previous Council action: None. Recommended 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 Powerp1ant 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 Ki1ger, Planning Director 21--~ t2~'""c4, Signatu re Contact person: Councilman Tom Minor Phone: 5278 Supporting data attached: Staff Report, 211789 Meeting Ward: 5 menaa ana ~/4/~~ Letter to tne te DWR FUNDING REQUIREME: Amount: N/A Source: (Acct, No.! (Acct, Descrilltion) Finance: Council Notes: ~-- _ 7 - - - - '~IT~' OF SAN BER~RDINO - REQUEST ~ COUNCIL ACTION STAFF REPORT On February 1, 1989, the state Department of Water Resources (DWR) held a public information meetinq at the Little Leaque Headquarters in Verdemont on a construction project at the Devil Canyon Power Plant. Attached is a copy of the aqenda 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 meetinq was requested by the Deputy city Administrator for Development Services to provide information on the construction of a second afterbay which would provide water storaqe for the power plant. The Planninq Department received information on this project on October 12, 1988, althouqh the state DWR had issued the report in May of 1988. The City staff met several times with state representatives outlininq concerns about the project. Attached is a letter dated January 4, 1989, outlininq the results of the city and State meetinqs. It was understood that a report would be made available to the State Division of Dams and Safety at the time the informational meetinq was scheduled, however, at the urqinq of State Officials, Local Officials and citizens, the meetinq was scheduled due to the urqent 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 meetinq reqardinq the aesthetic appearance of the facility and the need for landscapinq, as well as the use of property near the planned facility for a hanq qlider park. Althouqh no official position has been taken by the city, the concerns of safety, construction techniques and landscapinq were expressed to the State. Of interest to the City of San Bernardino is the possibility that the State DWR would construct drainaqe 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 reqard to safety and were unable to address the issue of potentially decreasinq property values durinq the February 1st meetinq. The discussion at the 2/1/89 meetinq 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 askinq the Mayor and Council to consider action that would request the State to discontinue. planninq 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 directinq the City Attorney to file an injunction to stop the second afterbay project. In the past, the Planninq Department expressed concerns about the environmental review - ....... -- o o 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 ty City Administrator - Development Services mtb - . '_""_d,.~., ,-'t' """...,_." -1,'" '''''..Jo'''''' ,- .r....-:t:.,'...' .'. ,.....,...'".,,-...,,", . . .,".", '< .... ";!to ; "-f~ " .~!1\,j;1,,~.:;;,:.;.._. )-.... ~'l'.-;;:r;'" ' " '~~ 0" . "":~';'~:~:/;..~~:~~;~f~t:;~ PUBLIC ..B"I.O DBVIL cutYO. J01IBRPLUl'I PROJBCT MEETING: DATE: TIME: LOCATION: CITY, DWR , PUBLIC Feburary 1, 1989 7:00PM SENIOR LITTLE LEAGUE COMPLEX SAN BERNARDINO, CALIFORNIA AGENDA: ( I. INTRODUCTION: James Richardson, city ~ f ,i II. CITY' STATB COOPERATION: Herb Wessel, city t II. CALIFORNIA AQUEDUCT: . f Don Colson, DWR .f 'j III. EIR , FERe APPLICATION: Ron Shimizu, DWR ~ IV. RIGHT OF WAY: Connie Anderson, DWR ,~ i j t V. SECOND AFTERBAY: Don Colson, DWR VI. QUESTION' ANSWERS: PUBLIC/CITY/DWR o J '~" "-'~'r,~" -;i" , _,}~,,,,", ',1'~, - , - - -', "-'~" -'.'--,,!', ..' '-. ,:'H",; ,,"-,..~~..,-, -...r{.,;",-""'''-~ o. DIVIL CAJm)JI .ICOIID ~T --------------------------- Pebruray 1, 1989 Location: Approximately one-fourth mile west of Devil Canyon Powerplant and one-fourth mile north of Ohio Avenue Afterbay storage capacity: 800 acre-feet Cost Bsti..te (1988$): Design and Construction - Purchase of Right of way - Total - $23.23 million i L.ll million $28.08 million Planned start of construction: September, 1990 On-line Date: May, 1992 Project Land Required: Afterbay Roads, cut and fill slopes Undisturbed Area 35 acres 160 acres 30 acres Purpos. of ~aoility: Provide peaking capacity, spinning reserve, and operating flexibility, and eliminate risk of spills. Bnlarged Powerplant capacity: 240 megawatts Desoription: Storage facility constructed entirely be~weXisting ground surf~ce and lined with illperviou.meJlbrane. safety ~eatures: 1. Below ground construction and ..pIe 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 bec~ an attractive nuisance. 4. A second fence, hidden froa public view, will encircle the afterbay. 5. Intrusion alarms will be installed. ~"."':'" "",' "-:--"1, ' , ! -~ ~ ~ " If I \ .J 1 , '- I i i , . t l ~ I _l>'~'~.""'" " . r- J".~""",,,.~.,:, ~~r>._,~ . . _...., " ,_ ~ , . ~. <i""'~f<~.,,, . ,. k~ .,'" ;. i '\' ....'0 ~.,'". ." ...~'''' '...."..~"',"~'''l''~..:;;s:J''''''.,..,. N~I'P.~., "".", - - '''' - ';!'" '. ./ _ ,;~~'-t..:'::!<';:.:'''_'i.':';''.',~:~~;::: AgeDaJ .artioipationl State agencies, San Bernardino County Flood Control District, and city of San Bernardino Iaprov..ent. to PUblic ~acilitie.. 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. BDviro..ental Mitigation. 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 .itigation measures. Mitigation measures have been coordinated with the Department of Fish and Game. All disturbed areas, including the slopes, will be re- ,vegetated. l i 1 1 BDviro..ental Documentation ..4 ~BRC Licen.el COmpleted EIR on East Branch Enlargement Completed Addendum to East Branch EIR Filed Notice of Determination Piled PERC Amendment Application PERC Approval expected April, 1984 May, 1988 June, 1988 Jan., 1989 Jan., 1990 , j - ,hblio....tiagl The City of San Bernardino will hold a public meeting regarding this project on February 1st, 1989. ... o o " ... .", c OP'ICI O' THI CITY ADIIIM.aTIIATOII January 4, 1989 Mr. Viju Patel, Chief Energy Division Departaent 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 an asphaltic on the Second Afterbay to help insure safety. 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. membrane seismic 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 lj 3 DON 0 R T H ',D' S T " E E T. SAN 8 E A N A A DIN 0 . . CALIFORNIA .2411-0001 r14/1.....112_ '.. o o -;,:( Mr. VUu P~tel, Chief oi'ai.1fifry4,.. 1989-' ~. 2 facility is sufficiently designed for liquefaction and seismic safety in that area. 7) There will be drainage through Devil Canyon Creek to meet a "worse case scenario" flood situation. 8) A public include from the safety. 9) Landscaping improvements will be made so that this facilty is more attractive to the community. informational meeting will be held to a revised site plan and the report Dams and Safety Division on seismic 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 . . : : :.,.... . . . 'He- o o Mr. Viju Patel, Chief -benUllry 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 construction site is Palm Avenue to the new Penstock Road via Palm Avenue access Road. 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, ~~ S C. RICHARDSON, puty city Administrator - Development Services mtb cc: Mayor' Common Council Acting city Administrator Public Works Director/ City Engineer Parks , Recreation Director General Manager, Water Department Community Development Director Planning Director