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:.~ 011 SAN _RriRDtNO - R.QUIIST ~ COUNCIL ACTIOII
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James C. Richardson, Deputy CiWE~~Mftp~t to delay or stop the
Administrator-Development Servic:es . Mta~e.project on the second after-
Administration . ff8 -9 \'ItY1:~ Devil Canyon Power Plant
J.n 'Ver'8.emont ~
February 9, 1989 .J~ 1
DIpt:
o.ta:
SyIIClpIiI of ,"",iou. CouncillCtion:
None.
Recemmllldlcl motion:
That the Mayor and Common Council direct the Mayor to formally request
the State Department of Water Resources I DWR) to voluntarily discontinue
planning for the second afterbay of the Devil Canyon Powerplant and
consider alternative sitesJ 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
21--....-4. t?tA4'....~"..-
Signature
ContllCtpenon: Councilman Tom Minor. Phone: 5278
SupportilltldatalllttlldJed:Staff Report, 2/1189 Meeting W....: 5
~2~naa ana ~/4/~~ Le~~er ~o ~ne
FUNDING REQUIREMElfiS!te D"lmount: N/A
Source: (Acct. No.1
(Acct. DelCriQ~ionl
FilllllCl:
....uncil NoW:
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"enY OF SAN _RQRDINO - RBQUIIST * COUNCIL MmOII
STAFF REPORT
On February 1, 1989, the state Department of Water Resources
(DNR) 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 DIfR. 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 Adainistrator 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 DIfR had issued the report in Kay 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 _de
available to the State Division of DaII8 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 pr~mary 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 podtion 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 DNR
would construct drainaqe improvements in the Balley 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 h_ted 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 Kayor 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 enviromaental review
7LM&.t.
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Request for Council Action Staff Report
Delay of State Project on Second Afterbay
February 9, 1989
Pave 2
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process utilized by the State DWR, and that may be sufficient
ba.i. to pursue leqal action. Additional considerations
would includ. the safety of the facility in the ca.. of an
earthquake due to the close proxillity of the San Andrea.
fault line, a. w.ll a. other i..ue. with reqard to
land.caping and property value.. The fOrlll motion i.
recomaended that addr..... the concerns of the fifth ward
Counci1~r and the citizens in attendance at the 2/1/89
...ting. .
C. RICHARDSON,
De ty City AdJIinistrator -
oevelopaent Service.
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DnIL CU'fOII IOIIIbLaft no.J~
MEETING:
DATE:
TIME:
LOCATION:
CITY, DWR , PUBLIC
Feburary 1, 1989
7:00PM
SENIOR LI'1"1'LE LEAGUE COMPLEX
SAN BERNARDINO, CALIFORNIA
UBllDAa
( I. INTRODUCTION: J.... Richardson, City
II. CITY , STA'l'B COOPERATION: Serb W....l, City
II. CALIFORNIA AQUEDUCT:
Don Col.on, DWR
III. EIR , PERC APPLICATION:
Ron Sbiaizu, DWR
IV. RIGB'1' OP WAY:
conni. Anderson, DWR
V. SBCOHD AFTBRBAY:
Don Col.on, DWR
. VI. QUESTION' ANSWERS:
PUBLIC/CITY/DWR
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peruray 1, 1989
Loa.~ioDI Approxilllltely one-fourth mile weat of Devil Canyon
Powerplant and one-fourth mile north of Ohio Avenue
Af~erbay aurave Cap.aitYI 800 acre-fe.t
COa~ .a~iaa~e (1988$):
Deaign and Construction -
Purchas. of Right of way -
Total _
$23.23 aillion
.1 ~ million
$28.08 aillion
>>l&88ed a~~ of CODatruatioDI S.pteaber, 1990
OIl-liDe Da~el May, 1992
fto:tea~ Lad aecp!redl
Af~erbay
Roada, cu~ and fill alopea
Undisturbed Area
hrpoH of .&ClIili~l'1
Provide peaking capacity, spinning reserve, and
operating flexibility, and eliainate risk of spills.
3S"acres
160 acres
30 aares
b1azved Powerp1aD~ capaoitYI 240 meg.watu
DesoriptioDI
storage facility constructed entirely be~u:istinv
CJround surf~ce and lined with f~rv1ous aabrana.
a.fRy ."~1Ires,
1. Below ground construction and ample freeboard
prevent risk of spills caused by earthquakes.
2. Impervious aeabrane lin1nv will prevent vatet'
...page.
3. Departaent pro"rty will be fenced so the
facility doea ~ becae an attractive nuisance.
4. A aecond fence, hidden frea public view, w111
encircle the afterbay.
5. In~rusion alarms will be insulled.
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state agencies, San Bernardino County Flood Control
District, and City of San Bernardino
z.p~....t. to 1Ub1io..oi1itie..
Paving on Obio Avenu. and Pin. Av.nue, reimbur.eaent
for vaur ..in costs, dedication. of land to City of
San Bernardino for park, landscaping dedicated land to
provide greenbelt area, and illprovement of Bailey
Creek drainage cbannel.
...izoaaeatal Kitig.tioD'
A botanical .urvey was conducted by staff of the U.C.
Rivenicle Departaent of Botany and Plant Science to
identify th. plant speci.. in th. con.truct:ion area,
14entify th. iapact: of the project, and propo.. .
utigation ..a.ure.. Mitigation ....ur.. bav. been
aoordinated with the Department of Plu and Gaae. All
di.turbed area., including th. .lopea, will be re-
. "*Jftated.
...ll'O....tal Do.:l.....t:.tloa aDd ORe Lio.....
Callpl.ted EIR on Ea.t Branch Enlargeaent
Callpl.ted Addenda to Ea.t Branch EIR
riled Notice of Deul'IIination
Piled PERC Aaenclaent Application
PERC Approval .xpected
April, 1984
llay, 1988
Jun., 1988
Jan., 1989
Jan., 1990
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ftbliollNtlJagl
'!'b. City of San Bernardino will bold a public ...ting
regarding this project: on Pebruary 1.t, 1989.
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O"ICI 0' T.. CITY A..IN'.TItATOIl
January 4, 1989
Mr. Viju Patel, Chief
BneZ'9Y Divi.ion
D8partMnt of Water Re.ource.
P.O. Box 942836
8acra.ento, CA 94236-0001
.Dear Mr. Patel:
A8 you are aware, the state Deparblent of Water
Re.ources (DIm) plans to construct a $22 .illion water
.torag. facility in the V.rd_ont area of the City of San
Bernardino. This letter is in follow-up to an application
for aaendaent to license Project No. 2426 before the Federal
BneZ'9Y Regulatory COIaIis.ion to increa.e the afterbay .torage
at the Devil canyon Power Plant. . on Nov~r 29, 1988, City
Staff ..t with representative. froa the DIm to di.cus. the.
proposed project. At that time, the state was provided :with
an environaental impact report on the V~tArea Plan.
For your inforaation, the following is a s''''-ry of the' i~
discus.ed:
1) Th. state Departllent of Water Resources (DIm)
project will provide a l....r density than the
approved housing tract dev.lopaent.
2) There will not be a negative impact to city
..rvices as a re.ult of the project.
3) The State i. utilizing an a.phaltic ..abrane
on the S.cond Afterbay to help insure .eis.ic
safety.
4) . The stat. i. to con.truct an off-.ite debris
ba.in and fini.h the Baily Canyon Channel for
eventual dedication to the City and
..intenance by the Flood Control District.
5) The City will conduct the envirOJllll8ntal revi.w
for the Baily creek Chann.l and debris basin
to ba approved by the Mayor and Coaaon
Council.
6) Th. construction of the Second Afterbay
300 NORTH ',0' ITREET, IAN IERNAROINO..
CALI'.,..... ......._""". ........... .........
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Mr. _V~1u P.tel, Chief
i8il:Qary. ,. 19 U'
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facility is sUfficiently designed for
liquefaction and seisaic safety in that area.
7) There will !:Ie drainage througb Devil canyon
Creek to meet a .worse cas. scenario. flood
situation.
8) A public informational meeting will be beld to
include a revised site plan and the report
froa the Dame and Safety Division on seisaic
saf.ty.
9) Landacapil1CJ ilaprovements will !:Ie _de so that
this facilty is 1IIOre attractive to the
coaaunity.
10)
11)
12)
13)
14)
15)
Open space is to be developed fOllowing City
landscape standarda.
This passive open space area is to be
dedicated to the City for _intenance purpoau
tbrouCJb a landscape. _intenance district
subject to approval by th. Mayor and COIIIlOn
Council.
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 neighborbOOd to noise,
traffic, dust control, construction debris,
etc.
City staff bas provided State representativ_
with information on Tract No. 11291 (IIonnig
Development), Which requires street
iaproveaents on Obio Avenue, street liCJbts,
sidewalks and water _ins.
When the Verd81llOnt Trial1CJle 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
w.st of Huntington Drive would be dedicated to
the city.
The peri_ter ft!llC8 bas been relocated to a
bera balfway up the landfill slope. The
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1Ir. Viju Patel, Chief
-treni2akj 4,. 1989 '.
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..rvice road will alao be on thi. bara.
16) It 18 s1lgge.ted that a t8llpOrary on-site
concrete/a.phalt batch plant be ..tab11l1hecl a.
a IIe&nII of reducil19 truck traffic in the area.
17) Prillary acc... to construction site 18 Pala
Avenue to the new Penstock Road via Pala
Avenue acce.. Road.
18) Stora drain at Pine and Obio will be either
taken down Reclwoocl to Devil Creek Canyon or
tied into Bailey Creek Channel.
19) Fire figbting and other eaergency acc:e.. to be
provided.
20) '1'be City will provide coordination in..
potential relocation of bang g11dil19 landing
site.
'1'be aforeaenUon~ outline. our under.tanding of the
COIIII8ntII at the Novaber 29th meeting and a review of a.
n-~~r 13th draft of our cOllll8nt..
If you sbould have any questions or cOlllllellts regarding
the above, plea.e do not be.itate to contact lie at (714) 384-
5270.
Sincerely,
~~
S C. RICHARDSON,
ty City Adaini.trator -
Developaent Services
JItb
cc: Mayor' CODon council
Acting City Aclainistrator
Pub11c Worka Director/
City Bng~er
Parka , Recr..Uon Director
General Manager, Water
Department
Comaunity Developaent
Director
Planning Director
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GEORGE DEUICMEJIAN. ao-
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~TATE Of 'CAlIFOIINIA-THE RESOURCES AGENCT
.
DEPARTMENT OF WATER RESOURCES
1416 NINTH STREET. P,O, lOX 942836
SACRAMENTO. CA 94236-0001
(916) 445-92..
March 27, 1989
Mr. James C. Richsrdson
Deputy City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Dear Mr. Richardson:
This letter is in response to the telephone conversation on March 17, 1989
between Mr. Don Colson of the' Department of Water Resources and Mr. Henry Empeno
of the City of San Bernardino. In that telephone conversation Mr. Empeno.
requested a written reply to the city's January 4, 1989 letter in response to
the DWR draft Application for License Amendment to increase the after bay storage
at the Devil Canyon Powerplant.
As you know, the Department is now in the process of licensing this project with
the Federal Energy Regulatory Commission. The approval date for the project is
dependent upon FERC's work load and schedule. Regardless of the licensing
process and resulting approval date, the Department will work with the city
towards a resolution of its questions.
Department staff has met and discussed the second after bay with the city on
several occasions and has resolved many of the items contained in the city's
letter. Additional meetings with the city are expected in order to resolve the
remaining items and finalize the Department design.
Department staff attended a public meeting on February 1, 1989 to provide
information and answer questions. DWR plans to meet again with the public in
spring at which time DWR will present a revised profile and physical model of
the second afterbay.
Enclosed are the DWR responses to the numbered items in the city's letter of
January 4, 1989.
If you hsve any questions, please call me at (916) 445-6687 or hsve your staff
call Ron Shimizu, Chief of Hydroelectric Section, at (916) 323-0105.
Sincerely,
IJ'1 ct ! ;j~ l
cc: (See attached list.)
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Viju Patel, Chief
Energy Division
Enclosure
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Mr. James C. Richardson
Page 2
March 27, 1989
Mr. Henry Empeno
Deputy City Attorney
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Mr. Herbert Wessel
General Manager,
City Water Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
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Devil Canyon Second Afterbay
Reply to January 4, 1989 comments from
the City of San Bernardino
1. True. The project will result in a lower density residential area.
2. True. There will not be a negative impact to city services.
3. The asphaltic membrane is being used to avoid seepage of water from the
second afterbay.
4. The Second Afterbay project license application as submitted to FERC
included Bailey Creek as part of the project area that would be left in
its natural state. This natural area is part of mitigation plan approved
by the California Department of Fish and Game. The Department is willing
to construct the portion of the Bailey Canyon channel that crosses its
property and build a debris basin at the northern edge of its property.
However, the city must receive all necessary approvals from appropriate
agencies, including Fish and Game, for this work. Both the channel and
debris basin will be dedicated to the city when completed.
5. True. The city will conduct the environmental studies for the Bailey
Creek channel and debris basin. The city will be responsible for all
environmental work necessary for the Department to be able to construct
the channel and debris basin work.
6. True. The second afterbay is being designed to avoid any safety hazards.
Studies of liquefaction and seismic safety are being conducted.
7. True. There will be drainage through Devil Canyon Creek for any flood
situation.
8. True. The first of several planned public information meetings was held
on February 1, 1989. Revisions are being made to the site plan as a
result of public comments. A physical model incorporating the revisions
will be presented at the next public meeting. The Safety of Dams review
process has been started. The results of the review will be made
available upon conclusion.
9. Landscaping improvements to the area adjacent to Ohio Avenue are
dependant upon the city's plans for the area. It can be dedicated to the
city for use as a park, or retained by the State and revegetated with
plants native to the area.
10. See No.9.
11. See No.9.
12. True. Contractors will be advised of the sensitivity of the neighborhood
to noise, traffic, dust, and construction debris.
13. True. The Department is discussing with the city the guidelines for the
provision of street lights, sidewalks, and water mains on Ohio Avenue.
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14. True. The city will be allowed to extend Huntington Drive northward
across the Department's access to Palm Avenue. The portion of the access
road to the west of Huntington Drive will be dedicated to the city.
15. True. The perimeter fence and service road have been relocated to a berm
halfway up the landfill slope.
16. True. A temporary concrete batch plant will be built on site.
17. Primary access to the construction site is via Palm Avenue. Heavy
equipment will use the existing Devil Canyon access road.
18. Drainage following standard practice in the area will be provided as
necessary.
19. True. Fire fighting and other emergency access will be provided.
20. The Department is working with the city regarding local hang glider
facilities.
o 0
Op,ICI 0' '"I CITY ADIIIIIII'I'''.TO''
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.
The State is utilizing an asphaltic membrane
on the Second Afterbay to help insure seismic
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.
3)
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
300 NORTH ',0' STAEEr, SAN IEANAROINO,
CALIFORNIA 12'11'0001 71./1....,22
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Mr. viju Patel, Chief
December 13, 1988
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
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
8)
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
o
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Mr. Viju Patel, Chief
December 13, 1988
Page 3
16)
17)
18)
19)
20)
The
comments
December
service road will also be on this berm.
It is suggested that a temporary on-site
concrete/asphalt batch plant be established as
a means of reducing truck traffic in the area.
primary access to construction site is Palm
Avenue to the new Penstock Road via Palm
Avenue access Road.
storm drain at Pine and Ohio will be either
taken down Redwood to Devil Creek Canyon or
tied into Bailey Creek Channel.
Fire fighting and other emergency access to be
provided.
The City will provide coordination in
potential relocation of hang gliding landing
site.
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.
mtb
Sincerely,
~~
AMES C. RICHARDSON,
eputy City Administrator -
Development Services
cc: Mayor & Common council
Acting City Administrator
Public Works Director/
City Engineer
Parks & Recreation Director
General Manager, Water
Department
Community Development
Director
Planning Director