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CITY OF SAN BERNARD16 J - REQUE., r FOR COUNCIL AC% .ON
From: Raymond D. Schweitzer Subject: Hearing relative to the request of
City Administrator the City of Colton that the City
Dept: Administrative of San Bernardino share in the cost
of constructing Phase I of the
Date: February 18 , 1988 Mill Street storm drain
Synopsis of Previous Council action:
At the meeting of the Mayor and Common Council held February 1 ,
1988 , the request of the City of Colton asking that the City of
San Bernardino share in the cost of constructing Phase I of the
Mill Street storm drain was continued to March 7th.
Recommended motion:
See attached Ways and Means Committee Report.
JOAL— IQ
Sign ure
Contact person: JIM RICHARDSON Phone: 5270
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
VI 1 � Vr" �A1� 17Cf1AAnv■n■v � r�`�vw ■ r v■r� vvv■w■i. rw ■ ■v■�
STAFF REPORT
As a result of numerous meetings on this issue, the Ways and
Means Committee recommendation is enclosed and has been
forwarded to the City of Colton.
75.0264
2/18/88
WAYS & MEANS COMMITTEE RECOMMENDATIONS
The Ways & Means Committee hereby makes the following
recommendation to the Mayor and Common Council regarding the
joint Colton and San Bernardino drainage problem. It is hereby
recommended with respect to the drainage problem occurring
within the area indicated in Exhibit "A" as Phase 1-Mill Street
attached hereto and made a part hereof , that the following
actions be taken:
1 . That the City of San Bernardino agree to pay not more
than $211 ,000 over a two-year period to correct said
problem.
2. Such payment shall be made only upon the condition that
the duly authorized representatives of the City of Colton
agree to hold the City of San Bernardino harmless and
indemnify and agree to defend the City of San Bernardino
from any and all claims presently existing , or which may
hereafter arise as to this drainage problem.
3 . This agreement shall not be construed as and does not in
fact constitute an admission of liability on the part of
the City of San Bernardino or any of its officers or
employers .
4 . The remaining drainage problems contained in Project
#3-6 are determined to be regional and beyond the
jurisdiction of the two cities to resolve .
Dated:
WAYS & MEANS COMMITTEE
BY
Chairperson
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iii■■iiiiiiiiiiiiiiiPROPOSED STORM DRAIN SAN BERNARDINO COUNTY DATE
e =EXISTING STORM DRAIN FLOOD CONTROL DISTRICT MAY 1973
COMPREHENSIVE STORM DRAIN PLAN SCALE I=1000'
PROJECT NO. 3-6 SHEET
CWT 9NOINZZIFUNO CO. I OF 2
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C I T Y OF SAN N B E R N a R D I NO
INTEROFFICE MEMORANDUM
8802-1305
LJ i
TO: Raymond D. Schweitzer, City Administrator
FROM: James C. Richardson, Deputy City Administrator -
Development Services
SUBJECT: Colton Drainage Problem
DATE: February 16, 1988 (7346)
COPIES: Councilman Jess Flores, Third Ward;
Roger Hardgrave, Public Works/City Engineer;
Richard Bennecke, Executive Assistant, Mayor' s
Office; John Wilson, Deputy City Attorney
-------------------------------------------------------------
You have asked that I prepare a history of meetings and
information regarding drainage problems common to the City of
Colton and the City of San Bernardino. These areas of
mutual concern are in the vicinity of Mill Street/Lytle Creek
and comprehensive storm drain plan (CSDP) 3-5 . The following
is a summary of information by date and a brief description
of each.
Date Description
October 8 , 1986 Meeting with City of San Bernardino
and City of Colton elected officials
and staff members regarding mutual
drainage and flood control problems.
December 10, 1986 Meeting with San Bernardino and City
of Colton elected officials and
staff on drainage concerns.
April 7 , 1987 Staff meeting for the City of San
Bernardino regarding strategy and
scheduling of follow-up meeting of
elected officials.
May 5, 1987 Letter from Colton Mayor to San
Bernardino Mayor regarding drainage
problems with resolution (attached) .
June 24 , 1987 Meeting with elected officials and
staff of the City of Colton at the
City of San Bernardino regarding
several common concerns.
INTEROFFICE MEMORANDUM: 8802-1305
Colton Drainage Problem
February 16, 1988
Page 2
July 13 , 1987 Letter from San Bernardino Public
Works/Engineering (attached)
regarding storm drainage development
fees collected in the 3-5 CSDP.
July 27 , 1987 Meeting at Colton with City of San
Bernardino and elected officials on
drainage problems. Chart provided
by Colton on common boundary
drainage areas (attached) .
September 3 , 1987 Meeting with City of San Bernardino
and City of Colton representatives
at the Transportation Flood Control
District.
October 20, 1987 Meeting at County Administrative
Building with representatives of
Colton, San Bernardino, Rialto, Cal
Mat, County Flood Control and
Caltrans regarding CSDP 3-5. Draft
memorandum of understanding provided
(attached) .
December 15, 1987 Meeting at County Administrative
Building with County Flood Control ,
representatives of Colton, San
Bernardino, Rialto and County
Supervisor regarding CSDP 3-5.
December 22 , 1988 Letter from Colton Mayor to San
Bernardino (attached) requesting
participation in Phase I
construction of Mill Street storm
drain.
December 30, 1987 Meeting at the County Flood Control
in follow-up to the 12/15/8 meeting
between Engineering staff of local
jurisdictions.
January 25, 1988 Ways & Means Committee meeting
regarding phase I construction of
Mill Street storm drain; item was
continued. The City of San
Bernardino staff was to meet with
all the jurisdictions involved to
determine the status of an overall
solution. The Ways and Means
Committe felt that Colton' s
recommended solution was "piecemeal"
at best.
O
INTEROFFICE MEMORANDUM: 8802-1305
Colton Drainage Problem
February 16, 1988
Page 3
Additionally, I believe you have received a memorandum from
Mr. Hardgrave dated February 11, 1988, in follow-up to the
Ways & Means Committee member' s request for more information.
If I can be of further assistance, please do not hesitate to
contact me at 5270 .
ES C. RICHARDSON,
eputy City Administrator -
Development Services
mtb
It C) SCID -ADMIN. OFF.
MAY —7 PH 1? 0e Department: OFFICE OF THE
MAYOR
Phone No.: (714) 370-5060
May 5, 1987
The Honorable Evlyn Wilcox
City of San Bernardino
300 N. "D" Street
San Bernardino, Ca. 92418
Dear Evlyn:
At its meeting of April 7th, the City Council passed
a resolution requesting a joint session with your City
Council to discuss our mutual drainage problems.
Previously, our City Manager had discussed with the San
Bernardino Administrative Officer the possibility of
this joint session taking place on April 20 . Since
that date was inconvenient, we are requesting that your
Administrative Officer contact Mr. Frank Benest, Colton
City Manager, to arrange another date for this joint
workshop. Mr. Benest can be reached at 370-5051.
We are very concerned about the liability exposure for
both cities given the drainage problem along our mutual
border. We are hopeful that we can meet in the near
future . Thank you.
Sincerely yours,
FRANK A. GONZ
Mayor
/bg
Enclosure
cc: Frank Benest
Ray Sweitzer
CITY OF COLTON CIVIC CENTER • 650 N. LA CADENA DRIVE • COLTON, CALIFORNIA 92324
1
2 RESOLUTION NO . R-34-87
t
3 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COLTON REQUESTING A JOINT SESSION
4 WITH THE CITY COUNCIL OF THE CITY OF
SAN BERNARDINO REGARDING MUTUAL DRAINAGE PROBLEM
5 WHEREAS , the City of Colton and the City of San Bernardino
6 have experienced drainage problems occurring along
7
common western boundaries ; and
8
WHEREAS , the City Council of the City of Colton desires to
9
meet with the City Council of the City of San
I0 Bernardino in a joint workshop to discuss common
11 flood control problems and the proposed Meridian ,
'12
Mill and Citrus storm drain projects .
'13
NOW, THEREFORE , BE IT RESOLVED by the City Council of the
'14
City of Colton as follows :
15 The City Council of the City of Colton
16 hereby requests a Joint Study Session
17 with the City Council. of the City of
18 San Bernardino on April 20 , 1987 , or
19 an alternate convenient date in the
20 near future .
21 BE IT FURTHER RESOLVED that the City Manager is instructed
22 to coordinate the Joint Session with the City of San
23 Bernardino .
24 PASSED , APPROVED and ADOPTED this 7th day of April , 1987 .
25
26 oe
27 ANK A. NZ AL ES
ATTEST: Mayo
28
HELEN A. RAMOS , CMC
City Clerk
SARI)�tio
CI r BERNARDINO 300 NORTH"D"STREET,SAN BERNARDINO,CALIFORNIA 92418
•
ED IS
PUBLIC WORKS DEPARTMENT
ROGER G. HARDGRAVE
Director of Publ Ic Works July 1 3 , 1987
File No . 4 . 01-2
City of Colton
650 N . La Cadena Drive
Colton , California 92324
Attention : John Hutton , Public Works Director
Gentlemen :
At a previous meeting , information on the total amount of drain-
age fees collected by the City in area 3-5 of the Master Plan
was requested . The City of San Bernardino began collecting fees
in 1978 and listed below are the tracts developed and the fees
collected : '
AREAS SOUTH OF CHANNEL
TR 13160 NW Corner Mill & Pepper 18 Lots � $360 = $ 6 ,480
TR 13390 E/S Meridian bet . 39 Lots X 360 = 14 ,040
Randall & Mill
TR 13331 E/S Meridian bet . 60 Lots X 360 = 21 ,600
Randall & Mill
TR 13124 S/S Rialto between 40 Lots X 360 = 14 ,400
Eucalyptus & Pepper
TR 10791 W/S Pepper between 20 Lots X 360 = 7 ,200
Mill and Randall
TR 10997 N/S Mill between 10 Lots X 360 = 7 ,200
Eucalyptus & Pepper
TR 11882 NE Corner Randall 56 Lots X 180 = 10 ,080
and Pepper
TR 11883 NE Corner Randall 30 Lots X 180 = 5 ,400
and Pepper
PRIDE IN PR09RESS
(714) 383-5111 — 383-5112
City of Colton
July 13 , 1987
Page - 2 -
TR 11865 NE Corner Randall 38 Lots X 180 = 6 ,840
and Pepper
TR 12669 E/S Pepper between 48 Lots X 360 = 17 ,280
Mill and Randall
$110 ,520
AREAS NORTH OF CHANNEL
PM 9510 SW Corner Foothill Commercial '- 7 ,090
and Meridian 2715 - 2775
W . Foothill
CUP 86-45 Stop & G Market 105 S . Pepper 1 ,350
SE Cor . Pepper &
Rialto 8 ,440
Just south of Rialto Avenue , the railroad and the east Rialto
Channel intercept southbound drainage waters and take them to
the east to Lytle Creek and on the Santa Ana River . In view of
this , areas within 3-5 north of the East Rialto Channel should
not be considered as adding to the drainage problems being dis-
cussed . Should you have questions or need more information ,
please feel free to contact me .
Cordially ,
ROGER G . HARDGRAVE
Director of Public Works/City Engineer
GENE R . KLATT
Assistant City Engineer
GRK: rs
cc : Ray Schweitzer
Mayor Wilcox
Councilman Flores
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MEMORANDUM OF UNDERSTANDING FOR DEVELOPMENT
OF AN AREA DRAINAGE FINANCING PLAN TO FINANCE
CONSTRUCTION OF REGIONAL FLOOD CONTROL IMPROVEMENTS
BETWEEN THE COUNTY OF SAN BERNARDINO, T11E
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,
THE CITY OF COLTON, THE CITY OF SAN BERNARDINO
AND THE CITY OF RIALTO
1. PARTIES AND DATE.
1.1 This Agreement entered into in the City of Colton,
County of San Bernardino, State of California, this day of October,
1987, between the COUNTY OF SAN BERNARDINO, a political subdivision of
the State of California ("County" ) , the SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, a public agency ( "District" ) , the CITY OF COLTON, a
municipal corporation ("Colton" ), the CITY OF SAN BERNARDINO, a municipal
corporation ("City" ) and the CITY OF RIALTO, a municipal corporation
( "Rialto" ).
2. RECITALS.
2.1 District is presently undertaking a program under
California Water Code Appendix Sections 43-1 et seg. to control the flood
and storm waters of the District and the flood and storm waters of
streams that have their source outside of the District, but which streams
and the flood waters thereof, flow into the District, and to conserve
such waters for beneficial and useful purposes within the District by
spreading, storing, retaining and causing to percolate into the soil
within or without said district, or to save or conserve in any manner
all or any of such waters and protect from damage from such flood or
storm waters the watercourses, watersheds, public highways, life and
property in the District.
. Q
2.2 County, Colton, San Bernardino, Rialto and District
are legally authorized to make contracts for special services and advice
in such financial, economic and engineering matters as may be necessary
for the full exercise of the powers vested in them.
2.3 County, Colton, San Bernardino, Rialto and District
wish to facilitate the control of flood and storm waters within those
certain drainage areas described in Exhibit "A" attached and incorporated
herein and to further provide for the cooperation of County, Colton,
San Bernardino, Rialto and District in developing a plan for financing
the construction of certain flood control improvements appurtenant to
and of benefit to County, Colton, San Bernardino and Rialto.
2.4 County, Colton, San Bernardino and Rialto have found
and determined that it would be appropriate to authorize District as
lead agency to prepare and approve an area drainage financing plan for
those regional flood improvements necessary to control flooding within
those common boundary drainage areas described in Exhibit "A".
NOW, TI-EEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties hereto agree
as follows:
3. TERMS
3.1 Selection of Area Drainage Financing Plan Consultant.
Within thirty (30) days following execution of this Memorandum of
Understanding the governing board of each Elected Official party hereto
shall formally appoint one of its members and an alternate thereto to
a common boundary drainage area committee ( "the Committee" ) for the
-2-
AAIL
purposes of selecting a consultant to prepare an area drainage financing
plan and thereafter reviewing and approving a final area drainage
financing plan. Thereafter District shall request proposals from
interested consultants for the preparation of an area drainage financing
plan and shall submit such proposals and its recommendations regarding
such proposals to the Committee for selection of an area drainage plan
financial consultant.
3.2 Preparation of Area Drainage Financing Plan.
On or before February 1, 1988, District's consultant shall prepare an
area drainage financing .plan for the territory described in Exhibit "A",
including, but not limited to, a revenue program for the levy of special
taxes, benefit assessments or development fees and charges necessary
to finance construction of flood control improvements to control flooding
within those areas described in Exhibit "A". Fees and costs incurred
by District shall be shared equally by the parties to this agreement,
and, if necessary, the parties hereto shall advance such funds as may
be requested by District to cover such fees and costs thereof. District
shall submit invoices to the parties to this agreement for expenditures
subject to reimbursement and the parties hereto shall reimburse District
for such expenditures within thirty (30) days thereafter on a pro rata
basis.
3.3 County, Colton, San Bernardino and Rialto Review Of
Area Drainage Financing Plan. County, Colton, San Bernardino and Rialto
shall have the right to review the area drainage financing plan during
the course of preparation as such review relates to and concerns the
financing of public improvements within their respective jurisdictions
-3-
and the levy of special taxes, benefit assessments or fees and charges
therefore. District shall cooperate with and assist in such review
process.
3.4 Implementation of Area Drainage Financing. Prior to
the completion of the Area Drainage Financing Plan, the parties hereto
agree to use their best efforts to form a Joint Powers Authority and
following completion of the Area Drainage Financing Plan, and formal
approval by the parties hereto, the parties hereto agree to use their
best efforts to take the necessary legal steps to implement such area
drainage financing plan, including the financing of the construction
of flood control improvements.
SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT
DATED:
Chairman
-4-
1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
2 i CITY OF COLJON )
3
4 I , HELEN A. RAMOS, City Clerk of the City of Colton, California ,
DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 City Council of said City and was approved by the Mayor of said City at a
I __ _regular meeting of said City Council held on the 7th
6 day of April 19 87 , and that it was so adopted as follows:
7
8 AYES: Councilmember - Rios , Cisneros , Rehrer , Garcia ,
and Mayor Gonzales .
9
NOES: Councilmember - None.
10
11 ABSENT: Councilmember - None .
12
13 (SEAL) City Clerk of the City of Colton.
California
14
15
16 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
17 CITY OF COLTON )
18
19 I , HELEN A. RAMOS, City Clerk of the City of Colton, California, j
California, DO HEREBY CERTIFY that the above and foregoing is a full , true
20 and correct copy of Resolution No. R-34-87 and that the same has not
21 been amended or repealed.
22 DATED: _ 19-Zz.
23
24 (SEAL) �, s- ••-s.-aJ
25 City Clerk of the City of Colton,
California
26
27
28
ATTEST:
Clerk
CITY OF RIALTO
DATED:
Mayor
ATTEST:
City Clerk
CITY OF COLTON
DATED:
Mayor
ATTEST:
City Clerk
COUNTY OF SAN BERNARDINO
DATED:
Chairman
ATTEST:
Clerk
CITY OF SAN BERNARDINO
DATED:
Mayor
ATTEST:
City Clerk
-5-
JEB0478
EXHIBIT "A"
DESCRIPTION OF COMMON BOUNDARY DRAINAGE AREAS
[TO COME]
i
JEB0478
It
oeoertment: OFFICE OF T11E
MAYOR
Phone No.: (714) 370-5061
December 22, 1987
The Honorable Evlyn Wilcox and
City Council Members
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Dear Mayor Wilcox and City Council:
The Colton City Council is hereby requesting that the City of San Bernardino
share in the costs of constructing Phase I of the Mill Street Storm Drain
at the beginning of the 1988-89 budget year. While the City of San Bernar-
dino comprises 85% of this drainage area (see attached map) , we are request-
ing that you only pay 50% of the cost of building the storm drain.
According to our calculations, the cost of constructing Phase I of the Mill
Street Storm Drain from Michigan Avenue to the Lytle Creek Channel is approxi-
mately $422,000 (see attached budget) . On January 5, 1987, the Colton City
Council and its Redevelopment Agency unanimously voted to allocate its share
of the funding, which would be $211,000.
As you are aware, we have met with Mayor Wilcox, Councilman Jesse Flores,
and your city management on numerous occasions during the past year to discuss
our mutual drainage problems. Of course, the problem is that water runs down-
hill from San Bernardino into Colton, often creating flooding. This flooding
problem is worsened by increased development in San Bernardino, which produces
more runoff.
The City of Colton has responded in writing to your CEQA requests about pro-
posed developments in San Bernardino over the past several years. We have
protested these developments because they do worsen the runoff and flooding
problem. However, those developments have proceeded despite the consequences.
(Copies of this CEQA documentation have already provided to your City staff
during our recent meetings.)
We think that both our cities are making progress in funding solutions to
drainage problems in several areas along our mutual border. However, the
Mill Street flooding problem demands action now (see attached news articles) .
ago
The Honorable Evlyn Wilcox City Council
December 22, 1987
Page Two
While the City of Colton occupies only 1S% of the drainage area,f we are
o
willing to pay half the cost. We are requesting that the City
Bernardino make a commitment to allocate drainage finds and any other
monies (e.g. , CDBG, RDA low and moderate income housing monies) to the
project so that it can be initiated in July 1988 and completed by winter
flooding time.
Some of our residents are threatening litigation to resolve this long-
standing threat to public safety and private property. . However, Colton
would prefer to work with your city to cooperatively solve the flooding
problem.
We look forward to formally addressing your City Council and arriving at
a joint commitment at your meeting of January 19. Thank you.
Sincerely yours,
FRANK A. GONZALI-&-_
Mayor
Attachments: Map of Drainage Area 3
Phase I Cost Estimates
News Articles
cc: Colton City Council
Frank Benest, City Manager, City of Colton
Ray Schweitzer, Admin. Officer, City of San Bernardino
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mmiiiiiiiiiiiii DATE STORM DRAIN SAN BERNARDINO COUNTY MAY 1E73
=EXISTING STORM DRAIN FLOOD CONTROL DISTRICT
COMPREHENSIVE STORM DRAIN PLAN SCALE 1=1000
►MOM■
" PROJECT NO. 3-6 SHEET
i OF 2
mini T ENGINEERING CO.
Mf•YtLtG••♦Vt LOf ANC tIJ• CALIpAM1A f00]•
F,XI-IIBIT "C"
Preliminary Cost Estimate
Cortprehensive S.D. Plan
Project #3-6 Modified
Project Description: Mill Street S.D. - Lytle Creek to Michigan
ITEM QUANTITY UNIT UNIT PRICE COST
66" 650 L.F. 140 91,000
63" 1,050 L.F. 125 131,250
42" 400 L.F. 75 30,000
54" 400 L.F. 95 38,000
S.P.M.H. 1 EA. 5,000 5,000
M.N. 1 EA. 3,400 3,400
Catch Basins 7 EA. 3,000 21,000
SUBTOTAL 319,650
15% Utility Relocation & Const. Contin. 47,947.50
SUBTOTAL 367,597.50
15% Engineering and Inspection 55, 139.62
CAI, 422,737.00