For City Council Meeting [July 9, 2019]
TO: Honorable Mayor and City Council
APPROVAL: Rod Foster City Administrator
FROM: Sean Grayson, Acting Public Works Director
Title
Request City Council to Approve the Conceptual Master Plan for the Cactus Avenue Trail Project.
Body
BACKGROUND:
On June 27, 2017 the City Council adopted the Fiscal Year 2017/2018 budget, which included $1,000,000 for design and construction of the Cactus Trail and Cactus Trail Parking Lot utilizing Open Space Development Impact Funds (DIF). In February 2018, the City received notification that the California Transportation Commission awarded $1,260,000 for the Cactus Trail Project as part of the Augmented 2017 Active Transportation Program (SB1).
On April 10, 2018, City Council approved a Professional Services Agreement with KOA Corporation for the design of the Cactus Trail, along the west side of Cactus Avenue between Baseline Road and Rialto Avenue. In August 2018, the City conducted community outreach to obtain design input from the public during the Citywide Bike Rodeo, which occurred along the Pacific Electric Trail near Cedar Avenue. On March 26, 2019, City Council considered the concepts for the trail and provided input.
The Cactus Avenue Trail project will improve a 1.5-mile trail along the Rialto flood control channel, adjacent to Cactus Avenue from Baseline Avenue to Rialto Avenue in the City of Rialto. The project includes repaving an existing dirt path to a paved trail with a two-way bike path, and a paved pedestrian path. The project includes installation of irrigation, and landscaping including trees, and shrubs. Amenities will include park benches, trash/recycling receptacles, exercise stations, informational signs, and bike racks. The trail will be accessible by all residents and visitors regardless of mode of travel, including by car, bus, rail, bike, wheelchair, and by walking from adjacent residences, schools, parks, and businesses. The project connects active transportation systems from the north section of the city to the Pacific Electric Trail, and to the downtown area. Additionally it provides a regional reach with the access to the Metrolink Depot.
ANALYSIS/DISCUSSION:
On February 12, 2019, Council authorized the submittal of an Urban Greening Grant (UGG) application for landscaping improvements along Cactus Avenue for the Cactus Trail project. On February 28, 2019, the City submitted the grant application, requesting $1,775,549 for the landscaping component of the project. There are sufficient funds currently budgeted and available to design and construct the Cactus Trail Improvements; however, Urban Greening Grant (UGG) funding will provide funding to include construction of the landscaping component of the Project.
Staff recommends approval of the proposed Conceptual Master Plan with direction to proceed with preparation of the environmental analysis and final design engineering of the trail and landscaping. As mentioned above, the City submitted an UGG application for the landscaping component. On June 4, 2019, Rialto hosted a site visit for the UGG grant as the Cactus Trail project was shortlisted to move forward in the competition for funding. The City anticipates that it will be notified by early July to complete the final phase of the grant competition by mid-August, with award notification scheduled for early November 2019. If the grant application is successful, the project construction scope will include landscaping. If the grant application is unsuccessful, funding from Open Space DIF is budgeted to construct the trail.
Following is the proposed project schedule:
• CEQA Mitigated Negative Declaration November 30, 2019
• Completion of PS&E January 30, 2020
• Coordination w/SBCFCD on Common Use Agreement & Permitting March 30, 2020
• Award of Construction Contract September 22, 2020
The conceptual master plan is included as Attachment 1. Staff recommends approval of the Conceptual Plan, based upon input received during public outreach and City Council input at the Council Meeting of March 26, 2019:
ü Design Trail cross-section Alternative 1: Many participants expressed a consensus that Alternative 1 would be a safer option for pedestrians walking and resting to be closer to the channel and away from the vehicles along Cactus since it would create a buffer.
ü Design for Monument Theme: Options 2 was popular with the iconic bridge signs.
ü Design for Monument Signage for Alternative 1- The History and Importance of Water in the City.
ü Design for Exercise Stations with option 3 - Gamification intermixed with some option 1 - active, and option 2 - static.
ENVIRONMENTAL IMPACT:
This request is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY:
This action is consistent with Guiding Principle 3A in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
Approval of this action also complies with the City of Rialto General Plan Goal and Policies:
Goal 3-11: Provide community facilities that adequately support established programs, can accommodate future needs, and are accessible to all members of the community.
Goal 3-11.1: Allocate resources for the maintenance and operations of City facilities; explore alternative funding options for maintenance and operational costs of new facilities.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report. Additionally, in response to City Council request, the City Attorney opines that the City’s Open Space Development Impact Funds may be appropriately used to fund this project. Gov. Code 66001(a)(2) states that development impact fees must have a “use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan…, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged.” (Home Builders Assn. of Tulare/Kings Ctys., Inc. v. City of Lemoore, 185 Cal. App. 4th 554, 564-65 (2010)[“It would be unreasonable to demand the specificity urged by [the plaintiff] and require local agencies to make a concrete showing of all projected construction when initially adopting a resolution. Such a resolution might be in effect for decades.”]
The City Council created the Open Space DIF with the following purpose: “An open space development fund is established for the costs of acquisition of open space, as well as the design, engineering, construction and installation of any infrastructure for the use of such open space by the public, necessary or desirable to accommodate new development.” RMC 3.33.320. Funds collected from open space development impact fee shall be used for the following purposes:
1. Preparation or development of an open space master plan or other special studies, including but not limited to habitat conservation plan(s) as necessary, to identify and designate appropriate open space and habitat areas for preservation of threatened or endangered species, and other studies determined to be necessary by the city;
2. Acquisition of real property, easements or other rights for the development of additional open space areas;
3. Design, engineering, construction and installation of improvements or facilities for the use, access and preservation of open space areas;
4. Establishment and endowment of on-going biological or cultural monitoring or interpretive programs necessary to maintain the viability of habitat conservation areas.
The City has reasonable leeway to use these fees, and subsection no. 3 of authorized uses above provides authorization for the type of open space uses as described in the Conceptual Master Plan for the proposed Cactus Avenue Trail Project.
FINANCIAL IMPACT:
Operating Budget Impact:
Including landscaping, the anticipated maintenance costs are estimated at $41,000 per year. Landscape maintenance activities include trimming, weeding, irrigation repairs, and trash pickup. Excluding landscaping, the maintenance cost will be significantly reduced until the landscaping is installed.
Capital Improvement Budget Impact:
Funding sources for the Cactus Trail Project is as follows:
• Open Space Development Impact Funds $500,000
• State SB-1 Active Transportation Plan $1,260,000
Total Sources of Funds $1,760,000
Uses of Funds for the Cactus Trail Project are as follows:
• Design, CEQA, Administrative $ 325,000
• Project Management, Administrative $ 335,000
• Estimated Construction of Trail & Amenities (w/o landscape) $1,054,356
Total Uses of Available Funds $1,704,356
Total estimated cost for Landscaping component (unfunded)
• Estimated Unfunded Construction of Landscape Elements $1,775,549
Total Uses of proposed UGG Funds $1,775,549
RECOMMENDATION:
Staff recommends that the City Council to Approve the Conceptual Master Plan for the Cactus Avenue Trail Project.