For City Council Meeting [August 14, 2018]
TO: Honorable Mayor and City Council
APPROVAL: Ahmad R. Ansari, Interim City Administrator
FROM: Robert G. Eisenbeisz, P.E., Public Works Director/City Engineer
Title
Request City Council to Conduct a Public Hearing to Extend Urgency Ordinance No. 1605 from August 11, 2018 to June 24, 2019 by adopting interim Urgency Ordinance No. 1609 Entitled “AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF, OR ALTERATIONS AND IMPROVEMENTS TO, THE ROADWAY MEDIAN ISLAND LOCATED ON RIVERSIDE AVENUE BETWEEN THE 1-10 FREEWAY AND THE SOUTHERN MOST BORDER OF THE CITY,” Reading by Title Only and Declaring the Urgency Thereof.
(ACTION)
Body
BACKGROUND:
On June 26, 2018, the City Council adopted urgency Ordinance No. 1605 (City Council Report No 18-600) to establish a moratorium on the construction of, or alterations and improvements to , the roadway median island located on Riverside Avenue and I-10 freeway and the southernmost border of the city. Section 65858(a) of the California Government Code allows the City Council to adopt an urgency interim ordinance prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal, which is under study or intended for study to protect the public safety, health and welfare. Adoption of an urgency interim ordinance requires a four -fifths vote of the City Council. An Urgency Ordinance is effective for forty-five (45) days from the date of adoption. The City’s General Plan, in part, addresses the City’s current and future development for the community and needed standards for roadway improvements to serve such development through the Circulation Element of the General Plan. The City is in the process of updating the Circulation Element to improve mobility and provide safe active transportation options for all members of the community.
As part of the update to the Circulation Element, the City must study the existing and anticipated roadway median island located on Riverside Avenue between the I-10 Freeway and the southernmost boundary of the City of Rialto (“Moratorium Area”) to ensure that the improvements to such median do not conflict with the ultimate roadway configuration.
Pending completion of the study, City Staff believe that any new construction, alterations, or improvements made by any private developers in accordance with conditions of approval related to the Riverside Avenue median could conflict with the long-range plans. Specifically, the City might have to reconstruct such improvements to conform to the study findings, which is inconsistent with the best economic interests of the community and may have adverse impacts on the environment, traffic, safety, and aesthetics of the City.
City staff, the City’s Transportation Commission, Planning Commission and City Council require a reasonable period of time to study and review the existing Circulation Element, including the overall roadway width of Riverside Avenue and the design of raised medians, as well as the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of surrounding properties within the City in order to make recommendations on future construction, alterations, or improvements to the roadway and raised medians.
Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses, facilities, or improvements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.
ANALYSIS/DISCUSSION:
Urgency Ordinance No.1605 expires August 11, 2018. Given the preparatory timeframe, the City Council must extend the urgency ordinance. Prior to the expiration of the initial 45-day period, State law allows the extension of an Urgency Ordinance for an additional period of 10 months and 15 days after holding a noticed public hearing. If the City Council extends the Ordinance, the expiration date will be June 27, 2019. If necessary, the City Council may extend the interim ordinance a second time for an additional 12 months after holding another noticed public hearing and approving an extension by a four-fifth vote for its members. The City published notice in the San Bernardino Sun in accordance with Section 65090 of the Government Code. To avoid any of the aforementioned adverse impacts, City Staff recommends that the City Council consider extending the urgency moratorium on improvements to the Riverside Avenue median (“Moratorium”) within the Moratorium Area. The Moratorium would allow for a measured approach to improvements to such median to be consistent with the ultimate configuration of Riverside Avenue. During the study period, developers should be required to continue to pay the City any applicable Development Impact Fees or other applicable fees related to improvements to the Moratorium Area.
To achieve this goal, the City Attorney has prepared the Urgency Ordinance attached as Attachment 1 for City Council consideration. Per Government Code section 65858, the Urgency Ordinance requires an affirmative vote of 4/5th of the City Council to be adopted. If passed, the extension of Urgency Ordinance will continue in effect for 10 months and 15 days and, thereafter, will be of no further force and effect, unless, the City Council extends the Moratorium for a second time. Any ordinance extending the moratorium requires a noticed public hearing.
A comprehensive process ensures that traffic problems do not move from one street onto another. An update to the General Plan Circulation Element requires several months of preparatory tasks such as stakeholder and citizen surveys, traffic counts, data analytics and field checks prior to making a recommendation to the Transportation Commission and City Council. The general process is outlined below:
Given the preparatory timeframe, the City Council must extend the urgency ordinance.
During the period of this Moratorium thereof, the City Administrator or his designees must:
1. Review and consider options for an appropriate update to the Riverside Avenue roadway width and circulation standards, including the median islands.
2. Issue a written report describing the measures, which the City has taken to address the conditions that led to the adoption of this Ordinance.
The City must issue the report at least 10 days before the expiration of this Moratorium extension, and made available to the public. The City Council will, in turn, analyze the report and determine whether conditions continue to exist to justify further extensions to the Moratorium.
ENVIRONMENTAL IMPACT:
The requested action does not constitute 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:
Approval of this action complies with the following City of Rialto Guiding Principles, General Plan Goals and Policies:
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.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report and Ordinance.
FINANCIAL IMPACT:
Operating Budget Impact
Adoption of the Urgency Ordinance is not anticipated to have any financial impact as any fees due by developers for such improvements will continue to be paid to the City for future use.
Capital Budget Impact
The Urgency Ordinance does not have any immediate impact upon the capital improvement budget. The City will continue to collect fees for roadway improvements and street medians as required by current City ordinances and resolutions. The City will not require developers in the Moratorium Area to construct median improvements as a condition of approval, and the City will accept that responsibility in the future if the updated General Plan requires such improvements.
License
There is no business license required.
RECOMMENDATION:
Staff recommends that the City Council Conduct a Public Hearing to Extend Urgency Ordinance NO .1605 (Attachment 2) and an adopt Urgency Ordinance entitled “AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF, OR ALTERATIONS AND IMPROVEMENTS TO, THE ROADWAY MEDIAN ISLAND LOCATED ON RIVERSIDE AVENUE BETWEEN THE 1-10 FREEWAY AND THE SOUTHERNMOST BORDER OF THE CITY,” reading by title only and waiving further reading thereof.