For City Council Meeting May 13, 2025
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: John Rossi, Interim Utilities Director
Toyasha Sebbag, Assistant to the City Manager
Title
Request City Council/Rialto Utility Authority Conduct a Public Hearing to Consider Adoption of a Mitigated Negative Declaration for the Dr. June Hayes and Deborah Robertson Habitat Nature Center by Adopting Resolution No. 8344 Approving a Mitigated Negative Declaration prepared for the project, in Accordance With the California Environmental Quality Act (CEQA) and RUA Resolution No. 08-41 Approving a Mitigated Negative Declaration Prepared for the project, in Accordance With the California Environmental Quality Act (CEQA).
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council/Rialto Utility Authority conduct a Public Hearing to consider adoption of a Mitigated Negative Declaration for the Dr. June Hayes and Deborah Robertson Habitat Nature Center by adopting Resolutions approving a Mitigated Negative Declaration prepared for the project, in accordance with the California Environmental Quality Act (CEQA).
BACKGROUND
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Rialto (City) to evaluate potential environmental effects resulting from the proposed Dr. June Hayes and Deborah Robertson Habitat Nature Center (Nature Center) Project.
The Nature Center involves constructing approximately 13-acres of outdoor public space, including an approximately 10-acre non-contact/non-watercraft lake consisting of two connected lakes, 1 mile of pedestrian perimeter trails, passive recreation, environmental education programming, and public outreach on a vacant portion of the City’s Wastewater Treatment Plant (WWTP) property. The lakes would be created by intercepting tertiary treated effluent from the WWTP that is currently discharged into the lined Rialto Channel and routing a portion of the effluent flow into the proposed lake. The treated water from the WWTP would be reclaimed and temporarily stored in the lakes prior to being discharged back into the concrete-lined channel at the existing location. The City currently discharges treated effluent into the concrete-lined Rialto Channel that flows downstream and changes into an unlined portion of the channel south of Agua Mansa Road prior to flowing into the Santa Ana River. Agua Mansa Road is located approximately 0.25 miles from the project site, and the Santa Ana River is approximately 0.65 miles down channel from the discharge point. The proposed Project would not change the discharge location of effluent into the Rialto Channel and Santa Ana River.
The IS/MND document was prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.).
A Draft IS/MND was prepared and a public notice of intent to adopt the Mitigated Negative Declaration was subsequently published in the San Bernardino Sun newspaper to allow the public the review period provided under Section 15105 of the CEQA Guidelines and submitted to appropriate state agencies through the State Clearinghouse with the Governor’s Office of Planning and Research, on February 15, 2024, initiating the public review period through March 18, 2024.
ANALYSIS/DISCUSSION
The agency and public review period required under CEQA concluded on March 18, 2024. One comment was received from the California Department of Fish and Wildlife (CDFW). The City of Colton contacted staff to request a meeting regarding the Project, but did not have any CEQA comments. Prior to the public review period, staff also held internal review meetings and discussed the Project with Rialto Water Services (RWS/Veolia). Staff received valuable input and questions about project features and general operational conditions. Some of the questions were answered, while other feedback was incorporated into the overall design of the Project and included as part of the Draft IS/MND released for public review. Some of the questions by RWS/Veolia were of a similar nature to comments received by the California Department of Fish and Wildlife. Those relevant questions have been responded to as part of this CEQA process.
Following a thorough review of CDFW’s comment, joint meetings with CDFW and the U.S. Fish and Wildlife Service, discussions with the City of Colton, and consultation with the City/RUA’s environmental consultant, EnPlanners, staff has determined that no new significant environmental effects have been identified. Furthermore, no new mitigation measures or project revisions are necessary to reduce impacts to a less-than-significant level. Staff concludes that the mitigation measures proposed in the IS-MND remain adequate to ensure all potential impacts are mitigated to a less-than-significant level.
The City’s environmental review and determination are based on the data and analysis presented in the IS-MND, which was prepared in accordance with CEQA-Plus. The IS-MND provides the necessary environmental documentation to satisfy both state and federal environmental compliance requirements. As the Lead Agency under CEQA and CEQA-Plus, the City has independently reviewed the initial study, considered all submitted comments, and prepared findings that support adoption of the Mitigated Negative Declaration (SCH No. 2024020570). Staff recommends that the City Council and Rialto Utility Authority find, on the basis of the whole record, that there is no substantial evidence the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the Lead Agency’s independent judgment and analysis.
The Nature Center has secured $5 million in federal grant funding for implementation. As a result, preparation of an Initial Study-Mitigated Negative Declaration was required under CEQA-Plus. When federal funds are involved, the project must comply not only with CEQA but also with additional federal environmental requirements. This combined review process is referred to as CEQA-Plus.
CEQA-Plus requires enhanced environmental review and documentation, including:
• Consultation with federally recognized tribes, consistent with the National Environmental Policy Act (NEPA), and
• Compliance with federal environmental “cross-cutter” statutes such as:
o Endangered Species Act
o National Historic Preservation Act (NHPA)
o Clean Air Act
o Clean Water Act
Following submittal of the IS-MND to the U.S. Environmental Protection Agency (EPA), the document is reviewed to ensure full compliance with CEQA-Plus requirements. This includes verification that the IS-MND adequately addresses both state and federal environmental statutes. Upon confirmation of compliance, the EPA will issue a Final Environmental Determination.
This environmental determination is a prerequisite for executing the federal grant agreement and releasing funds. Construction activities funded through the grant may not proceed until this clearance is received. Additionally, the City will be responsible for implementing all adopted mitigation measures and fulfilling all post-approval monitoring and reporting requirements, as required by CEQA and federal oversight agencies.
ENVIRONMENTAL IMPACT
The City of Rialto/RUA has prepared an Initial Study/Mitigated Negative Declaration in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15070. The Initial Study/Mitigated Negative Declaration represents the City/RUA’s independent judgment and analysis. Based upon the Initial Study/Mitigated Negative Declaration, the proposed Project will not have a significant effect on the environment with the implementation of mitigation measures. Further, the City/RUA did not identify any significant, unavoidable impacts that require further analysis in an Environmental Impact Report.
GENERAL PLAN CONSISTENCY
Approval of this action complies with the following:
Rialto is an Active Community: Our community will support the creation and maintenance of attractive parks, recreational facilities, and gathering places that meet the needs of our residents.
This action also aligns with the City’s following goals:
Goal 2-24: Take advantage of opportunities to increase and enhance open spaces throughout Rialto.
Goal 2-26: Maximize open spaces in urban areas.
LEGAL REVIEW
The City Attorney's Office has reviewed the resolutions and approved them as to form.
FINANCIAL IMPACT
Operating Budget Impact
Adopting the IS/MND does not have a direct impact on the General Fund or RUA operating budget because there is no significant impact to the environment that require modification to the proposed Nature Center project.
Capital Improvement Budget Impact
RUA has secured $8.2 million to fund the full construction cost of the Nature Center Project: (1) $3 million from the U.S. Bureau of Reclamations’ WaterSMART program; (2) $2.15 million from the Santa Ana Watershed Project Authority; (3) $2 million in federal funding through U.S. Representative Pete Aguilar; and (4) $1.05 million in state funding through State Senator Connie Leyva.
Licensing
A Business License application and payment of a Business License tax is not required for this action.