For Water Subcommittee Meeting October 23, 2024
TO: Honorable Water Subcommittee Members
APPROVAL: John Rossi, Interim Utilities Director
FROM: Timothy Sullivan, Public Works Director
...Title
Staff Requests that the Water Subcommittee Provide Feedback on Proposed Revisions to the Rialto Municipal Code § 11.04.145 Moratorium on Trench Cuts in Newly Paved Streets. (ACTION)
RECOMMENDATION
Staff recommends that the Water Subcommittee provide feedback on proposed revisions to the Rialto Municipal Code § 11.04.145.
...Body
BACKGROUND:
On May 9, 2017, the City of Rialto passed Ordinance No. 1589 (ATTACHMENT 1), which enacted a non-emergency street cut moratorium on newly improved streets. The moratorium states that the City will not allow unnecessary street cuts for five (5) years after road construction and for three (3) years after slurry sealing.
Should a street cut be made within a moratorium timeframe, the Rialto Municipal Code (RMC) dictates the required repair method that the party performing the street cut must adhere to restore the street.
ANALYSIS/DISCUSSION
Ordinance No. 1589 outlines certain situations where the paving moratorium on newly improved streets can be lifted. These exceptions are determined by the Director of Public Works/City Engineer and include:
1. Imminent endangerment of life or property.
2. Interruption of essential utility service.
3. Mandated work by city, state, or federal law.
4. Service for new development or new customers where no other reasonable means of providing service exists.
On February 28, 2024, the Water Subcommittee discussed this item. The Subcommittee directed staff to return to discuss possible revisions to the RMC that would allow for additional exceptions to the pavement moratorium. Specifically, it was discussed whether conversions from septic sewer systems to public sewers and repairs to water meter laterals should also be included as exceptions to the paving moratorium.
Staff from the Public Works Department, Rialto Utilities Department, and Rialto Water Services (RWS), which is operated by Veolia, discussed the recommended exceptions and revisions to the RMC § 11.04.145 Moratorium on trench cuts in newly paved streets.
Staff is proposing to revise the RMC to include a fifth exception, Section B.5. This additional exception would include “Service for existing Single Family Residential units pursuing septic-to-sewer conversion.” For street cuts/trenches authorized under the new section, Section B.5, all trench work shall be in accordance with the current edition of the City of Rialto Standard Drawings and not be required to meet the street restorations outlined in the current RMC section. Tracked proposed revisions are attached for discussion and feedback (ATTACHMENT 2).
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 3 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.
LEGAL REVIEW
The City Attorney’s Office has reviewed the staff report and proposed revisions to the Rialto Municipal Code.
FINANCIAL IMPACT
Operating Budget Impact: No impact.
Capital Improvement Budget Impact: No impact.