For City Council and Rialto Utility Authority Meeting [June 9, 2020]
TO: Honorable City Council
APPROVAL: Rod Foster, City Manager
FROM: Thomas J. Crowley, P.E., Utilities Manager
Title
Request City Council/Rialto Utility Authority: (1) Conduct a Public Hearing to Receive Comment and Consider the Vacation of A Sewer Easement, Approve Resolution No. 7626 and RUA Resolution No. 04-20 to Vacate the Sewer Easement, and (2) Approve Resolution No. 7627 and RUA No. Resolution 05-20 to Accept a Sewer Easement, and (3) Approve Resolution No. 7628 and RUA Resolution No. 06-20 to Accept an Access Easement for the Property Located at 417 West Valley Boulevard, Approximately 330 Feet East of Lilac Avenue, Assessor’s Parcel Number 0132-191-15.
(ACTION)
Body
BACKGROUND
CDRE Holdings 12 LLC (CDRE) has proposed to develop a vacant lot located at 417 West Valley Boulevard, which is on the southside of Valley Boulevard between Lilac and Willow Avenues. The Assessor’s Parcel Number (APN) for the property is 0132-191-15. CDRE is planning to construct a 74,446 square foot warehouse building on the project site.
On November 28, 2018, the Planning Commission approved a Variance and Mitigated Negative Declaration for the project. The Development Review Committee subsequently approved a Precise Plan of Design for the project during December 2018. The applicant is currently in plan check with Community Development’s Building Division and Public Work’s Engineering Division.
ANALYSIS/DISCUSSION
The project site is currently bisected, nearly in half, by eight (8) inch VCP sewer gravity main sewer line. CDRE is funding the construction of a new sewer line that will run along the exterior edge of the property and connect the existing line at the west and east connection points. In addition, CDRE will be constructing a small lift station on the eastside of the property that will lift sewage from the new sewer line into the existing line. CDRE was conditioned to construct these improvements to meet the City’s Building and Safety division requirements and the California Plumbing Code.
To comply with California state law, a Public Hearing to consider the vacation of the existing easement that bisects the property is necessary was set on May 12, 2020, to occur on June 9, 2020. A copy of the Public Notice and proof of publication is included as Attachments 1 and 2. In addition to the Public Hearing required for the vacation, staff is requesting City Council/Rialto Utility Authority accept an easement for the new sewer line and also an access easement. Acceptance of these easements will allow staff to effectively maintain the improvements. The proposed City of Rialto and Rialto Utility Authority Resolutions approving the vacation of the existing easement are included as Attachments 3 and 4, respectively. The proposed City of Rialto and Rialto Utility Authority Resolutions accepting the sewer easement and are included as Attachments 5 and 6, respectively. And finally, the proposed City of Rialto and Rialto Utility Authority Resolutions accepting the sewer access easement and are included as Attachments 7 and 8, respectively.
This item was presented to the Water Subcommittee on April 29, 2020, who recommended presenting it to the full City Council/Rialto Utility Authority Board for a Public Hearing. It should be noted that this item would have been scheduled for the May 19, 2020, meeting of Utilities Commission (UC); however, the UC meeting was canceled in compliance with COVID-19/Coronavirus social distancing guidelines as described in Governor Newsom’s Executive Order N-33-20.
ENVIRONMENTAL IMPACT
On November 28, 2018, the Planning Commission adopted a Mitigated Negative Declaration (Environmental Assessment Review No. 2018-0046) for the project. A copy of the Notice of Determination is included as Attachment 9.
GENERAL PLAN CONSISTENCY
Approval of this action complies with the following City of Rialto General Plan Goal and Policies:
Goal 3-9: Upgrade and maintain an improved wastewater system with adequate plant efficiency and capacity to protect the health and safety of all Rialto residents, businesses, and institutions.
Policy 3-9.2: Evaluate the wastewater disposal system routinely to ensure its adequacy to meet changes in demand and changes in types of waste.
The requested action is also consistent with the following goals of the Land Use Element of the Rialto General Plan:
Goal 2-16: Improve the architectural and design quality of development in Rialto.
Goal 2-22: Promote commercial and/or industrial development that is well designed, people-oriented, environmentally sustainable, sensitive to the needs of the visitor or resident, and functionally efficient for its purpose.
LEGAL REVIEW
The City Attorney has reviewed and supports the staff report
FINANCIAL IMPACT
Operating Budget Impact
The Utility Authority will absorb any future operating costs through the Concession Agreement and will continue to account for this service during the annual budget process.
Capital Improvement Budget Impact
CDRE Holdings 12, LLC will bear the full capital cost of construction of the project and any required infrastructure improvements. No City funds will be used to construct the project.
RECOMMENDATION
Staff recommends that the City Council/Rialto Utility Authority:
1. Conduct a Public Hearing to receive comment and consider the vacation of a sewer easement, approve a City of Rialto Resolution and RUA Resolution to vacate the sewer easement the property located at 417 West Valley Boulevard, approximately 330 feet east of Lilac Avenue, Assessor’s Parcel Number 0132-191-15, and
2. Approve City of Rialto Resolution and RUA Resolution to accept a sewer easement the property located at 417 West Valley Boulevard, approximately 330 feet east of Lilac Avenue, Assessor’s Parcel Number 0132-191-15, and
3. Approve City of Rialto Resolution and RUA Resolution to accept an access easement for the property located at 417 West Valley Boulevard, approximately 330 feet east of Lilac Avenue, Assessor’s Parcel Number 0132-191-15.