For City Council Meeting November 10, 2026
TO: Honorable Mayor and City Council
FROM: Tanya Williams, City Manager
AUTHOR: Yazdan Emrani, P.E., Director of Public Works
Title
Request City Council to: (1) Adopt Resolution No. 8582 to Authorize the Filing of a Notice of Determination with the San Bernardino County Clerk of the Board for the Baseline Storm Drain Project, City Project No. 170700; (2) Approve the Easement Acquisition Agreement with the San Bernardino County Flood Control District for an Approximately 8,362 Square-foot Non-exclusive Storm Drain Easement; and (3) Authorize the City Manager or Their Designee to Execute the Easement Acquisition Agreement and Easement Deed, Accept the Easement on Behalf of the City, Execute a Certificate of Acceptance Consenting to Recordation, and Execute All Related Documents.
Body
RECOMMENDATION
Staff recommends that the City Council:
1) Adopt a resolution to authorize the filing of a Notice of Determination with the San Bernardino County Clerk of the Board for the Baseline Storm Drain Project, City Project No. 170700;
2) Approve the Easement Acquisition Agreement with the San Bernardino County Flood Control District for an approximately 8,362-square-foot non-exclusive storm drain easement; and
3) Authorize the City Manager or their designee to execute the Easement Acquisition Agreement and the Easement Deed, accept the non-exclusive storm drain easement on behalf of the City, execute a Certificate of Acceptance consenting to recordation of the Easement Deed, and execute all related documents.
BACKGROUND
The Baseline Storm Drain Project consists of an approximately 2.0-mile-long storm drain system extending from the Tamarind Avenue/Baseline Road intersection to Cactus Basin No. 3.
In 2016, the San Bernardino County Flood Control District (SBCFCD) began development of the Cactus Basin System Improvements, which includes expanding the basins to increase storage capacity. On August 8, 2017, City Council authorized staff to release a Request for Proposal for the design of the master-planned storm drain in Baseline Road from the Cactus Basin to Tamarind Avenue.
On June 26, 2018, City Council awarded a professional services agreement to Huitt-Zollars, Inc. for the design of the Baseline Master Plan Storm Drain from the Cactus Basin to Tamarind Avenue in the amount of $521,625.
On April 27, 2021, City Council adopted a mitigated negative declaration, approved a first amendment to the professional services agreement with Huitt-Zollars in the amount of $44,000 for a not-to-exceed amount of $565,625 for Phase 1 and authorized advertisement for construction bids for Phase 1 of the Baseline Storm Drain Project, City Project No. 170700. The project was originally anticipated to be split into two phases to allow for the easement, encroachment permits, and regulatory permits to be obtained during construction in Phase 1 in anticipation of Phase 2. The project has since been combined into one continuous project.
On September 10, 2024, the City Council authorized the release of bids for the Baseline Storm Drain Project.
On September 9, 2025, the City Council awarded a construction contract to C.P. Construction Co., Inc. in the amount of $29,107,522.20 and construction is continuing.
ANALYSIS/DISCUSSION
The proposed filing of a Notice of Determination (NOD) with the San Bernardino County Clerk of the Board (“County Clerk”) and acquisition of the easement from the SBCFCD support the previously authorized Baseline Storm Drain Project, City Project No. 170700, and do not expand the previously authorized scope of work.
The City will authorize SBCFCD to file the NOD on the City’s behalf. The NOD is included as Attachment 1, and the previously approved CEQA Initial Study/Mitigated Negative Declaration (IS/MND) documents are included as Attachment 2.
The applicable CEQA filing fees reflect the project’s identified impact on fish and/or wildlife; therefore, the project does not qualify for the filing-fee exception (California Department of Fish and Wildlife, State Clearinghouse, October 13, 2020, page 9 of 10). The estimated NOD filing costs are $50.00 plus $4,227.50, for a total of $4,277.50.
The Baseline Storm Drain Project also requires an easement over SBCFCD property for the purpose of construction, operation, and maintenance of the related storm drain. The project requires a non-exclusive storm drain easement over approximately 8,362 square feet of SBCFCD property to construct, operate, access, and maintain the storm drain improvements. The proposed Easement Acquisition Agreement is included as Attachment 3 and must be executed and recorded with the San Bernardino County Recorder.
The City will pay $9,200 in easement consideration and reimburse SBCFCD for administrative costs associated with the transaction. Administrative costs are currently estimated at approximately $20,000 and are subject to change as processing continues. SBCFCD will invoice the City of Rialto for the final amount and provide payment instructions. The current estimated total for the easement consideration and administrative costs is $29,200.
The proposed Resolution is included as Attachment 4 for City Council consideration and approval.
ENVIRONMENTAL IMPACT
The proposal 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.
Authorization to file the NOD and enter into the Easement Acquisition Agreement is an administrative action associated with the continued performance of previously authorized construction and will not result in any new direct or indirect physical change to the environment.
GENERAL PLAN CONSISTENCY
The proposed actions are consistent with Guiding Principle 3 of the City of Rialto 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 the proposed action also complies with the following City of Rialto General Plan Goals and Policies:
Goal 3-6: Require that all developed areas within Rialto are adequately served with essential public services and infrastructure.
Policy 3-6.3: Require an increasing level of public safety infrastructure and service capability tied to population increase and increasing service demand.
Policy 3-6.4: Complete infrastructure master plans for sewer, water, and drainage.
Goal 3-7: Upgrade public infrastructure as an inducement to promote private investment.
Goal 5-2: Minimize the risk and damage from flood hazards.
Policy 5-2.5: Require that any structure proposed within an officially designated 100-year floodplain, or other floodplain as determined through geotechnical investigation, be designed in a manner that does not negatively impede or redirect floodwaters or raise anticipated flood heights.
LEGAL REVIEW
The City Attorney’s Office has reviewed the Easement Acquisition Agreement and approved it as to form.
FINANCIAL IMPACT
Operating Budget Impact
There is no immediate impact on the operating budget; however, the City will assume responsibility for maintaining the easement area.
Capital Improvement Budget Impact
The proposed actions will be funded within the existing project budget under account string 22304720-53001-170700-05. Estimated costs are $50.00 for the County Clerk filing fee, $4,227.50 in NOD-related fees, and $29,200.00 for the easement consideration and estimated administrative costs, for a total estimated cost of $33,477.50. The total authorized compensation for the Baseline Storm Drain Project, City Project No. 170700, will remain unchanged, and no additional appropriation is required.
Licensing
A Business License application and payment of a Business License tax is not required for this action.
ATTACHMENTS:
1. Notice of Determination
2. CEQA Initial Study/Mitigated Negative Declaration
3. Easement Acquisition Agreement
4. Resolution