For City Council and Rialto Utility Authority Meeting [July 28, 2020]
TO: Honorable City Council
APPROVAL: Rod Foster, City Manager
FROM: Thomas J. Crowley, P.E., Utilities Manager
Title
Request the City Council Adopt Resolution No. 7654 and the Rialto Utility Authority Board Adopt RUA Resolution No. 08-20. Approving the First Amendment to the Extraterritorial Wastewater Service Agreement with Colton Joint Unified School District Including Assessor’s Parcel Number 0256-031-21 On the Existing Extraterritorial Agreement for Sewer Services at the Bloomington High School Property Located at 10750 Laurel Avenue in Bloomington, California.
Body
BACKGROUND
Prior to 2002, Colton Joint Unified School District (CJUSD) operated the Bloomington High School, located at 10750 Laurel Avenue, without public sewer service on a private septic tank system. The property is in an unincorporated area of San Bernardino County. CJUSD applied to the City of Rialto for sewer service for Bloomington High School and on May 15, 2001, the City Council/Rialto Utility Authority Board approved the connection of this school site to the City’s public sewer system, along with two other schools (Ruth Grimes Elementary School and Slover Mt. High School).
ANALYSIS/DISCUSSION
In January of 2020, it was discovered that one of the parcels that Bloomington High School occupies was not included in the original agreement and the agreement needs to be amended to include all the parcels the campus sits on in order to comply with Local Agency Formation Commission (LAFCO) regulations. Staff began working with CJUSD to draft an amendment to include the missing parcel, identified as Assessor’s Parcel Number (APN) 0256-031-21. The other APNs associated with the school are 0256-031-01, 0256-031-02 and 0256-031-03. The City and CJUSD are proposing to amend the Extraterritorial Wastewater Services Agreement for the first time to include the missing APN. Resolutions approving the inclusion of parcel 0256-031-21 are included as Attachments 1 and 2. The Extraterritorial Agreement is included as Attachment 3 and the proposed First Amendment is included as Attachment 4.
This item was presented to the Water Subcommittee on February 27, 2020, which directed staff to proceed and bring this item to the full City Council. Staff worked with CJUSD to finalize the Amendment. The Amendment was then presented at the July 21, 2020, Utilities Commission meeting where it was recommended for Council approval.
ENVIRONMENTAL IMPACT
The 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. The proposed agreement to include APN 0256-031-21 on an existing wastewater service agreement will not result in a direct or indirect physical change in the environment because the system has sufficient capacity and, as such, the action is not a “project” as defined under CEQA.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3A 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.
Approval of this 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 3-6.1: Coordinate all development proposals with other affected public entities to ensure the provision of adequate public facilities and infrastructure services.
LEGAL REVIEW
The City Attorney has reviewed and supports the staff report and the First Amendment to the Extraterritorial Agreement with Colton Joint Unified School District.
FINANCIAL IMPACT
Operating Budget Impact
The proposed action will not result in any changes to the operating budget.
Capital Improvement Budget Impact
There is no Capital Improvement Budget impact from the requested action.
Licensing
A Business License tax is not required for the requested action.
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution and the Rialto Utility Authority Board adopt a RUA Resolution approving the First Amendment to the Extraterritorial Wastewater Service Agreement with Colton Joint Unified School District including Assessor’s Parcel Number 0256-031-21 on the existing Extraterritorial Agreement for Sewer Services at the Bloomington High School Property Located at 10750 Laurel Avenue in Bloomington, California.