For City Council Meeting [September 27, 2022]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Alberto Paiva, P.E., Director of Engineering Services/City Engineer
Title
Request City Council to (1) Approve a Temporary Construction Easement Agreement with Yunan Chen, CEO of Yunan C Future Inc. for the Property Located at 690 S. Riverside Avenue, Rialto, CA 92376 (APN:0131-161-22); and (2) Authorize the City Manager to Execute all Documents.
Body
BACKGROUND:
The City of Rialto is about to begin construction of the Riverside Avenue Central Reconstruction Project, City Project No. 220804. The Project includes reconstruction of Riverside Avenue from the Metrolink Train Tracks to San Bernardino Avenue. As part of the project, driveways are being upgraded to standard.
The property located at 690 S. Riverside Avenue will have new driveways and new asphalt driveway approaches constructed. A photo of the current conditions is shown in Figure 1 below.
Figure 1
ANALYSIS/DISCUSSION:
Staff met with the property owner, Yunan Chen, CEO of Yunan C Future Inc., to review and discuss the proposed improvements. As a result, the owner has agreed to the driveway improvements.
Performing this work will be added to the scope of the City’s Project at no cost to the property owner but requires the property owner to grant the City temporary access to the property to relocate their fence and gate back to allow for additional walking path width.
The City Attorney’s office has prepared a Temporary Construction and Access Easement Agreement to accommodate this work; a copy is included as Attachment 1.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires that the guidelines for implementation of the California Environmental quality (CEQA) include a list of classes of projects that have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared categorically exempt from the requirement for the preparation of environmental documents. In accordance with 14 CCR Section 15301 “Existing Facilities”, Class 1 projects consist of the repair, maintenance, or minor alteration of existing structures and facilities; therefore, the Riverside Avenue Central Reconstruction Project, City Project No. 220804 is considered categorically exempt from CEQA. A Notice of Exemption will be filed for the project.
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 4-1: Provide transportation improvements to reduce traffic congestion associated with regional and local trip increases.
Policy 4-1.1: Establish and maintain standards for a variety of street classifications to serve both local and regional traffic, including Major Arterial Highways, Major Arterials, Secondary Arterials, Collector Streets, and Local Streets.
LEGAL REVIEW:
The City Attorney has reviewed and supports the staff report and Temporary Construction Easement Agreement.
FINANCIAL IMPACT:
Operating Budget Impact
The proposed action will not affect the Operating Budget.
Capital Improvement Budget Impact
The proposed action is within the project budget for construction.
Licensing:
A Business License application and payment of a Business License tax is not required for this action.
RECOMMENDATION:
Staff recommends that City Council:
• Approve a Temporary Construction Easement Agreement with Yunan Chen, CEO of Yunan C Future Inc. for the Property Located at 690 S. Riverside Avenue, Rialto, CA 92376 (APN:0131-161-22).
• Authorize the City Manager to Execute all Documents.