HomeMy WebLinkAbout13-051 - Resolutions RESOLUTION NO. 13-051
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA
DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING
THE ACQUISITION OF PORTIONS OF THE REAL PROPERTY
LOCATED AT 13"9, 13451, and 13479 BASELINE AVENUE IN
THE CITY OF FONTANA AND IDENTIFIED AS SAN
BERNARDINO COUNTY ASSESSOR'S PARCEL NOS.: 1107-
771-02, -03, AND -09, FOR PUBLIC PURPOSES, NAMELY FOR
THE CONSTRUCTION OF THE INTERSTATE 15 AND BASE
LINE ROAD/BASELINE AVENUE INTERCHANGE PROJECT IN
THE CITIES OF RANCHO CUCAMONGA AND FONTANA
THE CITY OF RANCHO CUCAMONGA DOES HEREBY FIND, DETERMINE, ORDER
AND RESOLVE AS FOLLOWS:
Section 1. The City of Rancho Cucamonga is a municipal corporation, in the County of San
Bernardino, State of California.
Section 2. The City of Rancho Cucamonga is authorized to exercise its respective powers of
eminent domain to acquire the property interests described in Section 3 of this Resolution, under a
joint powers agreement entered into by and between the City of Rancho Cucamonga and the City of
Fontana on February 26, 2013, pursuant to Articles 1 through 4 (commencing with Section 6500) of
Chapter 5, Division 7, Title 1 of the Government Code of the State of California and Sections 12, and
California Code of Civil Procedure Sections 1240.140(a) and (b).
Because Interstate 15, where it intersects with Base Line Road in the City of Rancho
Cucamonga and with Baseline Avenue in the City of Fontana is a State Highway, the California
Transportation Commission ("CTC") is the body authorized to consider the adoption of the
Resolutions of Necessity. On March 29, 2013, the California Department of Transportation
("Caltrans") authorized the City Council for the City of Rancho Cucamonga to conduct a hearing
on the Resolution of Necessity and to adopt the Resolution of Necessity by a 4/5ths vote of the
City of Rancho Cucamonga City Council.
The property interests described in Section 3 of this Resolution that the City of Rancho
Cucamonga seeks to acquire are for a public use, namely to alleviate existing and future traffic
congestion at on-ramps and off-ramps during peak morning and evening hours within the
proposed Project limits, to accommodate current and future automobile and truck traffic, and to
alleviate unsatisfactory conditions associated with the existing Interchange configuration at the
Interstate 15 Interchange at Base Line Road in the City of Rancho Cucamonga and at Baseline
Avenue in the City of Fontana ("proposed Project"), and for all purposes necessary and
convenient thereto in connection with the proposed Project pursuant to the authority conferred
upon the City of Rancho Cucamonga to acquire property by eminent domain by California
Constitution Article 1, Section 19; California Government Code Sections 6500, 37350, 37350.5,
37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010, et seq.
(Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.050,
1240.110, 1240.120, 1240.130, 1240.140 (a) and (b), 1240.250, 1240.350, 1240.410, 1240.420,
1240.510, 1240.530, 1240.610, 1240.640, 1240.650; Streets and Highways Code Sections 102,
114 and 130, and other provisions of the law.
Section 3. The City of Rancho Cucamonga seeks to acquire abutter's access rights, a
permanent highway easement of 5,165 square feet and a temporary construction easement of
4,388 square feet for a term of thirty-six (36) months from the real property commonly known as
13449, 13451, and 13479 Baseline Avenue, in the City of Fontana and identified as San
Bernardino County Assessor's Parcel Numbers 1100-771-02, -03, and -09 in connection with
the proposed Project ("Subject Property Interests.") The legal descriptions of the Subject
Property Interests are attached as Exhibit "A" and depicted on Exhibit "B" to this Resolution of
Necessity. Exhibits "A" and "B" are incorporated herein by this reference.
The real property has a gross land area of 120,172 square feet and is irregular in shape. It is
improved with commercial buildings and businesses, which will not be physically impacted by
the proposed acquisition because no land or improvements will be acquired as part of the
proposed Project. The acquisition areas are located within an area already encumbered by a
landscaping easement in favor of the City of Fontana Community Facilities District and,
according to the Tract Map had already conveyed access rights to the City of Fontana.
Section 4. The proposed acquisitions of the Subject Property Interests are for a public
purpose, namely to improve operational standards, enhance safety characteristics, and to
provide increased traffic capacity at the Base Line Road and Interstate 15 Interchange in the
Cities of Rancho Cucamonga and Fontana, which include:
• Widening Base Line Road from four to six lanes and adding right and left turn
lanes at East Avenue in the City of Rancho Cucamonga;
• Widening East Avenue from two to four lanes and adding right and left turn lanes
at Base Line Road;
• Realigning and widening the Southbound and Northbound diamond ramps from
one to two lanes;
• Adding a Southbound Loop on-ramp; and
• Adding Interstate 15 acceleration and deceleration lanes.
The primary operational deficiency associated with the existing interchange is caused by the
interchange's geometric constraints and inadequate capacity. The intersection of Base Line
Road and East Avenue bisecting the diamond interchange between the Southbound and
Northbound Interstate 15 ramp intersections results in a large queue of vehicles on Base Line
Road. Due to short separations between the three intersections and delays caused by many
signal phases, especially for left turn movements to the Interstate 15 ramps for Westbound
traffic in the morning peak hours and Eastbound traffic in the evening peak hours, there is heavy
queuing on Base Line Road. The queuing on Base Line Road during these peak hours, results
in heavy queuing on the exit ramps, which includes heavy queuing for the Northbound exit ramp
in the evening peak hours and for the Southbound exit ramp in the morning peak hours. The
queuing at the exit ramps during the peak hours also leads to traffic backing up on the Interstate
15 mainline.
Alternatives Considered for the proposed Project
The City of Rancho Cucamonga analyzed the relative effectiveness of three proposed project
alternatives and a no-build alternative, to accommodate forecasted year 2030 traffic at the
Interchange. Alternative 1, the no-build alternative showed that if there were no improvements made
to the Interchange, the levels of service for traffic circulation in 2030 would be LOS "F," which is the
worst possible level of service, and there would be a substantial increase in traffic accidents.
Resolution No. 13-051 - Page 2 of 13
Alternative 3, the cloverleaf, proposed the construction of two cloverleafs, one cloverleaf would
be located in the northeast quadrant of the Interchange and the other cloverleaf would be
located in the southeast quadrant of the Interchange. Alternative 3 was not considered a viable
alternative because not only did it have significant design and operational issues, it would have
required the acquisition of right-of-way in the northeast quadrant of the Interchange. The
acquisition of the right-of-way in the northeast quadrant would have resulted in significant
impacts to current and future planned residential and commercial development.
Alternative 2, partial cloverleaf, and Alternative 4, preferred alternative, were both considered as
proposed projects. They had similar design features except for the following modifications to
Alternative 4:
• Base Line Road would be widened slightly more on the southerly side;
• The Northbound Loop entrance ramp would be replaced by Eastbound dual left
turn lanes to the Northbound Interstate 15 freeway;
• The Diamond entrance ramp would be widened to receive dual left turns from
Eastbound Base Line Road left lanes;
• The Northbound exit ramp that utilizes existing East Avenue undercrossing
bridge would need to be widened to accommodate the two lane exit; and
Two new bridges and one widened bridge would be required to be constructed.
Alternative 4 was developed and selected as the preferred alternative for the Proposed Project
because it met the purpose and need for the Interchange improvements and it eliminated the
need for the acquisition of commercial buildings and the acquisition and relocation of fourteen
(14) businesses in the southeast quadrant of the Interchange.
General Plan and Specific Plan Compliance
Base Line Road is currently a four-lane roadway within the proposed Project limits. Because of
recent and future planned housing, retail and commercial developments in the cities,
improvements to Base Line Road and the Interstate 15 Interchange are necessary to
accommodate population growth and the resulting increase in traffic demands. The Cities of
Rancho Cucamonga's and Fontana's Circulation Elements of their respective General Plans
specify that Base Line Road is intended to be a six to eight lane major highway or arterial within
the proposed Project limits, and is intended to provide efficient high volume traffic flow within
their Cities and the region.
The proposed Project conforms to the City of Rancho Cucamonga's Circulation Elements of its
General Plan, General Plan Amendment and Etiwanda Specific Plan, which require that Base
Line Road be a six-lane Major Divided Highway within the proposed Project limits. Base Line
Road in the City of Rancho Cucamonga is currently improved with four lanes within the
proposed Project limits. The City of Rancho Cucamonga's General Plan specifies that six lanes
within the proposed Project limits are sufficient to meet local and regional circulations needs for
future growth.
The proposed Project also conforms to the City of Fontana's Circulation Elements of its General
Plan and West End Specific Plan, which identifies Baseline Avenue as a major east-west
highway, which can accommodate six to eight lanes of travel and allowing for raised medians.
Baseline Avenue in the City of Fontana is currently improved with six lanes from Citrus Avenue
to Interstate 15.
Resolution No. 13-051 - Page 3 of 13
The City of Fontana's General Plan specifies that within the proposed Project limits, it is
recommended that arterial segments that are located between freeway ramps and the next
parallel facility, on either side of the freeway, such as Baseline Avenue at Interstate 15, be
planned with an additional lane in each direction beyond its designated functional classification.
These lanes will function as "auxiliary lanes" for more freeway access capacity and more
efficient traffic flow between the ramps and the adjacent intersections and can serve as
dedicated right turn lanes at the next intersection.
Section 5. As a proposed discretionary action by a local agency, the proposed Project is
subject to the California Environmental Quality Act Public Resources Code Section 21000, et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. § 15000 et seq. ("CEQA.") Further,
because the proposed Project will be partially funded by the Federal Government, it is subject to
the National Environmental Policy Act NEPA, 42 U.S.C. 4332 (2)(c) ("NEPA.") Accordingly, the
proposed Project was subject to both federal and state environmental review.
Caltrans was the designated lead agency under the current Federal Highway Administration
("FHWA") and Caltrans' stewardship program. Therefore, in accordance with 23 U.S.C. 327,
Caltrans was tasked with being the lead agency for CEQA and NEPA compliance and for
providing full over-sight on the planning, design and right-of-way acquisition for the proposed
Project.
As the lead agency for the proposed Project, Caltrans commissioned the preparation of an Initial
Study along with a Mitigated Negative Declaration ("IS/MND") as required under CEQA, and an
Environmental Assessment along with Finding of No Significant Impacts ("EA/FONSI") as
required under NEPA.
Caltrans studied and analyzed the potential environmental effects of the proposed Project to
identify potentially significant impacts to the environment and to identify the most feasible
alternative that would accomplish the basic project objectives while lessening or eliminating any
potentially significant project impacts to the environment.
Pursuant to the requirements under CEQA and NEPA, checklists were utilized in order to
identify physical, biological, social and economic factors that might be affected by the proposed
Project. In many cases, background studies performed in connection with the proposed Project
indicated no impacts under CEQA and NEPA. The following factors were identified as having
less than significant impact and were studied further for the purposes of the proposed Project:
Visual/Aesthetics Review, Hazardous Waste and Hazardous Materials, Air Quality,
NPDES/Water Quality, and Noise.
Visual/Aesthetics Review
For visual and aesthetics' review, compliance with CEQA requires, at a minimum, that a Scenic
Resource Evaluation be conducted. Under NEPA, a Visual Impact Assessment (VIA) is
required to assess visual impacts of the proposed Project. A VIA, dated February 2011, was
prepared as part of the proposed Project to satisfy the requirements of both CEQA and NEPA.
The VIA assessed the potential visual impacts and analyzed any potential changes of views of
or from Interstate 15 and Base Line Road by the proposed Project.
After performing extensive study and review, the VIA discussed the impacts of the proposed
alternatives and made recommendations that certain measures be implemented in order to
avoid, minimize or mitigate adverse visual impacts. The measures recommended in the VIA
have been considered as part of the design and construction of the proposed Project.
Resolution No. 13-051 - Page 4 of 13
Hazardous Waste and Hazardous Materials
An Initial Site Assessment (ISA) dated March 2007 along with a Supplemental Initial Site
Assessment dated March 2011 (SISA) were prepared in order to assess the potential for
hazardous waste and materials as part of the proposed Project. After having performed
assessments, further study and multiple testing to determine the nature and extent of the
potential for hazardous waste and materials within the proposed Project limits, certain handling
recommendations were made in order to address Aerially Deposited Lead (ADL) and asbestos
containing materials (AGMs). In addition, a Limited Site Investigation was conducted to test for
herbicides, pesticides, and metals associated with the applications of herbicides and pesticides
during the operation of a former nursery within the proposed Project limits, there were no
recommendations for further investigations of this former agricultural site.
Air Quality and NPDES/Water Quality
An Air Quality Analysis, dated February 2011, was prepared to review potential air quality
issues associated with the proposed Project, and a storm water data report was prepared and
approved by Caltrans on June 1, 2011 to consider water quality impacts of the proposed
Project. Based on the findings of the analysis and report, no mitigation measures were needed
for Air Quality and NPDES/water quality impacts as part of the proposed Project.
Noise
A Noise Abatement Decision Report (NADR) was prepared and approved on both March 4,
2011 and March 8, 2011. Based on the NADR, when compared with Alternative 1-no build
alternative, the noise levels of Alternatives 2 and 4 were expected to only increase by no more
than 3dBA. Therefore, this increase in noise would not be perceptible to the human ear in an
outdoor environment. Therefore, sound barriers were not recommended for Alternative 4 under
CEQA and NEPA standards.
However, Caltrans requested, and the City of Rancho Cucamonga committed to the
construction of a sound barrier (SB No. 4) at a height of approximately 14 feet adjacent to the
off-ramp in the Northwest quadrant of the Interchange within the proposed Project limits. The
purpose of which was to address potential noise impacts to the residences in the adjacent
subdivision associated with the new location of the off-ramp in the northwest quadrant of the
Interchange.
Additional NEPA Requirements
In addition to the above matters, NEPA also required consideration of Title VI, Independent
Utility/Logical Termini and Environmental Justice.
Mitigation Requirements under CEQA and NEPA
The proposed Project would have no significantly adverse effect on natural communities or
wetlands or other waters within the proposed Project limits, because the following mitigation
measures were required to reduce the potential effects to insignificance:
• Clean Water Act Section 401 Water Quality Certification permit from the Regional
Water Quality Control Board;
• Section 1602 Streambed Alteration Agreement from the California Department of
Fish and Game;
Resolution No. 13-051 - Page 5 of 13
• United States Army Corps of Engineers Section 404 Nationwide Permit No. 14;
and
• Air Quality Conformity Analysis Determination.
The Air Quality Conformity Analysis Determination letter was issued by FHWA (Federal
Highway Commission) on June 15, 2011. With regard to the remaining mitigation measures,
there was the option of either purchasing mitigation credits from an off-site mitigation bank or
participation in an in-lieu fee program; however, final determination would be made by the
applicable resource agency.
Approval of the Mitigated Negative Declaration and Finding of No Significant
Impacts
The Mitigated Negative Declaration and the Finding of No Significant Impacts along with the
mitigation requirements previously identified, were approved on September 30, 2011. The
Notices of Availability were distributed to federal, state, regional and local agencies, and certain
elected officials and property owners and were published in the appropriate publications on
September 30, 2011. There have been no challenges to the IS/MND and EA/FONSI.
Section 6. The City Council of the City of Rancho Cucamonga hereby finds and determines
that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and least private injury;
C. The property described on Exhibit "A" and depicted on Exhibit "B"
attached hereto is necessary for the proposed Project;
D. The offer required by Section 7267.2 of the Government Code was made
to the owners of record.
Section 7. The City has complied with the notice requirements of Code of Civil Procedure
Section 1245.235.
Section 8. The findings and declarations contained in this Resolution are based upon the
record before the City Council on May 1, 2013, which includes the Staff Report dated May 1,
2013 and all documents referenced therein, including the environmental documents referenced
above, and any testimony, records, and documents produced at the hearing, all of which are
incorporated herein by this reference.
Section 9. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney's office and staff to take all steps necessary to commence and
prosecute legal proceedings in a court of competent jurisdiction to acquire by eminent domain
the property described on Exhibits "A" and "B" attached hereto.
Section 10. This Resolution shall take effect upon adoption.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 13-051 - Page 6 of 13
PASSED, APPROVED, AND ADOPTED this 1s`day of May 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. ennis ichael, Mayor
ATTEST:
ice C. Reynolds, City 0 rk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 1st day of May 2013.
Executed this 2nd day of May 2013, at Rancho Cucamonga, California.
a4�6� e-� �
J ce C. Reynolds, City CWrk
Resolution No. 13-051 - Page 7 of 13
EXHIBIT "A"
22602-1
THOSE CERTAIN PORTIONS OF PARCELS 2 AND 3 OF PARCEL MAP NO. 15412,IN THE CITY OF
FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,RECORDED IN BOOK 189,
PAGES 71 THROUGH 72, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 3;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCELS, SOUTH 89°58'57"EAST 249.44 FEET;
THENCE SOUTH 47°01'40"EAST 39.62 FEET;
THENCE SOUTH 89°58'5T'EAST 6.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 00°01'03"WEST 19.09 FEET;
THENCE NORTH 89058'57"WEST 7.07 FEET;
THENCE NORTH 45018'2 1"WEST 39.95 FEET TO A LINE PARALLEL WITH AND DISTANT 18.00 FEET
SOUTHERLY FROM SAID NORTHERLY LINE;
THENCE ALONG SAID PARALLEL LINE NORTH 89058'57"WEST 249.08 FEET TO THE WESTERLY LINE
OF SAID PARCEL 3;
THENCE ALONG SAID WESTERLY LINE NORTH 00023'25"EAST 18.00 FEET TO
THE POINT OF BEGINNING;
CONTAINING 5,165 SQUARE FEET MORE OR LESS
ALL AS SHOWN ON EXHIBIT`B",ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS,CONDITIONS, RESERVATIONS,RESTRICTIONS,RIGHTS-OF-WAY AND
EASEMENTS OF RECORD IF ANY.
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Resolution No. 13-051 - Page 8 of 13
EXHIBIT"A"
22602-2
THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE
GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND
A 1 I. Alillx S RIGHTS OF ACCESS APPURTENANT TO GRANTOR'S REMAINING
iCTY, OVER AND ACROSS THAT PORTION OF PARCELS 2 AND 3 OF PARCEL
MAP NO. 15412, IN THE CITY OF FONTANA,COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, RECORDED IN BOOK 189, PAGES 71 THROUGH 72, OF PARCEL MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LOCATED ALONG THE WESTERLY LINE OF SAID PARCEL 3,
DISTANT SOUTH 00023'25" WEST 18.00 FEET FROM THE NORTHWEST CORNER OF SAID
PARCEL;
THENCE PARALLEL WITH THE NORTHERLY LINE OF SAID PARCELS
SOUTH 89058'57"EAST 249.08 FEET.
ALL AS SHOWN ON EXHIBIT`B", ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
AND
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Resolution No. 13-051 - Page 9 of 13
EXHIBIT"A"
TEMPORARY CONSTRUCTION EASEMENT
22602-3
THOSE CERTAIN PORTIONS OF PARCELS 2 AND 3 OF PARCEL MAP NO. 15412, IN THE CITY OF
FONTANA,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED IN BOOK 189,
PAGES 71 THROUGH 72, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LOCATED ALONG THE WESTERLY LINE OF SAID PARCEL 3,DISTANT
SOUTH 00023'25" WEST 18.00 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL;
THENCE PARALLEL WITH THE NORTHERLY LINE OF SAID PARCELS SOUTH 89058'57"EAST
249.08 FEET;
THENCE SOUTH 45018'21"EAST 39.95 FEET;
THENCE SOUTH 89058'57"EAST 7.07 FEET;
THENCE SOUTH 00°01'03" WEST 28.41 FEET;
THENCE NORTH 89058'57"WEST 10.00 FEET;
THENCE NORTH 00001'03"EAST 17.08 FEET;
THENCE NORTH 45018'21"WEST 34.73 FEET TO A LINE PARALLEL WITH AND DISTANT 33.00 FEET
SOUTHERLY FROM SAID NORTHERLY LINE;
THENCE ALONG SAID PARALLEL LINE NORTH 89058'57"WEST 249.96 FEET TO THE WESTERLY
LINE OF SAID PARCEL 3;
THENCE ALONG SAID WESTERLY LINE NORTH 00023'25"EAST 15.00 FEET TO
THE POINT OF BEGINNING;
CONTAINING 4,388 SQUARE FEET MORE OR LESS
ALL AS SHOWN ON EXHIBIT`B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS,RIGHTS-OF-WAY AND
EASEMENTS OF RECORD IF ANY.
SAND SL
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Resolution No. 13-051 - Page 10 of 13
EXHIBIT "B"
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