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HomeMy WebLinkAbout2022-012 - Resolution RESOLUTION NO. 2022-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE SEPARATION PROJECT (TWO TEMPORARY CONSTRUCTION EASEMENTS OVER A PORTION OF APNS 0229-131-30 & 31) WHEREAS, the City of Rancho Cucamonga ("City") is a municipal corporation in the County of San Bernardino, State of California; and WHEREAS,the City seeks to construct the Etiwanda Grade Separation Project("Project"). The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four-lane grade separated roadway over the Southern California Regional Rail Authority ("SCRRA")/Burlington Northern and Santa Fe Railroad ("BNSF") San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City's General Plan of Circulation. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference; and WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18. Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad grade separation project which eliminates and existing grade crossing or reconstructs an existing grade separation. The City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning and Research and the County clerk as specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was filed with the Office of Planning and Research and with the County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements; and WHEREAS, in connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests. Resolution No. 2022-012 - Page 1 of 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-012, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Two temporary construction easements on portions of APNs 0229-131-30 & 31). SECTION 2. The City seeks to acquire by eminent domain the real property interest described below in Section 3 of this Resolution for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 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, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law. SECTION 3. The City seeks to acquire two temporary construction easements, each with a term of 30 months, consisting of approximately 1,254 square feet and approximately 4,024 square feet over portions of the real property located at 12521 Arrow Route and 8688 Etiwanda Avenue, Rancho Cucamonga, California, and further identified as San Bernardino County Tax Assessor's Parcel Numbers 0229-131-30 and 0229-131-31 in connection with the Project. The two easements are collectively referred to herein as"Subject Property Interest," and APNs 0229- 131-30 & 31 are collectively referred to herein as "Goodman Rancho Parcel." The Subject Property Interest is described more particularly in Exhibit "A" and depicted on Exhibit "B", which are attached hereto and incorporated herein by this reference. SECTION 4. The environmental effects of the acquisition of the Subject Property Interest were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest. SECTION 5. The Project, as planned and designed, is in the public interest and necessity and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as more fully explained below: A. The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four- lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two- lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a Resolution No. 2022-012 - Page 2 of 12 northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City's General Plan of Circulation. B. The Project will reduce vehicle and truck delays, improve safety and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Additionally, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole. C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the City's General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interest for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing. D. The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of several permanent easements and temporary construction easements over portions of 10 larger parcels, as well as fee interests in two parcels owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owner of the Subject Property Interest to minimize the impact of the Project on the parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interest. SECTION 6. A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Goodman Rancho Parcel, the approximate 1,254 square foot and 4,024 square foot temporary construction easements the City seeks to acquire for a period of 30 months for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto. B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on October 26, 2021 to Goodman Rancho SPE LLC, the owner of record. The fair market value appraisal used a date of value of October 14, 2021. C. The City's written offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser's opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City's offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of value. In addition, the written offer explained the Resolution No. 2022-012 - Page 3 of 12 appraiser's valuation analysis, including severance damages. It included the City's comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the approximate 1,254 square foot and 4,024 square foot temporary construction easement areas. SECTION 7. The City provided written notice to the owner of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain. SECTION 8. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of- way area. The public use for which the City seeks to acquire the Subject Property Interest, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interest that are affected by the Project. Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650. SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein and any oral and written testimony at the hearing, the City Council 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 the least private injury; C. The Subject Property Interest described more particularly in Exhibit"A"and depicted on Exhibit "B" hereto, is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property Interest the City seeks to acquire. SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owner and or the owner's representative(s). These documents include, but are not limited to the City of Rancho Cucamonga's General Plan,the offer letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City's intent to consider the adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice of Exemption for the Project. SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney's Office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the approximate 1,254 square foot and Resolution No. 2022-012- Page 4 of 12 4,024 temporary construction easements for a period of 30 months for the Project. The Subject Property Interest is described more particularly on Exhibit"A" and depicted on Exhibit"B" hereto. SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding. SECTION 13. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 19th day of January 2022. i L e i is ael, Mayor A T: a ice C. Reynolds, ity ClerkQ STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 19th day of January 2022. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 20th day of January, 2022, at Rancho Cucamonga, California. e C. Reynolds, City Clerk APPROVED AS TO FORM: le Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Resolution No. 2022-012 - Page 5 of 12 Resolution No. 2022-012 - Page 6 of 12 Exhibit A Legal Description Etiwanda Grade Separation Project APN 229-131-31 / Goodman Temporary Construction Easements Page 1 of 2 Pages Those portions of Parcel 2 of Parcel Map No. 19448,in the City of Rancho Cucamonga,County of San Bernardino, State of California,as shown on the map filed in Book 242, Pages 56 through 60 of Parcel Maps,records of said County,described as follows: TCE1 Commencing at the southeast corner of the temporary construction easement described in the grant of temporary construction easement recorded May 18,2015 as Document No.2015-0203908 of Official Records of said County, being a point on the west right of way of Etiwanda Avenue,fifty(50)foot half-width,as described in the Grant of Easement recorded April 3, 1995 as Document No.95-101283 of Official Records of said County; Thence,along the south line of said temporary construction easement, being also the south line of said Parcel 2, South 89"53'57"West,a distance of 141.60 feet to the southwest corner of said temporary construction easement; Thence,along the west line of said temporary construction easement,North 00°07'00" East,a distance of 43.60 feet to the True Point of Beginning, being the beginning of a non-tangent curve to the right,concave northerly,the radial center of which bears North 16°07'54"West,a distance of 475.00 feet; Thence 15t, leaving said west line,westerly along said curve,through a central angle of 01°57'48",an arc distance of 16.28 feet; Thence 2"d, North 13°15'08"West,distance of 53.26 feet to the beginning of a non-tangent curve to the left,concave northerly,the radial center of which bears North 11049'58"West,a distance of 175.00 feet; Thence 3'd,easterly along said curve,through a central angle of 07007'02",an arc distance of 21.74 feet,- Thence 4th, North 00°36'05"West,distance of 8.00 feet; Thence 5th,South 89°54'08" East,distance of 7.18 feet to the west line of said temporary construction easement; Thence 6th,along said west line,South 00007'00"West,distance of 61.34 feet to the True Point of Beginning. Containing 1,254 square feet, more or less. TCE2 Commencing at the southeast corner of the temporary construction easement described in the grant of temporary construction easement recorded May 18,2015 as Document No.2015-0203908 of Official Records of said County, being a point on the west right of way of Etiwanda Avenue,50 feet wide,as described in the Grant of Easement recorded April 3, 1995 as Document No.95-101283 of Official Records of said County; Thence,along the south line of said temporary construction easement,being also the south line of said Parcel 2, South 89°53'57"West,a distance of 141.60 feet to the southwest corner of said temporary construction easement; """ GUIDA Job No.0618-00016 Resolution No. 2022-012 - Page 7 of 12 � Goodman TCE.docx snows: SURVEYING INC. Exhibit A Legal Description Etiwanda Grade Separation Project APN 229-131-31 / Goodman Temporary Construction Easements Page 2 of 2 Pages Thence,along the west line of said temporary construction easement,North 00°07'00"East,a distance of 170.90 feet to the northwest corner of said temporary construction easement, being the True Point of Beginning; Thence 15Y,along the northerly prolongation of last said west line,North 00°07'00" East,a distance of 2.14 feet; Thence 2"', North 89°53'57" East,distance of 74.61 feet; Thence 3'd, North 50°50'20"East,distance of 55.55 feet; Thence 41h, North 12°08'58" East,distance of 76.75 feet; Thence 5th, North 01°57'46" East,distance of 186.11 feet; Thence 6th, North 89°34'37" East,distance of 2.00 feet to said west right of way of Etiwanda Avenue; Thence 7th,along said west right of way,South 00007'00"West,distance of 298.14 feet to the northeast corner of said temporary construction easement; Thence 8th,along the north line of said temporary construction easement,South 89°53'57"West,a distance of 141.60 feet to the True Point of Beginning. Containing 4,024 square feet, more or less. Notes • The above legal description is based on the dimensions,information,and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys. • Bearings and distances are referenced to the California Coordinate System,Zone 5 grid, NAD83(2011) CSRS Epoch 2017.50.To obtain ground level distances,multiply grid distances by 1.000060364. This descript n b n repa d by me,or under my direction, in conformance with the Professional Land Surveyors Act. l k 10-04-2021 Justin P. Height, LS 6167 Date G J', TIN H=11-7\'I V). 6161 i Job No.0618-00016 Resolution No. 2022-012- Page 8 of 12 � " GUIDA Goodman TCE.docx ���" :■■■■: SURVEYING INC. Resolution No. 2022-012 - Page 9 of 12 SOUTH LINE OF PARCEL 2 TCE1 TEMP. CONST. EASEMENT 1,254 SQ. FT. Q 1- (SEE PAGE 2) 7 M 0 , J 0 TRUE POINT PAR DEL ]MAP NO � 1 9-''r'r' `0 LLl u J OF BEGINNING r rl �� r! l L� `` TCE2 FIMM 2 2/56 0J 0 <11 Q TCE2 CD TEMP. CONST. EASEMENT 0 � / TRUE POINT < c ON OF BEGINNING C�S� 4,024 SQ. FT. o -N L� TCE 1 ������� �� (SEE PAGE 3) ON z ,C, O O N POINT OF o COMMENCEMENT U1 WEST ROW OF ETIWANDA cQ o TCE1 & TCE2 o AVE. PER 95-101283 OR o m _ 0 ETIWANDA AVENUE NOTES 0 N LAND PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF z o4w SURVEYS. JUSTIN P. HEIGHT'I BEARINGS AND DISTANCES ARE REFERENCED TO THE NO. 6167 CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(201 1) SCALE: 1"=80' ,P� \P , CSRS EPOCH 2O17.50. TO OBTAIN GROUND LEVEL DISTANCES, 9TeOF CA0 MULTIPLY GRID DISTANCES BY 1.000060364. ■■■■■SOON THIS PLAT HAS BEEN PREPARED BY ME, OR Exhibit B G U IDA UNDER Y DIRECTION, IN CONFORMANCE WITH Plat Map 1NOOO T Etiwanda Grade Separation Project ■■ ■■� MY LAND SURVEYORS ACT. APN 229-131-31 /Goodman ��■��■ SURVEYING INC. ` `` i 10-04-2021 Temporary Construction Easements Page 1 of 3 Pages Job No.0618-00016 Goodman TCE.dwg JUSTIN . SIGHT, PLS 6167 DATE COURSE TABLE L1 S89`53'57"W 141.60' [TIE] L2 N00°07'00"E 43.60' [TIE] C1 R=475.00 D=01°57'48" L=16.28' Z L3 N13'15'08"W 53.26' C2 R=175.00' D=07°07'02" L=21.74' L4 N00'36'05"W 8.00' L5 S89°54'08"E 7.18' SCALE: 1"=20' L6 S00°07'00"W 61.34' TCE1 TEMP. CONST. EASEMENT 1,254 SQ. FT. (D Y) N1_9,5g„w 0 RpO1PL PARCEL 2 L3 C2 �r1l�Cr I 1\J1A-P N0 1 9';''r3, y f. O _ P1\J1E 242/5rJ J� i� N C1 W L4 �© � L2[TIE] L5 ' �- ,�R�Q c� -------- m L6 o w -h - TPOB N TCE1 J TC— JOG, INN 2015-0203902 OR POC TCE1 WEST ROW OF ETIWANDA AVE_z� PER 95-101283 OR ETIWANDA AVENUE Exhibit B •■■■■■ GUIDA N N Plat Map ■E SE Etiwanda Grade Separation Project MENNEN APN 229-131-31 /Goodman M'EM'1EM SURVEYING INC. Temporary Construction Easements Job No.0618-00016 Goodman TCE.dwg Page 2 of 3 Pages COURSE TABLE TPOB TCE2 L1 S89'53'57"W 141.60' [TIE] L2 N00'07'00"E 170.90' [TIE] Z L3 N00'07'00"E 2.14' L4 N89'53'57"E 74.61' L2 L5 N50'50'20"E 55.55' [TIE] L3 SCALE: 1"=40' L6 N12`08'58"E 76.75' �...______ L7 N01°57'46"E 186.11' L8 N89'34'37"E 2.00' j L9 S00'07'00"W 298.14' L10 S89'53'57"W 141.60' m o T PARR I J � _ �1 P1\JIEi' 242/56 60 Z N J TCE2 ^' ,l TEMP. CONST. EASEMENT 4,024 SQ. FT. cQ � m N 0 L6 N L7 �L8 L9 _ WEST ROW OF ETIWANDA POC TCE2 AVE. PER 95-101283 OR ETIWANDA AVENUE ������ Exhibit B EN G U I DA Plat Map :® :■ Etiwanda Grade Separation Project �vW SURVEYING INC. Temporary Construction Easements Job No.0618-00016 Goodman TCE.dwg Page 3 of 3 Pages