HomeMy WebLinkAbout2022-010- Resolution RESOLUTION NO. 2022-010
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 (TEMPORARY CONSTRUCTION EASEMENT OVER
A PORTION OF APNS 0229-131-15, 16 & 26)
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. 2022-010- Page 1 of 9
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. 2022-010, 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 (A temporary construction easement
on a portion of APNs 0229-131-15, 16 & 26).
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 an approximate 8,073 square foot temporary
construction easement with a term of 18 months("Subject Property Interest") over a portion of the
real property located at 8768 and 8822 Etiwanda Avenue, Rancho Cucamonga, and identified as
San Bernardino County Tax Assessor's Parcel Numbers 0229-131-15, 0229-131-16, and 0229-
131-26 ("SCG of DP Etiwanda Parcel") in connection with the Project. 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
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
Resolution No. 2022-010- Page 2 of 9
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 SCG of DP Etiwanda Parcel, the
approximate 8,073 square foot temporary construction easement the City seeks to acquire for a
period of 18 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 SCG of DP Etiwanda 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
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
Resolution No. 2022-010- Page 3 of 9
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 8,073 square foot temporary construction easement
area.
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 an approximate 8,073 square foot
temporary construction easement for a period of 18 months for the Project. The Subject Property
Interest is described more particularly on Exhibit"A" and depicted on Exhibit"B" hereto.
Resolution No. 2022-010- Page 4 of 9
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.
4 ��Oelz4l �/ /
ennis Michael, Mayor
ATT
i e C. Reynolds, CTy Clerk
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.
WG .G'220
iceC. ynolds, ity Clerk
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
Resolution No. 2022-010- Page 5 of 9
Resolution No. 2022-010- Page 6 of 9
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-16 / SCG/DP Etiwanda, LLC
Temporary Construction Easement
Page 1 of 1 Pages
That portion of Parcel A of Lot Line Adjustment No. LLA 2018-00009, in the City of Rancho Cucamonga,County of
San Bernardino,State of California,described in the Certificate of Compliance recorded August 29,2018 as
Document No.2018-0318431 of Official Records of said County,described as follows:
Commencing at the northeast corner of said Parcel A as shown on Record of Survey 19-0109,filed in Book 168,
Pages 53 through 63 of Records of Survey, being a point on the west right of way of Etiwanda Avenue,sixty(60)
foot half-width,as described in the Grant of Easement recorded February 10, 1971 in Book 7607, Page 364 of
Official Records of said County;
Thence,along said right of way,South 0°07'00"West,a distance of 189.78 feet to a point on the line common to
said Parcel A and the land described in the Grant Deed recorded October 27, 1977 in Book 9293, Page 615 of
Official Records as shown on said Record of Survey,said point being the True Point Of Beginning;
Thence 15Y,along said common line North 89°16'06"West,a distance of 110.64 feet;
Thence 2"d,leaving said common line North 0°07'00" East,a distance of 72.17 feet;
Thence 3'd, North 89°53'39" East,a distance of 110.64 feet to said west right of way of Etiwanda Avenue;
Thence 4`h,along said west right of way,South 0°07'00"West,a distance of 73.78 feet to the True Point of
Beginning.
Containing 8,073 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. '\ -
` 10-04-2021 ` h
Justin P. Height, LS 6167 Date
IJ'.`;TIN H-IG-T'
vC. 16
Job No.0618-00016 Resolution No. 2022-010 - Page 7 of 9
"""SCG/DP Etiwanda,LLC GUIDA
moons: SURVEYING INC.
Resolution No. 2022-010 - Page 8 of 9
NOTES
PLAT MAP IS BASED ON THE INFORMATION AND POINT OF COMMENCEMENT
LAND REFERENCES SHOWN ON RECORD OF NW CORNER OF PARCEL A 50'
SURVEY 19-0109 FILED IN BOOK 168, PAGES
53 THROUGH 63 OF RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO WEST ROW ETIWANDA AVE
THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 PER 7607 OR 364 60'
GRID, NAD83(201 1) CSRS EPOCH 2O17.50. TO
OBTAIN GROUND LEVEL DISTANCES, MULTIPLY r,
GRID DISTANCES BY 1.000060364. TEMP. CONST. EASEMENT L4 L
8,073 SO. FT. u z
w
%'Lq,CD
Q
o
I I A 01 9-0000 9 L2 Q
3 DOC NO » 1 2 -03 1 0-43 1 OR TRUE POINT 3:
o OF BEGINNING f=-
40' w
nNi COURSE TABLE
L1 SO°07'00"W 189.78' [TIE]
L2 N89°16'06"W 110.64'
L3 NO°07'00"E 72.17'
CD L4 N89°53'39"E 110.64' 0Dc71NIfO2,009-001112-23 50'
o L5 SO°07'00"W 73.78'
\o�P� LAND s� S13CTA RAIL CORRIDOR
�G
JUSTIN P. HEIGHT N
� N0. 6167 �
SCALE: 1"=100' Exhibit B
�nionnn sT�TFOF CA��F UNDER MY DIRECS PLAT HAS TION,EEN PINECONFO MA CE WIPARED BY ME, RTH Plat Map
MENNEN GUIDA THE F�$SfONAL LAND SURVEYORS ACT. Etiwanda Grade Separation Project
MENNEN \ 1 APN 229-131-16/SCG/DP Etiwanda, LLC
M.o..M SURVEYING INC. ` ` ' 10-04-2021 Temporary Construction Easement
Job No.0618-00016 JUSTIN P. HEIGKT, PLS 6167 DATE Page 1 of 1 Pages