HomeMy WebLinkAbout2022-007- Resolution RESOLUTION NO. 2022-007
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 SAN SEVAINE TRAIL PROJECT, PHASE 1, SEGMENT 2 (A
PERMANENT EASEMENT OVER A PORTION OF APN 0228-044-24)
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 San Sevaine Trail Project, Phase 1,
Segment 2 ("Project").
The Project requires the acquisition of additional property for a Multi-Use (bike and
pedestrian) trail. The Project extends from Banyan Street on the north and the Pacific
Electric Trail, south of Victoria Street on the south, passing under Interstate 15, and
spanning a total of 1.35 miles. The Project will enhance the existing Flood Control District
maintenance road that runs parallel to the Etiwanda Channel by adding striping, trail
lighting, asphalt pavement, fencing, retaining walls, sidewalk, and curb to allow bicyclists
and pedestrian use of the Multi-Use trail easement. When completed in July 2023, the
Project will provide an additional area for bike and pedestrian mobility access to the
public, and will encompass areas of both the City of Rancho Cucamonga and the City of
Fontana. 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").
Effects were also studied and analyzed pursuant to the National Environmental Policy Act
("NEPA").
The City of Fontana (the lead agency in this joint agency project), adopted a Mitigated Negative
Declaration (MND) pursuant to the CEQA requirements on July 30, 2020.
The State of California, Department of Transportation ("Caltrans") determined that the project
qualifies for categorical exclusion under 23 USC 327 pursuant to NEPA requirements in May
2016; 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
Resolution No. 2022-007 — Page 1 of 11
analysis. These environmental findings are the appropriate findings with respect to the
proposed acquisition of the Subject Property Interest.
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-
007, 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 San Sevaine Trail Project, Phase 1,
Segment 2 (a permanent easement over a portion of APN 0228-044-24).
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 public trail
and related purposes, and all uses necessary or convenient thereto in connection with
the San Sevaine Trail Project, Phase 1 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 13,689 square foot
permanent easement over a portion of the real property located at the Terminus of
Smokestone Street, East of Torrey Pine Court, Rancho Cucamonga, California, and
further identified as San Bernardino County Tax Assessor's Parcel Number 0228-044-24
in connection with the Project. The permanent easement is referred to herein as "Subject
Property Interest," and APN 0228-044-24 is referred to herein as "Yang 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 construct and maintain a Multi-Use (bike and pedestrian) trail,
as more fully explained below:
Resolution No. 2022-007 — Page 2 of 11
A. The Project extends from Banyan Street on the north and the Pacific
Electric Trail, south of Victoria Street on the south, passing under Interstate 15, and
spanning a total of 1.35 miles. The Project will enhance the existing Flood Control District
maintenance road that runs parallel to the Etiwanda Channel by adding striping, trail
lighting, asphalt pavement, fencing, retaining walls, sidewalk, and curb to allow bicyclist
and pedestrian use of the Multi-Use trail easement. When completed in July 2023, the
Project will provide an additional area for bike and pedestrian mobility access to the
public, and will encompass areas of both the City of Rancho Cucamonga and the City of
Fontana. All work is consistent with the Land Use and Community Character Element of
the City's General Plan.
B. Goal LC-5, Connected Corridors, of the Land Use and Community
Character Element, provides for "A citywide network of transportation and open space
corridors that provides a high level of connectivity for pedestrians, bicyclists, equestrians,
motorists, and transit users. Further, Goal OS-1, Open Space, provides for"A complete,
connected network of diverse parks, trails, and rural and natural open space that support
a wide variety of recreational, educational and outdoor activities." Goal OS-2, Trails,
provides for"A complete, connected network of diverse trails and connected open space
that improves access to all areas of the city and encourages non-motorized activities."
Specifically, Goal OS-2.5 provides, "Utility Corridors. Preserve the primary function of
utility corridors while providing every reasonable opportunity for shared public use for
active mobility and recreational purposes." The City seeks to acquire the Subject
Property Interest for public use, namely a non-exclusive, Multi-Use (bike and pedestrian)
trail and related purposes, and all uses necessary or convenient thereto in connection
with the Project. The City seeks to construct the Project to improve bike and pedestrian
mobility, and provide a complementary use to property encumbered with an existing flood
control easement, that will benefit the community.
C. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of a non-
exclusive, permanent easement over a portion of property that is privately owned and is
currently encumbered by a flood control easement and storm-channel improvements.
Due to the existing flood control easement and the existing storm-channel improvements,
the property is not developable. Further, the property is zoned OS, Flood Control - Open
Space. The construction of the Project will not require any 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 Yang Parcel, and the
approximate 13,689 square foot permanent easement the City seeks to acquire for public
use, namely public trail and related purposes, and all uses necessary or convenient
thereto.
Resolution No. 2022-007 — Page 3 of 11
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on September 22, 2021 to Chao Ping Yang,
the owner of record. The fair market value appraisal used a date of value of July 16,
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
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to
$5,000.00, for an independent appraisal of the approximate 13,689 square foot
permanent 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 public trail 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). 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.
Resolution No. 2022-007 — Page 4 of 11
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, San Sevaine Trail 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 13,689 square foot permanent easement 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.
Resolution No. 2022-007 — Page 5 of 11
PASSED, APPROVED, and ADOPTED this 19th day of January 2022.
L. a is kh el, Mayor
ATTEST:
J nice C. Reynolds, City 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.
Ja ice C. Reynolds, Clerk
APPROVED AS TO FO
Nicholas R. Ghire i, City ttorney
Richards, Watson & Gershon
Resolution No. 2022-007 — Page 6 of 11
Exhoibimt
Resolution No. 2022-007 — Page 7 of 11
EXHIBIT"A"
LEGAL DESCRIPTION
That portion of Lot A of Tract No. 16302, in the City of Rancho Cucamonga, County of San
Bernardino, State of California,recorded May 16,2003 as Document No. 2003-0327765, in
Book 292 pages 28-30 of Tract Maps, Official Records of said County,more particularly
described as follows:
Commencing at the northwest corner of said Lot A;
Thence along the northerly line of said Lot A,North 89°41'26"East a distance of 35.90 feet,
more or less, to the top of the westerly side of the Etiwanda Channel shown on said Tract No.
16302, as currently constructed by the San Bernardino County Flood Control District,and the
TRUE POINT OF BEGINNING;
Thence along said top of westerly side of the Etiwanda Channel, South 00°45'53"West a
distance of 721.94 feet to the southerly boundary line of said Lot A;
Thence along said southerly boundary line, South 89°58'10"West a distance of 18.00 feet to a
line parallel with and 18.00 feet distant from said top of the westerly side of the Etiwanda
Channel;
Thence along said parallel line,North 00°45'53"East a distance of 360.95 feet;
Thence North 01*01'42"East a distance of 63.92 feet to a line parallel with and 20.00 feet
distant from said top of the westerly side of the Etiwanda Channel;
Thence along said parallel line,North 00°45'53"East a distance of 262.08 feet to the beginning
of a 192.00 feet radius curve, concave southwesterly;
Thence northwesterly along said curve through a central angle of 10*27'18"an arc distance of
35.04 feet to said northerly line of Lot A;
Resolution No. 2022-007 — Page 8 of 11
Thence along said northerly line,North 89°41'26"East a distance of 23.19 feet to the TRUE
POINT OF BEGINNING.
Containing: 13,689 sq.ft. or 0.314 acres of land, (more or less).
As shown on Exhibit"B"attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in conformance
with the Professional Land Surveyors Act.
` c• ti
2-1-2021 `
hn C. Bentley, P.L.S. 2 3 Date '` No. 7223 "
Resolution No. 2022-007 — Page 9 of 11
SVEXFONT0053-Lot A Easement.docx 3/2015
Exhimbimt
Resolution No. 2022-007 — Page 10 of 11
Curare Table
Curve # Radius Delta Length 330.00'
C1 192.00' f077'18" 35.04' N89 41'26E
POC L1
142.80'
Line Table 105.00' 182.20' 106.90'
W I C1 TPOB
Line Length Direction M g 1 L7
r o 11 1
L1 35.90' N89'41'26"E
Z I 12
L2 721.94' S00145'53"W N89 41'24"E LOT A
L3 18.00' S89'58'10"W 10162.00' �ti L4 360.95' N00'45'53"E _____ NN
Fir)
L5 63 92' N01*01'42"W
C4 0 9 V 3
L6 262.08' N00'45'53"E •
� N —————PGA
a 14
L7 23.19' N89'41'26"E 8 _— N r
N N89 41'30"E I W
N 168.00' I ——— � 15 WESTOP
SIDE
s 1 I 7 .50 ----- OF
%
I i _ .W
CHANNEL
__2__i�'L6 M o 16
O N O
T -----0
�9ti g � Z
---
�. -T Z 17
W I j 0 0
m 3 I 4 I 5 \ ----- L3
s N I I 18 151.47' g
r- 130.44 113.8
g SMOKESTONE STREET/L S89 58'1 o"W o 281.91'
H S89•5810 IN659.98' o
I I I I I
23 1 22 1 21 1 20 1 19 1 LOT B
S8935'59"W 660.01'
ABBREVIATION pl UNp
CIL CENTERLINE LEGEND
S.F. SQUARE FEET ASS .
EASEMENT AREA
POC POINT OF COMMENCEMENT C� f 13,689 S.F. 0 0
TPOB TRUE POINT OF BEGINNING FECTED LOT 4
0 75 150 300 CjA MOW. 2-1-2021 * No. 7223
HN C. BEWLEY, PC50117223 4�Of CAUE��`�`p
/ ATE PREPARED: 12 8/2020
couHrv: cm: fCHECKED BY:
DAVID EVANB EXHIBIT"B" IN BERNARDINO RANCHO CUCAMONJCBE
ANoASOOCIATES ima. N BY.
4141 E.Inland Empire Blvd.,Suite 250 Easement JCBE
beHo.: EXHIBITOntario California 81784 :
Phone: 909.481.5750 FONT-0053 1 02/01/21
/ SHEET: TOTAL nvH, 0228-044-24 MALEa 1 1
1'=150'
Resolution No. 2022-007— Page 11 of 11