HomeMy WebLinkAbout2023-015 - Resolution RESOLUTION NO. 2023-015
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 (PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT OVER PORTIONS OF APN 02 9-31 27)
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")/Budington
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, 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 safe transit of pedestrians, bicyclists, vehicles, trucks, and trains.
Furthermore, the Project will provide improved response times in the area for first responders
such as police officers,firefighters, paramedics, and emergency medical technicians. All work is
consistent with ation. The
ns
the Engineering tServi es Department and are inhe City's General Plan of lcorporated here nfby this or the P roject are on file with
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 at 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 an 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 February 15,
2023, 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
Resolution No. 2023-015- Page 1 of 13
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
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. 2023-015, 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 (permanent easement and temporary
construction easement over portions of APN 0229-131-27).
SECTION 2. The City seeks to acquire by eminent domain the real property interests
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 100 square foot permanent
easement and an approximate 150 square foot temporary construction easement with a term of
twenty-four (24) months, for grade separation purposes, and all uses necessary and convenient
thereto from the real property located on the West side of Etiwanda Avenue and 405 feet South
of Whittram Avenue and further identified as San Bernardino County Tax Assessor's Parcel
Number 0229-131-27 in connection with the Project. The permanent easement and temporary
construction easement are collectively referred to herein as"Subject Property Interests,"and APN
0229-131-27 is referred to herein as"BNSF Parcel."The Subject Property Interests are described
more particularly in Exhibits "A-1" and "A-2" and depicted on Exhibits "B-1" and "B-2", which are
attached hereto and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property
Interests were studied as an integral part of the environmental review for the Project. In
connection with the proposed Resolution of Necessity, on February 15, 2023, 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.
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:
ProjectA. The right separation. The Project in olveshe wridening and q construction of Etiwanda f nda Avenue as way oa four-
Resolution de
Resolution No. 2023-015- Page 2 of 13
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, 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 safe transit of pedestrians, bicyclists,vehicles, trucks,
and trains. Furthermore, the Project will provide 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 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
Interests 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 adjacent
properties. Because of its scope, the Project requires the acquisition of several permanent
easements and temporary construction easements over portions of several 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 Interests to minimize the impact of the Project on the BNSF
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 Interests.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the BNSF Parcel, the approximate 100
square foot permanent easement and the approximate 150 square foot temporary construction
easement with a term of twenty-four(24) months the City seeks to acquire 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 December B, 2022 to Atchison Topeka & Santa Fe
RR Co., the owner of record. The fair market value appraisal used a date of value of October 26,
2022.
Resolution No. 2023-015- Page 3 of 13
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 appraisers opinion of value. In addition, the written offer explained the
appraiser's valuation analysis, including severance damages. It also 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 Subject Property Interests.
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 Interests by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interests, 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 for 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 Interests,
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 for which public utility easement holders have appropriated any utility easements
located on or within the area of the Subject Property Interests. Accordingly, the City is authorized
to acquire the Subject Property Interests 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 Interests described more particularly in Exhibits"Al"
and "A-2" and depicted on Exhibits"B-1" and "B-2" hereto, are 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 Interests 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
Resolution No. 2023-015- Page 4 of 13
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 100 square foot
permanent easement and an approximate 150 square foot temporary construction easement with
a term of twenty-four (24) months for the Project. The Subject Property Interests are described
more particularly on Exhibits"A-1" and "A-2" and depicted on Exhibits "6-1" and "13-2" 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. 2023-015- Page 5 of 13
PASSED, APPROVED, and ADOPTED this 150 day of February, 2023.
A06vv��if/
mschael, Mayo
ATTEST:
Janio . I� ynolds, City Clerk
/-
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
1, 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 W day of
February, 2023.
AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 16' day of February, 2023, at Rancho Cucamonga, California.
ce . Reynolds. City Clerk
APPF�AS T FOR
t—
Nicholas R. Ghirelli, City Attorney
Richards, Watson &Gershon
Resolution No. 2023-015- Page 6 of 13
Exhibit "A"
Resolution No. 2023-015- Page 7 of 13
Permanent Easement
EXHIBIT A-1
LEGAL DESCRIPTION
APN 229-131-27
PARCEL A
A PARCEL OF LAND, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, LYING IN SECTION 8, TOWNSHIP 1 SOUTH, RANGE
6 WEST, SAN BERNARDINO MERIDIAN, BEING THAT PORTION OF THAT CERTAIN PARCEL
OF LAND DESCRIBED IN THE DEED RECORDED APRIL 20, 1897 IN BOOK 237, PAGE 354,
OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
(HEREINAFTER REFERRED TO AS "ORIGINAL PARCEL"), BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THAT CERTAIN 100
FOOT WIDE STRIP OF LAND DESCRIBED AS "M" IN THE DEED FROM THE ATCHISON,
TOPEKA, AND SANTA FE RAILWAY COMPANY TO SAN BERNARDINO ASSOCIATED
GOVERNMENTS, RECORDED DECEMBER 15, 1992, AS INSTRUMENT NO. 92-514404, OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND
THE EAST LINE OF SAID SECTION 8, SAID POINT BEING THE SOUTHEAST CORNER OF
SAID ORIGINAL PARCEL;
THENCE LEAVING SAID NORTHERLY LINE OF THE 100 FOOT WIDE STRIP AND ALONG THE
EASTERLY LINE OF SAID ORIGINAL PARCEL NORTH 00°07'00" EAST, 90.06 FEET TO A LINE
THAT IS PARALLEL WITH AND 10.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, OF
THE NORTHERLY LINE OF SAID ORIGINAL PARCEL;
THENCE LEAVING SAID EASTERLY LINE OF THE ORIGINAL PARCEL AND ALONG SAID
10.00 FOOT PARALLEL LINE SOUTH 87°55'14" WEST, 40.03 FEET TO A LINE THAT IS
PARALLEL WITH AND 40.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF SAID
EASTERLY LINE OF THE ORIGINAL PARCEL, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
THENCE LEAVING SAID 40.00 FOOT PARALLEL LINE AND CONTINUING ALONG SAID 10.00
FOOT PARALLEL LINE SOUTH 87°55'14" WEST, 10.01 FEET TO A LINE THAT IS PARALLEL
WITH AND 50.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF SAID EASTERLY
LINE OF THE ORIGINAL PARCEL;
THENCE LEAVING SAID 10.00 FOOT PARALLEL LINE AND ALONG SAID 50.00 FOOT
PARALLEL LINE NORTH 00°07'00" EAST, 10.01 FEET TO SAID NORTHERLY LINE OF THE
ORIGINAL PARCEL;
THENCE LEAVING SAID 50.00 FOOT PARALLEL LINE AND ALONG SAID NORTHERLY LINE
OF THE ORIGINAL PARCEL NORTH 87°5514" EAST, 10.01 FEET TO SAID 40.00 FOOT
PARALLEL LINE;
THENCE LEAVING SAID NORTHERLY LINE OF THE ORIGINAL PARCEL AND ALONG SAID
40.00 FOOT PARALLEL LINE SOUTH 00°07'00" WEST, 10.01 FEET TO THE TRUE POINT OF
BEGINNING.
Pagel of2
Resolution No. 2023-015- Page 8 of 13
THE ABOVE DESCRIBED PARCEL CONTAINS 100 SQUARE FEET OR 0.002 ACRES, MORE
OR LESS.
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 RECORDS OF SURVEY.
BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE
SYSTEM, ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2O17.50. TO OBTAIN GROUND LEVEL
DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF
WAY, AND EASEMENTS OF RECORD, IF ANY.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A
PART HEREOF.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
7/27122
TWOTHY S. TIG P. 42 DATE
OVAL LANp
a�•''S-ao`NV 8
* No. 7542
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9rF OF O AV\�oQT
Page 2 of 2
Resolution No. 2023-015 - Page 9 of 13
Exhibit A-2
Legal Description
Etiwanda Grade Separation Project
APN 229-131-27 / BNSF
Temporary Construction Easement
Page 1 of 1 Pages
A parcel of land,in the City of Rancho Cucamonga,County of San Bernardino,State of California, lying in Section 8,
Township 15outh, Range 6 West,San Bernardino Meridian, being a portion of that certain parcel of land described
in the deed recorded April 20, 1897 in Book 237, Page 354,of Deeds, in the Office of the County Recorder of said
County,(hereinafter referred to as"Original Parcel"),more particularly described as follows:
Commencing at the intersection of the northerly line of that certain 100-toot-wide strip of land described as"M"in
the deed from the Atchison,Topeka,and Santa Fe Railway Company to San Bernardino Associated Governments,
recorded December 15, 1992,as Instrument No.92-514404 of Official Records, in the Office of the County
Recorder of said County,and the east line of said Section 8,said point being the southeast corner of said Original
Parcel;
Thence,along said east line of Section 8,being also the easterly line of said Original Parcel,North 00°07'00" East,a
distance of 90.06 feet to a line that is parallel with,and 10.00 feet southerly,measured at right angles,of the
northerly line of said Original Parcel;
Thence,leaving said easterly line of the original parcel,and along said 10.00 foot parallel line,
South 87°55'14"West,a distance of 50.03 feet to a line that is parallel with,and 50.00 feet westerly, measured at
right angles,of said easterly line of the original parcel,said point being the True Point of Beginning;
Thence V,continuing along said 10.00 foot parallel line,South 87°55'14"West,a distance of 15.01 feet to
a line that is parallel with,and 65.00 feet westerly, measured at right angles,of said easterly line of the
Original Parcel;
Thence 2ntl, leaving said 10.00 foot parallel line,and along said 65.00 foot parallel line,
North 00°07'00"East,a distance of 10.01 feet to said northerly line of the Original Parcel;
Thence 3'd,leaving said 65.00 foot parallel line,and along said northerly line of the Original Parcel,
North 87°55'14"East,a distance of 15.01 feet to said 50.00 foot parallel line;
Thence 4`^,leaving said northerly line of the original parcel,and along said 50,00 foot parallel line,
South 00'07'00"West,a distance of 10.01 feet to the True Point of Beginning.
Containing 150 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,Ni
CSRS Epoch 2011.50.To obtain ground level distances,multiply grid distances by 1.000060364.
This descrip io s ee ��prep red by me,or under my direction,in conformance with the Professional Land
Sury ors Ac .
10-24-2022 _
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Justin P.Height,PLS 6167 Date
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Job No.0618-00016
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Resolution No. 2023-015 - Page 11 of 13
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