HomeMy WebLinkAbout00-090 - Resolutions - Withdrawn ITEM WITHDRAWN
NO ACTION TAKEN
RESOLUTION NO. 00-090
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
DECLARING CERTAIN REAL PROPERTY NECESSARY FOR
PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF, IN CONNECTION WITH THE PROPOSED STORM
DRAIN PROJECT
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES
HEREBY 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 real property interests described generally in Section 3 of this
Resolution and more particularly described in Exhibit "1" of this
Resolution ("Subject Property Interests"), are to be taken for a
public use, namely for storm drain purposes and all purposes
necessary and convenient thereto ("proposed Project") pursuant
to the eminent domain authority conferred on the City of Rancho
Cucamonga by California Constitution Article I, Section 19, and
California Government Code Sections 37350, 37350.5, and 40404
and California Code of Civil Procedure Sections 1230.010, et seq.,
including Sections 1240.010 through 1240.050; and 1240.110,
1240.120, 1240.510, 1240.610, 1240.650, and other provisions of
law.
SECTION 3: The Subject Property Interests sought to be taken are located in
the City of Rancho Cucamonga, County of San Bernardino, State
of California and are portions of a larger parcel known as
Assessor's Parcel No. 0229-041-09. The Subject Property
Interests are located on the south side of Foothill Boulevard, north
side of Arrow Route, East of Etiwanda Avenue, Rancho
Cucamonga. The Subject Property Interests sought to be taken
are more particularly described in the legal descriptions attached
hereto collectively as Exhibit "1" to this Resolution. A map of the
project area showing roughly the location of the subject property
interests is attached as Exhibit "2" to this Resolution. Exhibits "1"
and "2" are incorporated herein by this reference. The Subject
Property Interests are required for storm drain purposes and all
purposes necessary and convenient thereto, including a
permanent storm drain easement and two temporary construction
easements.
Resolution No. 00-090 ITEM WITHDRAWN
Page 2 of 4 NO ACTION TAKEN
SECTION 4: The City Council of the City of Rancho Cucamonga finds and
determines that:
The acquisition of the Subject Property Interests is required for the
proposed Project. A general description of the proposed Project is
set forth in the Staff Report dated May 17, 2000 and the reports
and documents cited in that Staff Report, which are all
incorporated in this Resolution by this reference.
As set forth in the Staff Report, the potential environmental
impacts of the proposed Project were studied and analyzed in
connection with the potential environmental impacts of Tentative
Tract Map (TTM) No. 15711 and the construction of the proposed
Project is a condition of approval of TTM No. 15711 as set forth in
Resolution No. 96-50, adopted by the Planning Commission on
August 14, 1996. On August 14, 1996, the Planning Commission
certified the Mitigated Negative Declaration based on an Initial
Study and Notice of Intent to Adopt the Mitigated Negative
Declaration.
On August 12, 1998, pursuant to Resolution No. 99-82, the
Planning Commission again reviewed the potential environmental
impacts of the proposed Project finding that there is no evidence
that the development proposed in TTM No. 15711, of which the
proposed Project is an integral part, will have a potential for an
adverse impact upon wildlife resources or the habitat upon which
wildlife depends.
August 11, 1999, pursuant to Resolution No. 99-82, the Planning
Commission further reviewed the potential environmental impacts
of the proposed Project, finding that there is no evidence that the
development proposed in TTM No. 15711, of which the proposed
Project is an integral part, will have potential for an adverse impact
upon wildlife resources or the habitat upon which wildlife depends.
The City therefore has made the required environmental findings
irn connection with the Mitigated Negative Declaration considered
in connection with Resolutions no. 96-50, 98-53, 99-82 and those
findings are also the appropriate findings with regard to the
proposed acquisition of the subject property interests. All of the
environmental documentation prepared in connection with
Resolutions No. 96-50, 98-53, and 99-82 has been reviewed by
City staff in connection with the proposed Resolution of Necessity
and on May 10, 2000, pursuant to the criteria of Section 15162 of
the CEQA Guidelines and Section 21166 of the Public Resources
Code, staff concluded that there have been no substantial
changes in the proposed Project and no new information of
substantial importance has been obtained that would require
further environmental analysis.
ITEM WITHDRAWN Resolution No. 00-090
NO ACTION TAKEN Page 3 of 4
SECTION 5: The City Council of the City of Rancho Cucamonga hereby finds
and determines that:
A. The public interest and necessity require the proposed
project.
B. The proposed project is planned or located in the manner
that will be most compatible with the greatest public good
and the least private injury.
C. The property interests described in Exhibit "1" are
necessary for the proposed project; and
D. The offer letter required by Section 7267.2 of the
Government Code has been made to the owner of record.
SECTION 6: The findings and declarations contained in this Resolution are
based on the record before the City Council on May 17, 2000
when it adopted this Resolution, including the Staff Report dated
May 17, 2000, all documents incorporated in the Staff Report, the
testimony at the hearing, the records and documents prepared in
connection with the proposed project, the testimony and evidence
presented at hearings related to the proposed project, and the
public records of the City pertaining to the proposed project, all of
which are incorporated in this Resolution by this reference.
SECTION 7: The City of Rancho Cucamonga hereby authorizes and directs the
City Attorney to take all steps necessary to commence and action
in a court of competent jurisdiction to acquire by eminent domain
the property interests described in this Resolution.
Please see the following page
for formal certification and signatures
�7
Resolution No. 00-090 ITEM WITHDRAWN
Page 4 of 4 NO ACTION TAKEN
PASSED, APPROVED, 97AND ADOPTED 81c hday of May 2000.
AYES: ----------------------------------------------------------
NOES: ----------------------------------------------------------
ABSENT: ----------------------------------------------------------
ABSTAINED: ----------------------------------------------------------
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William J. Alexander, Mayor
ATTEST:
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Debra J. Adams, CMC, City Clerk
DEBPA I ADAMS, I CITY CLERK of the City nf R;;nc.hn C�,...,...,,Rg
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day of May 2000.
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Debra J. Adams, CMC, City Clerk
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