Loading...
HomeMy WebLinkAbout2021-018 - ResolutionRESOLUTION NO.2021-018 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 EAST SIDE WIDENING PROJECT (PERMANENT EASEMENT OVER A PORTION OF APN 229-141-13) 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 East Side Widening Project ("Project"). The proposed Project requires the acquisition of additional right of way for the proposed street widening. The proposed Project commences 500 feet north of Whittram Avenue and ends 320 feet south of Arrow Route. The Project will extend a second lane of northbound traffic and a northbound bicycle lane to the east side of Etiwanda Avenue. The existing concrete curb and gutter located 22 feet east of the centerline of Etiwanda Avenue will be removed and replaced with a new concrete curb and gutter located 36 feet east of the centerline. Street lighting and a concrete sidewalk will also be added to the east side of Etiwanda Avenue as part of the construction in the manner proposed, utility poles will be relocated, and existing driveways will be regraded. Furthermore, the project will provide for improved response times in the area for first responders, such as police officer, firefighters, paramedics and emergency medical technicians. All work is consistent with the City's General Plan of Circulation. The Street Improvement 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"). Pursuant to Section 15332 of Article 19 of the State CEQA Guidelines, City Staff determined that the Project was categorically exempt as an in -fill development project. The City Council adopted a determination of categorical exemption and directed City Staff to file the Notice of Exemption with the State of California Clearing House in accordance with CEQA. Said Categorical Exemption was filed with the County of San Bernardino on or about April 8, 2021 in accordance with CEQA; and WHEREAS, in connection with the proposed Resolution of Necessity, on April 7, 2021, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: Resolution No. 2021-018 — Page 1 of 5 SECTION 1. The Rancho Cucamonga City Council adopts Resolution 2021-018, 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 East Side Widening Project (A permanent easement and impacted site improvements on a portion of APN 229-141-13). 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 road widening and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda East Side Widening 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, 1240.510, 1240.610, 1240.650, and by other provisions of law. SECTION 3. The City seeks to acquire an approximate 6,300 square foot permanent easement ("Subject Property Interest") over a portion of the real property located at 8583 Etiwanda Avenue, Rancho Cucamonga, California, and identified as San Bernardino County Tax Assessor's Parcel Number 229-141-13 ("Tower of Power 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 were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on April 7, 2021, 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 traffic circulation and efficiency, as more fully explained below: A. The proposed Project requires the acquisition of additional right of way for the proposed street improvements. The proposed Project requires the acquisition of additional right of way for the proposed street widening. The proposed Project commences 500 feet north of Whittram Avenue and ends 320 feet south of Arrow Route. The Project will extend a second lane of northbound traffic and a northbound bicycle lane to the east side of Etiwanda Avenue. The existing concrete curb and gutter located 22 feet east of the centerline of Etiwanda Avenue will be removed and replaced with a new concrete curb and gutter located 36 feet east of the centerline. Street lighting and a concrete sidewalk will also be added to the east side of Etiwanda Avenue as part of the construction in the manner proposed, utility poles will be relocated, and existing driveways will be regraded. Furthermore, the project will provide for improved response times in the area for first responders, such as police officer, firefighters, paramedics and emergency medical technicians. All work is consistent with the City's General Plan of Circulation. Resolution No. 2021-018 — Page 2 of 5 B. The proposed Project will reduce traffic congestion and improve ingress and egress for adjoining properties and side streets. 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. The City seeks to acquire the Subject Property Interest for public use, namely public road widening and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve traffic circulation in this section of the City. D. The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition a permanent easement over portions of two larger parcels owned by private property owners. The construction of the Project will not result in the displacement of any person from their residence or business. The City will coordinate the construction with the owner of the Subject Property Interest to minimize the impact of construction on the parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interest needed from the remaining larger parcel. SECTION 6. A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained an updated fair market value appraisal of the Tower of Power Parcel, the approximate 6,300 square foot permanent easement the City seeks to acquire for public use, namely public road widening 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 November 3, 2020 to Tower of Power Corporation, the owner of record. The fair market value appraisal used a date of value of September 10, 2020. 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 and General Plan 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 6,300 square foot permanent easement. 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 road widening 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 Resolution No. 2021-018 — Page 3 of 5 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 proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interest, namely public road widening 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 in 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 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, Street Improvement 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 6,300 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. PASSED, APPROVED AND ADOPTED this 7th day of April 2021. Resolution No. 2021-018 — Page 4 of 5 PASSED, APPROVED, and ADOPTED this 7th day of April 2021. L: Dennis Michael, ATT 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 7th day of April 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 8th day of April, 2021, at Rancho Cucamonga, California. APPROVED AS TO FORM: Jar�> Markman, City Attorney Richards, Watson & Gershon Resolution No. 2021-018 — Page 5 of 5