HomeMy WebLinkAbout2022-011 - Resolution RESOLUTION NO. 2022-011
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 APN 0229-162-15)
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. 2022-011 - Page 1 of 10
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. 2022-011, 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 APN 0229-162-15).
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 5,011 square foot temporary
construction easement with a term of 18 months("Subject Property Interest") over a portion of the
real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and identified as San
Bernardino County Tax Assessor's Parcel Number 0229-162-15 ("Jones, Garness, & Clemons
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. 2022-011 - Page 2 of 10
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 Jones, Garness & Clemons Parcel, the
approximate 5,011 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 the trustees of the Jones Family
Trust, the Garness Family Trust, and the Clemons Revocable Trust, the owners 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
Resolution No. 2022-011 - Page 3 of 10
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owners the reasonable costs, up to$5,000.00, for
an independent appraisal of the approximate 5,011 square foot temporary construction easement
area.
SECTION 7. The City provided written notice to the owners 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 5,011 square foot
Resolution No. 2022-011 - Page 4 of 10
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.
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.
r
D nnis Michael, Mayor
ST:
nice C. Reynolds, City Clerkf
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.
11�/y
,4 nice C. Reynolds, ity Clerk
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
Resolution No. 2022-011 - Page 5 of 10
Resolution No. 2022-011 - Page 6 of 10
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-162-15 /Jones-Strack
Temporary Construction Easement
Page 1 of 1 Pages
That portion of Parcel B,in the City of Rancho Cucamonga, County of San Bernardino,State of California,as
described in the Certificate of Compliance No. 269 for Lot Line Adjustment, recorded February 18, 1988 as
Document No.88-048704 of Official Records, records of said County,described as follows:
Beginning at the intersection of the north line of said Parcel B with the east line of Etiwanda Avenue,fifty(50)foot
half-width,as described in the Easement Deed recorded February 16, 1988 as Document No.88-046978 of Official
Records of said County,as both are shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53
through 63 of Record of Surveys,records of said County;
Thence 15t,along the north line of said Parcel B,S 89°36'54" E,a distance of 402.05 feet;
Thence 2"d, leaving said north line,S 00°23'06"W,a distance of 10.00 feet to a line parallel with,and lying
10.00 feet south of,said north line of Parcel B;
Thence 3`d,along said parallel line, N 89°36'54"W,distance of 392.00 feet to a line parallel with,and lying
10.00 feet east of,said east line of Etiwanda Avenue;
Thence 4th,along last said parallel line,S 00°07'00"W,distance of 99.06 feet;
Thence 5th, leaving last said parallel line, N 89°53'00"W,a distance of 10.00 feet to said east line of
Etiwanda Avenue;
Thence 6th,along said east line, N 00°07'00" E,a distance of 109.11 feet to the Point of Beginning.
Containing 5,011 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.
Justin P. Height, LS 6167 Date
rf IJJ TIN . HTIT
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Job No.0618-00016 ■
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Jones-Strack TCE.docx Resolution No. 2022-011 - Page 7 of 10
■■.■■■ SURVEYING INC.
Resolution No. 2022-011 - Page 8 of 10
WHITTRAM AVENUE
NOTES
PLAT MAP IS BASED ON THE
INFORMATION AND LAND REFERENCES
SHOWN ON RECORD OF SURVEY
19-0109 FILED IN BOOK 168, PAGES
50' 53 THROUGH 63 OF RECORD OF
FATRCrL A SURVEYS.
CDC NO � 269 MR I A BEARINGS AND DISTANCES ARE
OOC , NOS 8- O-0418-104 ORT
REFERENCED TO THE CALIFORNIA
' COORDINATE SYSTEM, ZONE 5 GRID,
w NAD83(201 1) CSRS EPOCH 2O17.50.
D NORTH LINE OF PARCTO OBTAIN GROUND LEVEL DISTANCES,
CD
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PER EASEMENT DEED N0. 6167
DOC. NO. 88-046978 OR ' !
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CORRIDOR TF� cA�\F
SBCTA RAIL -
■■■■■■ THIS PLAT HAS BEEN PREPARED BY ME, OR Exhibit B
olosomix UNDER MY DI CTION, IN CONFORMANCE WITH Plat Map
■ llio GUIDA THE PR �, L LAND SURVEYORS ACT. Etiwanda Grade Separation Project
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■ ■ , v � APN 229-162-15 I Jones-Strack
■■■■■■ SURVEYING INC. ( 10-04-2021 Temporary Construction Easement
Job No.0618-00016 Jones-Strack TCE.dwg JUSTIN P. HEIG PLS 6167 DATE Page 1 of 2 Pages
EAST LINE OF ETIWANDA AVE
PER EASEMENT DEED
DOC. NO. 88-046978 OR
NORTH LINE OF PARCEL B
COC NO. 269 FOR LLA
DOC. NO. 88-048704 OR
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MEMEME Exhibit B
■ MNON Plat Map
■ ■■■ G U I DA N Etiwanda Grade Separation Project
MNON APN 229-162-15/Jones-Strack
MNNONMEMNON SURVEYING INC. Temporary Construction Easement
Job No.0618-00016 Jones-Strack TCE.dwg SCALE: 1"=50' Page 2 of 2 Pages