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HomeMy WebLinkAbout2022-008- Resolution RESOLUTION NO. 2022-008 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 (FEE SIMPLE INTEREST IN APN 0229-162-14) 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. 2022-008 - Page 1 of 7 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. 2022-008, 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 Fee Simple Interest in APN 0229- 162-14). 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 a fee simple interest (Subject Property Interest) in the real property located at 8783 Etiwanda Avenue and 12949 Whittram Avenue, Rancho Cucamonga, and identified as San Bernardino County Tax Assessor's Parcel Number 0229-162- 14 ("Kular 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 service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, Resolution No. 2022-008- Page 2 of 7 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 and to assist those persons and businesses displaced by the Project. 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 Kular Parcel, the fee simple interest 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 September 22, 2021 to Kular Truck Line, Inc., 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 property. It explained the applicable zoning designation of the 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. 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 parcel. Resolution No. 2022-008- Page 3 of 7 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 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 the fee simple interest in the Kular Parcel 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. Resolution No. 2022-008- Page 4 of 7 SECTION 13. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 19th day of January 2022. X_�'(�/1 1011'4� nn 'chael, Mayor A EST: If / ��,L6 ice 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. an a C. Reynolds, City Clerk APPROVED AS TO FORM: Ile Nicholas R. Ghi elli, City Attorney Richards, Watson & Gershon Resolution No. 2022-008- Page 5 of 7 Order No: 09207891-920-CMM-CM8 EXHIBIT "A" All that certain real property situated in the County of San Bernardino,State of California,described as follows: PORTIONS OF LOTS 437 AND 438 OF THE FONTANA ARROW ROUTE TRACT NO. 2102, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE(S) 11 TO 15 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE HEREAFTER REFERRED TO AS LINE "A" BEARING SOUTH 5 DEGREES 49 MINUTES 55 SECONDS WEST FROM A POINT ON THE CENTER LINE OF WHITTRAM AVENUE AND 132.00 FEET WESTERLY ON THE NORTHEAST CORNER OF SAID LOT 438 TO A POINT ON THE SOUTH LINE OF LOT 438 AND 184.03 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID LOT 438, SAID PORTIONS OF LOTS 437 AND 438,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING AT THE CENTER LINE INTERSECTIONS OF ETIWANDA AVENUE AND WHITTRAM AVENUE; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST ALONG THE CENTER LINE OF ETIWANDA AVENUE 242.61 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 54 SECONDS EAST 524.63 FEET TO A POINT ON LINE"A"; THENCE NORTH 5 DEGREES 49 MINUTES 55 SECONDS EAST ALONG LINE "A" 255.49 FEET TO A POINT ON THE CENTER LINE OF WHITTRAM AVENUE; THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS WEST ALONG SAID CENTER LINE 549.04 FEET TO THE POINT OF BEGINNING. SAID LAND IS ALSO DESCRIBED AS PARCEL "A" ON CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 269, RECORDED FEBRUARY 18, 1988 AS INSTRUMENT NO. 88-048704 OF OFFICIAL RECORDS. Assessor's Parcel Number: 0229-162-14 Resolution No. 2022-008 - Page 6 of 7