Item 25 - Adoption of Resolution No. 2022-12 Resolution of Necessity for the Acquisition of APN 0319-012-20

Agenda Item No. 25

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer FOR: City Council Meeting of August 8, 2022
SUBJECT: Adoption of Resolution No. 2022-12 Resolution of Necessity for the Acquisition by Eminent Domain of a full -fee simple interest from the property identified as San Bernardino County Assessor's Parcel Number 0319-012-20-0000 for the Avenue E Roundabout Intersections Project, Phase II.

RECOMMENDATION:

That City Council:
1) Open and conduct a public hearing to consider the adoption of Resolution No. 2022-12 Resolution of Necessity, declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof, in connection with the Avenue E Roundabout Intersections Project, Phase II ("Project") in the City, receive from City staff the evidence stated and referred to in this Agenda Report ("Report"), take testimony from any person wishing to be heard on issues A, B, C, and D below with respect to the proposed Resolution of Necessity, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity; and
2) If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at the hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City staff recommends that the City Council, in the exercise of its discretion, adopt the above -referenced Resolution of Necessity, with the Resolution of Necessity requiring a 4/5ths vote of the entire City Council; and 3) If the City Council approves the Resolution of Necessity, then City staff recommends that the City Council authorize the City Attorney's office and City staff to take all necessary steps to acquire the real property interests identified in the Resolution of Necessity and to take all necessary steps to deposit with the State Treasurer's Office the probable compensation required by law for issuance of an Order for Pre -Judgment Possession; and 4) Authorize the City Manager to execute all necessary documents. -3 80-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 2 of 10 ends

BACKGROUND:

A. Description of the Project
The overall proposed work to be done includes acquiring additional right of way and constructing roundabouts at five intersections, furnishing all labor, materials, necessary tools, equipment, supervision, appurtenances, and all utility and transportation services required for pavement widening, concrete curb and gutter, concrete driveways, sidewalk and ADA Ramps, asphaltic concrete pavement, traffic striping and signing, grading, fence relocation, and grading, drainage and storm drain improvements in accordance with the Plans, Drawings, Specifications and other provisions of the Contract located at the intersections of Avenue E and 5th Street, 4th Street, 3`d Street, 2nd Street, and Bryant Street; and the intersection of Yucaipa Boulevard and Bryant Street. The intersections of 2nd and 3`d have been constructed as Phase I of the Project. 4th and 5th Street intersections are Phase II of the project. As a part of the City's proposed Project, the City will replace all -way stops with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout.

Raised pedestrian splitter islands will be constructed in all directions at the approaches to all the intersections traversed by pedestrian crosswalks, improved with curb ramps and detectable warning surfaces. All work is consistent with the City's General Plan of Circulation.

As part of Phase I and II of the Project, the City is seeking to acquire property rights from sixteen (16) properties for right-of-way purposes. Staff has reached voluntary agreements within the owners of fifteen (15) properties required for the Project. Staff has been unable to reach a voluntary agreement with one (1) property owner for full -fee simple interest property rights, hereafter collectively called the "Subject Property Interests". Where a voluntary agreement cannot be reached for the purchase of private property by the City for use in a public project, the City may seek to acquire private property by the adoption of a Resolution of Necessity.

The City is authorized to acquire the collective Subject Property Interests for a public use, namely public street and related improvements, and all uses necessary and convenient thereto, pursuant to the authority conferred upon the City to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, California Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and 40404, and California Code of Civil Procedure Sections 1230.010, et seq. ("Eminent Domain Law"), including, but not limited to Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.120, 1240.510, 1240.610, and 1240.650 and other provisions of law.

In order to adopt a Resolution of Necessity, the City Council must find and determine that:

A. The public interest and necessity require the Project; B. The 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 interest described in the Resolution of Necessity is necessary for the Project; and
-381-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 3 of 10 ends

D. The City has made the offer required by Government Code Section 7267.2 to the record owners of the real property the City seeks to acquire.

The public hearing on the Resolution of Necessity relate only to issues A, B, C and D above. The amount of just compensation for the Subject Property Interests are not an issue for consideration at the public hearing before the City Council. Just compensation will be determined, instead, in the eminent domain proceedings or further negotiations and settlement if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity. The proposed Resolution of Necessity and exhibits are attached to this Report and are incorporated herein by this reference.

B. Description of Subject Property Interests
The City seeks to acquire the following real property interests from the record owners of the properties identified below:
(1) 9,800 square foot full -fee simple interest acquisition for public street purposes from 12475 51h Street, Yucaipa, California (APN 0319-012-20) owned by Ruben L & Maria Isabel Villegas.

The Subject Property Interests is a full property acquisition comprised of the above -described full -fee simple interest area and is described more particularly in the Resolution of Necessity.

The Resolution of Necessity with their respective exhibits are attached hereto and incorporated herein by this reference.

C. Environmental Analysis
Staff determined that the proposed Project was eligible for a Categorical Exemption pursuant to Section 15301(c) of the CEQA guidelines in that the proposed Project involves the minor alteration of existing public streets and public improvements involving negligible expansion of use beyond that previously existing to enhance overall vehicular and pedestrian safety at six existing intersections. On or about January 25, 2016, the City Council concluded that the construction of the proposed Project and proposed acquisition of property required to facilitate the proposed Project was Categorically Exempt pursuant to Section 15301(c) of the CEQA guidelines. The Notice of Exemption was filed and posted on January 26, 2016.

D. The City's Actions Pursuant to Government Code Section 7267 et seq.

Pursuant to California Government Code Section 7262 et seq., the City obtained fair market value appraisal for the Subject Property Interests in the amount of $320,000, with date of value for the Subject Property Interests of February 18, 2021. The City set just compensation in accordance with the appraised fair market value, followed by a written offer to the above noted "record owners", dated August 30, 2021, seeking to purchase the Subject Property Interests, pursuant to Government Code Section 7267.2.

The City's written offer letters sent on or about August 30, 2021 included an information pamphlet describing the eminent domain process and the record owners' rights therein. In accordance with Government Code Section 7267.2, the written offers contained a written -3 82-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase 11

Page 4 of 10 ends

statement of, and summary of the basis for, the amount established as just compensation. The written offers set forth the date of value used by the appraisers and explained the appraisers' opinion of the highest and best use of the Subject Property Interests. The written offers explained the applicable zoning and General Plan designation of the underlying property. The written offers summarized the principal transactions relied on by the appraisers to arrive at the appraisers' opinion of value. In addition, the written offers explained the appraisers' valuation analysis, including the analysis of severance damages. The written offers also contained a list of the comparable sales data relied on by the appraisers. The City further offered to pay the record owners the reasonable costs, up to $5,000, for an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025.

In response to the City's offer provided on August 30, 2021, on September 13, 2021, the City received a counter offer from one record owner requesting $425,000. That offer was subsequently rescinded by a joint counter-offer from both record owners on September 14, 2021 requesting $525,000.

On or around December 6, 2021, City staff suggested the owners obtain an independent appraisal of the Subject Property. According to the owners, the independent appraisal was conducted in December 2021. On February 7, 2022, the owners provided the results of the appraisal to the City by indicating verbally a value of $380,000. Staff requested the appraisal document from the owners identifying the appraised amount and to date have not received the document. The owners continue to request the amount of $525,000 for the property, or in the alternative, "the very least we will request is $500,000."
The property owners submitted an additional appraisal stating the property was valued at $405,000, City Council reviewed and approved the appraisal. A revised offer in the amount of $405,000 was sent to the property owners on May 25, 2022. The property owners have rejected the offer indicating that they believed the value of the property has increased over the last several months.

City staff attempted to engage in good faith negotiations with the record owners for the Subject Property Interests but to date, has been unable to reach a voluntary agreement to purchase the Subject Property Interests. Accordingly, based on the timing of the Project, it is necessary that the City Council consider the adoption of a Resolution of Necessity at this time. Staff will continue to attempt to negotiate with the owners moving forward in an effort to come to a settlement agreement.

E. The City's Actions Pursuant to Code of Civil Procedure Section 1245.235 Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and notice by first class mail on February 24, 2022 to the addresses of the record owners of the Subject Property Interests informing them of the City's intent to consider at its March 14, 2022 meeting, the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain. The notice advised the record owners of their right to appear and be heard regarding the City's proposed adoption of a Resolution of Necessity by filing a written request with the City to appear at the hearing, within fifteen days of the date the notice was mailed. The -383-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 5 of 10 ends

notices specifically informed the record owners that they have an opportunity to appear before the City Council and raise questions concerning whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; whether the Subject Property Interests the City seeks to acquire from the record owners are necessary for the Project; and whether the City made the offer to the record owners of the real property the City seeks to acquire according to Government Code Section 7267.2.

A previous public hearing was scheduled on March 14, 2022, the City was notified by the property owners that they would like to attend the hearing but will be out of town from March 5 through March 19, 2022. The hearing was re -scheduled to March 28, 2022, the new public hearing date was publicly posted/noticed and the owners were directly notified of the new date.

The property owners then brought in the second counter appraisal and the previous hearing was cancelled.

The property owners were notified on by mail with a notice of public hearing dated July 19, 2022 of the public hearing. As of the date of preparation of this report, the owners have not responded to the hearing notice to indicate their interest to be heard at the hearing.

DISCUSSION:

REQUIRED FINDINGS FOR THE ADOPTION OF THE RESOLUTION OF

NECESSITY
A. The Public Interest and Necessity Require the Project The Project, as planned and designed, is in the public interest and necessity and is needed to improve traffic circulation and efficiency in this area of the City. The Project will construct roundabouts at five intersections. As a part of the Project, the City will replace all -way stops with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The City will construct raised pedestrian splitter islands in all directions at the approaches to all the intersections traversed by pedestrian crosswalks, improved with curb ramps and detectable warning surfaces. The Project includes public street and related improvements, including but not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, and drainage improvements. All work is consistent with the City's General Plan Circulation Element. The Project will reduce the traffic congestion in the City of Yucaipa 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.

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 6 of 10 ends

significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. The Project will benefit the City of Yucaipa and surrounding communities.

The Project was planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of permanent roadway easements over portions of twelve (12) larger parcels and four (4) full fee simple takes from property owned by private property owners.

The construction of the Project will result in the displacement of three (3) residential households.

The City will coordinate the construction with the owners and occupants of the Subject Property Interests to minimize the impact of construction on the parcels being acquired and any relocation assistance required. As discussed above, the City has contracted to acquire the necessary property interests required from fifteen of sixteen larger parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests needed from this parcel.

The public use for which the City seeks to acquire the Subject Property Interests, namely public street, highways 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 proposed new right-of-way area.

The public use for which the City seeks to acquire the Subject Property Interests, namely public street, highway 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 Subject Property Interests that are affected by the Project. 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.

B. The Project is Planned or Located in a Manner that Will Be Most Compatible with the Greatest Public Good and Least Private Injury
The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to improve traffic circulation and efficiency in this area of the City. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long-term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. Accordingly, the Project will benefit the residents and businesses of the City, Cities and the community as a whole.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan. The Project will construct roundabouts at five intersections. As a part of the Project, the City will replace all -way stops with a raised circular center island in the intersection around -385-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 7 of 10 ends

which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout.

The City will construct raised pedestrian splitter islands in all directions at the approaches to all the intersections traversed by pedestrian crosswalks, improved with curb ramps and detectable warning surfaces. The Project includes public street and related improvements, including but not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The Project will reduce the traffic congestion along Yucaipa Blvd. and improve ingress and egress for adjoining properties and side streets.

The Project is planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of property rights over portions of sixteen larger parcels owned by private property owners. The construction of the Project will result in the displacement of three residential households. The City will coordinate with the owners of the Subject Property Interests to minimize the impact of construction and provide relocation assistance to the eligible occupants. As discussed above, the City has voluntarily contracted to acquire the necessary property interests required from fifteen (15) of sixteen (16) parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests needed from portions of this remaining parcel.

Further, the public use for which the City seeks to acquire the Subject Property Interests, namely public street, highways and related purposes, drainage, 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 proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely public street, highways 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 Subject Property Interests that are affected by the Project. 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.

C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project
The City seeks to construct the Project, as planned and designed, to improve traffic circulation and efficiency in this area of the City. The Project will construct roundabouts at five intersections. As a part of the Project, the City will replace all -way stops with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The City will construct raised pedestrian splitter islands in all directions at the approaches to all the intersections traversed by pedestrian crosswalks, improved with curb ramps and detectable warning surfaces. The Project includes public street and related improvements, including but not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The Project will reduce the traffic congestion within the City and improve ingress and egress for adjoining properties and side streets.
-386-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 8 of 10 ends

The City cannot construct the Project without the acquisition of the following Subject Property Interests, which are described more particularly in the proposed Resolution of Necessity:
(1) 9,800 square foot full -fee interest acquisition for public street purposes from 12475 5th Street, Yucaipa, California (APN 0319-012-20-0000) owned by Ruben L & Maria Isabel Villegas.

As stated above, the public use for which the City seeks to acquire the Subject Property Interests, namely public street, highways 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 proposed new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely public street purposes, drainage, public utilities, 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 Subject Property Interests that are affected by the Project. 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.

D. The City Has Made the Offer Required by Government Code Section 7267.2 to the Record Owners of the Subject Property Interests
The City, pursuant to Government Code Section 7267 et seq., obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extended a written offer to the record owners of the Subject Property Interests described in the attached Resolution of Necessity. The City's written offer included an information pamphlet describing the eminent domain process and the record owners' rights therein. 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 written offer set forth the date of value used by the appraisers and explained the appraisers' opinion of the highest and best use of the Subject Property Interests. The written offer described the applicable zoning and General Plan designation of the Subject Property Interests. The City's written offer summarized the principal transactions relied on by the appraisers to arrive at the appraisers' opinion of value. The written offer explained the appraisers' valuation analysis, including the analysis of severance damages. The written offer also contained a list of the comparable sales data relied on by the appraisers. The City further offered to pay the record owners the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025.

FISCAL IMPACT:

The table below shows the available funding in the adopted FY2022/2023 Capital Improvement Program and costs to date for the overall proposed project:
-387-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 9 of 10 ends

Funding Sources
Amount
Traffic Facilities Fee Funds
$2,298,000
Measure I Arterial Funds
$2,954,000
SB1
$1,068,000
SBCTA Advanced Expenditure Agreement Funds
$845,000
Traffic Safety Funds 2016/2017
$1,037,000
Total Funding Available
$8,202,000
Project Costs
Design Contracts
$289,758
Design Contract Administration/Staff Time/ Landscape
45,000.00
Total Project Design Costs
$334,758
Project Right -of -Way Acquisition
Right -of -Way Acquisition
$3,537,885
Total Right of Way Costs
$3,537,885
5th Street Intersection Interim Construction
Construction Contract
$149,121
Construction Contract Administration/Admin./Staff Time
42,324
Total 5th Street Intersection Interim Construction Costs $191,447
Phase I Construction 2nd and 3rd Street Roundabouts)
Construction Contract
$2,405,899
Construction Contract Contingency
241,509
Construction Contract Administration/Admin./Staff Time
310,000
Total Phase I Project Construction Costs
$2,957,408
Phase I Hardsca e/Li htin 2nd and 3rd Street Roundabouts Construction Contract
$208,948
Construction Contract Contingency
21,000
Construction Contract Administration/Admin./Staff Time
11,000
Total Phase I Hardsca e/Li htin
$240,948
Total Estimated Project Costs to Date
$7,262,446
Total Funding
$8,202,000
Remaining Funding
$939,554
(1) Includes the cost of the right of way based on the City's appraisal, including closing/relocation costs.

The table above includes the estimated cost associated with the acquisition of the required right of way, APN 0319-012-20, in the approximate amount of $405,000. This includes the estimated cost of the right of way, relocation costs, and administration costs to complete the acquisition.

City Attorney fees and court costs are unknown at this time. As shown in the table above, including the proposed right of way acquisition, the balance remaining in the Project budget is in the amount of $939,554. Therefore, staff believes there is sufficient funding available to accommodate staff s recommendations.
-388-

City Council Meeting of August 8, 2022
Adoption of Resolution of Necessity for the Acquisition of Permanent Roadway Easements for the Avenue E Roundabout Intersections Project, Phase II

Page 10 of 10 ends

Attachments: Resolution No. 2022-12.

Location Map
Attachments by Reference:

The following documents are on file in the City Clerk's Office and the Development Services Department:
• Subject Property Interests' Legal Descriptions and Plats; • City of Yucaipa General Plan;
• Environmental Documents relating to the Project, including the Categorical Exemption pursuant to Section 15301(c) of the CEQA guidelines. The Notice of Exemption was filed and posted on January 26, 2016. of the CEQA guidelines; • Notice pursuant to Code of Civil Procedures Section 1245.235 from the City to the record owners of the Subject Property Interests;
• All statutorily required letters and notices to the record owners of the Subject Property Interests, including but not limited to Notice of Decision to Appraise, Offer to Purchase and documents regarding good faith negotiations; • Street improvement plans and fiscal impact estimates for the Project.

Approved by: l/(
-389-

RESOLUTION NO.2022-12

RESOLUTION OF NECESSITY

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, DECLARING THAT THE ACQUISITION OF A REAL

PROPERTY INTEREST BY EMINENT DOMAIN IS NECESSARY FROM

THE REAL PROPERTY IDENTIFIED AS SAN BERNARDINO COUNTY
ASSESSOR'S PARCEL NUMBER 0319-012-20-0000 FOR PUBLIC
PURPOSES IN CONNECTION WITH THE CITY'S AVENUE E WITH 4TH AND 5TH STREETS FOR THE ROUNDABOUT INTERSECTIONS

PROJECT, PHASE II, AND ALL USES NECESSARY AND CONVENIENT

THERETO

THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Municipal Corporation
The City of Yucaipa is a municipal corporation, in the County of San Bernardino, State of California.

Section 2. Authority to Acquire Pronert
The real property interest described in Section 3 of this Resolution is to be taken for a public use, namely for public street purposes, in connection with the proposed Avenue E with 4th and 5th Streets for the Roundabout Intersections Project, Phase II, ("Project"), pursuant to the authority conferred upon the City to acquire property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, 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. Property Description
The City seeks to acquire a 9,800 square foot full -fee simple interest property for public street purposes from 12475 5th Street, Yucaipa, California, APN 0319-012-20-0000 ("Subject Property Interests"). The Subject Property Interests are legally described on Exhibit "A" and depicted on the map attached as Exhibit `B".

The proposed Project location is 4th and 5th Street between Yucaipa Boulevard and Avenue E, City of Yucaipa, County of San Bernardino.

Section 4. Public Use
The City seeks to acquire the Subject Property Interests for a public use, namely to construct and maintain the proposed Project. Phase II of the Project will construct curb, gutter, sidewalk, concrete drive approaches and associated utility relocations for all properties affected. 10070-0080\2596120v1 doc
-390-

The overall proposed work to be done includes acquiring additional right of way and constructing roundabouts at five intersections, furnishing all labor, materials, necessary tools, equipment, supervision, appurtenances, and all utility and transportation services required for pavement widening, concrete curb and gutter, concrete driveways, sidewalk and ADA Ramps, asphaltic concrete pavement, traffic striping and signing, grading, fence relocation, and grading, drainage and storm drain improvements in accordance with the Plans, Drawings, Specifications and other provisions of the Contract located at the intersections of Avenue E and 51h Street, 41h Street, 3Td Street, 2nd Street, and Bryant Street; and the intersection of Yucaipa Boulevard and Bryant Street. The intersections of 2nd and 3rd have been constructed as Phase I of the Project. 4th and 5th Street intersections are Phase II of the project. As a part of the City's proposed Project, the City will replace all -way stops with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout.

Section 5. The Public Interest and Necessity Require the Proposed Project The Project, as planned and designed, is in the public interest and necessity and is needed to improve traffic circulation and efficiency in this area of the City. The Project will construct roundabouts at five intersections. As a part of the Project, the City will replace all -way stops with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The City will construct raised pedestrian splitter islands in all directions at the approaches to all the intersections traversed by pedestrian crosswalks, improved with curb ramps and detectable warning surfaces. The Project includes public street and related improvements, including but not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City's General Plan of Circulation. The Project will reduce the traffic congestion in the City of Yucaipa and improve ingress and egress for adjoining properties and side streets along Yucaipa Blvd. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan. The City seeks to acquire the Subject Property Interests for public use, namely public street, highways, and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve capacity, circulation, and enhance safety pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long-term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represents a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. The Project will benefit the City of Yucaipa and surrounding communities.

The construction of the Project will result in the displacement of three residential households.

The City will coordinate the construction with the owners and occupants of the Subject Property -2-
-391-

Interests to minimize the impact of construction on the parcels being acquired and any relocation assistance required. The City has contracted to acquire the necessary property interests required from fifteen (15) of sixteen (16) larger parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests needed from this parcel.

The City of Yucaipa's General Plan also provides that retrofitting of roads will improve efficiency and travel across the City. This includes street widening projects to improve circulation and safety.

Section 6. The Proposed Project is Planned or Located in a Manner that Will Be Most Compatible with the Greatest Public Good and Least Private Injury The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to improve traffic circulation and efficiency in this area of the City. The City seeks to construct the Project to improve capacity, circulation, and enhance safety for pedestrians and bicyclists. The Project will improve vehicular traffic circulation and long-term efficiency. Additionally, roundabout intersections introduce significant intersection safety enhancements for both pedestrians and vehicles and represent a cost savings to the City when considering the long-term maintenance costs associated with traffic signal equipment and utility costs. Accordingly, the Project will benefit the residents and businesses of the City, Cities and the community as a whole.

The Project is planned and located to minimize the impact on the adjacent properties. The Project requires the acquisition of property rights over portions of twelve (12) larger parcels and four (4) -3-
-392-

parcels in fee simple, each owned by private property owners. The construction of the Project will result in the displacement of three (3) residential households. The City will coordinate with the owners of the Subject Property Interests to minimize the impact of construction and provide relocation assistance to the eligible occupants. As discussed above, the City has voluntarily contracted to acquire the necessary property interests required from fifteen (15) of sixteen (16) parcels. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the Subject Property Interests needed from portions of this remaining parcel.

Section 7. The Subject Property Interest Described in the Resolution of Necessity is Necessary for the Proposed Project
The City seeks to construct the Project, as planned and designed, to improve traffic circulation and efficiency in this area of the City. The Project will construct roundabouts at five intersections. As a part of the Project, the City will replace all -way stops with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The City will construct raised pedestrian splitter islands in all directions at the approaches to all the intersections traversed by pedestrian crosswalks, improved with curb ramps and detectable warning surfaces. The Project includes public street and related improvements, including but not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. The Project will reduce the traffic congestion within the City and improve ingress and egress for adjoining properties and side streets.

new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely public street purposes, drainage, public utilities, 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 Subject Property Interests that are affected by the Project. 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 8. The City Has Made the Offer Required by Government Code Section 7267.2 to the Record Owner of the Subject Property Interests
The City, pursuant to Government Code Section 7267 et seq., obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extended a written offer to the record owners of the Subject Property Interests described in the attached Agenda Report. The City's written offer included an information pamphlet describing the eminent domain process and the record owners' rights therein. 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 written offer set forth the date of value used by the appraisers and explained the appraisers' opinion of the highest and best use of the Subject Property Interests. The written offer described the applicable zoning and General Plan designation of the Subject Property Interests. The City's written offer summarized the principal transactions relied on by the appraisers to arrive at the appraisers' opinion of value. The written offer explained the appraisers' valuation analysis, including the analysis of severance damages. The written offer also contained a list of the comparable sales data relied on by the appraisers. The City further offered to pay the record owners the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property Interests pursuant to Code of Civil Procedure Section 1263.025.

Section 9. Findings
Based on the evidence presented at the hearing regarding the proposed Project, including the Agenda Report and documents referenced therein, the City Council hereby finds and determines that:

A. The public interest and necessity require the proposed Project; B. The proposed 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 in Exhibit "A" and depicted in Exhibit "B" is necessary for the proposed Project; and
D. The City made the offer required by Government Code Section 7267.2 to the owners of record.
-5-
-394-

Section 10. Compliance with the California Environmental Quality"CEQA") Staff determined that the proposed Project was eligible for a Categorical Exemption pursuant to Section 15301(c) of the CEQA guidelines in that the proposed Project involves the minor alteration of existing public streets and public improvements involving negligible expansion of use beyond that previously existing to enhance overall vehicular and pedestrian safety at six existing intersections. On or about January 25, 2016, the City Council concluded that the construction of the proposed Project and proposed acquisition of property required to facilitate the proposed Project was Categorically Exempt pursuant to Section 15301(c) of the CEQA guidelines. The Notice of Exemption was filed and posted on January 26, 2016.

Section 11. Compliance with Government Code Section 1245.235Pursuant to Code of Civil Procedure Section 1245.235, the City Council scheduled a public hearing for 6:00 p.m., March 14, 2022, at the Yucaipa Council Chambers, 34272 Yucaipa Blvd., Yucaipa, County of San Bernardino, California, and gave to each person who owns an interest in the property affected by such acquisition and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Code of Civil Procedure Section 1240.030.

Section 12. Incorporation by Reference
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 owners and/or their representative(s). These documents include, but are not limited to, the General Plan, the environmental documents referenced in the Agenda Report, the offer letter sent to the record owners by the City, and the notice to the record owners pursuant to Code of Civil Procedure Section 1245.235 of the City's intent to consider the adoption of the Resolution of Necessity.

Section 13. City Manager's Authority
The City Manager is authorized to make such minor changes in the description of the property interest involved herein and, in the pleadings, to be filed herein as he deems necessary, upon the advice of counsel, for the conduct of the condemnation action or other proceedings necessary to acquire the Subject Property Interests.

Section 14. Further Authorizations
City Staff is hereby authorized and directed to take any appropriate action consistent with the purpose of this Resolution, including but not limited to, the issuance of a check in the amount of Three Hundred Eighty Thousand Dollars ($380,000.00) to deposit with the State Treasurer's Office as the probable amount of compensation that will be awarded in the eminent domain proceedings to acquire the Subject Property Interests.

Section 15. Effective Date
This Resolution shall be deemed effective upon adoption.

In
-395-

PASSED, APPROVED AND ADOPTED this 8th day of August 2022.

ATTEST:

CITY CLERK

DAVID AVILA, MAYOR
-7-
-396-

Exhibit "A"
Legal Description
EXHIBIT "A"

RIGHT-OF-WAY DEDICATION
A.P.N.0319-012-20-0000
THAT PORTION OF THE SOUTH 5 Y ACRES OF LOT 35. ACCORDING TO MAP OF SUBDIVISION NO. 3 OF A PART OF YUCAIPA VALLEY, IN THE CITY OF YUCAIPA, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. RECORDED IN BOOK 19, PAGES 1 AND 2, OF MAPS.

RECORDS OF SAID COUNTY, SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTERLINE INTERSECTION OF AVENUE E (FORMERLY ARIZONA

STREET) WITH THE CENTERLINE OF FIFTH STREET (FORMERLY SECOND AVENUE), PER SAID PLAT; THENCE ALONG THE CENTERLINE OF SAID FIFTH STREET NORTH 00000'00" EAST 100.00 FEET; THENCE LEAVING SAID CENTERLINE OF FIFTH STREET NORTH 90°00'00" EAST 30.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF

SAID FIFTH STREET, SAID EASTERLY RIGHT-OF-WAY BEING PARALLEL WITH AND DISTANT 30.00 FEET EASTERLY OF SAID CENTERLINE OF FIFTH STREET_. SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY OF FIFTH STREET NORTH 00000'00" EAST 70.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY OF FIFTH STREET NORTH 90000'00" EAST 140.00 FEET; THENCE SOUTH 00000'00" WEST 70.00 FEET: THENCE SOUTH 90°00'00" WEST 140.00 FEET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS 9,800 SQUARE FEET.

THE BEARINGS FOR THIS DESCRIPTION ARE BASED UPON THE CENTERLINE OF AVENUE E. AS SIfOWN ON THE PLAT OF SAID REVISED MAP OF YUCAIPA VALLEY. HAVING A BEARING OF EAST.

EXHIBIT "B" IS ATTACHED HERETO AND IS MADE A PART HEREOF.

THIS DESCRIPTION WAS PREPARED BY ME.
` (!*A
RALPH M.
7 DOMINGUEZ
RALPH Ive DOMINGUEZ,6`0
No. 5426
Exp• 9-30-18
In
-397-

Exhibit "B"
Map
1 =40'
44'
A.P.N. 0319-012-35-0000
F I i N90°00'00'E 140,00' 1.
30'
w
PORTION OF THE SOUTH 5 � ACRES
OF LOT 35
o o
MAP OF SUBDIVISION NO. 3 OF PART OF
0 o

YUCAIPA VALLEY
N90'00'00'E
o
M.B. 19, PAGES 1 AND 2 OF MAPS

30.00'
Z
A.P.N.0319-012-20-0000
S90'00'00'W 140.00'
.I
0o i
T.P.O.B.
o
I A.P.N. 0319-012-19-0000
r,
\�
of
0 o
Z'

AVENUE E
TITLE: RIGHT-OF-WAY DEDICATION
A.P.N. 0319-012- 20- 0000
r*o..

SURVE' NG
7861 PERALTA RD., RANCHO CUCAMONGA CA 92377
DATE OF PREPARATION: 08-08-2016
in
0 0
0 3 0
o
0 o
0 0
o I
o pD
0 C) I
cV
0 rn
0 I �
Q
0 C)
- ---------
®INDICATES AREA OF

RIGHT-OF-WAY DEDICATION
9,800S.F. (0.22 ACRES)
-398-

LOCATION MAP
APN 319-012-20
12475 5th Street, YUCAIPA, CA 92399
-399-

Yucaipa City CouncilAugust 8, 2022

Yucaipa City Council
August 8, 2022