Ontario council approves resolution to pursue eminent domain for 37‑acre regional sports complex

The Ontario City Council voted to approve a resolution of necessity authorizing the city to pursue eminent domain to acquire about 37 acres at the southeast corner of Riverside Drive and Vineyard Avenue for a regional sports complex.

City legal counsel Guillermo Frias told the council the parcels (assessor parcel numbers listed in the staff report) are necessary for the project and that the city made the required precondemnation offer: “The offer was in the amount of dollars 37,100,000 and it was based on an approved appraisal by an independent appraiser,” Frias said. He told the council its decision at the hearing is limited to public necessity findings and whether a valid precondemnation offer was made.

Chuck Krolikowski, eminent domain counsel for property owners JCLIN and Pacific Community Builders, urged the council not to approve the resolution. He said the owners had submitted a development application to build 455 dwelling units, including 10% affordable units, and argued the city’s earlier downzoning and planning steps improperly influenced valuation and left the owner unfairly disadvantaged. “We do request the city council not approve this resolution tonight,” Krolikowski said, adding that the appraisal relied on older comparable sales and on a highest‑and‑best‑use conclusion inconsistent with his client’s pending application.

City Manager (speaking in council discussion) said the owner’s development plan is on file with the Planning Department but that he could not confirm whether it was deemed complete; he also said the property has sat vacant for a long time and noted city purchases of surrounding parcels that informed the appraisal. The manager observed that $37 million is a substantial public expenditure and asked the policy makers to weigh the public benefit. The City Attorney reiterated that compensation disputes will be litigated if necessary but that the council must decide only on the public necessity and the validity of the offer.

Councilmember Wapner moved to approve the resolution of necessity based on the city attorney’s findings; Councilmember Bowman seconded. The motion carried on an electronic vote recorded as 4‑0 with the Mayor Pro Tem absent, enabling the city to proceed with filing an eminent domain action. The written objection from the property owner and a pending lawsuit raising CEQA and inverse condemnation claims were placed in the record and acknowledged during the hearing.

The approved resolution of necessity permits the city to proceed with eminent domain filings; the amount of compensation ultimately payable will be determined through negotiation or, if unresolved, by litigation or a jury.