Council approves resolutions of necessity to acquire two parcels for planned wellness campus despite owner objections

The Ontario City Council voted 5-0 to adopt two resolutions of necessity allowing the city to begin eminent domain proceedings to acquire fee simple interests in properties at 1514 West Mission Boulevard and 1530 West Boulevard for a proposed continuum-of-care wellness campus.

At a public hearing, attorney Greg Traas, representing Bridal Star Limited Partnership, Cessna Inc. and NHS Management, told the council his clients had received notice of the hearing just the day before and that the city's pre-condemnation offers were inadequate. "It was apparent that the city has effectively lowballed the valuation of the property, making it an invalid offer to our clients," Traas said, asserting the city's appraisal relied on stale comparables dating back to 2020.

City legal counsel Guillermo Frias responded that the city obtained independent appraisals in June 2024 and made fair-market-value offers on Aug. 20, 2024, and argued the record met the legal standards for adopting a resolution of necessity. Frias said the combined appraised value was $44,255,000 and that the properties, together about one-quarter to six-tenths of an acre, were needed to "perfect the acquisition of property required for the wellness campus." He told the council no counter-offer or alternative appraisal was presented at the hearing and that the city had complied with statutory notice requirements.

Councilmember Alan Wapner moved to adopt the resolutions, saying the required findings were met; a second followed and the council took an electronic vote that resulted in a unanimous 5-0 approval. The council closed the public hearing before voting.

Traas had also told the council the staff report did not "link the property and its necessity to the project" and warned that the appearance of precommitment could make the hearing a foregone conclusion. Frias disputed that characterization and cited legal precedent discussed in the hearing, saying a concise project description (here, a continuum-of-care wellness campus) satisfies the statutory requirement for describing public use.

The council action authorizes the next steps under the California eminent domain process; Frias told the council that the resolution's adoption does not preclude continued negotiation and that the city would welcome a counter-appraisal from property owners. The city record shows the offers were mailed to addresses of record and marked nondeliverable in some instances; Frias said the city complied with the government-code notice standard.

No city staff provided a revised appraisal or new counter-offer at the hearing. The council approved the resolutions of necessity 5-0.