2023/11/14 City Council Resolution 2023-081 RESOLUTION NO. 2023-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, DECLARING THAT THE ACQUISITION OF A PORTION OF THE
PROPERTY LOCATED AT 1205 KEISER AVENUE, SANTA ROSA, CALIFORNIA,
ASSESSOR'S PARCEL NUMBER 045-252-011, BY EMINENT DOMAIN IS
NECESSARY FOR THE KEISER AVENUE RECONSTRUCTION PROJECT, PHASE 3
WHEREAS, the City of Rohnert Park("City") proposes to acquire a fee interest in a
portion of that certain real property owned by Irene Michell ("Owner") and located at 1205
Keiser Avenue, Santa Rosa, California, Assessor's Parcel Number 045-252-011 ("Property")by
eminent domain for the Keiser Avenue Reconstruction Project, Phase 3 pursuant to the authority
granted to the City by Government Code section 37350.5 and Code of Civil Procedure sections
1240.040, 1240.110, and 1240.120;
WHEREAS, the property interests to be acquired ("Subject Property Interests"), more
thoroughly described and depicted in Exhibit A and Exhibit B attached hereto and incorporated
herein by this reference are described as follows:
Lying within the unincorporated area of County of Sonoma,State of California,and
being a portion of the lands of Irene Michell as described by Grant Deed recorded under
Document Number 2019-033739, Sonoma County Records,said portion is more
particularly described as follows:
MI that real property lying westerly of the following described line:
COMMENCING at the intersection of the easterly right-of-way of Snyder Lane with the
westerly common corner of said lands of Michell and the lands of Morten Arjangi,
Trustee of the LMA a Revocable Living Trust, dated February 20,2008, as described by
Grant Deed recorded under Document Number 2008-095989, Sonoma County Records,
said intersection being 20.00 feet,perpendicular, from the centerline of Snyder Lane;
thence leaving said easterly right-of-way and said common corner,along the common
boundary of said lands of Michell and said lands of LMA Trust,North 89'24'49" East
38.00 feet to the POINT OF BEGINNING;thence leaving said common boundary,
parallel with said easterly right-of-way, South 0°09'13"West 92.11 feet;thence leaving
said parallel course,South 45°57'22"East 26.20 feet to a point on the northerly right-of-
way of Keiser Avenue and the POINT OF TERMINUS.
Containing 4,373 square feet,more or less.
END OF DESCRIPTION
Being a portion of APN 045-252-011
WHEREAS, on or before October 27, 2023,pursuant to the requirements of California
Code of Civil Procedure section 1245.235, the City Clerk mailed notice to the Owner, inter alia,
at the address shown by the last equalized Sonoma County assessment roll, of the intention of the
City Council of the City of Rohnert Park("City Council")to adopt this Resolution to acquire the
Subject Property Interests for purposes of the City's Keiser Avenue Reconstruction Project,
Phase 3 ("Project"), through eminent domain proceedings, and of the date set for a hearing
thereon of November 14, 2023;
WHEREAS, said notice by the Clerk notified the Owner of their right to appear and to
be heard at the November 14, 2023 hearing before the City Council on the following matters:
a. Whether the public interest and necessity require the proposed project;
b. Whether the proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
c. Whether the property sought to be acquired by eminent domain and described in
the Resolution of Necessity is necessary for the proposed project;
d. Whether the offer required by Government Code section 7267.2(a), together with
the accompanying statement and summary of the basis for the amount established
as just compensation, was actually made to the Owner and whether said offer and
statement/summary were in a form and contained all of the factual information
required by Government Code section 7267.2(a);
e. Whether the City has complied with all conditions and statutory requirements
necessary to exercise the power of eminent domain to acquire the property, as well
as any other matter regarding the right to take said property by eminent domain;
and
f. Whether the City has statutory authority to acquire the property by eminent
domain.
WHEREAS, on November 14, 2023, the City Council conducted a public hearing and
heard and considered public comments, if any,and evidence presented, regarding the Project and
regarding the proposed eminent domain acquisition of the Subject Property Interests; and,
WHEREAS,at the close of the public hearing and after the opportunity for open and
public discussion among the City Council,the City Council voted,by more than the statutorily
required two-thirds majority of the Council membership, to adopt this Resolution to acquire the
Subject Property Interests necessary for the Project through eminent domain proceedings.
NOW,THEREFORE, after consideration of the information contained above as well as
in the November 14, 2023, Staff Report,
IT IS HEREBY RESOLVED that the City Council finds and determines as follows:
1. Under the California Environmental Quality Act("CEQA"):
a. Final Environmental Impact Report No. 2003122014, Environmental
Impact Report Addendum 2014, and Environmental Impact Report Addendum 2016,
(Collectively EIR No. 2003122014) was previously certified in March 2006, February
2014, and November 2016 and reflects the independent judgment of the City of Rohnert
Park as Lead Agency. Final EIR No. 2003122014 adequately addressed and fully
analyzed project environmental impacts for the Project. Final EIR No. 2003122014 is
complete and adequately satisfies the requirements of CEQA for the Project.
b. The circumstances of the Project are substantially the same as when the
Final EIR No. 2003122014 was certified,and Final EIR No. 2003122014 adequately
addressed the effects of the proposed Project. No substantial changes have been made in
Resolution 2023-081
Page 2 of 5
the Project, no substantial changes have occurred in the circumstances under which the
Project is being undertaken and no new information of substantial importance to the
Project that was not known or could not have been known when the Final EIR No.
2003122014 was certified has become known in relation to this proposed condemnation
action. Thus,no further CEQA review is required.
c. Final EIR No. 2003122014 are adequate to satisfy the requirements of
CEQA for the proposed condemnation action.
d. All mitigation measures are fully enforceable pursuant to CEQA, Public
Resources Code section 21081.6(b), and have either been adopted as conditions,
incorporated as part of the Project design or included in the procedures of Project
implementation.
2. Direct and authorize the City Attorney to initiate condemnation proceedings to
condemn the following interest in real property: the legal description and depiction of the Subject
Property Interests are attached hereto as Exhibit A and Exhibit B, respectively.
3. Direct and authorize the City's Finance Director, upon request by the City
Attorney, to cause to be transferred to the State Treasurer's Condemnation Deposits Fund, in
amounts to be specified by the City Attorney, in a total amount up to $31,400.
4. The public interest and necessity require the Project, which will widen and
reconstruct Snyder Lane between Circulo Grande to the south and Crane Creek to the north for
construction of a traffic signal. In addition to the traffic signal, a new travel lane, a center
median, bike lane, curb and gutter, planter strip, and sidewalk are to be constructed along the
easterly portion of the expanded right-of-way. The proposed Project also includes installation of
underground utilities, including storm drain, and the relocation of an existing pole, with electrical
and communication services. The Project will increase the efficiency, safety, and capacity of
Snyder Lane and the intersection where Snyder Lane meets Keiser Avenue so as to more
efficiently accommodate automobile traffic, bicycles, and pedestrian use of the roads and
intersection, while improving infrastructure for delivery of services to the public. The Project
will also increase safety and efficiency in the area by adding a lane for traffic traveling north on
Snyder Lane at its intersection with Keiser Avenue.
5. The City is authorized to acquire the Subject Property Interests and to exercise the
power of eminent domain for the public uses set forth herein under the California Constitution,
the California eminent domain law(Code of Civil Procedure sections 1230.010, et seq., and
1240.010, et seq., including without limitation section 1240.110), and Government Code section
37350.5. The Subject Property Interests are located in Sonoma County and the City is exercising
its power of eminent domain extraterritorially pursuant to Streets and Highways Code section
1810, section 10102, sections 5100, et seq.; Code of Civil Procedure section 1240.125; and Pub.
Resources Code sections 5301, 5302, and 5303.
6. The Project will widen and reconstruct Snyder Lane between Circulo Grande to
the south and Crane Creek to the north for construction of a traffic signal. In addition to the
traffic signal, a new travel lane, a center median, bike lane, curb and gutter, planter strip, and
sidewalk are to be constructed along the easterly portion of the expanded right-of-way. The
proposed Project also includes installation of underground utilities, including storm drain, and
Resolution 2023-081
Page 3 of 5
the relocation of an existing pole, with electrical and communication services is planned and
located in the manner that will be the most compatible with the greatest public good and least
private injury.
7. The Subject Property Interests are necessary for the Project. It is necessary that
the City acquire the Subject Property Interests to carry out the Project's purpose of improving
efficiency, capacity, safety, and visibility at the intersection of Keiser Avenue and Snyder Lane.
If the subject interests were not acquired,the Project could not proceed as planned, which in turn
would result in the continued inefficient and unsafe conditions at the intersection of Keiser
Avenue and Snyder Lane, which may pose a significant risk of property damage, personal injury,
and/or even loss of life.
8. The Subject Property Interests will be used for the Project, which constitutes a
valid public use. Therefore, the Subject Property Interests will in fact be a public use.
9. In conformance with sections 7267.1 and 7267.2 of the California Government
Code, an appraisal was prepared covering the Subject Property Interests. An offer based on said
appraisal was made to the Owner, and a written statement showing the appraised value of the
Subject Property Interests and summarizing the basis of that valuation was also delivered to the
Owner.
10. The necessary notice of hearing on this Resolution has been given, as required by
Code of Civil Procedure section 1245.235.
11. To the extent the Subject Property Interests are already devoted to a public use,
the use of the Subject Property Interests for the City's Project is a compatible use that will not
unreasonably interfere with or impair the continuance of the public use as it presently exists or
may reasonably be expected to exist in the future (California Code of Civil Procedure section
1240.510), or the use of the Subject Property Interests for the Project is a more necessary public
use than is the presently existing public use (California Code of Civil Procedure section
1240.610).
IT IS FURTHER RESOLVED that the Subject Property Interests be acquired by the
City, and that the City Attorney is hereby directed and authorized to institute eminent domain
proceedings for the foregoing acquisition, to do, perform, and carry out all necessary proceedings
and steps incident to acquiring the Subject Property Interests, to correct any errors or to make or
agree to non-material changes in the legal description of the Subject Property Interests as may be
necessary for the conduct of the action or other proceedings or transactions required to acquire
the Subject Property Interests, and to seek and obtain an order for prejudgment possession of
some or all of the Subject Property Interests at such time as the City Attorney deems it to be
necessary and appropriate.
IT IS FURTHER RESOLVED that the City's Finance Director is directed and
authorized to issue funds, as necessary and requested by the City Attorney, in the amount of up
to the total estimated fair market value of the Subject Property Interests as of the date of value of
the appraisal, which was the basis of the purchase offer made to the Owner, and to issue such
additional funds as may be requested by the City Attorney, and as necessary to satisfy any court
orders for higher deposits or payment of greater compensation, and as necessary to pay for title
Resolution 2023-081
Page 4 of 5
insurance and other fees following transfer of ownership of the Subject Property Interests to the
City. Using those funds, the City Attorney is directed and authorized to make deposits of
estimated compensation with the State Treasury's Condemnation Deposits Fund in an amount up
to $31,400.
IT IS FURTHER RESOLVED that this Resolution shall be effective immediately upon
its adoption, and that the City Clerk shall certify the adoption of this Resolution and certify this
record to be a full true, correct copy of the action taken.
DULY AND REGULARLY ADOPTED this 14th day of November 2023.
CITY OF ROHNERT PARK
1 ' odriguez, Mayor
ATTEST:
Elizabeth achado, Assistant City Clerk
Attachment: Exhibit A.and Exhibit B
ELWARD: IP GIUDICE: If SANBORN: g,HOLLINGSWORTH ADAMS: '-IQ RODRIGUEZ: A1,'{.
AYES: (� ) NOES: ( j )pig,
( 0) ABSTAIN: (56 )
I, SYLVIA LOPEZ CUEVAS, CITY CLERK of the City of Rohnert Park, California, do hereby
certify that the foregoing Resolution was duly adopted at a regular meeting of the City Council
on the 14th day of November 2023 by the following vote:
AYES:Ca_ ) rncrnbecs Eivuard,01(,43icc.,ona scrn tor n,vI e.pku(or k Nr v s; ,gum
NOES: t‘I one
ABSENT: Nora
ABSTAIN:e4 on e.
Sylvia Lopez Cuevas, City
Resolution 2023-081
Page 5 of 5
EXHIBIT 'A'
LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
Lying within the unincorporated area of County of Sonoma, State of California, and
being a portion of the lands of Irene Michell as described by Grant Deed recorded under
Document Number 2019-033739, Sonoma County Records, said portion is more
particularly described as follows:
All that real property lying westerly of the following described line:
COMMENCING at the intersection of the easterly right-of-way of Snyder Lane with the
westerly common corner of said lands of Michell and the lands of Morten Arjangi,
Trustee of the LMA a Revocable Living Trust,dated February 20, 2008, as described by
Grant Deed recorded under Document Number 2008-095989, Sonoma County Records,
said intersection being 20.00 feet, perpendicular, from the centerline of Snyder Lane;
thence leaving said easterly right-of-way and said common corner, along the common
boundary of said lands of Michell and said lands of LMA Trust,North 89°24'49"East
38.00 feet to the POINT OF BEGINNING;thence leaving said common boundary,
parallel with said easterly right-of-way, South 0°09'13"West 92.11 feet; thence leaving
said parallel course, South 45°57'22"East 26.20 feet to a point on the northerly right-of-
way of Keiser Avenue and the POINT OF TERMINUS.
Containing 4,373 square feet,more or less.
END OF DESCRIPTION
Being a portion of APN 045-252-011
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DESCRIPTION: RIGHT-OF-WAY DEDICATION JOB �t 9687-22 PAGE 2 OF 2