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2020-08-15 Chin Family Notice of Amended Reso of Necessity August 14, 2020 Re: APN: 600-030-010 NOTICE OF INTENT TO ADOPT AN AMENDED RESOLUTION OF NECESSITY FOR ACQUISITION OF REAL PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, LA QUINTA, CA Dear Property Owner: This Notice of Intent to Adopt an Amended Resolution of Necessity for Acquisition of Real Property (“Notice”) is sent to you under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns remaining portions of the property located at 46400 Dune Palms Road in the City of La Quinta, and bearing the Riverside Assessor Parcel No. 600-030-010 (“Site”). As you are aware from our extensive negotiations and the recently executed SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS between the City of La Quinta (“City”) and Chin Family Properties Limited Partnership (“Chin”) (“Agreement”), the City has identified a public use for those portions of the Property lying outside of the areas identified as meeting public necessity requirements for both the Dune Palms Roadway Project, and the Dune Palms Bridge Project, as identified in the City of La Quinta Resolution Nos. 2018-020 and 2019-038, excluding leasehold interests and motor home coaches owned by legal occupants of the Site (“Site Remainder”). Pursuant to Resolution No. 2018-020, the City initiated an eminent domain action entitled City of La Quinta v. Chin Family Properties Limited Partnership, RCSC Case No. PSC 1803284, to acquire the rights of way for the Dune Palms Roadway Project (“Action”). On or about September 17, 2019, the City adopted Resolution No. 2019-038, making public necessity findings for the rights of way required for the Dune Palms Bridge Project. Given the scope of both takings on the same property, and the potential for additional pubic uses for the remainder property, the City is now proceeding to amend the resolution of necessity for the Bridge Project, Resolution No. 2019-038, to expand the scope of the taking to encompass the entire Site Remainder, outside property interests encompassed within Resolution 2018-020. The additional public use identified by the City is the preservation and protection of affordable housing, which is located on the Site Remainder. The City’s RNHA allocation for the current cycle, which ends in Chin Family Properties Limited Partnership 3487 Rowena Avenue Los Angeles, CA 90027-2218 John Peterson, Esq. Peterson Law Group 19800 MacArthur Boulevard, Suite 290 Irvine, CA 92612 October 2021, is 364 overall units, with 152 of those units required to be available for low- and very low- income households. The California Department of Housing and Community Development and Southern California Association of Governments are contemplating the methodology and allocation of units for the upcoming cycle (October 2021 through October 2029). Based on preliminary estimates, City’s RHNA allocation for low- and very low-income units will likely exceed 600 units. City’s local housing authority has authority to undertake efforts for the preservation and improvement of housing, among other authorized purposes. By acquiring the Site Remainder, the City will better be able to prevent, as required by State law (Government Code section 66300-66301), any demolition of housing units without the same number of units or more to be available at the Site, or the demolition of any protected units without being relocated and/or replaced with the same number or more of protected units.. This Notice is sent to advise you that the City Council of the City of La Quinta will be asked to consider amendment of Resolution No. 2019-038, declaring that public interest and necessity require acquisition of the Bridge right of way previously encompassed in Resolution 2019-038, and the Site Remainder, and authorizing the use of eminent domain to acquire them. Specifically, the interests sought to be acquired are all right, title, and interest in the Property, except for hydrocarbon and mineral interests below the depth of five hundred (500) feet below the surface, excluding those interests already encompassed within Resolution 2018-020, and any active leases with any party legally occupying any of the mobile home units thereon, and excluding motor home coaches owned by such occupants. California Code of Civil Procedure Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed public project if the following conditions are established: 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 sought to be acquired is necessary for the project. D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This Notice is sent to inform you that the City Council of the City of La Quinta will be asked to decide if the above conditions are met and concerning the City’s acquisition of the Bridge right of way and the Site Remainder, and whether the City has complied with all other procedural requirements for utilizing the power of eminent domain to acquire the remaining Property. The City Council will also be asked to reaffirm the finding that, with respect to the Bridge Project, the environmental impacts associated with the proposed acquisition and the Project for which the Property is proposed to be acquired, the Dune Palms Bridge Project, have been adequately reviewed under a Mitigated Negative Declaration (“MND”), EA 2017-0013, approved on February 14, 2018, and executed on February 15, 2018, in accordance with the California Environmental Quality Act (“CEQA”) and a National Environmental Policy Act (“NEPA”) Categorical Exclusion, approved by the Federal Highway Administration (“FHWA”) on January 17, 2018, and that no further environmental review is necessary. With respect to the housing stock preservation, the City Council will be asked to find that the acquisition is exempt from CEQA review under title 14, California Code of Regulations sections 15061(b)(3), 15301, and 15326. You may also appear and comment on those findings at the hearing. If you would like a copy of the environmental review document or any related documents, please contact the La Quinta City Clerk at City Hall during regular business hours, at 78-495 Calle Tampico, La Quinta, CA 92253. This meeting at which the proposed amended resolution of necessity will be considered will be held at or after 4:00 p.m. on September 15, 2020, in the City Council Chambers at City Hall, located at 78-495 Calle Tampico, La Quinta, CA 92253. If these conditions are met, the City Council will be asked to adopt an amended resolution of necessity, which is a prerequisite for the City’s use of eminent domain proceedings to acquire the remainder Property. Please be advised that you are entitled to appear and be heard on any of the matters encompassed within the amended resolution, specifically those matters listed above, and whether the City has met all legal prerequisites to the exercise of eminent domain to acquire the Property. Please take notice that if you wish to legally challenge any action taken by the adoption of the amended resolution of necessity, or any of the matters listed herein, you may be limited in court to raising only those issues raised at the amended resolution of necessity hearing, or in written correspondence delivered to the City at, or prior to, the hearing on the matter. The City Council must adopt a resolution of necessity before an eminent domain proceeding can commence. Within six (6) months after the adoption of a resolution of necessity, the City may amend the existing Action in the Riverside County Superior Court. In any such proceeding, the court may be asked to determine the amount of just compensation to which you may be entitled in the event the property is taken in eminent domain. Pursuant to Code of Civil Procedure section 1245.235(b)(3), if you wish to appear and be heard at the meeting for the consideration of the amended resolution of necessity regarding any of the issues listed in this Notice, you must advise the City Clerk in writing within fifteen (15) days of the date of this Notice. You may address the Notice as follows: City Clerk, City of La Quinta, 78-495 Calle Tampico, La Quinta, CA 92253. Your failure to provide a written request to be heard may result in a waiver of your right to appear and be heard, and may result in the waiver of objections in any later legal proceeding which may follow. If you have any questions, or would like to obtain copies of the draft amended resolution or any supporting materials, please do not hesitate to contact the City at (760) 777-7000. Thank you for your consideration of this matter. Sincerely, Jon McMillen City Manager City of La Quinta RESOLUTION NO. 2018 - 020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY WHEREAS, the City of La Quinta, has been investigating the acquisition of portions of property located at 46400 Dune Palms Road for the purposes of making public roadway improvements pursuant to the circulation element of the General Plan of the City of La Quinta; and WHEREAS, on May 1, 2018, after no less than fifteen (15) days written notice to the owners of the Property referenced above, and more specifically described in the legal descriptions attached hereto as "Exhibit A", and "B", which legal descriptions are incorporated herein by reference ("Property"), the City Council of the City of La Quinta held a hearing for the purposes of allowing the record owners and occupants of such property reasonable opportunity to appear and be heard regarding the City's identification of the "Project" as the Dune Palms Widening Project ("Project"), and on the following matters: A. Whether the public interest and necessity require the project; B. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the Property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code § 7267.2 had been given to the owners of record; and E. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property including review under CEQA; and WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety and welfare require that the City acquire the Property more particularly described herein for the purposes of the Project; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including the Mitigated Negative Declaration (MND), EA 2016-009, approved on July 20, 2016, in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code §§ 37350.5 and 40404. Resolution No. 2018-020 Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project Adopted: May 1, 2018 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION I. The project for which the property is being acquired is the Dune Palms Widening Project, a project to widen the east side of Dune Palms Road to its ultimate General Plan width from Westward Ho Drive / Blackhawk Way to a point approximately 330 feet north of the Coachella Valley Storm Water Channel (CVSC) (as referred above as the Project). The length of the widening improvements is approximately 900 linear feet, and includes a single lane of travel in each direction. SECTION 2. The Property to be acquired is located within the City at 46400 Dune Palms Road (Assessor Parcel No. 600-030-010). The Property interest the City seeks to consists of: A permanent easement for street and public utility purposes over some approximately 2,610 square feet, as more specifically described in "Exhibit A" hereto, and in "Exhibit B" hereto, which easement shall consist of the following: A perpetual exclusive easement for public right of way, street, drainage, pedestrian and utility purposes, including all use of the Easement Area for purposes incident to public right of way use, including but not limited to the construction, maintenance, and operation of a roadway, or other transportation facilities, underground and above ground utilities and appurtenances, cable communication or telecommunication facilities; directional, street identification, or roadway informational signage; traffic control devices; curbs; gutters; sidewalks; drainage and sewage facilities; and transportation facilities such as bus bays, benches, bus or train stops, bicycle pathways, or facilities for railway or other public transportation vehicles or manners of conveyance. SECTION 3. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of Dune Palms Road in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion and improve the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the streets. SECTION 4. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, construction of median island, undergrounding of utilities, and upgrading parkway landscaping, along with drainage improvements. The final widened street section will consist of a 72 feet curb to curb street section, which will Resolution No. 2018-020 Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project Adopted: May 1, 2018 Page 3 of 4 provide two 11 foot travel lanes in both directions; a 12 foot wide raised median; an 8 foot bicycle/golf cart lane along each side of the road, adjacent to the curb; and a 6 foot wide sidewalk. This will enhance the utility of the area and help improve traffic circulation. The Project is designed in a manner compatible with the least private injury in that the acquisition has been limited to the Project boundaries, so as to minimize disruption to residences, and the Project provides streetscape upgrades along the remaining property's frontage, including a new block wall, new landscape and irrigation, relocation and undergrounding of existing utilities, and improved driveway access. SECTION 5. The Property is necessary for the proposed Project, in that the roadway widening must of necessity occur on property immediately adjacent to the existing roadway. SECTION 6. The offer required by Government Code § 7267.2 has been made to the record owners, by way of letter dated December 13,. 2016. In addition, on the same date offer letters were sent to the owners of the individual coaches included within the area of the proposed easement. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing all the necessary property interests required for the Project, outside of more formal proceedings. SECTION 7. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure §§ 1240.510 and 1240.610. SECTION 8. The Project has been reviewed and approved under the Mitigated Negative Declaration (MND), EA 2016-009, approved on July 20, 2016. The City Council finds and determines that since the time of the adoption of that MND, there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the MND such that no further environmental review attending this proposed acquisition is necessary. SECTION 9. The law firm of Rutan & Tucker, LLP, which serves as the Office of the City Attorney for the City of La Quinta, is hereby authorized to prepare and prosecute in the name of the City, such special proceedings in the proper court having jurisdiction thereof, as are necessary for acquisition of the Property described herein, to prepare and file such pleadings, documents, and otherwise prosecute such actions as may be necessary in the opinion of such attorneys to acquire for the City the Property. Such attorneys are specifically authorized to take whatever -steps and/or procedures are Resolution No. 2018-020 Resolution of Necessity to Acquire Portions of 46400 Dune Palms Road for the Dune Palms Widening Project Adopted: May 1, 2018 Page 4 of 4 available to them under the Eminent Domain Law of the State of California, including, but not limited to, seeking orders for prejudgment possession of the property. The City Attorney is authorized to assign any work in such action to other attorneys as the City Attorney may deem appropriate, and in the event it is possible to settle and compromise such proceedings, the City Attorney may take all actions necessary to complete the acquisition, including preparing and filing stipulations as to judgment, final orders of condemnation, and arranging for the deposit or other payment of just compensiaotn as may be agreed to. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of May, 2018, by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: PAM NIETO, Deputy City Clerk City of La Quinta, California CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California RESOLUTION NO. 2019 – 038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING THE PUBLIC INTEREST AND NECESSITY TO ACQUIRE PORTIONS OF PROPERTY LOCATED AT 46400 DUNE PALMS ROAD, ASSESSOR PARCEL NO. 600-030-010, AND APPROVING AND ADOPTING A RESOLUTION OF NECESSITY PROJECT: DUNE PALMS BRIDGE NO. 2011-05 / 111205 ADDRESS: 46400 DUNE PALMS ROAD APN: 600-030-010 WHEREAS, the City of La Quinta, has been investigating the acquisition of portions of property located at 46400 Dune Palms Road for the purposes of making public roadway improvements pursuant to the circulation element of the General Plan of the City of La Quinta; and WHEREAS, on September 17, 2019, after no less than fifteen (15) days written notice to the owners of the Property referenced above, and more specifically described in the legal descriptions and plat maps attached hereto as Exhibit 1, Exhibit 2, Exhibit 3, and Exhibit 4, which legal descriptions and plat maps are incorporated herein by reference (“Property”), the City Council of the City of La Quinta held a hearing for the purposes of allowing the record owners and occupants of such property reasonable opportunity to appear and be heard regarding the City's identification of the “Project” as the Dune Palms Bridge Project (“Project”), and on the following matters: A. Whether the public interest and necessity require the project; B. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the Property proposed to be acquired is necessary for the Project; D. Whether the offer required by Government Code § 7267.2 had been given to the owners of record; and E. Whether the City had properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Property including environmental review under NEPA and CEQA; and Resolution No. 2019-038 Dune Palms Bridge Project – Resolution of Necessity; 46400 Dune Palms Rd Adopted: September 17, 2019 Page 2 of 7 WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety and welfare require that the City acquire the Property more particularly described herein for the purposes of the Project; and WHEREAS, the Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including the Mitigated Negative Declaration (“MND”), EA 2017- 0013, approved on February 14, 2018, in accordance with the California Environmental Quality Act (“CEQA”) and a National Environmental Policy Act (“NEPA”) Categorical Exclusion, approved by the Federal Highway Administration (“FHWA”) on January 17, 2018; and WHEREAS, the City of La Quinta is authorized to acquire the Property under authority of its own charter, and Government Code §§ 37350.5 and 40404. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows: SECTION 1. The Project for which the Property is being acquired is the Dune Palms Bridge Project, a project to replace the existing low water crossing with an all-weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel, and to improve Dune Palms Road to its General Plan designated roadway width. The Project will widen Dune Palms Road to its ultimate right-of-way. The final configuration of the roadway will consist of 72 feet of street section curb-to-curb, with two 11-foot travel lanes in both directions, a 12-foot wide raised median, an 8-foot bicycle/golf cart lane along each side of the road (adjacent to the curb), and a 6-foot sidewalk to allow for two lanes of travel along Dune Palms Road in either direction and provide other streetscape improvements. SECTION 2. The Property to be acquired is located within the City at 46400 Dune Palms Road (Assessor Parcel No. 600-030-010). The Property interest the City seeks to acquire consists of: A. A permanent easement for street and public utility purposes over some approximately 3,040 square feet, as more specifically described in Exhibit 1 hereto, and depicted in Exhibit 2 hereto, which easement shall consist of the following: A perpetual exclusive easement for public right of way, street, drainage, pedestrian and utility purposes, including all use of the Easement Area for purposes incident to public right-of-way use, including but not limited to the construction, maintenance, and operation of Resolution No. 2019-038 Dune Palms Bridge Project – Resolution of Necessity; 46400 Dune Palms Rd Adopted: September 17, 2019 Page 3 of 7 a roadway, or other transportation facilities, underground and above ground utilities and appurtenances, cable communication or telecommunication facilities; directional, street identification, or roadway informational signage; traffic control devices; curbs; gutters; sidewalks; drainage and sewage facilities; and transportation facilities such as bus bays, benches, bus or train stops, bicycle pathways, or facilities for railway or other public transportation vehicles or manners of conveyance. B. A temporary construction easement over approximately 13,508 square feet, as more specifically described in Exhibit 3 hereto, and depicted in Exhibit 4 hereto, which easement shall consist of the following: The temporary construction easement is a nonexclusive easement which permits City of La Quinta, its officers, agents, employees, and contractors, to enter upon, occupy, and pass over the temporary construction easement area more specifically described in the legal description, attached as Exhibit 3 and Exhibit 4, from adjacent public rights of way, as reasonably necessary for purposes incidental to the construction of the Project in the manner proposed. The temporary construction easement shall include the right to perform within the temporary construction easement area, all such necessary activities which are reasonably incidental to the construction work being performed on said property in connection with the Project in the manner proposed, including any necessary excavation; grading; earth fill; compaction; slough or perimeter wall construction; installation of concrete forms; landscaping; irrigation, utility, and sign relocation; accommodation of private drainage facilities; and deposit of tools, equipment, and material. Such incidental activities shall include, but not be limited to, utilizing the temporary construction easement area for adjusting grade differentials between the street and the adjoining real property, and/or matching existing concrete and/or asphalt paved areas, and/or natural grade areas, or such work as may pertain to on-site improvements by the City of La Quinta to render the temporary construction easement area in the same functional condition as reasonably practicable to the condition before the Project in terms of access, irrigation, and relation of public right of way improvements to the larger parcel. The temporary construction easement shall not include the right to store any materials or park any vehicles which are not incidental to the work to be performed on site in connection with the Project, nor to block all vehicular access to the larger parcel of property of Resolution No. 2019-038 Dune Palms Bridge Project – Resolution of Necessity; 46400 Dune Palms Rd Adopted: September 17, 2019 Page 4 of 7 which the temporary construction easement area is a part, nor exercise the uses of the easement outside of the temporary construction easement area, nor to exclude the owner or occupant of the larger parcel from the temporary construction easement area, except as reasonably necessary under standard public works construction safety practices, to ensure public safety. In connection with the exercise of the temporary construction easement rights hereunder, and except as otherwise shown in the approved plans for the Project, City shall protect all structures on the temporary construction easement area in place, and shall protect or restore all improvements thereon. The rights granted hereunder shall commence the date the Project right of way is certified and shall continue in full force and effect until written notice to the owner of record that the temporary construction easement is no longer needed by the City, or forty- eight (48) months after notice of the initiation of the temporary construction easement, whichever is earlier. In no event shall the temporary construction easement remain in effect after December 31, 2025. Upon termination of the temporary construction easement, the temporary construction easement area shall be restored to a condition that is as functionally equivalent as is practicable to its condition prior to the commencement of the work, consistent with the Project as designed and as to be construed in the manner proposed. City shall in the exercise of its non-exclusive rights under this Temporary Construction Easement not unreasonably interfere with pedestrian or vehicular access to the larger parcel of which the Property is a part. C. The mobile home and single-family residence improvements, and appurtenant improvements, to Space 1 and Space 31 of 46400 Dune Palms Road. SECTION 3. The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the improvement of Dune Palms Road in the manner contemplated by the Project. The Project is designed to relieve regional traffic congestion and improve the ability of traffic to navigate over areas prone to flooding, which will enhance the traffic handling capacity of the streets. SECTION 4. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway Resolution No. 2019-038 Dune Palms Bridge Project – Resolution of Necessity; 46400 Dune Palms Rd Adopted: September 17, 2019 Page 5 of 7 widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve improvements to allow for two lanes of travel along Dune Palms Road in either direction, and provide other streetscape improvements, in addition to constructing a bridge crossing over the Whitewater River at Dune Palms Road. In addition to enhanced circulation along Dune Palms Road, the Project will provide bicycle/golf cart lanes along each side of the road, encouraging these alternate modes of energy-efficient transportation, and will also provide a 6-foot sidewalk. This will enhance the utility of the area and help improve traffic circulation. The Project is designed in a manner compatible with the least private injury in that the acquisition has been limited to the Project boundaries, so as to minimize disruption to private property. The scope of the temporary construction easements has been restricted to define reserved uses for the owners to minimize disruptions, and to limit the City’s uses to activities necessary or beneficial to Project construction. The Project provides streetscape upgrades along the remaining property's frontage, including a new block wall, new landscape and irrigation, relocation and undergrounding of existing utilities, and improved driveway access. SECTION 5. The Property is necessary for the proposed Project, in that the bridge must of necessity be constructed on property immediately adjacent to the existing flood channel, and the roadway improvements must occur adjacent to the existing roadway, to maintain continuity. SECTION 6. The offer required by Government Code § 7267.2 has been made to the record owners, by way of letter dated June 10, 2019. In addition, on the same date offer letters were sent to the owners of the individual coaches included within the area of the proposed easement. Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in finally securing all the necessary property interests required for the Project, outside of more formal proceedings. SECTION 7. To the extent any of the property to be taken herein is devoted to a public use, the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure §§ 1240.510 and 1240.610. SECTION 8. The Project has been reviewed and approved under the Mitigated Negative Declaration, EA 2017-0013, approved on February 14, 2018. The Project was the subject of a Categorical Exclusion approved by the FHWA on RESOLUTION NO. 2019-038 EXHIBIT 1 ADOPTED: SEPTEMBER 17, 2019 RESOLUTION NO. 2019-038 EXHIBIT 2 ADOPTED: SEPTEMBER 17, 2019 RESOLUTION NO. 2019-038 EXHIBIT 3 ADOPTED: SEPTEMBER 17, 2019 RESOLUTION NO. 2019-038 EXHIBIT 3 ADOPTED: SEPTEMBER 17, 2019 RESOLUTION NO. 2019-038 EXHIBIT 4 ADOPTED: SEPTEMBER 17, 2019