HomeMy WebLinkAbout9/16/2025 Item 7a, Floyd and Schwartz - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: September 16, 2025
TO: Mayor and Council
FROM: Aaron Floyd, Interim Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
VIA: Whitney McDonald, City Manager
SUBJECT: ITEM 7a - RECOMMEND ADOPTION OF RESOLUTION OF NECESSITY
FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY INTERESTS (ASSESSOR’S PARCEL NUMBER 001-043-
027) FOR PUBLIC PURPOSES IN CONNECTION WITH THE
CALIFORNIA & TAFT ROUNDABOUT PROJECT (60 MINUTES)
Staff received the following questions on the agenda item related to proposed adoption
of a Resolution of Necessity for the California & Taft Roundabout Project. The questions
are below with staff’s response shown in italics:
1) Can you please explain what the highlighted portion of the paragraph below
on pg. 378 of the Agenda Packet means? (excerpt below)
Item 7a - California & Taft Roundabout Resolution of Necessity Page 2
The highlighted text describes an element of the potential eminent domain
process. If the Council chooses to adopt the proposed Resolution of Necessity,
authorizing the City to initiate the eminent domain process for the roundabout
project, staff are proposing that the City’s legal counsel file an order for
prejudgment possession of the Subject Property Interests required to construct the
roundabout. In eminent domain, the government (or agency) can file a motion to
ask the court for the right to take possession of the property before the full case is
finished. If the court approves, the agency can start using the property right away
even though the final compensation amount hasn’t been decided yet. Before
getting early possession, the agency must deposit funds with the court based on
the estimate of the property’s fair market value. Later, the court (or jury) decides
the true amount of just compensation, which could be higher or lower.
2) How was fair share contribution amount ($97,547) by Cal Poly towards the
roundabout project determined?
This fair share mitigation fee was determined in the Cal Poly Student Housing
South Environmental Impact Report (EIR) (see pg. 14). This amount represents
2.6% of the total roundabout pre-construction and construction cost as estimated
at the time the EIR was prepared (apx. $3.7 million total project cost). The 2.6%
figure represents the percent increase in net new vehicle trips added to the
California & Taft intersection by Cal Poly’s Student Housing South development.