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NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the project to expand the Water Pollution Control Plant; 2. The project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The taking of the fee simple title in and to the real property more particularly described in said Exhibit "A" is necessary for the project; 4. The offer required by Section 7267.2 of the Government Code of the State of California has been made to the owner or owners of record of the real property; 5. The law firm of Meyers, Nave, Riback, Silver & Wilson is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as it may deem advisable or necessary in connection therewith; 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession; and 7. This project is Categorically Exempt from CEQA review. Introduced by Councilmember Prola and passed and adopted this 20t" day of January, 2009, by the following vote: Members of the Council: AYES: Councilmembers Gregory, Prola, Reed, Starosciak, Stephens; Mayor Santos (6) NOES: Councilmember Souza (1) ABSENT: None ATTEST: _-~i Q~ ~I.~LIIL Marian Handa, City Clerk (0) RESOLUTION N0.2009-002 2