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DRAFT MINUTES Page 3 City of San Leandro City Council and San Leandro Redevelopment Agency Joint Meeting~Ianuary 20, 2009 This being the time and place for the Public Hearing on the above matter, City Manager Hollister introduced City Engineer Ken Joseph. Mr. Joseph gave a short PowerPoint presentation, providing information on the proposed Water Pollution Control Plant expansion project, and the need to acquire the property at 2550 Davis Street in order to complete the project. Mr. Joseph reported that offers have been made to the property owners, and that negotiations will continue even if the resolution of necessity is adopted tonight. Mr. Joseph and Administrative Analyst Tara Peterson responded to questions from the Council. Councilmember Souza expressed hesitation in proceeding with an eminent domain action without more information. Claudia Gorham, special counsel with Meyers Nave, explained the purpose of the resolution of necessity. Ms. Peterson stated that the property owners are currently seeking their own appraisal, which could delay acquisition of the property by several months. Staff responded to Council's questions regarding the time urgency of the project and details of the property negotiations. Public Works Director Mike Bakaldin commented on the need to make the improvements in order for the Water Pollution Control Plant to meet its permit requirements and avoid hefty fines. The Property Owners' Hearing was opened. The City Clerk announced that the property owners did not file a formal written request to speak at the hearing. Mayor Santos ascertained that the property owners and tenants were not present. The Property Owners' Hearing was closed. The Hearing was then opened to the public. There being no comments from the public, and without objection, the Public Hearing was closed. Ms. Peterson commented that she has been through this process several times, and the City has always been able to come to a negotiated settlement with the property owners. In response to Councilmember Souza's question regarding the accelerated project schedule, Ms. Peterson indicated that she believed the schedule was accelerated due to the amount of remediation necessary at the site, which was reported in the Phase II environmental site assessment results that the City received in June 2008. • Resolution No. 2009-002, Resolution of Necessity Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Assessor's Parcel No. 077A-0649-008-22, Known as 2550 Davis Street and Directing the Filing of Eminent Domain for the Expansion of the Water Pollution Control Plant (authorizes the City Attorney to petition the court to begin eminent domain proceedings for the acquisition of subject property). (3149) M/S/C Prola and Stephens. Ayes: 6; Noes: 1(Souza) 4. PUBLIC HEARINGS--JOINT CITY COUNCIL/ REDEVELOPMENT AGENCY None.